HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 05/27/2008 Ak
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City of Kent
� City Council Special Meeting
Agenda
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� May 27, 2008
Mayor Suzette Cooke
Debbie Raplee, Council President
Councilmembers
Elizabeth Albertson Deborah Ranniger
Tim Clark Les Thomas
Ron Harmon
40
�� KENT
WASH IN CTO N
City Clerk's Office
40 *� KENT CITY COUNCIL AGENDA
�KENT Special Meeting
WASH INGTON May 27, 2008
Council Chambers
5.00 u.m.
MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie Raplee, President
Elizabeth Albertson Tim Clark Ron Harmon
Deborah Ranniger Les Thomas
CALL TO ORDER/FLAG SALUTE
ROLL CALL
PUBLIC COMMUNICATIONS
1. Community Events
CONSENT CALENDAR
1. Payment of Bills - Approve
2. Union Pacific Railroad - Willis Street Railroad Crossing Improvements -
Authorize
3. King County Grant Agreement for Safe Havens Services - Authorize
4. Agreement with Skyhawks Sports Academy for Sports Camps - Authorize
5. Lease Agreement with Yamaha Motor Corporation for Golf Carts at Riverbend
Golf Complex - Authorize
6. FlexPass Program Agreement 2008-2009 - Authorize
7. King County Special Property Tax Levy Agreement - Authorize
OTHER BUSINESS
1. Town Square Plaza, Puget Sound Energy Covenant - Approve
ADJOURNMENT
NOTE: A co of the full agenda packet is available for perusal in the City Clerk's
PY 9 P P Y
Office and the Kent Library. The Agenda Summary page and complete packet
are on the City of Kent web site at www.ci.kent.wa.us.
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office
in advance at (253) 856-5725. For TDD relay service call the Washington
' Telecommunications Relay Service at 1-800-833-6388.
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PUBLIC COMMUNICATIONS
1) COMMUNITY EVENTS
Kent City Council Meeting
Date May 27, 2008
Consent Calendar - 1
CONSENT CALENDAR
City Council Action: ,�
' Councilmember N64)L" , moves, Councilmember 1-' L
seconds to approve Conse t Calendar Items 1 through 7.
Discussion
Action
1. Approval of Bills.
' Approval of payment of the bills received through May 15 and paid on May 15
after auditing by the Operations Committee on May 20, 2008.
Approval of checks issued for vouchers:
Date Check Numbers Amount
5/15/08 Wire Transfers 3266-3283 $1,988,657.23
5/15/08 Regular 620123-620867 2,590,380.53
Void Checks 620384 (75.00)
Use Tax Payable $ 6,742.32
$4,585,705.08
Approval of checks issued for payroll for May i through May 15 and paid on
L' May 20, 2008:
Date Check Numbers Amount
5/20/08 Checks 304829-305172 $ 231,316.33
5/20/08 Advices 230559-231301 1,435,064.59
Total Regular Payroll $1,666,380.92
Interim Payroll (void & reissue)
5/20/08 Void Check 305103 ($932.64)
5/21/08 Check 305173 932.64
0
Kent City Council Meeting
Date May 27, 2008
Category Consent Calendar - 2
1. SUBJECT: UNION PACIFIC RAILROAD - WILLIS STREET RAILROAD
CROSSING IMPROVEMENTS - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Public Works Department to pay the
outstanding balance of $257,560 on the Union Pacific Railroad invoice for railroad
circuitry upgrades related to traffic signal installation at 74th Avenue South at
Willis Street.
On June 9, 2003, the City entered into an agreement with Union Pacific Railroad
(UPRR) to upgrade the Willis Street railroad signal equipment to detect trains with
- sufficient advance warning to allow pre-emption of the 74th Avenue S. traffic
signal. The traffic signal was installed under LID 329 with costs of the project,
including Union Pacific Railroad's costs, to be assessed to property owners along
74th Avenue S.
3. EXHIBITS: Memo from Deputy Public Works Director and ma
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4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
6
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone 253-856-5500
1111� K E N T Fax 253-856-6500
WASHINGTONN Address 220 Fourth Avenue S
Kent, WA 98032-5895
Date: May 13, 2008
To: Chair Deborah Ranniger and Public Works Committee Members
PW Committee Meeting Date: May 19, 2008
From: Tim LaPorte, Deputy Public Works Director
Through: Larry Blanchard, Public Works Director
Subject: Payment of Union Pacific Railroad (UPRR) Invoice for
Willis Street Railroad Crossing Improvements
Move to authorize the Public Works Department to pay the outstanding
balance of $257,560 on the Union Pacific Railroad invoice for railroad
circuitry upgrades related to the 74t" Avenue South at Willis Street traffic
signal installation.
Background/History:
On June 9, 2003 the City entered into an agreement with Union Pacific Railroad
(UPRR) to upgrade the Willis Street railroad signal equipment to detect trains with
sufficient advance warning to allow preemption of the 74t" Avenue S. traffic signal.
The traffic signal was installed under LID 329 with costs of the project, including
Union Pacific Railroad's costs, to be assessed to property owners along 741h Avenue
S. (see attached map).
The estimated cost to the City for this work was estimated by UPRR at $187,795.
On November 4, 2003 UPRR notified the City that there was a flaw in the original
estimate and revised the estimate to $342,355. The final amount invoiced is
$445,355. In keeping with the original agreement, the City paid the $187,795 with
the remaining $257,560 being disputed.
The language in the agreement requires the city to pay actual costs. UPRR
contends they have billed actual costs and the City owes the remaining balance.
Public Works had a consultant who is familiar with railroad signal work review the
invoices, and it is the consultant's conclusion that the work performed was in
accordance with UPRR standards and was invoiced properly. Therefore. in final
review of all information pertaining to this project, Public Works recommends
paying $257,560. Funds are available in the project account to make this payment.
Mayor Cooke and Kent City Council 1
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WILLIS ST. (SR516)
PROPOSED SIGNAI.
INTERSECTION IMPROVEMENTS
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CITY OF KENT
ENGINEERING DEPARTMENT 400 W. GOWE ST KENT, WA. 48032
WILLIS AND 74TH AVE. S. SIGNAL AND ROAD IMPROVEMENTS
�`-•� KE1N[`� ID 329 1'1tfAP
r..«r.•..« EPTEMBER. 2002
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Kent City Council Meeting
Date May 27, 2008
Category Consent Calendar - 3
1. SUBJECT: KING COUNTY GRANT AGREEMENT FOR SAFE HAVENS
SERVICES - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the grant agreement
for $75,000 with King County Domestic Violence to fund Safe Havens services,
and approve the expenditure of funds in the Safe Havens budget.
The King County grant will be used to provide services to low income families at
the Safe Havens Visitation and Exchange Center. Funds will be used for
personnel costs, rent, utilities and supplies.
3. EXHIBITS: Contract
4. RECOMMENDED BY: Parks & Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes No X
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
King County Contract No. D37719D
Federal Taxpayer ID No. 91-1355875
Department/Division Community and Human Services/Women's Program
Agency City of Kent
Project Title Safe Havens Visitation Center
Contract Amount $ 75,000 Fund Code 15
Contract Period From: 04/01/2008 To 12/31/2008
KING COUNTY PUBLIC ENTITY SERVICES CONTRACT - 2008
THIS CONTRACT is entered into by KING COUNTY (the "County"), and City of Kent (the "Agency"),
whose address is 220 -4th Avenue South, Kent, WA 98032.
WHEREAS, the County has been advised that the following are the current funding sources, funding
levels and effective dates:
FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES
COUNTY $75,000 04/01/2008 - 12/31/2008
TOTAL $75,000 04/01/2008 - 12/31/2008
and
WHEREAS, the County desires to have certain services performed by the Agency as described in this
Contract, and as authorized by Ordinance No. 15975;
NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually
agree as follows:
This form is available in alternate formats upon
request for persons with disabilities.
City of Kent Page 1 of 16 2008 Contract
I. EXHIBITS
The Agency shall provide services and comply with the requirements set forth hereinafter
and in the following attached exhibits, which are incorporated herein by reference:
® Certificates of Insurance/Endorsements Attached hereto as Exhibit I
® Safe Havens Visitation Center Attached hereto as Exhibit II
II. DURATION OF CONTRACT
This Contract shall commence on the 1 st day of April 2008, and shall terminate on the 31 st
day of December 2008, unless extended or terminated earlier, pursuant to the terms and
conditions of this Contract.
III. COMPENSATION AND METHOD OF PAYMENT
A. The County shall reimburse the Agency for satisfactory completion of the terms and
conditions found in this Contract and its attached Exhibits.
B. The Agency shall submit an invoice and all accompanying reports as specified in the
attached Exhibit(s), including its final invoice and all outstanding reports. The County
shall initiate authorization for payment to the Agency not more than 30 days after a
complete and accurate invoice and all outstanding reports are received and approved.
C. If the Agency's final invoice and reports are not submitted by the day specified in the
attached Exhibit(s), the County will be relieved of all liability for payment to the Agency
of the amounts set forth in said invoice or any subsequent invoice.
IV. OPERATING BUDGET
The Agency shall apply the funds received from the County under this Contract in
accordance with the budget, if included within an Exhibit. The Agency shall request prior
approval from the County for an amendment to this Contract when the cumulative amount of
transfers among the budget categories within an Exhibit is expected to exceed ten percent of
the total Exhibit budget. Supporting documents necessary to explain fully the nature and
purpose of the amendment must accompany each request for an amendment.
V. INTERNAL CONTROL AND ACCOUNTING SYSTEM
The Agency shall establish and maintain a system of accounting and internal controls which
complies with applicable, generally accepted accounting principles, financial and
governmental reporting standards as prescribed by the appropriate accounting standards
board.
City of Kent Page 2 of 16 2008 Contract
VI. MAINTENANCE OF RECORDS
A. The Agency shall maintain accounts and records, including personnel, property,
financial, and programmatic records and other such records as may be deemed
necessary by the County to ensure proper accounting for all Contract funds and
compliance with this Contract.
B. These records shall be maintained for a period of six years after termination hereof
unless permission to destroy them is granted by the Office of the Archivist in
accordance with Revised Code of Washington (RCW) Chapter 40.14.
C. The Agency shall inform the County in writing of the location, if different from the
Agency address listed on page one of this Contract, of the aforesaid books, records,
documents, and other evidence and shall notify the County in writing of any changes in
location within ten working days of any such relocation.
VII. AUDITS
A. The Agency shall submit to the County a copy of its annual report of examination/audit,
conducted by the Washington State Auditor, within 30 days of receipt.
B. Additional federal and/or state audit or review requirements may be imposed on the
County, and the Agency shall be required to comply with any such requirements.
VIII. EVALUATIONS AND INSPECTIONS
A. The Agency shall provide right of access to its facilities, including those of any
subcontractor, to the County, the state, and/or federal agencies or officials at all
reasonable times in order to monitor and evaluate the services provided under this
Contract. The County shall give advance notice to the Agency in the case of fiscal
audits to be conducted by the County.
B. The records and documents with respect to all matters covered by this Contract shall
be subject at all time to inspection, review, or audit by the County and/or federal/state
officials so authorized by law during the performance of this Contract and six years
after termination hereof, unless a longer retention period is required by law.
C. The Agency agrees to cooperate with the County or its agent in the evaluation of the
Agency's performance under this Contract and to make available all information
reasonably required by any such evaluation process. The results and records of said
evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17.
IX. CORRECTIVE ACTION
If the County determines that a breach of contract has occurred, that is, the Agency has
failed to comply with any terms or conditions of this Contract or the Agency has failed to
provide in any manner the work or services agreed to herein, and if the County deems said
breach to warrant corrective action, the following sequential procedure shall apply:
A. The County shall notify the Agency in writing of the nature of the breach;
B. The Agency shall respond in writing no later than ten working days following receipt of
such notification, which response shall indicate the steps being taken to correct the
specified deficiencies. The corrective action plan shall specify the proposed
completion date for bringing the Contract into compliance, which date shall not be more
than 30 days from the date of the Agency's response, unless the County, at its sole
City of Kent Page 3 of 16 2008 Contract
If the Contract is terminated as provided in this Subsection: (1) the County shall be
liable only for payment in accordance with the terms of this Contract for services
rendered prior to the effective date of termination; and (2) the Agency shall be released
from any obligation to provide such further services pursuant to the Contract as are
affected by the termination.
Funding or obligation under this Contract beyond the current appropriation year is
conditional upon appropriation by the County Council of sufficient funds to support the
activities described in the Contract. Should such appropriation not be approved, this
Contract shall terminate at the close of the current appropriation year.
D. The Agency may terminate this Contract upon seven days written notice, should the
County commit any material breach of this Contract.
E. This Contract may be terminated by the Agency without cause, prior to the date
specified by providing the County 90 days advance written notice of the termination.
The Agency shall provide the County 90 days advance written notice of its intent not to
renew this Contract, in whole or in part.
F. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this
Contract or law that either party may have in the event that the obligations, terms, and
conditions set forth in this Contract are breached by the other party.
XII. FUTURE SUPPORT
The County makes no commitment to support the services contracted for herein and
assumes no obligation for future support of the activity contracted herein except as expressly
set forth in this Contract.
XI11. HOLD HARMLESS AND INDEMNIFICATION
A. In providing services under this Contract, the Agency is an independent contractor, and
neither it nor its officers, agents or employees are employees of the County for any
purpose. The Agency shall be responsible for ail federal and/or state tax, industrial
insurance, and Social Security liability that may result from the performance of and
compensation for these services and shall make no claim of career service or civil
service rights which may accrue to a County employee under state or local law.
The County assumes no responsibility for the payment of any compensation, wages,
benefits, or taxes, by, or on behalf of the Agency, its employees, and/or others by
reason of this Contract. The Agency shall protect, indemnify, and save harmless the
County, its officers, agents, and employees from and against any and all claims, costs,
and/or losses whatsoever occurring or resulting from (1)the Agency's failure to pay
any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the
Agency of work, services, materials, or supplies by Agency employees or other
suppliers in connection with or support of the performance of this Contract.
B. The Agency further agrees that it is financially responsible for and shall repay the
County all indicated amounts following an audit exception that occurs due to the
negligence, intentional act, and/or failure, for any reason, to comply with the terms of
this Contract by the Agency, its officers, employees, agents and/or representatives.
This duty to repay the County shall not be diminished or extinguished by the prior
termination of the Contract pursuant to the Duration of Contract or the Termination
sections.
