HomeMy WebLinkAboutCity Council Committees - Kent City Council - 10/08/2019 (2)
KENT CITY COUNCIL
COMMITTEE OF THE WHOLE
Tuesday, October 8, 2019
4:00 PM
Chambers
Mayor, Dana Ralph
Council President, Bill Boyce
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Satwinder Kaur Councilmember Marli Larimer
Councilmember Les Thomas Councilmember Toni Troutner
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1. CALL TO ORDER
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. DEPARTMENT PRESENTATIONS
A. Approval of Minutes - Final Action to Approve
i. Economic and Community Development Committee - CC ECDC Regular
Meeting - Sep 9, 2019 5:00 PM
ii. Operations Committee - CC Ops Regular Meeting - Sep 17, 2019 4:00
PM
iii. Parks and Human Services Committee - CC Parks Regular Meeting -
Aug 15, 2019 5:00 PM
iv. Public Safety Committee - CC PS Regular Meeting - Sep 10, 2019 4:30
PM
v. Public Works Committee - CC PW Regular Meeting - Sep 16, 2019 4:00
PM
B. Payment of Bills
C. Ordinance Eliminating References to Council Committees from the Kent
City Code
D. Bill of Sale to Clear Title at 303 West Meeker Street
E. 2019 Court Commissioner - Temporary Limited Term Position
F. Interlocal Agreement with WSDOT for SR 509 Gateway Project
G. Veterans Drive Extension PSRC Grant Acceptance
H. WSDOT Reimbursement Agreement for South 224th
Committee of the Whole Committee of the Whole -
Regular Meeting
October 8, 2019
I. USGS Joint Funding Agreement
J. Information Only - 2019-2021 Department of Ecology Stormwater
Capacity Acceptance and NPDES Update
5. ADJOURNMENT
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
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 7-1-1.
Page 1 of 3
Pending Approval
Economic and Community
Development Committee
CC ECDC Regular Meeting
Minutes
September 9, 2019
Date: September 9, 2019
Time: 5:00 p.m.
Place: Centennial Center - North
Attending: Bill Boyce, Committee Chair
Satwinder Kaur, Councilmember
Marli Larimer, Councilmember
Agenda:
1. Call to Order 5:00 p.m.
2. Roll Call
Attendee Name Title Status Arrived
Bill Boyce Committee Chair Present
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Remote
3. Changes to the Agenda
4. Approval of the Minutes
1. Approval of Minutes dated July 8, 2019
MOTION: Move to approve the Minutes dated July 8, 2019
RESULT: APPROVED [UNANIMOUS]
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Kaur, Larimer
5. Economic Development Activity Update
Bill Ellis provided an update on the Naden Avenue property sale progress.
The tiny sliver owned by PSE has been secured, and it is looking very
promising that Kent will eventually have a Hilton Garden Inn as the
Gateway to its historic downtown and largest entertainment district. Staff
in ECD and PW are busy working to finalize the details of easements
needed to provide the right in/right out access requested by Braintree
with WSDOT.
6. Ordinance Adopting 2018 Docketed Comprehensive Plan
Amendments – Adopt
Each year members of the public have an opportunity to submit applications
4.A.1
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Economic and Community Development
Committee CC ECDC Regular Meeting
Minutes
September 9, 2019
Kent, Washington
Page 2 of 3
for amendments to the comprehensive plan and development regulations.
State law requires that amendments to the comprehensive plan only be
made once a year and be considered all at once, so that the cumulative
effects of changes can be considered and so the City can offer the public
predictability in how/when changes are made.
3 applications were received this year one was withdrawn, and city staff
proposed one amendment, to resolve an and inadvertent split designation on
a single parcel, which could impact the owner's ability to plan for
redevelopment. However, after contact with the current owners it was
learned that they had no interest in resolving the split designation at this
time.
The two proposed amendments, have been reviewed by staff who have
recommended their adoption as proposed:
1) Military Road, 24700 Military Road, from Commercial (C) to Mixed Use (MU).
2) 104th Ave. 24518 104th Ave SE, from Single Family (Sf-8) to Mixed Use (MU).
Public Feedback was scant, related mainly to wanting more details, to
express concern about trees and habitat, traffic impacts, or to express that
low-income housing would not be desirable.
MOTION: Adopt Ordinance No. 4335, approving 2018 docketed
comprehensive plan amendments CPA-2018-5, as proposed by the
applicant, and CPA-2018-2, as modified by staff-proposed alternative
Option 2, as presented by staff.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 10/1/2019
7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Boyce, Kaur, Larimer
7. Rally the Valley Update
Five meetings of the Rally the Valley Advisory Panel have been held, and the
final meeting is set for later this month. The advisory panel weighed in on
the strategic framework and provided guidance for staff in developing well-
defined strategic issues and realistic, achievable goals. The advisory panel
has also helped to advise the project team in developing specific strategies to
achieve each of the goals, including financial tools, potential improvements to
the public realm, design requirements and aesthetics, and zoning for
industrial uses.
