HomeMy WebLinkAboutCity Council Committees - Operations Committee - 05/20/2008
Operations Committee Agenda
Councilmembers: Debbie Raplee*Les Thomas*Tim Clark, Chair
Unless otherwise noted, the Operations Committee meets at 4:00 p.m. on the 1st and 3rd
Tuesdays of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South,
Kent, 98032-5895. Dates and times are subject to change. For information please contact
Renee Cameron at (253) 856-5770.
Any person requiring a disability accommodation should contact the City Clerk’s
Office at (253) 856-5725 in advance.
For TDD relay service call the Washington Telecommunications Relay Service at 1-
800-833-6388.
May 20, 2008
4:00 p.m.
ItemDescription Action Speaker Time Page
1. Approval of minutes YES 1
dated May 6, 2008
2. Approval of vouchers dated YES Bob Nachlinger
May 15, 2008
3. Flexpass Program Agreement 2008-2009 YES Patrice Gillum 05 Min. 5
4. King County Special Property YES Lori Flemm 05 Min. 19
Tax Levy Agreement
This page intentionally left blank
1
2
3
4
EMPLOYEE SERVICES DEPARTMENT
Sue Viseth, Director
Phone: 253-856-5270
Fax: 253-856-6270
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
5
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
6
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
work
• Cost of the proposal: $34,662.00. On average, 63 employees
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.
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
buses. This can be more costly than the proposed flexpass agreement.
7
Fl
e
x
P
a
s
s
H
i
s
t
o
r
y
20
0
3
-
P
r
e
s
e
n
t
20
0
3
-
2
0
0
4
20
0
4
-
2
0
0
5
20
0
5
-
2
0
0
6
20
0
6
-
2
0
0
7
20
0
7
-
2
0
0
8
20
0
8
-
2
0
0
9
Pr
o
p
o
s
a
l
#
o
f
a
f
f
e
c
t
e
d
em
p
l
o
y
e
e
s
44
2
39
3
39
3
40
7
40
5
32
7
#
o
f
p
a
s
s
e
s
i
s
s
u
e
d
54
49
60
a
v
e
r
a
g
e
61
63
A
v
e
r
a
g
e
6
3
Va
n
p
o
o
l
pa
r
t
i
c
i
p
a
n
t
s
15
14
21
21
6
6
Bu
s
R
i
d
e
r
s
3
3
557
9
Ra
i
l
U
s
e
r
s
24
23
34
34
43
48
Bu
s
/
R
a
i
l
U
s
e
r
s
12
9
556
5
To
t
a
l
c
o
s
t
o
f
co
n
t
r
a
c
t
$
3
9
,
7
2
7
.
0
0
$
2
4
,
4
9
5
.
0
0
25
,
9
0
1
.
0
0
+
12
,
0
0
0
=
$3
7
,
9
0
1
28
,
0
8
3
.
0
0
+
14
,
2
0
0
=
$4
2
,
2
8
3
$2
8
,
3
5
0
.
0
0
$3
4
,
6
6
2
.
0
0
$1
2
,
0
0
0
ad
d
i
t
i
o
n
a
l
va
n
p
o
o
l
$1
4
,
2
0
0
ad
d
i
t
i
o
n
a
l
va
n
p
o
o
l
Em
p
l
o
y
e
e
C
o
s
t
sh
a
r
i
n
g
5
4
x
3
1
.
5
0
x
12
=
$
2
0
,
4
1
2
49
x
3
1
.
5
0
x
12
=
$
1
8
,
5
2
2
$2
1
,
4
1
5
.
2
5
$2
5
,
7
8
3
.
5
0
$2
6
,
8
1
0
.
0
0
26
,
8
1
0
.
0
0
Ne
t
c
o
s
t
t
o
C
i
t
y
$
1
9
,
3
1
5
.
0
0
$
5
,
9
7
3
.
0
0
$
1
6
,
4
8
5
.
7
5
$1
6
,
4
9
9
.
5
0
$1
,
5
4
0
.
0
0
$7
,
8
5
2
.
0
0
8
FlexPass Agreement
City of Kent
July 1, 2008 - June 30, 2009
Page 1 of 10
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 commuting 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 terms, conditions and covenants herein contained, the sufficiency of
which is hereby acknowledged, the parties hereto agree to the following.
1. PURPOSE
1.1 Purpose
This Agreement establishes a cooperative arrangement between TRANSPORTATION PARTIES and CITY for sale
and distribution of FlexPasses 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 predetermined duration, usually twelve (12) months, that allows each Eligible
Employee, as defined in Paragraph 2.1, to choose from a variety of non-SOV commute options provided by CITY
or TRANSPORTATION PARTIES. Each 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 or 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.