City of Kent Page 5 of 16 2008 Contract
i
C. The Agency shall protect, defend, indemnify, and hold harmless the County, its ,
officers, employees, and agents from any and all costs; claims, judgments, and/or
awards of damages, arising out of, or in any way resulting from, the negligent acts or
omissions of the Agency, its officers, employees, and/or agents, in its performance
and/or non-performance of its obligations under this Contract. The Agency agrees that
its obligations under this subparagraph extend to any claim, demand, and/or cause of
action brought by, or on behalf of, any of its employees or agents. For this purpose,
the Agency, by mutual negotiation, hereby waives, as respects the County only, any =
immunity that would otherwise be available against such claims under the Industrial _
Insurance provisions of Title 51 RCW. In the event the County incurs any judgment,
award, and/or cost arising therefrom including attorneys' fees to enforce the provisions
of this article, all such fees, expenses, and costs shall be recoverable from the Agency.
D. The County shall protect, defend, indemnify, and hold harmless the Agency, its
officers, employees, and agents from any and all costs, claims, judgments, and/or
awards of damages, arising out of, or in any way resulting from, the sole negligent acts r
or omissions of the County, its officers, employees, or agents. The County agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of
action brought by, or on behalf of, any of its employees or agents. For this purpose, '
the County, by mutual negotiation, hereby waives, as respects the Agency only, any
immunity that would otherwise be available against such claims under the Industrial —
Insurance provisions of Title 51 RCW. In the event the Agency incurs any judgment,
award, and/or cost arising therefrom including attorneys' fees to enforce the provisions
of this article, all such fees, expenses, and costs shall be recoverable from the County.
E. Claims shall include, but not be limited to, assertions that use or transfer of software,
book, document, report, film, tape, or sound reproduction or material of any kind, 16
delivered hereunder, constitutes an infringement of any copyright, patent, trademark,
trade name, and/or otherwise results in unfair trade practice.
F. To the extent that an Agency subcontractor fails to satisfy its obligation to defend and
indemnify the County as detailed in Section XVII.B, of this Contract, the Agency shall
protect, defend, indemnify, and hold harmless the County, its officers, employees and
agents from any and all costs, claims, judgments, and/or awards or damages arising
out of, or in any way resulting from, the negligent act or omissions of the Agency's
subcontractor, its officers, employees, and/or agents in connection with or in support of
this Contract.
G. Nothing contained within this provision shall affect and/or alter the application of any
other provision contained within this Contract.
XIV. INSURANCE REQUIREMENTS
A. By the date of execution of this Contract, the Agency shall procure and maintain for the
duration of this Contract, insurance against claims for injuries to persons or damages
to property which may arise from, or in connection with, the performance of work
hereunder by the Agency, its agents, representatives, employees, and/or
subcontractors. The costs of such insurance shall be paid by the Agency or
subcontractor. The Agency may furnish separate certificates of insurance and policy
endorsements for each subcontractor as evidence of compliance with the insurance
requirements of this Contract. The Agency is responsible for ensuring compliance with
all of the insurance requirements stated herein. Failure by the Agency, its agents,
employees, officers and or subcontractors, to comply with the insurance requirements
stated herein shall constitute a material breach of this Contract.
City of Kent Page 6 of 16 2008 Contract
For All Coverages: Each insurance policy shall be written on an "occurrence" form;
except that insurance on a "claims made" form may be acceptable with prior County
approval.
If coverage is approved and purchased on a "claims made" basis, the Agency warrants
continuation of coverage, either through policy renewals or the purchase of an
extended discovery period, if such extended coverage is available, for not less than
three years from the date of Contract termination, and/or conversion from a "claims
made" form to an "occurrence" coverage form.
By requiring such minimum insurance, the County shall not be deemed or construed to
have assessed the risks that may be applicable to the Agency under this Contract.
The Agency shall assess its own risks and, if it deems appropriate and/or prudent,
maintain greater limits and/or broader coverage.
Nothing contained within these insurance requirements shall be deemed to limit the
scope, application and/or limits of the coverage afforded by said policies, which
coverage will apply to each insured to the full extent provided by the terms and
conditions of the policy(ies). Nothing contained within this provision shall affect and/or
+ alter the application of any other provision contained within this Contract.
B. Minimum Scope of Insurance
Coverage shall be at least as broad as the following:
1. General Liability:
Insurance Services Office form number (CG 00 01) covering COMMERCIAL
GENERAL LIABILITY).
2. Professional Liability:
Professional Liability, Errors, and Omissions coverage. In the event that services
delivered pursuant to this Contract either directly or indirectly involve or require
professional services, Professional Liability, Errors, and Omissions coverage
shall be provided. "Professional Services", for the purpose of this Contract
section, shall mean any services provided by a licensed professional or those
services that require professional standards of care.
3. Automobile Liability:
In the event that services delivered pursuant to this Contract require the use of a
vehicle or involve the transportation of clients by Agency personnel in Agency-
owned vehicles or non-owned vehicles, the Agency shall provide evidence of the
appropriate automobile coverage.
Insurance Services Office form number (CA 00 01) covering BUSINESS AUTO
COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by
symbols 2, 7, 8, or 9.
4. Workers' Compensation
Workers' Compensation coverage, as required by the Industrial Insurance Act of
the State of Washington, as well as any similar coverage required for this work by
applicable federal or"Other States" state law.
City of Kent Page 7 of 16 2008 Contract
5. Stop Gap/Employers Liability
Coverage shall be at least as broad as the protection provided by the Workers'
Compensation policy Part 2 (Employers Liability) or, in states with monopolistic
state funds, the protection provided by the "Stop Gap" endorsement to the
general liability policy.
C. Minimum Limits of Insurance
The Agency shall maintain limits no less than, for:
1. General Liability: $1,000,000 combined single limit per occurrence by bodily —
injury, personal injury, and property damage, and for those policies with
aggregate limits, a $2,000,000 aggregate limit.
2. Professional Liability, Errors, and Omissions: $1,000,000 per claim and in the
aggregate. r/
3. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage. Except if the transport of clients by Agency
personnel is involved, then Risk Management will review the appropriate amount
of coverage. —
4. Workers' Compensation: Statutory requirements of the state of residency. i
5. Stop Gap/Employers Liability: $1,000,000.
D. Deductibles and Self-insured Retentions
Any deductibles or self-insured retentions must be declared to, and approved by, the
County. The deductible and/or self-insured retention of the policies shall not apply to
the Agency's liability to the County and shall be the sole responsibility of the Agency.
E. Other Insurance Provisions
The insurance policies required in this Contract are to contain, or be endorsed to
contain, the following provisions:
1. Liability Policies Except Professional/Errors and Omissions and Workers
Compensation.
a. The County, its officers, officials, employees and agents are to be covered
as additional insureds as respects liability arising out of activities performed
by or on behalf of the Agency in connection with this Contract. (CG 2010
11/85 or its' equivalent)
b. The Agency's insurance coverage shall be primary insurance as respects
the County, its officers, officials, employees, and agents. Any insurance
and/or self-insurance maintained by the County, its offices, officials,
employees or agents shall not contribute with the Agency's insurance or
benefit the Agency in any way.
C. The Agency's insurance shall apply separately to each insured against `
whom claim is made and/or lawsuit is brought, except with respect to the
limits of the insurer's liability.
City of Kent Page 8 of 16 2008 Contract
2. All Policies
Coverage shall not be suspended, voided, canceled, reduced in coverage or in
limits, except by the reduction of the applicable aggregate limit by claims paid,
until after 45 days prior written notice has been given to the County.
F. Acceptability of Insurers
Unless otherwise approved b the Count insurance is to be laced with insurers with
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a Bests' rating of no less than A: VIII, or, if not rated with Bests, with minimum
surpluses the equivalent of Bests' surplus size VIII.
Professional Liability, Errors, and Omissions insurance may be placed with insurers
with a Bests' rating of B+VII. Any exception must be approved by the County.
If, at any time, the foregoing policies shall fail to meet the above minimum
requirements the Agency shall, upon notice to that effect from the County, promptly
obtain a new policy, and shall submit the same to the County, with appropriate
certificates and endorsements, for approval.
G. Verification of Coverage
The Agency shall furnish the County certificates of insurance and endorsements
required by this Contract. Such certificates and endorsements, and renewals thereof,
shall be attached as exhibits to the Contract. The certificates and endorsements for
each insurance policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf. The certificates and endorsements for each insurance policy
are to be on forms approved by the County prior to the commencement of activities
associated with the Contract. The County reserves the right to require complete,
certified copies of all required insurance policies at any time.
H. Subcontractors
The Agency shall include all subcontractors as insureds under its policies or shall
require separate certificates of insurance and policy endorsements from each
subcontractor. If the Agency is relying on the insurance coverages provided by
subcontractors as evidence of compliance with the insurance requirements of this
Contract then such requirements and documentation shall be subject to all of the
requirements stated herein.
1. Municipal or State Agency Provisions
If the Agency is a Municipal Corporation or an agency of the State of Washington and
is self insured for any of the above insurance requirements, a certification of self-
insurance shall be attached hereto and be incorporated by reference and shall
constitute compliance with this Section.
XV. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
A. Nondiscrimination in Employment Provision of Services
During the performance of this Contract, neither the Agency nor any party
subcontracting under the authority of this Contract shall discriminate or tolerate
harassment on the basis of race, color, sex, religion, national origin, marital status,
sexual orientation, age, or the presence of any sensory, mental, or physical disability in
the employment or application for employment or in the administration or delivery of
City of Kent Page 9 of 16 2008 Contract
services or any other benefits under this Contract. King County Codes Chapters 12.16
and 12.17 are incorporated herein by reference, and such requirements shall apply to
this Contract.
B. Nondiscrimination in Subcontracting Practices
During the solicitation, award and term of this Contract, the Agency shall not create
barriers to open and fair opportunities to participate in County contracts or to obtain or
compete for contracts and subcontracts as sources of supplies, equipment,
construction and services. In considering offers from and doing business with
subcontractors and suppliers, the Agency shall not discriminate against any person on
the basis of race, color, religion, sex, age, national origin, marital status, sexual
orientation or the presence of any mental or physical disability in an otherwise qualified
disabled person.
C. Compliance with Laws and Regulations
The Agency shall comply fully with all applicable federal, state and local laws,
ordinances, executive orders and regulations that'prohibit discrimination. These laws
include, but are not limited to, KCC 12.17, RCW Chapter 49.60, Titles VI and VII of the
Civil Rights Act of 1964, 42 United States Code (USC) 2000(a) et seq., the Americans
with Disabilities Act, 42 USC 12102 et seq., and the Restoration Act of 1987 The
Agency shall further comply fully with any affirmative action requirements set forth in
any federal regulations, statutes or rules included or referenced in the contract
documents.
D. Small Business and Minority and Women Business Enterprise Opportunities
The County encourages the Agency to utilize small businesses, including Minority-
owned and Women-owned Business Enterprises ("M/WBEs") in County contracts. The
County encourages the Agency to use the following voluntary practices to promote
open competitive opportunities for small businesses, including M/WBEs.
1. Attending a pre-bid or pre-solicitation conference, if scheduled by the County, to
provide project information and to inform small businesses and other firms of
contracting and subcontracting opportunities.
2. Placing all qualified small businesses attempting to do business in King County,
including M/WBEs, on solicitation lists, and providing written notice of
subcontracting opportunities to these firms capable of performing the work,
including without limitation all businesses on any list provided by the County, in
sufficient time to allow such businesses to respond to the written solicitations.
3. Breaking down total requirements into smaller tasks or quantities, where
economically feasible, in order to permit maximum participation by small
businesses, including M/WBEs.
4. Establishing delivery schedules, where the requirements of this Contract permit,
that encourage participation by small businesses, including M/WBEs.
5. Providing small businesses, including M/WBEs that express interest with
adequate and timely information about plans, specifications, and requirements of
the Contract.
City of Kent Page 10 of 16 2008 Contract
6. Using the services of available community organizations, contractor groups, local
assistance offices, the County, and other organizations that provide assistance in
the recruitment and placement of small businesses, including M/WBEs.
7. The Washington State Office of Minority and Women's Business Enterprises
(OMWBE) can provide a list of certified M/WBEs. Contact OMWBE office at
360-753-9693 or on-line through the web site at www.wsdot wa.gov/omwbe/.
E. Fair Employment Practices
King County Code Chapters 12.16 and 12.18 are incorporated by reference as if fully
set forth herein and such requirements apply to this Contract. During the performance
of this Contract, neither the Agency nor any party subcontracting under the authority of
this Contract shall engage in unfair employment practices.
F. Record-Keeping Requirements and Site Visits
The Agency shall maintain, for at least six years after completion of all work under this
Contract, the following:
1. Records of employment, employment advertisements, application forms, and
other pertinent data, records and information related to employment, applications
for employment or the administration or delivery of services or any other benefits
under this Contract; and
2. Records, including written quotes, bids, estimates or proposals submitted to the
Agency by all businesses seeking to participate on this Contract, and any other
information necessary to document the actual use of and payments to
subcontractors and suppliers in this Contract, including employment records.
The County may visit, at any time, the site of the work and the Agency's office to
review the foregoing records. The Agency shall provide every assistance requested by
the County during such visits. In all other respects, the Agency shall make the
foregoing records available to the County for inspection and copying upon request. If
this Contract involves federal funds, the Agency shall comply with all record keeping
requirements set forth in any federal rules, regulations or statutes included or
referenced in the contract documents.
G, Sanctions for Violations
Any violation of the mandatory requirements of the provisions of this Section shall be a
material breach of contract for which the Agency may be subject to damages,
withholding payment and any other sanctions provided for by the Contract and by
applicable law.
H. Reporting
The Agency shall complete all reports and forms provided by the County and shall
otherwise cooperate fully with the County in monitoring and assisting the Agency in
providing nondiscriminatory programs.
XVI. SECTION 504 AND AMERICANS WITH DISABILITIES ACT (ADA)
The Agency has completed a 504/ADA Self-Evaluation Questionnaire for all programs and
services offered by the Agency (including any services not subject to this Contract) and has
City of Kent Page 11 of 16 2008 Contract
evaluated its services, programs and employment practices for compliance with Section 504
of the Rehabilitation Act of 1973, 29 USC 701 et seq. as amended ("504") and the American
Disabilities Act, 42 USC 12102 et seq. The Agency has completed, attached as an exhibit to
this Contract, and incorporated herein by reference a 504/ADA Assurance of Compliance.
XVII. SUBCONTRACTS AND PURCHASES
A. The Agency shall include the above Sections IV, V, VI, VII, V111, XII, X111, XIV, XV, and
XVI, in every subcontract or purchase agreement for services which relate to the
subject matter of this Contract.