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Economic and Community Development
Committee CC ECDC Regular Meeting
Minutes
September 9, 2019
Kent, Washington
Page 3 of 3
At the final meeting staff will present high-level recommendations for
strategies to address strategic issues and achieve established goals.
Strategies will focus on financial tools, a framework for public realm
improvements, design and aesthetics, and diversifying uses in Kent’s
industrial valley. They will include recommended changes to the City’s
zoning code and development standards, which will ultimately replace the
interim zoning ordinance currently in place.
8. E2SHB 1923 Housing Plan Commerce Grant
City staff are considering ways to take advantage of a new funding
opportunity available from the state. E2SHB 1923 was passed and will
provide up to $5 million to increase residential building capacity in
communities throughout Washington. The goal of proposed projects “must be
to encourage construction of additional affordable and market rate housing in
a greater variety of housing types and at prices that are accessible to a
greater variety of incomes, including strategies aimed at the for -profit single-
family home market.” As a larger city feeling the squeeze of its adjacency to
the largest city and facing some of the same issues around affordability for
residents and those who might wish to be residents because they work here,
Kent could be in a good position to compete for these funds.
There may also be opportunities to partner with neighboring communities
and explore cross jurisdictional proposals that could compete for a larger
portion of the funds. Staff will report back to council on what they will
propose to do with the funds, and whether the application is made alone or
as part of a coalition with neighboring communities.
9. Adjournment 5:52 p.m.
Rhonda Bylin
Committee Secretary
4.A.1
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Pending Approval
Operations Committee
CC Ops Regular Meeting
Minutes
September 17, 2019
Date: September 17, 2019
Time: 4:02 p.m.
Place: Crystal Mountain Hall at Kent
Commons
Attending: Les Thomas, Committee Chair
Bill Boyce, Councilmember
Dennis Higgins, Councilmember
Agenda:
1. Call to Order 4:02 p.m.
2. Roll Call
Attendee Name Title Status Arrived
Les Thomas Committee Chair Present
Bill Boyce Councilmember Present
Dennis Higgins Councilmember Present
3. Changes to the Agenda
There were no changes to the agenda.
4. Approval of Minutes dated August 20, 2019
MOTION: Move to approve the Minutes dated August 20, 2019
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Councilmember
SECONDER: Dennis Higgins, Councilmember
AYES: Thomas, Boyce, Higgins
5. Approval of Check Summary Reports Dated 8/1/2019 - 8/15/2019
and 8/16/2019 - 8/31/2019
MOTION: Move to approve the check summary report dated August 1
through August 15, 2019 and August 16 through August 31, 2019.
RESULT: APPROVED [UNANIMOUS]
MOVER: Dennis Higgins, Councilmember
SECONDER: Bill Boyce, Councilmember
AYES: Thomas, Boyce, Higgins
6. July Financial Report
Interim Financial Planning Manager Michelle Ferguson presented the monthly
financial report. Revenues are expected to end the year approximately $3.2
4.A.2
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Operations Committee CC Ops Regular Meeting
Minutes
September 17, 2019
Kent, Washington
Page 2 of 2
million higher than budgeted. Revenues are increasing due to sales tax
revenue coming in very strong. All departments are remaining fairly close to
budget with an overall budget variance of $952 thousand. The police
department will likely go over budget due to overtime but we will continue to
monitor that.
7. 2nd Quarter Investment Report
Cash and Investment Officer Joe Bartlemay presented the second quarter
cash and investment report. Year-to-date investment interest revenue is
$2,533,776.05. PFM initiated five investment trades in the 2nd quarter. The
City is currently carrying greater than adequate liquidity in cash and the
LGIP. Portfolio allocations at 6/30/2019 were in compliance with the City's
investment policy.
8. HB 1406 Sales & Use Tax for Affordable Housing Resolution of Intent
Merina Hanson presented a request to recommend Council adopt a resolution
declaring its intent to authorize a sales and use tax for affordable and
supportive housing in accordance with Substitute House Bill 1406. SHB 1406
creates a revenue sharing program for local governments which authorizes a
local sales and use tax credit. The tax will be credited against state sales
taxes collected within the City, meaning that taxes collected are, in effect,
shifted from the state to the City, and no additional taxes are paid by
consumers. In order to secure the additional funding provided by the
program, the City Council must first pass a resolution by January 27, 2020,
declaring its intent to adopt legislation to authorize the maximum capacity of
the tax. The City is not required to decide how the funds will be used at this
time, but the City Council must pass legislation imposing the tax by July 27,
2020. If adopted, the tax credit would be effective for up to 20 years.
MOTION:
Recommend council adopt a resolution declaring its intent to authorize a
sales and use tax for affordable and supportive housing in accordance with
Substitute House Bill 1406.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 10/1/2019
7:00 PM
MOVER: Bill Boyce, Councilmember
SECONDER: Dennis Higgins, Councilmember
AYES: Thomas, Boyce, Higgins
9. Adjournment 4:25 p.m.
Cathie Everett
Committee Secretary
4.A.2
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Pending Approval
Parks and Human Services
Committee
CC Parks Regular Meeting
Minutes
August 15, 2019
Date: August 15, 2019
Time: 5:00 p.m.