9
FlexPass Agreement
City of Kent
July 1, 2008 - June 30, 2009
Page 2 of 10
4. CITY RESPONSIBILITIES
4.1 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.
4.5 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.
4.6 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 term of this Agreement.
4.8 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.
10
FlexPass Agreement
City of Kent
July 1, 2008 - June 30, 2009
Page 3 of 10
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.
4.10 FlexPass Program Evaluation
CITY shall participate in any TRANSPORTATION PARTIES’ evaluation of the FlexPass program, should such an
evaluation be deemed necessary by any of the TRANSPORTATION PARTIES. Evaluation 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
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 or 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 may be issued temporary passes until TRANSPORTATION
PARTIES can manufacture and deliver replacement FlexPass Cards. TRANSPORTATION PARTIES shall replace
a lost or stolen FlexPass Card only once at a charge of $50 per replacement card.
5.4 Confiscation of FlexPass Cards
In addition to any other rights under law, TRANSPORTATION PARTIES reserve the right to cancel and confiscate
a FlexPass Card which is used out of date, altered, duplicated, counterfeited, transferred or distributed to
unauthorized persons or otherwise invalid under the terms of this Agreement.
5.5 Collection Of Transit Ridership Data
TRANSPORTATION PARTIES shall provide to CITY, at no additional cost to CITY, a mutually agreed upon
survey instrument or other suitable means in which to collect and measure the most current and accurate transit
ridership and commute data of CITY’s Eligible Employees. In addition, TRANSPORTATION PARTIES shall pay
for all costs incurred in processing this survey instrument, but not costs incurred by CITY in distributing to and
collecting from Eligible Employees, this survey instrument. TRANSPORTATION PARTIES shall make available
to CITY, all data collected from CITY’s Eligible Employees.
11
FlexPass Agreement
City of Kent
July 1, 2008 - June 30, 2009
Page 4 of 10
5.6 Home Free Guarantee
KING COUNTY 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.
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 terms 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 funds
(NSF) in CITY’s checking account, then CITY shall be assessed a $25 (twenty-five) penalty by the
TRANSPORTATION PARTY receiving the NSF check.
7. TERM OF AGREEMENT
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 terminate 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 term of the Agreement.
If CITY has accrued additional financial obligations to any TRANSPORTATION PARTY as a result of the
provisions of this Agreement, either prior to termination or as a result of termination, CITY agrees to pay any
outstanding amount due to the TRANSPORTATION PARTY. The TRANSPORTATION PARTY shall invoice
CITY for the amount due according to the procedures outlined in Section 6.
9. RECORDS
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.
12
FlexPass Agreement
City of Kent
July 1, 2008 - June 30, 2009
Page 5 of 10
10. SUCCESSORS AND ASSIGNS
10.1 Written Approval
This Agreement and all terms, provisions, conditions and covenants hereof shall be binding upon the parties hereto
and their respective successors and assigns. All parties, however, agree that they will not assign or delegate the
duties to be performed under this Agreement without prior, written approval from the other parties.
11. LEGAL RELATIONS
11.1 No Partnership And No Third Party Beneficiaries
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
return of any FlexPass Cards or amount owing under this Agreement.
12. APPLICABLE LAW, FORUM
12.1 Terms
This Agreement shall be governed by and construed according to the laws of the State of Washington. Nothing in
this Agreement shall be construed as altering or diminishing the rights or responsibilities of the parties as granted or
imposed by state law. In the event that any litigation may be filed between the parties regarding this Agreement,
CITY and TRANSPORTATION PARTIES agree that personal jurisdiction and venue shall rest in the Superior
Court of the county where the TRANSPORTATION PARTY pursuing the action resides.
13. DISPUTES
13.1 Dispute Resolution Procedure
All claims or disputes arising out of or relating to this Agreement shall be referred to a panel consisting of CITY’s
Benefits Manager, KING COUNTY’s General Manager, Transit Division, SOUND TRANSIT’s Executive
Director, PIERCE TRANSIT’s Chief Executive Officer or their designees.
If this panel is unable to reach a mutually acceptable resolution, it shall appoint another person to serve as mediator
in the effort to resolve the claim or dispute. Such mediation shall be required before an action may be filed to
adjudicate the claim or dispute in a court of law.
14. ENTIRE AGREEMENT AND AMENDMENT
14.1 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.
14.2 Amendments And Modifications
This Agreement may be amended or modified only by written instrument signed by the parties hereto.