B. The Agency agrees to include the following language verbatim in every subcontract,
provider agreement, or purchase agreement for services which relate to the subject
matter of this Contract:
"Subcontractor shall protect, defend, indemnify, and hold harmless King County, its
officers, employees and agents from any and all costs, claims, judgments, and/or
awards of damages arising out of, ,or in any way resulting from the negligent act or
omissions of subcontractor, its officers, employees, and/or agents in connection with or
in support of this Contract. Subcontractor expressly agrees and understands that King
County is a third party beneficiary to this Contract and shall have the right to bring an
action against subcontractor to enforce the provisions of this paragraph."
XVIII. CONFLICT OF INTEREST
A. The Agency agrees to comply with the provisions of KCC Chapter 3.04. Failure to
comply with any requirement of KCC Chapter 3.04 shall be a material breach of this
Contract, and may result in termination of this Contract pursuant to Section XI and
subject the Agency to the remedies stated therein, or otherwise available to the County
at law or in equity.
B. The Agency agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure
preferential treatment in its dealings with the County by offering any valuable
consideration, thing of value or gift, whether in the form of services, loan, thing or
promise, in any form to any County official or employee. The Agency acknowledges
that if it is found to have violated the prohibition found in this paragraph, its current
contracts with the County will be cancelled and it shall not be able to bid on any County
contract for a period of two years.
C. The Agency acknowledges that for one year after leaving County employment, a
former County employee may not have a financial or beneficial interest in a contract or
grant that was planned, authorized, or funded by a County action in which the former
County employee participated during County employment. Agency shall identify, at the
time of offer, current or former County employees involved in the preparation of
proposals or the anticipated performance of work if awarded the Contract. Failure to
identify current or former County employees involved in this transaction may result in
the County's denying or terminating this Contract. After Contract award, the Agency is
responsible for notifying the County's project manager of current or former County
employees who may become involved in the Contract any time during the term of the
Contract.
City of Kent Page 12 of 16 2008 Contract
XIX. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services provided directly or indirectly under this
Contract shall be used for any partisan political activity or to further the election or defeat of
any candidate for public office.
XX. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP
A. The Agency agrees that equipment purchased with Contract funds at a cost of $5,000
per item or more and identified in an exhibit as reimbursable is upon its purchase or
receipt the property of the Agency, County, and/or federal, and/or state government, as
specified in the exhibit.
B. The Agency shall be responsible for all such equipment, including the proper care and
maintenance.
C. The Agency shall ensure that all such equipment shall be returned to the appropriate
government agency, whether federal, state or county, upon written request of the
County.
D. The Agency shall admit County staff to the Agency's premises for the purpose of
marking such property with appropriate government property tags.
E. The Agency shall establish and maintain inventory records and transaction documents
(purchase requisitions, packing slips, invoices, receipts) of equipment purchased with
Contract identified funds.
XXL NOTICES
Whenever this Contract requires that notice be provided by one party to another, such notice
shall be:
A. In writing; and
B. Directed to the chief executive officer of the Agency and the director of the County
department specified on page one of this Contract.
Any time, within which a party must take some action, shall be computed from the date that
the notice is received by said party.
XXII. PROPRIETARY RIGHTS
The parties to this Contract hereby mutually agree that if any patentable or copyrightable
material or article should result from the work described herein, all rights accruing from such
material or article shall be the sole property of the County. The County agrees to and does
hereby grant to the Agency, irrevocable, nonexclusive, and royalty-free license to use,
according to law, any material or article and use any method that may be developed as part
of the work under this Contract.
The foregoing products license shall not apply to existing training materials, consulting aids,
checklists, and other materials and documents of the Agency which are modified for use in
the performance of this Contract.
The foregoing provisions of this section shall not apply to existing training materials,
consulting aids, checklists, and other materials and documents of the Agency that are not
modified for use in the performance of this Contract.
City of Kent Page 13 of 16 2008 Contract
XXIII. CONTRACT AMENDMENTS
Either party may request changes to this Contract. Proposed changes which are mutually
agreed upon shall be incorporated by written amendments to this Contract.
XXIV. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY
The Agency shall use recycled paper for the production of all printed and photocopied
documents related to the fulfillment of this Contract and shall ensure that, whenever possible,
the cover page of each document printed on recycled paper bears an imprint identifying it as
recycled paper.
If the cost of recycled paper is more than 15 percent higher than the cost of non-recycled
paper, the Agency may notify the Contract Administrator, who may waive the recycled paper
requirement.
The Agency shall use both sides of paper sheets for copying and printing and shall use
recycled/recyclable products wherever practical in the fulfillment of this Contract.
XXV. ENTIRE CONTRACTIWAIVER OF DEFAULT
The parties agree that this Contract is the complete expression of the terms hereto and any
oral or written representations or understandings not incorporated herein are excluded. Both
parties recognize that time is of the essence in the performance of the provisions of this
Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent
default. Waiver or breach of any provision of the Contract shall not be deemed to be a
waiver of any other or subsequent breach and shall not be construed to be a modification of
the terms of the Contract unless stated to be such through written approval by the County,
which shall be attached to the original Contract.
XXVI. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION
The Agency and any subcontractor(s) agree to abide by the terms of the Revised Code of
Washington, rules and regulations promulgated thereunder, and the DSHS and County
Agreement on General Terms and Conditions between the Department of Social and Health
Services and King County, as amended, and regulations of the state and federal
governments, as applicable, which control disposition of funds granted under this Contract,
all of which are incorporated herein by*reference.
In the event of a conflict between any of the language contained in any exhibit or any
attachment to this Contract, the language in the Contract shall have control over the
language contained in the exhibit or the attachment, unless the parties affirmatively agree in
writing to the contrary.
XXVII. CONFIDENTIALITY
The Agency agrees that all information, records, and data collected in connection with this
Contract shall be protected from unauthorized disclosure in accordance with applicable state
and federal law.
XXVIII. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY ACCOUNTABILITY ACT
OF 1996 (HIPAA)
Terms used in this section shall have the same meaning as those terms in the Privacy Rule,
45 Code of Federal Regulations (CFR) Parts 160 and 164.
City of Kent Page 14 of 16 2008 Contract
A. Obligations and Activities of the Agency
1. The Agency agrees not to use or disclose protected health information other than
as permitted or required by law.
2. The Agency agrees to implement administrative, physical, and technical
safeguards that reasonably and appropriately protect the confidentiality, integrity,
and availability of the protected health information that it creates, receives,
maintains, or transmits on behalf of the County as required by 45 CFR Part 164,
Subpart C.
3. The Agency agrees to mitigate, to the extent practicable, any harmful effect that
is known to the Agency of a use or disclosure of protected health information by
the Agency in violation of the requirements of this Contract.
4. The Agency agrees to report in writing all unauthorized or otherwise improper
disclosures of protected health information or security incident, to the County
within two days of the Agency's knowledge of such event.
5. The Agency agrees to ensure that any agent, including a subcontractor, to whom
it provides protected health information received from, or created or received by
the Agency on behalf of King County, agrees to the same restrictions and
conditions that apply through this Contract to the Agency with respect to such
information.
6. The Agency agrees to make available protected health information in accordance
with 45 CFR § 164.524.
7. The Agency agrees to make available protected health information for
amendment and incorporate any amendments to protected health information in
accordance with 45 CFR § 164.526.
8. The Agency agrees to make internal practices, books, and records, including
policies and procedures and protected health information, relating to the use and
disclosure of protected health information received from, or created or received
by the Agency on behalf of King County, available to the Secretary, in a
reasonable time and manner for purposes of the Secretary determining King
County compliance with the privacy rule.
9. The Agency agrees to make available the information required to provide an
accounting of disclosures in accordance with 45 CFR § 164,528.
B. Permitted Uses and Disclosures by Business Associate
The Agency may use or disclose protected health information to perform functions,
activities, or services for, or on behalf of, King County as specified in this Contract,
provided that such use or disclosure would not violate the Privacy Rule if done by King
County or the minimum necessary policies and procedures of King County.
C. Effect of Termination
1. Except as provided in paragraph C.2 of this section, upon termination of this
Contract, for any reason, the Agency shall return or destroy all protected health
information received from King County, or created or received by the Agency on
behalf of King County. This provision shall apply to protected health information
City of Kent Page 15 of 16 2008 Contract
that is in the possession of subcontractors or agents of the Agency. The Agency
shall retain no copies of the protected health information.
2. In the event the Agency determines that returning or destroying the protected
health information is infeasible, the Agency shall provide to King County
notification of the conditions that make return or destruction infeasible, Upon
notification that return or destruction of protected health information is infeasible,
the Agency shall extend,the protections of the Contract to such protected health
information and limit further uses and disclosure of such protected health
information to those purposes that make the return or destruction infeasible, for
so long as the Agency maintains such protected health information.
XXIX. EMERGENCY RESPONSE
A. The Agency shall prepare and submit within six months of the execution of the
Contract the necessary plans, procedures and protocols to:
I. Respond to and recover from a natural disaster or major disruption to agency
operations such as a work stoppage; and
2. Continue operations during a prolonged event such as a pandemic.
B. The Agency shall conduct exercises or drills to test the effectiveness of its plans at
least once a year and document the results of the exercise or drill.
C. The Agency shall prepare the plans in a format approved by the County. The
explanation of the format will include the specific content of the Agency's plans. The
County will specify areas that must be addressed in the Agency's plan.
D. The County may waive the requirements in subsections A, B or C upon written request
by the Agency identifying compelling reasons why such requirements should not apply.
KING COUNTY CITY OF KENT
FOR
King County Executive Signature
Date NAME (Please type or print)
Date
Approved by DCHS Director
Approved as to Form:
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
September 25, 2007
City of Kent Page 16 of 16 2008 Contract
Insurance Authority
11.0, Box 88030
�IUkwila, WA �)RI3R
29-Mar-07 Cert#: 4938
Mimic. 206-575-0046
King County Community Services
A Rix. 206 57S 74dh
Attn: Gina Simmons
621 Second Ave., Suite 500
Seattle,WA 99104-1598
RB: City of Kent
Contract for servicos at Safe Haven,a Human Services program.
Evidence of Coverage
The above captioned entity is a membcr of the Washington Cities Insurance Authority
(WCIA),which is a self insured pool of over 121 municipal corporations in the State of
Washington.
WCIA has at least Sl million per occurrence combined single limit of liability coverage
in its self insured layer that may be applicable in the event an incident occurs that is
deemed to be attributed to the negligence of the member.
WCIA is an Intcrioca) Agreement among municipalities and liability is completely self
funded by the membership, As there is no insurance policy involved and WCIA is not
an insurance company, your organization cannot be named as an "additional insured',
Sincerely,
� - —
Eric B.Larson 787 t Bata pig ►
post.i Fax Note Flom
Deputy Director Tri
Co
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Phatk �
phone
7 � Fax
cc: Christopher Hills `
Katherine Johnson
clettnr
City of Kent Page 1 of 1 2008 Contract-Exh I
EXHIBIT II
CITY OF KENT
SAFE HAVENS VISITATION CENTER
SUPERVISED VISITATION AND SAFE EXCHANGE SERVICES
I. WORK STATEMENT
The Agency shall provide supervised visitation and safe exchange services for families
impacted by domestic violence, sexual assault, child abuse, and stalking in accordance with
the terms and conditions described hereinafter. The total amount of reimbursement pursuant
to this Exhibit shall not exceed $75,000 in County funds for the Exhibit period July 1, 2008
through December 31, 2008.
11. PROGRAM DESCRIPTION
A. Outcome
To provide effective prevention and intervention strategies for those most at-risk and
most in need to prevent or reduce more acute illness, high-risk behaviors, incarceration
and other emergency medical or crisis responses by increasing interpersonal safety of
survivors of domestic violence and their children.
B. Indicators
Seventy-five percent of adult victims of domestic violence utilizing the Safe Havens
Visitation Center will report an increased sense of safety during service provision as
measured by pre and post surveys,
C. Eligibility
The criteria for acceptance into the program are the fear or need for protection of one
parent against the other parent while complying with visitation or exchange orders.
D. Definitions
1. Enrolled clients are supervised visitation and safe exchange services to families
impacted by domestic violence, sexual assault, child abuse, and stalking.
2. Program Measurement Tool is a pre- and post-survey administered to protected
parent at the beginning and end of service provision. Survey has scales of
perceived safety or danger in and around the center, before, during, and after
visitation.
3. Safe visitation and exchange are one-hour weekly visits between non-
residential parents and their children. Exchanges are provided to families
transitioning out of supervised visitation or as outlined in a court order.
Services are offered Wednesday through Sunday.
E. Program Requirements
1. The Agency agrees to provide, at minimum, the following cumulative units of
service:
City of Kent Page 1 of 3 2008 Contract-Exh 11
Services 1 s qtr July—Sep 2n qtr July- Dec
(cumulative) (cumulative
Enrolled Clients 6 6 6 12
2. The Agency shall offer the following services:
a. Intake and Assessment: (two hours) separate schedules, in-depth, on-
site intake interviews with the offender and the adult victim in order to
identify risk factors related to domestic violence, sexual assault, child
abuse, and stalking. Services shall include: a review of all program
guidelines and expectations; current contact information; additional
resources as needed; tour of the visitation area; preparation of files and
development of visitation schedule;
b. Child Orientations: (one-half hour) meeting with child to
identify concerns, answer questions, set up safety signal as needed,
explain visit supervisor's role, showing of various activities and toys
available during visits and practice visitation without custodial parent;
C. Supervised Visits: (two hours) check-in with visiting parent during pre-
visit 30 minute wait time. Services shall include: supervised one hour
visit, debrief with visiting parent and completion of observation notes
and other relevant documentation for file;
d. Supervised Exchanges: (one-half hour) sign-in of each party at
designated entrances and times. Escort of child from one parent to the
other and enforcement of staggered arrival and departure times to
ensure no contact between parties; and
e. Weekly Staff Case Consults: (two and one-half hours) staff identify and
discuss ongoing and emerging concerns related to safety and
scheduling issues; problem solve and present case challenges and
identify training needs and debrief stressful case situations.
3. In order to complement and maximize available resources, and to achieve the
best possible outcomes for clients, the Agency shall have a working agreement
and/or contractual relationship for coordinated service provision.
III. COMPENSATION AND METHOD OF PAYMENT
A. Billing Invoice
1. The Agency shall submit a Billing Invoice Package quarterly that consists of an
invoice statement and other reporting requirements as stated in Section IV.,
REPORTING REQUIREMENTS, of this Exhibit in a format approved by the
County. The Billing Invoice Package is due within ten working days after the
end of the quarter.