Place: Chambers East
Attending: Brenda Fincher, Committee Chair
Satwinder Kaur, Councilmember
Marli Larimer, Councilmember
Agenda:
1. Call to Order 5:00 p.m.
2. Roll Call
Attendee Name Title Status Arrived
Brenda Fincher Committee Chair Present
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present
3. Changes to the Agenda
4. Approval of Minutes dated July 18, 2019
MOTION: Move to approve the Minutes dated July 18, 2019
RESULT: APPROVED [UNANIMOUS]
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Fincher, Kaur, Larimer
5. Perkins Building Lease Agreement for City Storage - Authorize
MOTION: Authorize the Mayor to sign a Lease Agreement with
Charlie Perkins for property located at 715 West Smith Street to be
used as a City storage facility, subject to final terms and conditions
acceptable to the Parks Director and City Attorney.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 8/20/2019
7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer
6. Kent Meridian Pool Lease Termination - Authorize
MOTION: Authorize the Mayor give notice required by the Lease
Agreement to terminate the City’s lease with the Kent School District
4.A.3
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Parks and Human Services Committee CC Parks
Regular Meeting
Minutes
August 15, 2019
Kent, Washington
Page 2 of 3
for the Kent Meridian Pool, and authorize the Mayor to sign all
documents necessary to transfer titled ownership of the pool to the
Kent School District for its continued operation or demolition as the
lease agreement provides and the School District determines is
appropriate, subject to final terms and conditions acceptable to the
Parks Director and City Attorney.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 8/20/2019
7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Fincher, Kaur, Larimer
7. “Lannoye” Property Surplus and Restrictive Covenant Removal –
Informational Only
Deputy Director Brian Levenhagen Shared a PowerPoint presentation with the
Committee.
The Committee took no actions.
8. Kronisch Property Surplus - West Hill Water Tank – Informational
Only
Drew Holcomb from Public Works shared a PowerPoint presentation with the
Committee providing history and decisions that led to the site for the future
West Hill Water Tank.
The Committee took no actions.
9. 2018 Human Services Investment Impact - Informational Only
Human Services Manager Merina Hansen presented a PowerPoint
presentation outlining the agencies they provide funding to as well as
projects along with outcomes and impact to the Kent community. Hardcopy
of the presentation given to Committee members.
The Committee took no actions.
10. House Bill 1406 Update – Informational Only
Human Services Manager Merina Hansen presented a PowerPoint highlights
of HB 1406 with the Committee.
11. Director’s Report – Informational Only
Kent Art Commission wrapped up Town Park Summer Concert Series and one
left at Lake Meridian and two left at Kent Station. Spotlight Series to begin
and Parks Recreation Guide is out.
12. Adjournment p.m.
4.A.3
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Parks and Human Services Committee CC Parks
Regular Meeting
Minutes
August 15, 2019
Kent, Washington
Page 3 of 3
Ronald Lashley
Committee Secretary
4.A.3
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Pending Approval
Public Safety Committee
CC PS Regular Meeting Minutes
September 10, 2019
Date: September 10, 2019
Time: 4:33 p.m.
Place: Centennial Center - North
Attending: Toni Troutner, Committee Chair
Bill Boyce, Councilmember
Les Thomas, Councilmember
Agenda:
1. Call to Order 4:33 p.m.
2. Roll Call
Attendee Name Title Status Arrived
Toni Troutner Committee Chair Present
Bill Boyce Councilmember Present
Les Thomas Councilmember Present
3. Changes to the Agenda
No changes to the agenda.
4. Approval of Minutes dated August 13, 2019
MOTION: Move to approve the Minutes dated August 13, 2019
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Councilmember
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Boyce, Thomas
5. Chief's Update
Chief Padilla spoke on the following subjects:
~Code Enforcement
*As of August Code Enforcement has moved to the Police
Department from Economic Development
* 79 Cases in first 8 months of the year
-Complaints come in and 85% of them are resolved with just
a letter or contact, the rest become cases
*You can report online at www.kentwa.gov/CodeEnforcement or
call 253-856-5909
~School has started up again
*Drive Slow - speed limits in school zones are 20mph
*School Zone Cameras
*Rules for Passing Buses
4.A.4
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Public Safety Committee CC PS Regular Meeting
Minutes
September 10, 2019
Kent, Washington
Page 2 of 3
- You can pass if:
° You are going the opposite direction and you have a
roadway that is 3 or more lanes
° If you are going the opposite direction and there is a
barrier between the lanes of travel
~Red Light cameras are fully operational and in enforcement mode
*Strobe lights may go off at other times than violations
- When the system does a self-diagnostic test
- 2nd photo taken only if the system detects a violation
- Touching the stop line will not get you a violation
*Committee Chair Troutner asked how long it takes to get the
violation in the mail
- Generally within 10 business days
~DUI Court 1st graduate on August 28 in this new 2 year program - Sara
Watson, Prosecutor guest speaker
*Candidate completed:
- 155 random drug tests - all were negative
- Attended 192 Sober Support meetings
- 30 probation appointments
- 36 court hearings
- Over 100 hours of Community Service
- 761 days of sobriety
- 1 year intensive outpatient program
- Victim's Panel
- 5 homework assignments
- Maintained his employment as a CAN
- Purchased an adult-family home
- Zero violations
*2nd graduate September 4
*More graduates coming up
*33 active participants in the program
*Council President Boyce asked what happens after graduation
- Their case is closed but not expunged from record - this is a
post-conviction program
*Committee Chair Troutner spoke about the success stories this
DUI Court has created.