15. SAVINGS
15.1 Definition
Should any provision of this Agreement be deemed invalid or inconsistent with any federal, state or local law or
regulation, the remaining provisions shall continue in full force and effect. All parties agree to immediately attempt
to renegotiate such provision that is invalidated or superseded by such laws or regulations.
13
FlexPass Agreement
City of Kent
July 1, 2008 - June 30, 2009
Page 6 of 10
16. CONTACT PERSONS
16.1 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 pgillum@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 janine.sawyer@soundtransit.org dtackett@piercetransit.org
17. EXECUTION OF AGREEMENT
17.1 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
BY
Suzette Cooke
Title: Mayor
Date:
KING COUNTY
BY
Darwin Campbell
Title: Manager, Transit – Customer Services
Date:
PIERCE TRANSIT
BY
Daphne Tackett
Title: Public Affairs Manager
Date:
SOUND TRANSIT
BY King County per Agent Agreement
14
FlexPass Agreement
City of Kent
July 1, 2008 - June 30, 2009
Page 7 of 10
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
• 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
327
$85.09
$27,824.43
• Commuter Bonus Plus voucher pool
(327 FlexPass cards x $15.00)
1 pool $4,905.00 Included
Total – King County 327 $85.09 $27,824.43
Sound Transit
• Transit access
327 $19.70 $6,441.90
Pierce Transit
• Local transit (bus) access
327 $1.21 $395.67
Total – FlexPass Agreement 327 $106.00 $34,662.00
Number of FlexPass Cards issued under this Agreement = 327
Payment Schedule = ½ in 60 and 180 days.
Eligible Employee Contribution ($ per employee) = 50% of pass cost.
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 = $ .10
Card production and
Administrative Cost = $2.60
15
FlexPass Agreement
City of Kent
July 1, 2008 - June 30, 2009
Page 8 of 10
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. I 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. I 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 #
16
FlexPass Agreement
City of Kent
July 1, 2008 - June 30, 2009
Page 9 of 10
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
terms 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 commute mode is not available for the return commute
to the starting place of their commute. Unexpected means the employee learns of the schedule change that
day.
c. Missing the employee’s normal return commute to the starting place of their commute for reasons, other
than weather or 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 arranged ahead of time.
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.
C.1.5 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 price 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 rides per twelve (12) month period.
17
FlexPass Agreement
City of Kent
July 1, 2008 - June 30, 2009
Page 10 of 10
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.
C.4.2 Payment Of Authorized HFG Taxi Fares
KING COUNTY shall pay the metered fare amount of a CITY’s Program Coordinator-authorized HFG ride, as
defined in the DEFINITIONS section above, for a one-way distance of up to sixty (60) miles. 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 ride.
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.
18
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
Fax: 253-856-6050
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
May 20, 2008
TO: Kent City Council Operations Committee
FROM: Lori Flemm, Superintendent of Parks and Open Space
THROUGH: Jeff Watling, Director of Parks, Recreation & Community Services
SUBJECT: King County Special Property Tax Levy Agreement – Authorize
MOTION: Move to recommend Council 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, subject
to final terms and conditions acceptable to the City Attorney.
SUMMARY: 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
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 would be distributed to cities for acquisition and development of open
space and natural lands. It would also fund 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. This may specifically include local
trails in underserved areas linking to city or county trails that connect to regional
trails.
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.
EXHIBITS: King County Special Property Tax Levy Agreement
BUDGET IMPACT: Unbudgeted $162,761.37 impacts revenue account no.
P20019.53701 and expense account P20019.
19
This page intentionally left blank
20
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 annex 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
21
2
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 annually 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 2009 annual report the City shall identify
the dollar amount of the City's Existing Funds.
1.2 “City” shall mean the City of Kent, State of Washington, and all of its
boards, commissions, departments, agencies and other subdivisions.
1.3 "City proceeds" shall mean twenty percent (20%) of the total County Levy
Proceeds collected by King County, specifically allocated by King County
Ordinance 15760 for city projects.
1.4 "City projects" shall mean 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.
22
3
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.
23
4
4.1 Use of County Levy Proceeds. On or before May 1 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 funds 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 4th 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.
24
5
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 term 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.
25
6
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 term, 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 in 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 Assigns. 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 assigns. 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.
26
7
8.9 Time of Essence. Time is of the essence of each provision of this
Agreement.
9.0 Signage. 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 funding contribution in printed materials where
applicable with the following or similar language: This project was funded
(or as applicable, funded 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
corporation
By _________________________________
Its _________________________________
By authority of Ordinance No. 15760
CITY OF Kent, a Washington municipal
corporation
By _________________________________
Its _________________________________
27