2. A hard copy of the invoice shall be submitted with original signatures. Other
reporting forms shall be submitted electronically.
City of Kent Page 2 of 3 2008 Contract-Exh 11
B. Method of payment
1. Reimbursement shall be made quarterly.
2. Subsidy costs for clients shall be paid according to the following unit cost:
a. Assess ment/intake (per intake) $300
b. Child Orientation (per family) $ 75
C. Supervised Visitation (per visit) $300
d. Staff Consultation (per week) $375
3. The Agency shall advise the County quarterly of any changes in revenues from
sources other than the County that are used to provide the services funded
under this Contract. The Agency agrees to re-negotiate performance
requirements if the County determines that such changes are substantial.
4. The Agency shall not invoice and charge the County for incurred costs which
are also specifically paid for by another source of funds.
5. If the Agency fails to submit any of the reporting requirements as stated in
Section IV., REPORTING REQUIREMENTS, the current invoice and the future
invoice shall not be paid until the Agency submits all required paperwork.
IV. REPORTING REQUIREMENTS
The Agency shall submit the following data in a format approved by the County.
A. The following forms shall be submitted electronically to the contract monitor at
arlene.arausaC�kingcounty.gov in a format approved by the County:
1. Service-Activity Report;
2. Client Profile Report; and
3. Human Services Outcome Report(s)
B. The Agency shall submit a Service-Activity Report in a format provided by the County.
This report states the number of units of services provided by the Agency as described
in Section ILEA., Program Requirements and in Section III.B.2. The Agency shall
submit this report within ten working days after the end of each quarter.
C. The Agency shall submit the Client Profile Report for King County (client
demographics) with the September, and December 2008 invoices in a format provided
by the County.
D. The Human Services Outcome report shall be submitted with the December 2008
invoice.
City of Kent Page 3 of 3 2008 Contract-Exh 11
Kent City Council Meeting
Date May 27, 2008
Category Consent Calendar - 4
1. SUBJECT: AGREEMENT WITH SKYHAWKS SPORTS ACADEMY FOR SPORTS
CAMPS - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement with
Skyhawks Sports Academy to provide summer sports camps for the City of Kent.
Skyhawks Sports Academy will staff, supervise, and instruct all participants who
register the sports camps offered by Kent Parks, Recreation, and Community
Services. They will register and collect all fees and registration forms and remit t
$16.00 per paid participant for each Soccer, Baseball, Basketball, and Flag
Football Camp, and $14.00 per paid participant for the Mini Hawks Camp.
Skyhawks will submit an itemized invoice that lists the number of paid
participants for each camp.
3. EXHIBITS: Goods & Services Agreement
4. RECOMMENDED BY: Parks & Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
M5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
KENT
W A 5 H I N G T O N
I
GOODS & SERVICES AGREEMENT
between the City of Kent and
Skyhawks Sports Academy, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Skyhawks Sports Academy, Inc. organized under the
laws of the State of Washington, located and doing business at 6311 E. Mt. Spokane Park Drive,
Suite B, Spokane, WA 99021 (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following
services for the City:
Vendor will staff, supervise, and instruct all participants who register for the sport
camps offered by the City of Kent and listed below. Vendor will additionally collect
all sport camp participant registration forms and registration and camp fees:
Camp Location Dates
Baseball Camp #1 Wilson Playfields 6/23 - 6/27/08
13028 SE 2515t St., Kent
Soccer Camp #1 Wilson Playfields 6/23 - 6/27/08
13028 SE 251St St., Kent
Basketball Camp #1 Kent Commons Gym 7/7 - 7/11/08
525 - 4th Ave. N., Kent
Flag Football Wilson Playfields 7/14 - 7/18/08
13028 SE 2515t St., Kent
Mini Hawks Wilson Playfields 7/14 - 7/18/08
13028 SE 2515t St., Kent
Baseball Camp #2 Wilson Playfields 7/28 - 8/1/08
13028 SE 251St St., Kent
Basketball Camp #2 Kent Commons Gym 8/4 - 8/8/08
525 - 4th Ave. N., Kent
Soccer Camp #2 Wilson Playfields 8/11 - 8/15/08
13028 SE 2515t St., Kent
Soccer Next Wilson Playfields 8/18 - 8/22/08
13028 SE 251s' St., Kent
Vendor acknowledges and understands that it is not the City's exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these
goods, materials, and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall
complete the work and provide all goods, materials, and services on the dates referenced above,
and shall remit all payments due the City no later than August 30, 2008.
III. COMPENSATION. Of the registration and camp fees Vendor collects directly from
camp participants, Vendor shall remit to the City the amount of $16.00 per paid participant for
each of the Soccer, Baseball, Basketball, and Flag Football Camps, and $14.00 per paid
participant for the Mini Hawks Camp. Vendor shall remain solely responsible for remitting to the
state all applicable sales tax, if any. With its transmittal to the City of the City's portion of the
registration and camp fees, Vendor shall submit an itemized invoice of each camp which lists the
number of paid participants registered. All payments must be remitted to the City no later than
August 30, 2008.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement and that the Vendor has the
ability to control and direct the performance and details of its work, the City being interested
only in the results obtained under this Agreement.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement.
VI. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM
THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD.
VII. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on
behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract
work, file the attached Compliance Statement.
VIII. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Vendor's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
GOODS & SERVICES AGREEMENT - 2
(Over$10,000.00, including WSST)
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
IX. INSURANCE. The Vendor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit A attached and
incorporated by this reference.
X. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors
in the performance of the contract work and shall utilize all protection necessary for that
purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any
loss of or damage to materials, tools, or other articles used or held for use in connection with the
work.
XI. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, in addition to any other recovery or award provided by law;
provided, however, nothing in this paragraph shall be construed to limit the City's right to
indemnification under Section VIII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
GOODS & SERVICES AGREEMENT -- 3
(Over $10,000.00, including WSST)
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Vendor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
VENDOR: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(tale)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Attn: Todd Lawber, Program Coordinator
Skyhawks Sports Academy, Inc. City of Kent Parks, Recreation,
6311 E. Mt. Spokane Park Dr., Suite B And Community Services
Spokane, WA 99021 220 Fourth Avenue South
Kent, WA 98032
800-804-3509 (telephone)
(facsimile) (253) 856-5000 (telephone)
(253) 856-6000 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
P\Civil\Files\OpenFi les\0105-2008\Skyhawks5portsAca demyCon tract doc
GOODS & SERVICES AGREEMENT - 4
(Over $10,000.00, including WSST)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
' 3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of , 200_.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on the
(date) , between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of , 200
By:
For:
Title.
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
Kent City Council Meeting
Date May 27, 2008
' Category Consent Calendar - 5
1. SUBJECT: LEASE AGREEMENT WITH YAMAHA MOTOR CORPORATION FOR
GOLF CARTS AT RIVERBEND GOLF COMPLEX - AUTHORIZE
' 2. SUMMARY STATEMENT: Authorize the Mayor to sign the equipment
schedule with Yamaha Motor Corporation, U.S.A. in the amount of $155,917.44 to
1 lease 50 golf carts, subject to final terms and conditions acceptable to the City
Attorney.
The City has an existing Master Lease Agreement with Yamaha Motor Corporation
for a fleet of 74 golf carts at Riverbend. Under the Master Lease Agreement there
are two lease programs. This 40-month term would coincide with the expiration
of the second lease program. The $175,000 in revenue from golf cart rentals
each year will cover the monthly lease payments over the term of the program.
3. EXHIBITS: Signed Procurement Waiver, Master Lease Agreement, and
Equipment Schedule
4. RECOMMENDED BY: Parks & Human Services Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling Director
Phone: 253-856-5100
• Fax: 253-856-6050
KENT
WA S P1 IN G T o N_ Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: May 6, 2008
' TO: Mayor Suzette Cooke
FROM: Jeff Watling, Director of Parks, Recreation and Community Services
SUBJECT: Waiver of Procurement Requirements —Yamaha Motor Corporation, U.S.A.
Lease Agreement
REFERENCE: Section 3.70.080 Kent City Code
Number 1.1.10 City of Kent Administration Policy
FUNDING: Riverbend Operating Budget
The Parks Department is asking for a written determination waiving the bidding requirements
allowed in the Section 3.70.080 Kent City Code and City of Kent Administration Policy Number
1.1.10 to lease 50 golf carts from Yamaha Motor Corporation U.S.A. The funding sources are
Riverbend operating budget. The estimated cost of the golf carts is $155,917.44, over the
course of a 40-month lease agreement, including delivery, but not including applicable taxes.
We believe it is in the city's best interest to negotiate a purchase directly with Yamaha Motor
Corporation, U.S.A. Riverbend currently has an operating lease with Yamaha Motor Corporation
U.S.A. for the remaining golf carts in the Riverbend fleet. This 40-month term coincides with
the expiration of the remaining fleet. For operation, maintenance and repair purposes, a fleet
of similar carts is preferred. City staff are planning a transition to electric golf carts in 2011. At
that time, a competitive bidding process will be used to procure the new fleet of golf carts.
Existing budgeted funds will cover the cost of this requested lease.
Mayor Suzette Cooke Date
t • ` Page 47
OYAmAHn
Commercial Customer Finance
MUNICIPAL MASTER LEASE AGREEMENT
Page 1 of 4 MLSE0906
Page 48
OYAMAHA FMOIDIFIED MUNICIPAL MASTER LEASE
YAMAHA MOTOR CORPORATION,U.S.A.
MASTER LEASE AGREEMENT dated April 12, 2007 between YAMAHA MOTOR CORPORATION, U.S.A.,
having its principal place of business at 6555 Katella Avenue, Cypress, California 90630 ("Lessor"), and
CITY OF hENT having its principal office at
220 4 AVENUE SOUTH. KENT,WA 98032 ("Lessee").
Lessor and Lessee hereby agree as follows,
1. Lease of Equipment. Lessor leases to Lessee the equipment described on each attached Equipment Schedule (the"Equipment'), on
the terms and conditions of this Lease, the applicable Equipment Schedule,and each rider attached hereto.
2. Term. The term of this lease for the Equipment described on a particular Equipment Schedule shall commence on the date set forth on
such Equipment Schedule and shall continue for the number of months indicated on such Equipment Schedule.
3. Rent. Lessee shall pay Lessor rent for the Equipment("Rent") in the amounts and at the times set forth on the applicable Equipment
Schedule. The amount of the Rent has been determined by amortizing the purchase price of the applicable Equipment(using the prices
quoted in the Request for Proposal identified on the applicable Equipment Schedule ("RFP"), together with an interest factor at the rate
specified in the applicable Equipment Schedule. Whenever any payment hereunder is not made when due, Lessee shall pay interest on such
amount from the due date thereof to the date of such payment at the lower of Lessor's then prevailing rate for late payments specified in
Lessor's invoice to Lessee for such payment or the maximum allowable rate of interest permitted by the law of the state where the Equipment
is located.
4. Selection, Delivery, and Acceptance. Lessee shall select the Equipment and take delivery thereof directly from Lessor or an authorized
dealer of Lessor(the"Dealer'). All costs of delivery are the sole responsibility of Lessee. Lessor shall not be liable for any loss or damage
resulting from the delay or failure to have any Equipment available for delivery. Lessee shall inspect the Equipment to determine that the
Equipment is as ordered and has been equipped and prepared in accordance with the RFP and any prior instructions given in writing by
Lessee to Lessor or Dealer. Lessee shall accept the Equipment if it meets the criteria set forth in the preceding sentence and shall execute
and deliver to Lessor or Dealer a Certificate of Acceptance, in form and substance satisfactory to Lessor, with respect to each shipment of
Equipment. For all purposes of this Lease, acceptance is conclusively established by Lessee's execution and deliver of a Certificate of
Acceptance provided by Lessor. Lessee authorizes Lessor to insert in each Equipment Schedule the serial numbers and other identifying
date of the Equipment.
5. Location, and Inspection. Lessee shall not move the Equipment from the locations specified in the applicable Equipment Schedule
without Lessor's prior written consent. Lessor and its representatives shall have the right from time to time during business hours to enter
upon the premises where the Equipment is located to inspect the Equipment and Lessee's records to confirm Lessee's compliance with this
Lease.
6. Care, Use, and Maintenance. Lessee shall, at its expense, at all times during the term of this Lease, keep the Equipment clean,
serviced, and maintained in good operating order, repair, condition, and appearance in accordance with Lessor's manuals and other
instructions received from Lessor. Lessee will not use or operate the Equipment,or permit the Equipment to be used or operated,in violation
of any law,ordinance or governmental regulations. The Equipment will be used and operated only as golf cars. Lessee shall safely store the
Equipment when not in use and properly secure it at night and such other times when the golf course on which the Equipment is used is
closed to play, and Lessee shall be solely responsible for such storage and safekeeping. If the Equipment is electrical, Lessee shall provide
sufficient and adequate electrical charging outlets and water facilities for the batteries which are a part of the Equipment.
7. Insurance. Effective upon delivery of the Equipment to Lessee and until the Equipment is returned to Lessor as provided
herein, Lessee relieves Lessor of responsibility for all risk of physical damage to or loss or destruction of all the Equipment,
howsoever caused. Lessor recognizes that Lessee is self-insured pursuant to Chapter 48.62 of the Revised Code of Washington
and accepts the explanatory letter from the Washington Cities Insurance Authority and Evidence of Coverage hereto attached as
sufficient coverage for purposes of this Agreement.
8. Storage. Lessee shall store the Equipment in such a manner as to prevent theft or damage from weather and vandalism.
9. Title. Title to the Equipment shall at all times remain with the Lessor. Lessee acquires only the interests of Lessee expressly described
in this Lease, the applicable Equipment Schedule, and the riders attached hereto. Lessee shall not remove,move, or cover over in any
manner any serial number on the Equipment. Lessee shall keep all Equipment free from any marking or labeling which might be interpreted
as a claim of ownership thereof by Lessee or any party other than Lessor or anyone so claiming through Lessor.
10, Warranties. The Equipment is warranted only in accordance with the manufacturer's warranty. EXCEPT AS EXPRESSLY PROVIDED
IN THE MANUFACTURER'S WARRANTY, LESSOR DISCLAIMS ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INTERFERENCE,
11. Alterations and Attachments. Lessee may,with Lessor's prior written consent,make such cosmetic modifications to the Equipment as
Lessee may deem desirable in the conduct of its business; provided, however, that such alterations shall not diminish the value or utility of
the Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof;and provided, further,
that such modification shall be removable without causing damage to the Equipment. Upon return of the Equipment to Lessor, Lessee shall,
if Lessor so elects, remove such modifications which have been made and shall restore the Equipment to its original condition, normal wear
and tear and depreciation excepted.