~Mosaic Hills Community BBQ 8/31. Have been reaching out to this area
to reduce crime and it has significantly helped. Partnered w/Pastor Boles
to reach out starting with a series of Community Walks to find out what
the needs are. Over 200 people attended along with food, music, YMCA,
Kent Police Department, Puget Sound Regional Fire Authority, Kent Parks
Department, Federal Government with information on jobs, Free
Backpacks, and a Mobile Barber Shop.
~Coffee w/the Chief 9/5 at the McDonald's by Kent Meridian on 256th.
4.A.4
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Public Safety Committee CC PS Regular Meeting
Minutes
September 10, 2019
Kent, Washington
Page 3 of 3
*Discussions included:
- Homeless Issues
- Speeding
- Parking
- Police Department Needs
*Credit to Chief Thomas for putting a sub-station there as it has
helped reduce crime.
6. Adjournment 4:53 p.m.
Jalene King
Committee Secretary
4.A.4
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Pending Approval
Public Works Committee
CC PW Regular Meeting
Minutes
September 16, 2019
Date: September 16, 2019
Time: 4:05 p.m.
Place: Centennial Center, South
Attending: Dennis Higgins, Chair
Brenda Fincher, Councilmember
Toni Troutner, Councilmember
Agenda:
1. Call to Order 4:05 p.m.
2. Roll Call
Attendee Name Title Status Arrived
Dennis Higgins Chair Present
Brenda Fincher Councilmember Present
Toni Troutner Councilmember Present
3. Changes to the Agenda
4. Approval of Minutes dated August 19, 2019
The minutes were approved as read.
MOTION: Move to approve the Minutes dated August 19, 2019
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
5. Puget Sound Energy Schedule 74 Underground Conversion Project
Construction Agreement – Fourth Avenue and Willis Roundabout –
Authorize
Engineer, Thomas Leyrer noted that under this Schedule 74 Underground
Conversion agreement, Puget Sound Energy (PSE) will underground existing
overhead power in the vicinity of the Willis Street and 4th Avenue South
intersection. Work will be done after the completion of the City's joint utility
trench construction project.
MOTION: Authorize the Mayor to sign a Schedule 74 Underground
Conversion Construction Agreement with Puget Sound Energy in an
amount not to exceed $ 112,430. to underground existing overhead
power in the vicinity of the Willis Street and 4th Avenue South
4.A.5
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Public Works Committee CC PW Regular Meeting
Minutes
September 16, 2019
Kent, Washington
Page 2 of 5
intersection, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 10/1/2019
7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
6. Consultant Services Agreement with KPG, P.S. for the Fourth and
Willis Roundabout Drainage and Landscape Design – Authorize
Engineer, Thomas Leyrer noted that under this consultant agreement, KPG
will prepare drainage, landscaping plans, specifications and cost estimates for
the Willis Street and 4th Avenue South roundabout project.
MOTION: Authorize the Mayor to sign a Consultant Services
Agreement with KPG, Inc, in an amount not to exceed $78,801. for
drainage and landscape design for the Willis Street and 4th Avenue
South roundabout project, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 10/1/2019
7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
7. Quit Claim Deed and Temporary Construction Easement between the
City of Kent and the Central Puget Sound Regional Transit Authority –
Authorize
Deputy Director / City Engineer, Chad Bieren noted that an offer was made
to Sound Transit under threat of condemnation, to compensate the City $300
for the fee acquisition and temporary construction easement combined.
MOTION: Authorize the Mayor to sign a quit claim deed to Sound
Transit for a 186 square-foot portion of King County Tax Parcel No.
282204-9017, and a temporary construction easement on the same
parcel that will remain in effect until December 31, 2024.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 10/1/2019
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Higgins, Fincher, Troutner
8. Surplus and Disposal of Materials (Public Utility funds – Water Dept.)
4.A.5
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Public Works Committee CC PW Regular Meeting
Minutes
September 16, 2019
Kent, Washington
Page 3 of 5
Fleet Manager, Ron Green noted that RCW 35.94.040 requires that the city
council hold a public hearing and adopt a resolution to declare public utility
equipment as surplus and to establish the condition for disposition of the
equipment that best meets the public interest.
MOTION: Recommend Council move to set October 15, 2019 as the
public hearing date to consider declaring certain public utility
equipment and materials as surplus.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 10/15/2019
7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
9. Easement for Puget Sound Energy - 640 Pressure Zone North Pump
Station No. 1 – Authorize
Engineering Project Coordinator, Bryan Bond noted that the construction of
the 640 Pressure Zone North Pump Station requires that a PSE owned power
transformer be installed on City owned property to provide power to the new
North Pump Station. PSE requires an easement from the City for the
transformer installation and maintenance.
MOTION: Authorize the Mayor to sign all documents necessary to
provide Puget Sound Energy an easement for power service on parcel
No. 1722059184 for the 640 Pressure Zone North Pump Station;
subject to the final terms and conditions acceptable to the City
Attorney and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 10/1/2019
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Higgins, Fincher, Troutner
10. Commercial Electric Facilities Contract with Puget Sound Energy
Power Service Upgrade for 640 Pressure Zone Pump Station –
Authorize
Engineering Project Coordinator, Bryan Bond noted that the construction of
the 640 Pressure Zone Pump Station No. 1, PSE owned power transformer be
installed on City owned property to provide power to the new North Pump
Station. PSE is the service provider for electricity. Three-phase power is
needed to operate the pumps at the City of Ken's Pump Station which will
service the new 640 Pressure Zone. There is currently no three-phase power
along 112th Ave SE or SE 236th Pl. PSE will complete necessary.
MOTION: Authorize the Mayor to sign a Commercial Electric Facilities
4.A.5
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Public Works Committee CC PW Regular Meeting
Minutes
September 16, 2019
Kent, Washington
Page 4 of 5
Contract with Puget Sound Energy in an amount not to exceed
$139,242.77, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 10/1/2019
7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
11. Solid Waste Management Local Solid Waste Financial Assistance
Agreement with State of Washington Department of Ecology –
Authorize
Conservation Coordinator, Tony Donati noted that the Solid Waste
Management grant pays 75% of the total eligible cost which for Kent is
$45,803.00, the City will be responsible for a 25% match of $15,267.67.
MOTION: Authorize the Mayor to sign the Department of Ecology
Local Solid Waste Financial Assistance Agreement Grant in the
amount not to exceed $61,070.67, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 10/1/2019
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Higgins, Fincher, Troutner
12. Information Only - TeamUp2CleanUp – Saturday, September 21
Conservation Coordinator, Tony Donati reminded committee members that
the TeamUp2CleanUp event is scheduled for Saturday, September 21, 2019
at 9:00 a.m. to Noon on the East Hill at the Golden Steer Restaurant and
8:00 a.m. to Noon downtown at Kherson Park. Tony thanked all the sponsors
that help to make this cleanup event a success.
13. Information Only - 2020 Overlay
Staff presented the proposed pavement preservation work plan for year
2020.
14. Information Only - Linda Heights Sewer Re-Lining Update
Sewer Field Supervisor, Rob Lovell gave an informative presentation showing
what the Cured in Place Pipe (CIPP) project entailed.
15. Information Only - Quiet Zone Update
Transportation Engineer, Rob Brown gave a brief update on the status of the
Quiet Zone.
4.A.5
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Public Works Committee CC PW Regular Meeting
Minutes
September 16, 2019
Kent, Washington
Page 5 of 5
Cheryl Viseth
Committee Secretary
4.A.5
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FINANCE DEPARTMENT
Paula Painter, Finance Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5264
DATE: October 8, 2019
TO: Kent City Council
SUBJECT: Payment of Bills
MOTION: Approve the payment of bills
4.B
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OFFICE OF THE CITY ATTORNEY
Pat Fitzpatrick, City Attorney
220 Fourth Avenue South
Kent, WA 98032
253-856-5770
DATE: October 8, 2019
TO: Kent City Council
SUBJECT: Ordinance Eliminating References to Council Committees
from the Kent City Code
MOTION: Adopt Ordinance No. ____, amending the Kent City Code by
eliminating references to the Operations Committee and the Public Safety
Committee.
SUMMARY: Decades ago, the Kent City Council created various three-member
committees, including the Economic and Community Development Committee, the
Operations Committee, the Parks Committee, the Public Safety Committee, and the
Public Works Committee.
Over time, references to some of the council committees have been added to the
Kent City Code for the purposes of appointing councilmembers to serve on various
boards, committees and commissions.
On September 17, 2019, the Kent City Council eliminated the various three-
member council committees, and in their place, created a committee called the
Committee of the Whole which is made up of the full membership of the Kent City
Council.
This house-keeping ordinance eliminates the references to the Operations
Committee that currently appear in Kent City Code sections 2.54.020 relating to the
Lodging Tax Advisory Committee, 2.59.020 relating to the Regional Fire Authority,
3.02.080 relating to the City Investment Policy, and 3.03.010 relating to the
Payment of Claims, Demands and Vouchers. It also eliminates a reference to the
Public Safety committee in KCC 2.59.020 relating to the Regional Fire Authority.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government
ATTACHMENTS:
1. Ordinance to Change Committee References (PDF)
4.C
Packet Pg. 20
Ordinance Eliminating References to
Council Committees from Kent City Code
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending sections
2.54.020, 2.59.020, 3.02.080 and 3.03.010 of the
Kent City Code relating to eliminate references to
the operations committee.