12. Taxes. Lessee shall cooperate with Lessor in all reasonable respects necessary in order for Lessor to qualify for any exemption or
exclusion from personal property tax on the equipment or sales or use tax on the leasing of the Equipment to Lessee hereunder. In the event
Page 2 of 4 MLSE0906
Page 49
that any such tax becomes payable by Lessor during the term of this Lease,Lessee shall pay to Lessor as additional rent,promptly on receipt
of Lessor's invoice therefor,an amount equal to such tax. Lessee shall collect and remit any and all sales, use, and other taxes payable in
any state,county,or city in respect of the rental or other use of the Equipment by Lessee.
13. Indemnity: Notice of Claim. Lessee shall be liable for,and hereby indemnifies Lessor and holds Lessor harmless from and
against, any and all claims, costs, expenses, damages, losses, and liabilities arising in any way from the, gross negligence or
misconduct of Lessee or Lessee's agents and independent contractors, or their respective employees. Each party hereto shall
give the other party prompt written notice of any claim arising out of the possession, leasing, renting, operation, control, use,
storage, or disposition of the Equipment and shall cooperate in all reasonable respects in investigating,defending, and resolving
such claim.
14. Return of Equipment. Upon the termination of an Equipment Schedule for any reason, unless Lessee is thereupon purchasing the
Equipment from Lessor, Lessee shall make the Equipment available for inspection and pick up by Lessor or Dealer at Lessee's location at
which the Equipment was used hereunder. The Equipment shall be returned to Lessor at the termination of this Lease in the same operating
order, repair, condition, and appearance as when received by Lessee, less normal depreciation and wear and tear(which shall not include
damaged or missing tires or wheels).
15. Defaults. The occurrence of any one or more of the following events shall constitute an"Event of Default"under this Lease.
(a) default by Lessee in the payment of any installment of rent or other charge payable by Lessee under any Equipment Schedule
as and when the same becomes due and payable;or
(b) default by Lessee in the performance of any other material term, covenant or condition of this Lease, any for a period of 10
days after notice;or
(c) A petition under the Bankruptcy Code or under any other insolvency law providing for the relief of debtors shall be filed by or
against Lessee;or
(d) The voluntary or involuntary making of any assignment of a substantial portion of its assets by Lessee for the benefit of
creditors shall occur, a receiver or trustee for Lessee or for Lessee's assets shall be appointed; any formal or informal
proceeding for dissolution,liquidation,settlement of claims against or winding up of the affairs of Lessee shall be commenced;
or
(e) Lessee shall default under any other lease or agreement between Lessee and Lessor or any of its assignees hereunder; or
(f) Lessee shall suffer a material adverse change in its financial condition from the date hereof, and as a result thereof Lessor
deems itself or any of the Equipment to be insecure.
16, Remedies. Upon the occurrence of an Event of Default, Lessor, at its option, may pursue any one or more of the following
remedies, in such order or manner as Lessor determines, each such remedy being cumulative and not exclusive of any other
remedy provided herein or under applicable law, unless expressly waived herein
(a) terminate all or any portion of the Equipment Schedules to this Lease;
(b)upon termination of this Lease or with the express consent of Lesee for purposes of mitigating Lessor's damages,take
possession of the Equipment, Lessee hereby granting Lessor the right and license to enter upon Lesee's premises
where the Equipment is located for such purpose. (c) proceed by appropriate court action, either at law or in
equity, to enforce performance by Lessee of the applicable covenants and terms of this Lease, or to recover from
Lessee any and all damages or expenses, which Lessor shall have sustained by reason of Lessee's default in any
covenant or covenants of this Lease, or on account of Lessor's enforcement of its remedies thereunder; without
limiting any other damages to which Lessor may be entitled, Lessor shall be entitled upon an Event of Default to
damages in an amount equal to all Rent then due but unpaid, plus the aggregate amount of Rent thereafter coming
due for the remaining term of this Lease., plus Lessor's costs and expenses, exclusive of attorneys fees, minus al[
amounts received by Lessor after using reasonable efforts to sell or re-lease the Equipment after repossession or
from any guaranty by the Dealer or any third-party; and
(d) sell the Equipment or enter into a new lease of the Equipment. No delay by Lessor in pursuing any remedy shall be treated as
a waiver of or limitation on such remedy or any other remedy.
17. Assignment. Neither Lessee nor Lessor shall transfer,assign, or sublease (except for rentals to players as contemplated hereunder in
the ordinary course of business), or create, incur, assume, or permit to exist any security interest, lien, or other encumbrance on, the
Equipment,this Lease,or any interest of Lessee therein.
18. Lessee's Representations and Warranties. Lessee represents and warrants to Lessor that. (a) Lessee has the authority
under applicable law to enter into and perform this Lease and each Equipment Schedule and rider hereto; (b) Lessee has taken all
necessary action to authorize its execution, delivery, and performance of this Lease and each Equipment Schedule and rider
hereto; (c) the Lease and each Equipment Schedule and rider hereto have been duly executed and delivered by an authorized
signatory of Lessee and constitute Lessee's legal,valid, and binding obligations, enforceable in accordance with their terms; and
(d) adequate funds have been budgeted and appropriated to enable Lessee to make all payments required under each Equipment
Schedule to this Lease during the first twelve months of the term hereof.
19. Non-Appropriation of Funds. Notwithstanding anything contained in this Lease to the contrary, in the event no funds or insufficient funds
are budgeted and appropriated or are otherwise unavailable by any means whatsoever for Rent due under the Lease with respect to a
Equipment Schedule in any fiscal period after the period in which the term of the lease with respect to such Equipment Schedule
commences, Lessee will immediately notify Lessor in writing of such occurrence and the Lessee's obligations under the Lease shall terminate
on the last day of the fiscal period for which appropriations have been received or made without penalty or expense to Lessee,except as to(1)
the portions of Rent for which funds shall have been budgeted and appropriated or are otherwise available and(ii)Lessee's other obligations
and liabilities under the Lease relating to the period,or accruing or arising,prior to such termination. In the event of such termination,Lessee
agrees to peaceably surrender possession of the Equipment to Lessor on the date of such termination in
the manner set forth in the Lease and Lessor will have all legal and equitable rights and remedies to take possession of the Equipment.
Notwithstanding the foregoing, Lessee agrees (i) that it will not cancel the Lease and the Lease shall not terminate under the provisions of
Page 3 of 4 MLSE0906
Page 50
this section if any funds are appropriated to it, or by it, for the acquisition, retention or operation of the Equipment or other equipment or
services performing functions similar to the functions of the Equipment for the fiscal period in which such termination would have otherwise
occurred or for the next succeeding fiscal period, and (u) that it will not during the Lease term give priority in the application of funds to any
other functionally similar equipment or to services performing functions similar to the functions of the Equipment, This section is not intended
to permit Lessee to terminate the Lease in order to purchase, lease, rent or otherwise acquire the use of any other equipment or services
performing functions similar to the functions of the Equipment,and if the Lease terminates pursuant to this section, Lessee agrees that prior
to the end of the fiscal period immediately following the fiscal period in which such termination occurs, it will not so purchase, lease, rent or
otherwise acquire the use of any such other equipment or services.
20. Binding Effect: Successors and Assigns. This lease and each Equipment Schedule and rider hereto shall be binding upon and shall
inure to the benefit of Lessor and Lessee and their respective successors and permitted assigns. All agreements and representations of
Lessee contained in this Lease or in any document delivered pursuant hereto or in connection herewith shall survive the execution and
delivery of this Lease and the expiration or other termination of this Lease.
21. Notices. Any notice,request or other communication to either party by the other shall be given in writing and shall be deemed received
only upon the earlier of receipt or three days after mailing if mailed postage prepaid by regular mail to Lessor or Lessee, as the case may be,
at the address for such party set forth in this agreement or at such changed address as may be subsequently submitted by written notice of
either party.
22. Governing Law. This Lease and each Equipment Schedule and rider hereto shall be governed by and construed in
accordance with the laws of the State of Washington. Venue shall be in the Superior Court for King County,Washington.
23. Severability. In the event any one or more of the provisions of this Lease or any Equipment Schedule or rider hereto shall for any
reason be prohibited or unenforceable in any jurisdiction,any such provision shall, as to such jurisdiction, be ineffective to the extent of such
prohibition or unenforceability without invalidating the remaining provisions hereof, any such prohibition or unenforceability in any jurisdiction
shall not invalidate or render unenforceable such provision in any other jurisdiction.
24. Counterparts. This Lease and each Equipment Schedule and rider hereto may be executed in any number of counterparts, and by
each party in separate counterparts,each of which shall be deemed an original,but all of which counterparts together shall constitute one and
the same agreement.
25. Statute of Limitations. Any action by Lessee against Lessor or Dealer for any breach or default under this Lease must be
commenced within one year after the cause of action accrues. For causes of action other than breach or default the statute of
limitations established for the State of Washington shall apply.
26. Entire Agreement. This Lease and all Equipment Schedules and riders hereto constitute the entire agreement between
Lessor and Lessee with respect to the subject matter hereof, and there are no agreements, representations, warranties, or
understandings with respect to such subject matter except as expresslyset forth herein and therein. No alternation or modification
of this Lease or any Equipment Schedule or rider hereto shall be effective unless it is in writing and signed by Lessor and Lessee.
IN WITNESS WHEREOF, Lessor and Lessee have caused this Lease to be executed on the date first above written.
CITY OF KENT as Lessee YAMAHAVOTOR CORPORATION U.S.A. as Lessor
B By:
Print Name: �'' ��N�i Print Name: Patrick Breene
Title: Title: Vice President
Page 4 of 4 MLSE0906
V,I��,AA�,i T--,
_ -- - - --- M- - — - --
Insurance Authority
1'.0. Box 88030
Tukwila, -WA 98138
�, 16-May-07 Ccrt#: 5000
Pho7te: 206-575-6046
Yamaha Commercial
Erzx: 206 575-7426
Attn: Customer Service
6555 Katella Ave
Cypress,CA 90630-5101
RE: City of Kent
Proof of Insurance related to lease#M04069388 Golf Carts
Evidence of Coverage
g
The above captioned entity is a member of the Washington Cities Insurance Authority
(WCIA),which is a self insured pool of over 123 municipal corporations in the State of
Washington.
WCIA has at least$1 million per occurrence combined single limit of liability coverage
in its sell`insured layer that may be applicable in the event an incident occurs that is
deemed to be attributed to the negligence of the member.
WCIA is an Interlocal Agreement among municipalities and liability is completely self
funded by the membership. As there is no insurance policy involved and WCIA is not
an insurance company,your organization cannot be named as an "additional insured'.
Sineciety,
I
Eric B.Larson
Deputy Director
I
cc: Christopher hills
cle[ter
i
Page 52
RISK MANAGEMENT DIVISION
Chris Hills, ARM-P, CRM
Risk Manager
;ENT
400 West Gowe
ent, WA
8032
K Fax:253856962270
WASNINGTON
OFFICE; 253-856-5285
August 31, 2007
Yamaha Motor Corporation, USA
Attn: Leasing Department
6555 Katella Ave.
Cypress, CA 90630
RE: Physical Damage Insurance for Lease of Golf Carts
You have requested evidence of the City of Kent's Physical Damage insurance coverage in
conjunction with the lease cited above. The City is a municipal corporation which fully self-
insures its Automobile Physical Damage loss exposures under the provisions of Chapter
48.62 of the Revised Code of Washington (RCW).
Questions regarding the City of Kent's insurance programs can be referred to the Risk
Management Division of the Employee Services Department at (253)856-5285.
Sincerely yours,
Christopher M. Hills, ARM-P, CRM
Risk Manager
Ln
City of Kent Employee Services Department
MAYOR SUZETTE COOKEa�e�rark ®acva �ac^r� _•ewe:., _x<"=•..^a••€ ca�.fug.iv.s. .ns�szch� �srasr.�s_r-ti.rr�a=�.eeJUt��ISC't}1�IIeC Or
EXHIBIT A Page 53
EQUIPMENT SCHEDULE# 90705
Dated 04/30/2008
1. This Schedule covers the following property("Equipment"):
50 YDRA,2 YDRA(MARSH) &2 G28A CARS
2. Location of Equipment:
RIVERBEND GOLF COMPLEX
2019 WEST MEEKER ST.
KENT,WA 98032
3. The Lease tern for the Equipment described herein shall commence on June 01,2008 and shall
consist of 40 months from the first day of the month following said date.
4. Rental payments on the Equipment shall be in the following amounts,payable on the following schedule:
28 MONTHLY PAYMENTS IN THE AMOUNT OF$5,568.48(APPLICABLE TAXES TO BE BILLED).
STARTING JUNE 2008 AND ENDING SEPTEMBER 2011. DUE THE 1ST DAY OF
THE MONTH AS FOLLOWS:
Jun-08$5,568.48 Mar-09$5,568 48 Mar-10$5,568 48 Mar-1 1$5,568.48
Jul-08$5,568.48 Apr-09$5,568.48 Apr-10$5,568.48 Apr-11$5,568.18
Aug-08$5,568 48 May-09$5,568AS May-10$5,568.48 May-11$5,568 48
Sep-08$5,568.48 Jun-09$5,568.48 Jun-10$5,568 48 3un-11$5,568 48
Oct-08$5,568.48 Jul-09$5,568.48 Jul-10$5,568.48 Jul-11$5,568.48
Aug-09$5,568.48 Aug-ID$5,568 48 Au9-11$5,568.48
Sep-09$5,568A8 Sep-10$5,568 48 Sep-11$5,568.48
Oct-09$5,568.48 Oct-10$5,568.48
5 Interest Factor: 5.24 %
6. This Equipment Schedule is entered into pusuant to Lessor's accepted bid under RFP
7 Other Terms:
Lessee agrees to reimburse Lessor, who shall pay any assessed property taxes due on the equipment leased
pursuant to Section 12 of the Master Lease Agreement.
Yamaha is not obligated to perform or provide any service,under any circumstances under the terms of the lease
agreement. Service is the responsibility of the Lessee. Failure by Lessee to maintain or service the equipment consistent
with the tenns of the Master Lease Agreement shall not relieve Lessee of the responsibilities under the Master Lease
Agreement.