RECITALS
A. Decades ago, the Kent City Council created various three-
member committees, including the Economic and Community Development
Committee, the Operations Committee, the Parks Committee, the Public
Safety Committee, and the Public Works Committee.
B. Over time, references to some of the council committees have
been added to the Kent City Code for the purposes of appointing
councilmembers to serve on various boards, committees and commissions.
C. On September 17, 2019, the Kent City Council eliminated the
various three-member council committees, and in their place, created a
committee called the Committee of the Whole which is made up of the full
membership of the Kent City Council.
D. This ordinance eliminates the references to the Operations
Committee that currently appear in Kent City Code sections 2.54.020
relating to the Lodging Tax Advisory Committee, 2.59.020 relating to the
Regional Fire Authority, 3.02.080 relating to the City Investment Policy,
4.C.a
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Ordinance Eliminating References to
Council Committees from Kent City Code
and 3.03.010 relating to the Payment of Claims, demands and Vouchers.
It also eliminates a reference to the Public Safety committee in KCC
2.59.020 relating to the Regional Fire Authority.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Amendment – KCC 2.54.020. Section 2.54.020 of
the Kent City Code entitled “Membership,” is hereby amended as follows:
Sec. 2.54.020 Membership.
The lodging tax advisory committee shall consist of nine members as
follows:
A. Four members appointed by the city council who are
representatives of businesses required to collect tax under Chapter 67.28
RCW;
B. Four members appointed by the city council who are persons
involved in activities authorized to be funded by revenue received under
Chapter 67.28 RCW; and
C. The council president shall appoint a member of council’s operations
committee the council to serve as a member of and to chair the lodging
tax advisory committee.
SECTION 2. – Amendment – KCC 2.59.020. Section 2.59.020 of
the Kent City Code entitled “Governing board appointment,” is hereby
amended as follows:
Sec. 2.59.020 Governing board appointment.
The council president shall appoint three (3) members of the Kent city
council to serve as the city of Kent’s representatives on the governing
4.C.a
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Ordinance Eliminating References to
Council Committees from Kent City Code
board. All council members are eligible to serve on the governing board,
but at least (1) governing board member must be a current member of the
council’s public safety committee and one (1) governing board member
must be a current member of the council’s operations committee.
SECTION 3. – Amendment – KCC 3.02.080. Section 3.02.080 of
the Kent City Code entitled “Performance standards, reporting
requirements, and advisory investment committee,” is hereby amended as
follows:
Sec. 3.02.080 Performance standards, reporting
requirements, and advisory investment committee.
A. Performance standards. The city’s investment portfolio will be
designed to obtain a market average rate of return during budgetary and
economic cycles, taking into account the city’s investment risk constraints
and cash flow needs. Appropriate benchmarks shall be established against
which portfolio performance shall be compared on a regular basis. The
benchmarks shall be reflective of the actual securities being purchased
and a comparison to the LGIP earnings rate should be completed on a
regular basis.
B. Advisory investment committee. An investment committee will be
established consisting of the mayor (or designee), finance director, the
public works director, and a member of the council operations committee,
who shall be appointed by the mayor to serve a two-year term, which
term shall run concurrently with the term of the council president, except
to the extent interim appointments become necessary. The committee will
meet quarterly and will be established to serve in a general review and
advisory capacity, taking into account the city’s investment objectives,
available funds and current market conditions. The committee will review
periodic reports which may include, but are not limited to: market value of
4.C.a
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Ordinance Eliminating References to
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the portfolio, percentages by type and institution, average life of the
portfolio, expected cash flows, and average rate of return.
SECTION 4. – Amendment – KCC 3.03.010. Section 3.03.010 of
the Kent City Code entitled “City auditing officer,” is hereby amended as
follows:
Sec. 3.03.010 City auditing officer.
The operations committee, or its authorized council president, or his or her
designee, shall serve as the city auditing officer and shall act as auditor for
the city for all claims, demands and vouchers presented to the city council
for approval. Such claims, demands, and vouchers shall be prepared for
audit and payment on a form providing for the authentication and
certification by the auditing officer that the materials have been furnished,
the services rendered or the labor performed as described, and the claim,
demand, or voucher is a just, true, and unpaid obligation against the city.
SECTION 5. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 6. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 7. – Effective Date. This ordinance shall take effect and
be in force 30 days from and after its passage, as provided by law.
4.C.a
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Ordinance Eliminating References to
Council Committees from Kent City Code
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
4.C.a
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ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
Kurt Hanson, Economic and Community Development Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5454
DATE: October 8, 2019
TO: Kent City Council
SUBJECT: Bill of Sale to Clear Title at 303 West Meeker Street
MOTION: Authorize the Mayor to execute a Bill of Sale for improvements at
303 West Meeker Street to Southworth Properties, LLC., together with all
other necessary documents, subject to final terms and conditions
acceptable to the City Attorney.
SUMMARY: Many years ago, the City temporarily used the buildings generally
located at 303 West Meeker Street for police and fire training exercises. As part of
the arrangement for use of the buildings, the property owner purported to gift to
the City, through a Bill of Sale, all of its legal interest in the buildings, fixtures, and
improvements.
The City has maintained its position over the years that it has no ownership interest
in the property, since the Bill of Sale from the previous owner was ineffectual and
unnecessary. However, to ensure that any issues of legal title in the property are
cleared from public record, the City should execute a “remedial” Bill of Sale in favor
of the current owner that clearly asserts the City’s position that it has no legal
ownership in the property, and dismisses any interest it may have acquired
unintentionally.
The proposed Bill of Sale and associated Real Estate Excise Tax Affidavit would
remove any ambiguity regarding ownership of the buildings, and allows the most
recent purchaser of the property, Southworth Properties, to move forward with its
plans for redevelopment.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City
ATTACHMENTS:
1. Bill of Sale - Kent to Southworth Properties (PDF)
4.D
Packet Pg. 26
BILL OF SALE - Page 1 of 4
WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
ATTN: Property Services
Grantor: City of Kent
Grantee: _Southworth Properties, LLC___
Abbreviated Legal Description: 303 West Meeker Street
Assessor’s Legal Description: YESLER'S FIRST ADDITION TO TOWN OF KENT E__
HALF OF LOTS 9 AND 12 AND ALL OF LOTS 10 AND 13 BLK 5
Previous Bill of Sale Legal Description: LOTS 10 AND 11, BLOCK 5, YESLER’S
FIRST ADDITION TO THE TOWN OF KENT, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 5 OF PLATS, PAGE 62, KING COUNTY, WASHINGTON
Assessor's Tax Parcel ID No.: 982570-0285-05; 982570-0285-96
BILL OF SALE
In February of 2006, Second Avenue Real Estate LLC and PBB Real Estate LLC,
through their authorized member, Benjamin G. Porter, purported to gift to the City of
Kent, through a Bill of Sale, all of Second Avenue’s “right, title, and interest in and to all
buildings, fixtures, and improvements located on and above the land with the addresses
of 301 West Gowe Street, 111 North Second Avenue, and 304 West Harrison Street,
Kent, Washington.” In the Bill of Sale, the improvements are said to be located upon
land legally described as “Lots 10 and 11, Block 5, Yesler’s First Addition to the Town of
Kent, according to the plat thereof recorded in Volume 5 of Plats, Page 62, King
4.D.a
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BILL OF SALE - Page 2 of 4
County, Washington.” A copy of this Bill of Sale is attached as Exhibit A. The buildings,
fixtures, and improvements described above and in Exhibit A are hereafter referred to
as the “Property.”
While it is the City’s position that it has no ownership interest in the property, to
ensure that any issues of legal title in the Property are cleared from public record,
effective _____, 2019, the City of Kent (“Grantor”) hereby quit claims, transfers
and conveys any and all right, title, and interest in the Property that it may own as a
result of the Bill of Sale that became effective on February 8, 2006, between Second
Avenue Real Estate, LLC and the City of Kent to Southworth Properties, LLC
(“Grantee”).
This Bill of Sale shall be devoid of any and all warranties, guarantees, and
assurances whatsoever with regards to the ownership or condition of the Property. By
signing this Bill of Sale, Grantee acknowledges there are no warranties, guarantees,
and assurances whatsoever with regards to the ownership or condition of the Property
created by this Bill of Sale, waives any and all claims, whether known or unknown, that
it may have against Grantor relating to the Property, and will indemnify and defend
Grantor in any and all actions or claims against Grantor with regards to this Bill of Sale.
4.D.a
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BILL OF SALE - Page 3 of 4
GRANTOR:
________________________________
By:
Title:
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I 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 and acknowledged it to be (his/her) free and voluntary
act for the uses and purposes mentioned in the instrument.
Dated:
APPROVED AS TO FORM:
Name:
Kent City Attorney
-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.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
4.D.a
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BILL OF SALE - Page 4 of 4
GRANTEE:
________________________________
By:
Title:
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I 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 and acknowledged it to be (his/her) free and voluntary
act for the uses and purposes mentioned in the instrument.