This Equipment Schedule is issued pursuant to the Master Lease dated, April 12,2007 (the
"Lease"). All of the terms and conditions, representations and warranties of the Lease are hereby incorporated herein
and made a pant hereof as if they weie expressly set forth m this Equipment Schedule and this Equipment Schedule
constitutes a separate lease with respect to the Equipment described herein.
LESSEE: CITY OF RENT LESSOR: YAMAHA MOTOR CORPORATION, U.S.A.
Signature
Name: Name: Pat Breene
Type or Print
Vice President
Title: Title
YAMAHA MOTOR CORPORATION, U.S.A.
COMMERCIAL CUSTOMER FINANCE Page 54
6555 Katella Avenue, Cypress, CA 90630
(800) 551-2994, Fax (714) 761-7363
E-MAIL: LaTanya_Covington@Yamaha-Motor co
NAME OF INSURANCE AGENT: April 30,2008
ADDRESS
Please Reference our Quote# 90705
PHONE.
FAX
RE: RIVERBEND GOLF COMPLEX (Customer)Account#
Gentlemen:
The Customer has leased or will be leasing equipment from Yamaha.
The Customer is required to provide Yamaha with the following insurance coverage-
"All Risk" Property Insurance covering the property owned by or in which Yamaha has a security interest, in an
amount not less than the full replacement cost of the property, with Yamaha named as LOSS PAYEE.
Public Liability Insurance naming Yamaha as an ADDITIONAL INSURED with the proceeds to be payable first
on the Behalf of Yamaha to the extent of its liability, if any. The amount of the Public Liability Insurance shall
not be less than $1,000,000.00 combined single limit.
Each policy shall provide that: (i) Yamaha will be given not less than thirty (30) days prior written notice of cancellation
or non-renewal, (n) it is primary insurance and any other insurance covering Yamaha shall be secondary or excess of the
policy and (iii) in no event shall the policy be invalidated as against Yamaha or its assigns for any violation of any term
of the policy or the Customer's application therefore.
A Certificate evidencing such coverage should be mailed to Yamaha at the following address. t
Yamaha Motor Corporation, U.S.A.
Attn: Commercial Customer Finance
6555 Katella Ave
Cypress, CA 90630
Your Prompt attention will be appreciated. Very Truly Yours,
Equipment Covered:
CITY OF KENT
50 YDRA, 2 YDRA�MARSH)&2 G28A CARS (Name of Debtor/Lessee)
By.
Equipment Location: (Signature of Authorized Officer)
2019 WEST MEEKER ST.
KENT,WA 980.32 Title-
Page 55
CERTIFICATE OF ACCEPTANCE
This certificate is executed pursuant to Equipment Schedule No. 90705
dated April 30, 2005 to the Master Lease Agreement dated
April 12, 2007 between Yamaha Motor Corporation, U S.A.
(the"Lessor")and CITY OF KENT
(the"Lessee").
The Lessee hereby certifies that the Equipment set forth below, as also described In the above
Equipment Schedule, has been delivered and accepted by the Lessee on the Commencement Date
jshown below.
EQUIPMENT SERIAL
QUANTITY TYPEIMODEL NUMBER NEW/USED LOCATION
50 YDRA,2 YDRA(MARSH)&2 G28A See NEW RIVERBEND GOLF COMPLEX
Attachment 2019 WEST MEEKER ST.
KENT,WA 98032
ADDITIONAL CONDITIONS/SPECIAL TERMS
Please return this certificate as your acknowledgment of the above Commencement Date and acceptability
of the Equipment
CITY OF KENT
as Lessee
By
Name.
Title.
PLEASE SEND Y0URPAYMBNTSTO: YAMAHA MOTOR cORP, U.S/�
DvptoH|4oz2
Palatine, |L8on5s'0sos pooc 56
INVOICE NUMBER: MAN 987OG ~~
Date Prepared: 0413012008
CITY OFKENT
22O4TH AVENUE SOUTH N�
�m
KENT.VVA9nO32
�ueDuto Quo(oNo Description Amount Due
° ^^-1"
���' 2�RA(��� &2�� CAR36vM��/Loa� �
9070� ~~
Cars located at.R/VfR8BVD GOLF COMPLEX
0611/2008 Payment o5i508.48
Payment Tax $0\00
YOUR ACCOUNT BALANCE/S----------------- $5,508.48
Please return tie bottom portion with your remittance. Include the lease number on your check
FOR BIUJNGQWESUNS,CALL YA &AHA Commercial Customer Finance A31MQW1-290A
--------------------------------------------------------------
P-EAGESENDY{X]RFY\YMENTSlOr YAN|/\HA MOTOR CORP, U.G./\.
Dnpt.CH14O22
Palatine, |LGOO55'O58G
INVOICE NUMBER MAN 90705 U�
Date Prepared: 0413012000
Payment for:
CITY OFKENT N�
�m
3%O4TH AVENUE SOUTH
KENT.VVA8nO32
90705
Quote Number Amount Paid Date Paid Check Number
1� YAMAHA Page 57
Riverbend Gall Complex Initialed By.
AMORTIZATION SCHEDULE FOR MUNICIPALITY
LESSEE: Riverbend Golf Complex
EQUIPMENT SCHEDULE # 90705
Yield: 5.240%
Due
Mon# Date Payment Interest
1 06/01/08 5 568 48 898 78
2 07/01/08 5,56848 879 15
3 08101/OB 5 568 48 859.43
4 09/01/08 5 568 48 839 62
5 10/01/08 5,56848 819.74
6 11/01/08 000 79976
7 12/01/08 000 803 13
8 01/01109 000 80651
9 02/01/09 0 00 80990
10 03/01/09 5,56848 81330
11 04/01/09 5,56848 /93 31
12 05/01/09 5,568 48 77322
13 06/01/09 5,56848 75306
14 07/01/09 5,56848 73281
15 08/01/09 5.56843 71247
16 09/01/09 5 568 48 69205
17 10/01/09 5,56848 671 54
1 B 11/01109 0 OD 65095
19 12/01/09 0.00 65369
20 01/01/10 000 65643
21 02/01/10 000 65920
22 03/01/10 5,56848 66197
23 04/01/10 5,56848 641 33
24 05101/10 5,56848 62061
25 06/01/10 5.56848 599.80
26 07/01/10 5,56848 57891
27 08/01/10 5,56848 55793
28 09/01/10 5,56843 536.85
29 10/01/10 5,56846 515.69
30 1 1/01/10 000 49445
31 12/01/10 000 49652
32 01/01/11 000 49861
33 02/01/11 000 50071
34 03/01/11 5,56848 50282
35 04/01/11 556848 481 51
36 05/01/1 1 5,56848 460 12
37 06/01/11 5 568 48 43864
38 D7/01111 5,56848 41705
39 08/01/11 5 568 48 39540
40 09/01/11 5,56848 37364
Totals: 155,917 44 25,850.62
Kent City Council Meeting
Date May 27, 2008
Category Consent Calendar - 6
1. SUBJECT: FLEXPASS PROGRAM AGREEMENT 2008-2009 - AUTHORIZE
2. SUMMARY STATEMENT: As recommended by the Operations Committee,
authorize the Mayor to sign the FlexPass Program Agreement for 2008-2009. This
agreement is made between the City and King County, Sound Transit, and Pierce
Transit in order to provide a comprehensive transportation pass available to 327
regular benefited employees. The total cost of this agreement is $34,662.00.
3. EXHIBITS: Agreement
1 4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
5
EMPLOYEE SERVICES DEPARTMENT
Sue Viseth, Director
Phone: 253-856-5270
KEN T Fax: 253-856-6270
W A S H I N G T O N
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
May 20, 2008
TO: Operations Committee
THRU: Sue Viseth, Employee Services Director
FROM: Patrice Gillum, Benefits Analyst
SUBJECT: Flexpass Program Agreement 2008-2009
MOTION: I move to recommend that the FlexPass Program Agreement be
placed on the Consent Calendar for the June 03, 2008, City Council Meeting
authorizing the Mayor to sign a one year contract with King County Metro,
Sound Transit, and Pierce Transit for the FlexPass Program.
SUMMARY: The City contracts with King County, Sound Transit and Pierce Transit
for the sale of Flexpasses. The FlexPass Program allows for eligible Commute Trip
Reduction (CTR) affected employees to choose from a variety of non-SOV (Single
Occupancy Vehicle) commute options provided by King County Metro, Sound
Transit and Pierce Transit. The value of a pass is $4.75 of each one-way King
County Metro bus, Pierce County Transit or Sounder Rail fare. The pass will also
serve as a vanpool pass up to a face value of $75.00 per month.
EXHIBITS: FlexPass Program Agreement, FlexPass costing over past five years,
and Fact Sheet
RECOMMENDED BY: Employee Services Department
BUDGET IMPACT: Budgeted in the CTR budget
1
6
FlexPass Program Fact Sheet
Operations Committee
May 20, 2008
In 1991, the State Legislature passed the Commute Trip Reduction or CTR
law, which was incorporated into the Washington Clean Air Act. The goals of
the CTR program are to reduce traffic congestion, air pollution, and
petroleum consumption through employer-based programs.
Background on our City's CTR Program
• Counties that are affected by the CTR law and the cities within those
counties are required to provide support to local employers in
implementing CTR programs.
• The Public Works department is responsible for administering and
enforcing the City-wide program that is comprised of over 40
employers within the City limits
• Employee Services is responsible for administering our organizational
CTR program
• Our City ordinance requires that employers make a good faith effort to
comply with CTR goals
FlexPass Program History
• Each year we negotiate with King County Metro for renewal of our
FlexPass contract
In the past (prior to 2005), we negotiated a customized contract based
on a CTR survey of our affected employees
• In 2005, we implemented a 50% cost sharing program with our
employees who use a pass. The total cost was $54/pass. The
employee paid $28.50 per month and the City paid the other $28.50.
The City is required to pay the full amount to King county and then
receives the monies from the 50% cost sharing back into the CTR
Budget over time.
• In the 2007-2008 contract year, the CTR budget will have been
reimbursed approximately $26,810.00. The overall cost of the
FlexPass Contract for the 2007-2008 year was $28,350.00. When
taking the reimbursement into consideration, the net cost is
approximately $1,540.00.
Proposed Agreement for 2008-2009
• This year, King County Metro is again proposing the FlexPass program
since we have less than 499 affected employees--we currently have
327 affected employees, down from last year's 405.
• The cost of each pass in this proposed contract is $106/pass. This
pass will allow employees the following:
o to use regularly scheduled transit services on King County
Metro, Sound Transit and Pierce Transit.
o Up to $75.00 per month fare subsidy on regular Metro vanpools
7�
o Up to $20.00 per month fare subsidy on Metro's vanshare
service
o Home Free Guarantee emergency ride home service for the
eligible employees
o A pool of $4,905.00 towards the purchase of Commuter Bonus
Plus vouchers for employees who carpool, bicycle and walk to i
work
• Cost of the proposal: $34,662.00. On average, 63 employees r
signed up for a FlexPass in the 2007-2008 year. If this trend _
continues, and we continue our 50% cost sharing, they will each
reimburse the City 35.00/month (less than half of the $106. i
cost/month/employee). That reimbursement will be approximately
$2,234.16/month times 12 months=$26,810.00. $34,662.00 minus
$26,810.00 =a net cost to the City of $7,852.00
Labor agreements
• There is a Memo of Understanding between the City and the Teamsters
Local #117 that the Union reserves the right to bargain over any other
changes made to the current CTR program.
• In essence, the City is obligated to engage in the 50% cost sharing
whether it is via this FlexPass program or we purchase individual
passes for our Teamsters members to ride the Vanpools, train and/or r
buses. This can be more costly than the proposed flexpass agreement.
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9
AGREEMENT FOR SALE OF FLEXPASSES BETWEEN KING COUNTY,
SOUND TRANSIT, PIERCE COUNTY PUBLIC TRANSPORTATION
BENEFIT AREA CORPORATION 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"),Pierce County Public
Transportation Benefit Area Corporation(hereinafter PIERCE 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, SOUND TRANSIT and PIERCE 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 corTnnutmg to
its worksite.
D. 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 terns, conditions and covenants herein contained, the sufficiency of
which is hereby acknowledged, the pasties hereto agree to the following.
1 PURPOSE
I 1 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
2 1 Eligible Employees
Eligible Employees shall mean only those employees of the CITY who meet the following criteria.
All CTR-Affected City employees.
2.2 FlexPass Card
A FlexPass Card is a pass of predeteimmed 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 FlexPass Card shall bear the inscriptions "FlexPass",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. 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 prior
to the start of this Agreement FlexPass Cards shall be produced by TRANSPORTATION PARTIES or their
designated contractor. CITY shall pay the amount specified in Attachment A for production of FlexPass Cards.
FlexPass Card's are non-refundable by TRANSPORTATION PARTIES, except as set forth in Paragraph 8.2
Eligible Employees may be asked to present a valid CITY identification card when using a FlexPass.
2 3 Trip Revenue
In the event of a generally applicable fare increase adopted by KING COUNTY, SOUND TRANSIT or PIERCE
TRANSIT, the amounts shown in Attachment A may be increased at such time as a generally applicable fare
increase is implemented by KING COUNTY, SOUND TRANSIT of PIERCE TRANSIT, and CITY shall be
required to pay the amount of such increase to the appropriate TRANSPORTATION PARTY
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 A CITY shall not require Eligible Employees to contribute more than fifty percent(50%)of the cost of
an individual FlexPass Card, as set forth in Attachment A
L,tcxPass Agiccmcnt Page 1 of 10
City of Kcnt
July I,2008-June 30,2009
101
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
4.2 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 borne solely by CITY
4.3 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 made to the TRANSPORTATION PARTIES' representative,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.
4.4 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 it is
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/Sound Transit/Pierce Transit fare for each month remaining in this 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 registering 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 or 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 each TRANSPORTATION PARTY a copy of the roster.
4.7 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 B ,is deemed
mutually acceptable to both CITY and TRANSPORTATION PARTIES. Use Agreement Forms shall be kept on
file by CITY for the terin 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 retail value of a
combination King County/Sound Transit/Pierce Transit fare for each month remaining in this Agreement for each
FlexPass Card not returned to TRANSPORTATION PARTIES upon termination of this Agreement.
FlexPass Agicement Page 2 of 10
City of Kent
July 1,200S-June 30,2009
1]
4.9 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 and the number of bus trips taken by Eligible Employees. 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.
410 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 may be 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
4.11 Home Free Guarantee
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 C.
4.12 Vanpool Services
The amount of the vanpool fare subsidy for each Eligible Employee shall be stated in Attachment A If actual
vanpool fares incurred by an Eligible Employee exceed the amount of the subsidy specified in Attachment A, the
Eligible Employee shall pay the difference directly to the vanpool bookkeeper.
5 TRANSPORTATION PARTIES RESPONSIBILITIES
1 5 1 Transit Access
TRANSPORTATION PARTIES shall allow each CITY Eligible Employee displaying a valid FlexPass Card to ride
on all parts of its regular route transportation system without additional charge, for trips up to the value printed on
the card TRANSPORTATION PARTIES shall honor each FlexPass Card issued under this agreement up to the
expiration date on the Card of until this agreement is otherwise terminated 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,Mariners,Fourth of July, Tacoma Dome Station event parking, or other
special event service at the sole discretion of TRANSPORTATION PARTIES.
5 2 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 maybe issued temporary passes until TRANSPORTATION
PARTIES can nnanufacture 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 terns 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 of other suitable means in which to collect and measure the most current and accurate transit
ridership and conmlute data of CITY's Eligible Employees In addition,TRANSPORTATION PARTIES shall pay
for all costs incurred in processing this survey mstiunient, 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
FlexPass Agreement Page 3 of 10
City of Kcnl
July 1,2008-Juuc 30,2009
5 6 Home Free Guarantee 121
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 C. 1
5.7 Vanpool Services
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 minimum ridership requirements The FlexPass Card will be
honored as full or partial payment of vanpool fares, up to the amount specified in Attachment A
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 and PIERCE TRANSIT shall present an
invoice for amounts due to CITY's representative listed in Section 16. Payment shall be made in full by CITY
according to the terns listed on the invoice,unless a payment schedule is mutually agreed upon by both parties and
incorporated into this Agreement, in Attachment A. KING COUNTY shall invoice CITY for the amount(s)due for
SOUND TRANSIT for additional FlexPass Cards purchased by CITY.
6.2 Late Payment Penalty
If any scheduled payments are not made by their due date, then the entire amount due under this Agreement may
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 finds
(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
7.1 Term
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 terms set forth in Section 8. This Agreement shall take effect at 12.00 a.m on
Tuesday,July 01,2008 and shall expire at 11:59 p.m.on Tuesday,June 30,2009.
8. TERMINATION
8.1 Termination For Cause
Any party may termminate this Agreement in the event the other fails 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
8.2 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 be at the monthly rate set forth in Attachment A for
the full months remaining in the tern 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
9.1 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.
FlexPass Agreement Page 4 of 10
City of Kent
July 1,2008-June 30,2009
10 SUCCESSORS AND ASSIGNS 13
10.1 Written Approval
This Agreement and all terns,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
CITY and TRANSPORTATION PARTIES agree 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
11.2 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,riots,
insurrection, terrorism,acts of war,order of any court or civil authority, and strikes or other labor actions.
11 3 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
teturn of any F1exPass Caids or amount owing tinder this Agreement
12. APPLICABLE LAW,FORUM
12.1 Terns
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
unposed by state law In the event that any litigation maybe 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, SOUND TRANSIT's Executive
Director,PIERCE TRANSIT's Chief Executive Officer or then-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 clann 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 prior 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 patties agree to immediately attempt
to renegotiate such provision that is invalidated or superseded by such laws or regulations
F1cxPassAgiccment Page 5 of 10
City of Kent
July 1,2008-Junc 30,2009
16. CONTACT PERSONS 141
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.
#30748 CITY KING COUNTY, FLEXPASS CARD
ORDERS & RETURNS
Contact Name Patrice Gillum Jerry Waugh
Title Benefits Analyst Customer Services Coordinator
Address City of Kent King County Metro Transit
220 Fourth Avenue S 201 S. Jackson Street;MS KSC-TR-0412
Kent, WA 98032-5895 Seattle, WA 98104-3856
Telephone 253-856-5292 206-684-6778
Fax 253-856-6270 206-263-4809
E-Mail illum ci kent.wa us jerry.waugh@kingcounty gov
SOUND TRANSIT PIERCE TRANSIT
Contact Name Janine Sawyer Daphne Tackett
Title Project Assistant Public Affairs Manager
Address Sound Transit Pierce Transit
401 S Jackson Street PO Box 99070
Seattle, WA 98104-2826 Lakewood, WA 98496-0070
Telephone 206-398-5108 253-581-8037
Fax 206-398-5216 253-984-8227
E-Mail jamne sawyer(a),SOLtndtransit.org dtackettppiereetransit or
17 EXECUTION OF AGREEMENT
171 Definition
This Agreement shall be executed in four(4)counterparts, each one of which shall be regarded for all purposes as
one original. In Witness Whereof,the parties have executed this Agreement as of the date first written above
CITY KING COUNTY
BY BY
Suzette Cooke Darwin Campbell
Title: Mayor Title: Manager,Transit—Customer Services
Date: Date.
PIERCE TRANSIT SOUND TRANSIT
BY King County per Agent Agreement
BY
Daphne Tackett
Title Public Affairs Manager
Date:
FlexPass Agreement Page 6 of 10
City of Kent
July 1,2008-June 30,2009
15
FlexPass Agreement Attachment A -Agreement Costs
Employer City of Kent #30748 Start Date July 1, 2008
Area FlexPass zone South King; County Agreement Year #8
Quantity Rate ($/card) Cost
King County
• Transit access 327 $85.09 $27,824.43
• Home Free Guarantee
(Up to 8 rides/employee/agreement)
• Up to $75 per month per vanpooler
• Up to $20 per month for Vanshare
• FlexPass card administration
• Commuter Bonus Plus voucher pool 1 pool $4,905.00 Included
(327 FlexPass cards x $15.00
Total—King Count 327 $85.09 $27,824.43
Sound Transit 327 $19.70 $61441.90
• Transit access
Pierce Transit 327 $1.21 $395.67
• Local transit (bus) access
Total — FlexPass Agreement 327 $106.00 $34,662.00
Number of FlexPass Cards issued under this Agreement = 327
Payment Schedule = '/2 in 60 and 180 days.
Eligible Employee Contribution ($ per employee) 50% of pass cost.
in
Monthly Rate for Service for ONE Additional FlexPass Card = $7.36
Plus $2.60 per card for Card Production and Administration
(Note: Calculation for Service based on$88 40/12 months.
The Monthly rate does not include Commuter Bonus Plus vouchers.)
Allocation: King County = $5.62
Sound Transit = $1 64
Pierce Transit = $ .t 0
Card production and
Administrative Cost= $2.60
FlexPass Agreement Page 7 of 10
City of Kcut
July 1,2008-Junc 30,2009
161
FlexPass Agreement — Attachment B
Sample Employee Use Agreement Form
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 my employer.
2. 1 will use my FlexPass for my own transportation only. I will not transfer my FlexPass to
any other person.
3. I 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. A non-working FlexPass will be
replaced free of charge.
4. I will return my FlexPass upon request or when I leave my employment with this CITY. If I
do not return my FlexPass, I authorize the amount of$171.00, for each whole and partial
month remaining on the FlexPass, to be withheld from my paycheck.
5. 1 understand that the FlexPass card is valid for up to $75 per month on King County Metro
vanpools only. I am responsible for the balance of the vanpool fare each month, payable to
the vanpool bookkeeper, which is in excess of the $75 amount.
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 or Section
Transportation Coordinator Use Only - FlexPass returned:
Employee's Signature Date
FlexPass Serial #
FlexPass Agreement Page 8 Of 10
City of Kent
July I,2008-June 30,2009
17
FlexPass Agreement Attachment C — Home Free Guarantee
Home Free Guarantee(hereinafter, "HFG")is a KING COUNTY program that guarantees payment for taxi fares
incurred by Eligible Employees who meet the eligible criteria, as set forth below,and taken in accordance with the
terns set forth below.
C 1 DEFINITIONS
C 1 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
C.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 conunute mode is not available for the retain 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 acts 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.
C 1.3 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 aiianged ahead of tune.
C 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.
CA 5 Intermediate Stops
Intermediate stops are permitted only if they are of an emergency nature and are requested in advance by the
Eligible Employee and are authorized in advance of the HFG ride by the CITY's Program Coordinator(i.e pick up
a necessary prescription at a pharmacy,pick up a sick child at school)
C 2 CITY RESPONSIBILITIES
C 2 1 HFG Program Payment
CITY's payment for HFG services is accounted for in the base pace of the FlexPass Agreement, as indicated in
Attachment A.
C 2 2 Program Coordinator
CITY shall designate as many Program Coordinators as necessary to administer and perform the necessary HFG
program tasks as set forth in this Attachment.
C.2 3 Number Of HFG Rides Per Eligible Employee
CITY shall ensure that each Eligible Employee does not exceed eight(8)HFG odes per twelve(12)month period.
FlcxPass Agrccmcut Page 9 of 10
City of Kent
July 1,2008-June 30,2009
181
FlexPass Agreement Attachment C — Home Free Guarantee (continued)
C 3 HFG Program Tasks
C 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 available
to all Eligible Employees. Program Coordinator shall obtain the following information from the Eligible Employee,
and 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, obtain from the Eligible Employee a receipt of
the taxi trip.
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 will arrange taxi rides for the Eligible Employee
C 4 KING COUNTY RESPONSIBILITIES
C.4.1 Participating Taxi CITY(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 arising out of or in any way 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,riots, insurrection, accident, order of any court or civil authority, and strikes or other labor actions
CA 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)mules. CITY or Eligible
Employee taking the HFG ride shall pay any fare for a one-way distance in excess of sixty(60)miles KING
COUNTY shall not pay any taxi driver gratuity. Taxi driver gratuity will be at the sole discretion of CITY or the
Eligible Employee taking the HFG rude
C 4 3 Reporting
KING COUNTY shall keep a complete record of all authorized HFG ride requests and provide a copy of this record
to CITY's designated Contact Person if requested.
C 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 Page 10 of 10
City of Kent
iuly 1,2008-June 30,2009
Kent City Council Meeting
Date May 27, 2008
Category Consent Calendar - 7
1. SUBJECT: KING COUNTY SPECIAL PROPERTY TAX LEVY AGREEMENT -
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the King County
special property tax agreement for trail and open space projects, and approve the
expenditure of annual funds in the trails budget.
In November 2006, the County Executive created the Parks Futures Task Force to
recommend a funding plan for the current county park system, and to examine
what steps, if any, should be taken regarding future park system acquisitions.
The Task Force recommended that the county place before the voters a recom-
mendation for a new $0.05, six-year, inflation adjusted property tax lid lift to
expand park and recreation opportunities. One cent of the five-cent acquisition
levy proceeds would be distributed to cities for acquisition and development of
open space and natural lands, as well as city, county and regional trail projects.
The voters of King County approved the Special Property Tax Levy on August 21
2007. The amount to receive in 2008 is $162,761.37.
3. EXHIBITS: Agreement
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes No X
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
1
KING COUNTY & CITY OF KENT
SPECIAL PROPERTY TAX LEVY AGREEMENT
This Special Property Tax Levy Agreement (the "Agreement") is made and entered into
as of 2008, by and between KING COUNTY, a political subdivision of the
state of Washington (the "County") and the City of Kent, a State of Washington
municipal corporation. ("City").
RECITALS
WHEREAS, the County owns and operates a park system with over twenty-five thousand
(25,000) acres of regional parks and open spaces and over one hundred seventy-five
(175) miles of regional trails. In addition, the County is the provider of local parks in the
rural area and is the transitional provider of local parks in the urban incorporated areas;
and
WHEREAS, since 2003, on recommendation of the Metropolitan Parks Task Force and
direction from the County Executive and County Council, the County's Parks and
Recreation Division has focused on managing a system of regional parks, open spaces
and trails and a limited set of regional active recreation assets, and
WHEREAS, consistent with its role as a regional and local rural service provider under
Countywide Planning Policies and the State Growth Management Act, the County has
divested itself of local parks and facilities in urban unincorporated areas as these areas
incorporate or amlex to cities; and
WHEREAS, in November 2006, the County Executive created the Parks Futures Task
Force to recommend a funding plan for the current County park system, and to examine
what steps should be taken, if any, regarding future park system acquisitions; and
WHEREAS, the Task Force recommended, among other things, that the County place
before the voters a recommendation for a new $0.05, six-year, inflation adjusted property
tax lid lift to expand park and recreation opportunities, one cent of the five-cent
acquisition levy proceeds be distributed to cities for acquisition and development of open
space and natural lands and city trail projects that support connections to the regional trail
system, defined to include both county regional trails and city trails that are regional in
nature, and may specifically include local trails in underserved areas linking to city of
county trails that connect to regional trails; and
WHEREAS, under state law, the Special Property Tax Levy funds may not supplant
certain existing funds, as defined in RCW 84.55.050, used for the same purposes; and
1
WHEREAS, on May 7, 2007, the King County Council adopted Ordinance 15760 which
called for a special election in accordance with RCW 29A.04.321 to consider the Special
Property Tax Levy; and
WHEREAS, on August 21, 2007, the voters of King County approved the Special
Property Tax Levy;
NOW, THEREFORE, in consideration of the mutual promises and undertakings
hereinafter set forth and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
AGREEMENT
1. Definitions. As used in this Agreement, the following terms shall have the
following meanings:
1.1 "Annual Report" shall mean the annual report prepared by the City and
provided to the County amlually by May 1 beginning in 2009 setting forth a
summary of city projects for the preceding year, along with a complete
financial accounting for the use of County Levy Proceeds, and a listing of
all capital investments made at the City funded in whole or in part by
County Levy Proceeds, and for the 2000 annual report the City shall identify
the dollar amount of the City's Existing Funds,
1.2 City"City" shall mean the of Kent, State of Washington, and all of its
boards, commissions„departments, agencies and other subdivisions.
1.3 "Cityproceeds" shall mean tweet percent 20% of the total Count Lev
P Yp � ) Y Y
Proceeds collected by King County, specifically allocated by King County
Ordinance 15760-for.city projects.
1.4 "City projects" shall iflean the acquisition of open space and natural lands
and the acquisition and development of county regional trails or City trails
that are regional in nature, and may specifically include local trails in
underserved areas linking to city or county trails that connect to regional
trails, consistent with Ordinance 15760.
1.5 "County" shall mean King County, State of Washington, and all of its
boards, commissions, departments, agencies and other subdivisions.
1.6 "County Council" shall mean the County Council of King County, State of
Washington.
1.7 "County Levy" means the Open Space, Regional Trails, and Woodland Park
Zoo levy lid lift approved by the County voters on August 21, 2007.
2 �,
1.8 "County Levy Proceeds" shall mean the principal amount raised by the
County Levy, any interest earnings on the funds and the proceeds of any
interim financing.
1.9 "Executive" shall mean the King County Executive or his or her functional
successor.
1.10 "Existing funds" shall mean those funds, as defined by RCW 84.55.050,
from the City's actual operating expenditures for the calendar year 2007
used to fund City projects. Actual operating expenditures shall not include
lost federal funds, lost or expired state grants or loans, extraordinary events
not likely to re-occur, and major nonrecurring capital expenditures.
1.11 "Regional trail system" shall mean the system-wide non-motorized network
of designated off-road, shared-use paths, trails, or greenways for recreation
and regional mobility.
2. Term of Agreement. The term of this Agreement (the "Term") shall be for a period
commencing on the Effective Date (the "Commencement Date"), and expiring on
December 31, 2014 (the "Termination Date").
3. Receipt of County Levy Proceeds.
3.1 Generally. The County shall distribute the City's proportionate share of the
City Proceeds to the City pursuant to the schedule identified in Section 3.2
below; provided that, the County shall only have a duty to distribute the City
Proceeds in accordance with the requirements of King County Ordinance
15760.
3.2 Receipt and Distribution of Levy Proceeds.
3.2.1 Payment Schedule. Throughout the term of the Levy, the County
shall transfer the City Proceeds to the City on a monthly basis.
Annual amounts shall be adjusted as set forth in the Levy, but the
actual amounts transferred shall never exceed the City's
proportionate share of the City Proceeds actually received by the
County.
3.2.2 Administrative Fee. The Parties agree that the County has authority
to deduct up to one percent (1%) from City Proceeds for
expenditures related to the administration of the distribution of
County Levy Proceeds.
3
4.1 Use of County Levy Proceeds. On or before May I of each year throughout
the Term of this Agreement, the City shall provide the County with a copy
of the Annual Report and provide any further documentation showing that
the County Levy Proceeds were expended on City Projects.
4.2 Representations and Warranties. The City represents and warrants that all
City Proceeds received by the City shall be used only for specific City
Projects as defined in this Agreement and that such fiends shall not be used
to supplant Existing Funding. The City represents and warrants that all City
Projects shall be consistent with the requirements in King County Ordinance
15760. The City represents and warrants that in addition to the City's
proportionate share of the City's Proceeds, the City shall annually expend on
City Projects an amount equal to the City's Existing Funds.
5. Title to Improvements. All appurtenances, fixtures, improvements, equipment,
additions and other property attached to or installed in the Premises during the Term
shall be and remain the properties of City and shall not be deemed property of the
County under any circumstances.
6. Notices. All notices required to be given hereunder shall be in writing and either
delivered personally or sent by certified mail-to the appropriate address listed
below, or at such other address as shall be-provided by written notice. Notice shall
be deemed communicated two City business days from the time of mailing if
mailed as provided in this section. For convenience of the parties, copies of notices
may also be given be other means; however, neither party may give official or
binding notice except by personal delivery or by certified mail.
If to the City:
Jeff Watling, Director
City of Kent Parks, Recreation, & Community Services Department
220 4"' Ave South -
Kent, Washington 98032-5895
Fax: 253-856-6050
If to King County:
Kevin Brown, Division Director
King County Parks and Recreation Division
Department of Natural Resources and Parks
201 South Jackson, Suite 700
Seattle, WA 98104
7.1 Compliance with Laws. The City shall comply and conform with all applicable
laws and all governmental regulations, rules and orders.
4
7.2 City Agreement to Repay. The City agrees that it is financially responsible for and
shall repay King County all indicated amounts following an audit exception that
occurs due to the negligence, intentional act, and/or failure, for any reason, to
comply with the terms of this Agreement by the City, its officers, employees,
agents, and/or representatives. This duty to repay King County shall not be
diminished or extinguished by the prior termination of the Agreement pursuant to
the Duration of Agreement or the Termination Sections.
8. Miscellaneous.
8.1 Liability of the County. The County's obligations to the City under this
Agreement shall be limited to the terms and conditions set forth herein.
Notwithstanding any other provision in this Agreement to the contrary, in no
event shall the County be liable, regardless of whether any claim is based on
contract or tort, for any special, consequential, indirect or incidental
damages, including without limitation lost profits, arising out of or in
connection with this Agreement or the services performed in connection
with this Agreement.
8.2 Dispute Resolution. In the event of a dispute between the City and the
County regarding any tern of this Agreement, the parties shall attempt to
resolve the matter informally through the following mechanism: the City
(reps.) or their respective designee(s), shall meet with County (reps) or their
respective designee(s) to review and discuss the matter(s) in dispute; if the
City (reps) and County (reps) are unable to reach a mutual resolution, the
Executive and the mayor, or their respective designee(s) shall meet to
review and discuss the matter(s) in dispute. If such persons are unable to
resolve the matter informally, either party may submit the matter to a non-
binding, structured mediation procedure fashioned by persons or
organizations experienced in alternative dispute resolution ("ADR")
procedures. The mediation may be requested by any party and shall be
initiated within thirty (30) days from the date of the request unless extended
by agreement of both parties. The alternative dispute resolution procedures
utilized for the mediation shall include the exchange of written claims and
responses,with supporting information, at least seven (7) days prior to the
actual mediation. The positions expressed and mediator's recommendations
shall not be admissible as evidence in any subsequent ADR or legal
proceeding. If the matter is submitted to mediation and the matter is not
resolved, an affected party shall be entitled to pursue any legal remedy
available.
5
8.3 No Implied Waiver. No failure by either party hereto to insist upon the
strict performance of any obligation of the other party under this Agreement
or to exercise any right, power or remedy arising out of a breach thereof,
irrespective of the length of time for which such failure continues (except in
cases where this Agreement expressly limits the time for exercising rights or
remedies arising out of a breach), shall constitute a waiver of such breach or
of that party's right to demand strict compliance such teen, covenant or
condition or operate as a surrender of this Agreement. No waiver of any
default or the performance of any provision hereof shall affect any other
default or performance, or cover any other period of time, other than the
default, performance or period of time specified in such express waiver.
One or more written waivers of a default or the performance of any
provision hereof shall not be deemed to be a waiver of a subsequent default
or performance. The consent of either party hereto given in any instance
under the terms of this Agreement shall not relieve the other party of any
obligation to secure the consent of the other party in any other or future
instance under the terms of this Agreement.
8.4 Headings and Subheadings. The captions preceding the articles and sections
of this Agreement and iri�the table of contents have been inserted for
convenience of reference and such-captions in no way define or limit the
scope or intent of any provision of this Agreement.
8.5 Successors and Assiglis. The terms,-covenants and conditions contained in
this Agreement shall bind and inure to the benefit of the County and the City
and, except as otherwise provided herein, their personal representatives and
successors and assig-ns. There are no third party beneficiaries to this
Agreement,
8.6 Agreement made in Washington. This Agreement shall be deemed to be
made in and shall be construed in accordance with the laws of the State of
Washington. Venue of any action brought by one party against the other to
enforce or arising out of this Agreement shall be in King County Superior
Court.
8.7 Integrated Agreement; Modification. This Agreement contains all the
agreements of the parties hereto relating to the subject matter addressed
herein, and cannot be amended or modified except by a written agreement
approved by the King County Council and mutually executed between each
of the parties hereto.
8.8 Counterparts. This Agreement may be executed in two or more ,
counterparts, each of which shall be deemed an original, but all of which
taken together shall constitute one and the same instrument.
6
8.9 Time of Essence. Time is of the essence of each provision of this
Agreement
9.0 Si na e. For each capital project funded with County Levy Proceeds, the
City shall recognize the contribution on a sign posted on the project site.
The City shall recognize the fiinding contribution in printed materials where
applicable with the following or similar language: This project was funded
(or as applicable, fiinded in part) with proceeds from the Open Space,
Regional Trails, and Woodland Park Zoo levy lid lift approved by King
County voters in August 2007 under an Agreement with King County Parks
and Recreation Division.
DATED this day of
KING COUNTY, a Washington municipal CITY OF Kent, a Washington municipal
corporation corporation
By By
Its Its
By authority of Ordinance No. 15760
7
Kent City Council Meeting
Date May 27, 2008
Category Other Business - 1
1. SUBJECT: TOWN SQUARE PLAZA, PUGET SOUND ENERGY COVENANT -
APPROVE
2. SUMMARY STATEMENT: On July 21, 2006, the City entered into a
Mechanical Rooms and Related Easement Agreement with Springboard Holdings,
LLC wherein Springboard agreed to dedicate an easement on Puget Sound
Energy's standard form to bring utilities to the mechanical chase/restroom
required for the City's Town Square Plaza project. The easement is required to
run underground power lines across a portion of the Springboard property
between 2nd Avenue and Town Square Plaza. This easement is to be in favor of
Puget Sound Energy and not the City of Kent.
As Council is aware, the City is entangled in two lawsuits regarding Springboard's
failed construction project. While Springboard is contractually bound to execute
the easement with Puget Sound Energy, its principal, has refused to sign the
easement. The City has discussed the matter with Puget Sound Energy and has
agreed to indemnify Puget Sound Energy from and against any damages it may
incur if it would agree, in the City's reliance on Springboard's contractual
obligation and the City's indemnity, to run the necessary utilities.
G' m
3. EXHIBITS: Covenant
4. RECOMMENDED BY: City Attorney
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
C-�)It4J�--moves,Councilmember Councilmember l seconds
to authorize the Mayor to sign a covenant with Puget Sound Energy, indemnifying
it against any damages it may incur caused by extending underground power
lines to the City's mechanical chase/restroom building for its Town Square Plaza
project, subject to approval of final terms and conditions by the CityAttorney.
DISCUSSIONS
' /1
ACTION:
When Recorded Return To:
Property Manager
Public Works Department
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Grantor/Declarant: City of Kent, a Washington Municipal Corporation
Grantee: Puget Sound Energy, a Washington Corporation
Reference No.: N/A
Abbreviated Legal Description:
Full Legal Description Contained in Exhibit A to this
document
Assessor's Tax Parcel No.: 9825700445
COVENANT OF INDEMNIFICATION
RECITALS:
A. The City of Kent ("City"), Grantor/Declarant, has constructed a public
restroom and utility room facility to serve a newly constructed park in downtown Kent.
B. Puget Sound Energy ("PSE"), Grantee, is the utility provider to provide utility
/ power to this City facility.
C. In order to provide power and energize the City building, PSE must construct
and install certain conduits, lines, etc,, from the nearest available power source to the site
of the City building.
D. A section of these conduits, lines, etc., necessarily cross under real property
that is subject to an easement agreement between the City and the owner of that other real
property, Springboard Holdings, Inc. ("Springboard").
E. Subject to the terms of that easement agreement, Springboard contractually
guaranteed that it would execute an easement to allow PSE to extend power across this
property on PSE's standard form easement once the City constructed this building.
COVENANT OF INDEMNIFICATION - 1
F. For reasons beyond the City or PSE's control, Springboard has refused to
execute this easement with PSE, even though Springboard is contractually bound to sign the
standard form PSE easement.
G. In order to provide adequate assurance to PSE that it can extend power and
energize the City's building despite Springboard's refusal to sign the easement, the City and
PSE have agreed to enter into this Covenant of Indemnification.
COVENANT OF INDEMNIFICATION:
Grantor/Declarant City hereby declares and agrees as follows:
1. The foregoing recitals are incorporated into this covenant as if fully set forth
herein.
2. Grantor/Declarant is the owner of the real property situated in Kent, King
County, Washington, that is described in Exhibit A, attached and incorporated into this
document by this reference.
3. Grantor/Declarant agrees to defend, indemnify, and hold PSE harmless from
any and all claims, injuries, damages, losses, or suits, including all legal costs and attorney
fees, arising out of or in connection with the City's authorization to extend the PSE facilities
necessary to energize the City's utility building, but only to the extent of the City's negligent
or willful misconduct in its performance of this agreement.
4. As further consideration for PSE's extension of power to the City's utility
building, the City will install permanent concrete markers along PSE's power line (offset to a
safe distance), or such other type of marker acceptable to PSE at its sole discretion, that will
clearly indicate the power line feeding the transformer that serves the City's utility building.
5. This Covenant of Indemnification shall be a perpetual covenant running with
the Exhibit A property and shall be binding upon the City's successors and assigns;
however, this Covenant of Indemnification shall immediately terminate when the current or
future owner of the Springboard property executes an easement in a form satisfactory to
PSE that authorizes the electrical facilities contemplated in this covenant to be constructed,
installed, energized and maintained across the Springboard property.
DATED this day of , 2008.
GRANTOR/DECLARANT: GRANTEE:
City of Kent Puget Sound Energy
By: By:
Print Name: Suzette Cooke Print Name:
Title: Mayor Title:
COVENANT OF INDEMNIFICATION - 2
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she is authorized to execute the instrument on behalf of the
City of Kent as its Mayor, and such execution to be the free and voluntary act of such party
for the uses and purposes mentioned in the foregoing instrument.
-Notary Seal Must Appear W/th/n This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person
acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to
execute the instrument on behalf of Puget Sound Energy as its
, and such execution to be the free and
voluntary act of such party for the uses and purposes mentioned in the foregoing instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
COVENANT OF INDEMNIFICATION - 3
i
Exhibit A
Legal Description
YESLER'S FIRST ADDITION TO TOWN OF KENT PORTIONS OF LOTS 7 THRU 14 AND
VACATED ALLEY ADJOINING AS VACATED UNDER CITY OF KENT ORDINANCE 3764 ALL IN
BLK 7 DAF: BEGINNING AT SE CORNER OF LOT 11 SAID BLK 7 TH S89-40-49W ALONG S
LINE OF SAID BLK 7 DISTANCE OF 182.02 FT TH N00-23-27W 168.35 FT TH N89-36-33E
143.79 FT TH N00-23-27W 30.25 FT TH N89-36-33E 15.83 FT TH N00-23-27W 37.29 FT TO
S MARGIN OF THAT TRACT OF LAND RESERVED BY CITY OF KENT FOR SMITH ST TH N89-
36-33E ALONG SAID S LINE 13.00 FT TO ANGLE POINT IN SAID S LINE TH S40-57-43E
ALONG SAID S LINE 26.38 FT TO E LINE OF SAID BLK 7 TH 501-39-56W ALONG SAID E
LINE 216.22 FT TO POB (AKA "NEW LOT D" AS DESCRIBED & DELINEATED PER CITY OF
KENT LOT LINE ADJUSTMENT NO LL-2005-37 RECORDING NO 20060110002592)
COVENANT OF INDEMNIFICATION - 4