Dated:
-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.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
4.D.a
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^ ¡,*.ffi*:i'lslsi ".ibil?rál,"i4iti <.¡¡ ì¡.¿È ör ¡x,t r ¡ s. i¡i?
ll{
KNOW ALL PFBS0NS BY Tr-$E iRESE{r8 rhr c&crivd Fti-hll¡y t';;2s06.,ii,,,
sc€e{rú ¡ttur¡ã nÊd Eúú0 LfÆ, q Wçbt¡gñü t¡$üfd ü¡tl¡ily cm!ü,y f-sfqt{
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wïlll tt e addçs¡cc of l0l Wcs GAï{q Stt,t*, I l t Ngltt Seoô¡d Avc¡ruê, å!d 3ß Wcat
Hmisol¡ Stsrt, Kcm, Wr¡htu¡ou. Tbo lud rrpon which rhc kngrgrnurentr a¡c locrtcd
ig Íç¡rüyergd¡q¿ u tnr l0ad llrBlocl f, Ycslc¡rÉ ftit Additio¡tothcTo.wn of
filrE *co¡¿fqg tu ÌhË plctÉc{.cofrcco¡dêôtoVoi,sr S ofþl¡ts,P#Ë 62¡KlsgCou¡iy ,
Wrúingtd"
Scoond Avè¡uc r¡rccc to indcmnis, holtl h¡rmtca¡, lnd d.fürd Kcot fmu rll
el¡lm¡ mrdo 4rlnrt Kæt for mviro¡mr¡.rtrl brzard! or cont¡mÍrülon oFürc plopcrty
evn to-¡ct¡ rr wËll as ürc tand bcncrü ù. p*¡çrty glwn rq lqlqr. AJ |1¡oh ltùç a¡
f<-f Uf no Am¿r u¡a for üãtulHhgr, $aurËe rnd ¡Éprú,rerûchtq grvcú ro lr byl:'
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rcguipt of rlt rçquired dcdolition pe¡n{c md liccnScs, ¡Ëüove nc buildi¡g+ fixu¡rc¡ ¡nd
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1
EXHIBIT A
4.D.a
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4.D.a
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-o.ron*n o, fQlKevenue \\-
Woshinston Stdte- REAL ESTATE EXCISE TAX AFFIDAVIT rhis fom is your receipt
PLEASE rYPE oR PRINT CHAPTER 82.45 RCW - CHAPTER 458-61 A WAC when stamped by cashier.
THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETEI)
(See brck of Iret page for instructions)
Str€et address of property 11'l N Semnd Ave and 30d W Herisnn sl
This property is located in Kent
I Check box ifmy ofthe listed parcels ae being segregated from mother pacel, ue part ofa boundary line adjustment or puc€ls being merged.
Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit)
LOTS 1O AND 1 1, BLOCK 5, YESLER'S FIRST ADDITION TO THE TO\A/N OF KENT, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 5 OF PLATS, PAGE 62, KING COUNTY, WASHINGTON
Select Land IJse List all personal property (tmgible and intangible) included in selling
price.
enter any additional
(See back of last page for instructions)
yES
Was dre sellu receiving aproperty hx exemptior or defsral mds tr
clnpters 84.36, 84.37, or 84.38 RCW (nmprcfit organizatiorf s€nior
citizen, or disabled person, hommmm wilh limited incomef
If claiming an exemption, list WAC number and reason for exemption:
NO
tr
h this property designatod as forest land per ch4ter 84.33 RCW?
Is tlds propsty classified as curent use (een space, frm and
agriculuml, mtimber) landperchqterS4.34 RCW?
Is ttis prcperty receiving special valuatiol as histmical property
p€r chapt€r 84.26 RCW?
Ifany ansv€rs re yes, complete as instucted below.
(1) NOTICEOFCONTII\IUAI\CE (IOREST r.{NDORCURRENT USE)
NEW OWNER(S): To continue the cunent designation as forest land or
clrosification as current ue (opm space, fam and agriculhre, or timber) land,
you must sign on (3) below. The county assessor must tlm detemine if the
land transfened mntinues to qualifr and will indicate by signing below. Ifthe
land no longer qualifies or you do not wish to continue the designation or
classification, it will be rmoved and the compensating or additional taxes will
be due and payable by the seller or transferor at the time ofsale. (RCW
84.33.140 or RCW 84.34.108). hior to signing (3) below, you may contact
your ltral county assessor for more infomation.
Thisland Idoes @doesnot qualifyforcontinuance.
DEPUTYASSESSOR DA'IE
(2) NOTICE OF COMPLIANCE (I{ISTORIC PROPERTY)
WAC No. (Section/Subsection)wAc 458-614-205
Reason for exemption
Transfers from a govemment enlily
Type of Document Bill of Sale
Date ofDocument
Gross Selling Price (0.00
iPersonal Property (deduct)e
Exemption Claimed (deduct)
Taxable Selling Price 0.00
Excise Tax : State 0.00
0.0050 Local 0.00
*Delinquent Interest: State
Local
+Delinquent Penalty
Subtotal
*State Technology Fee
*Affi davit Processing Fee
Total Due
YES NOtrgtr@
tra
NEW OWNER(S): To continue special valuation as historic property,
sign (3) below. Ifthe new owner(s) does not wish to continue, all
additional tu calculated pursuant to chapter 84.26 RCW, shall be due and
payable by the seller or transferor at the time ofsale.
(3) OWNER(S) STGNATURE
0.00
5.00
0.00
t 10.00
PRINT NAME A MINIMUM OF $1O.OO IS DUE IN FEE(S) AND/OR TAX
+SEE INSTRUCTIONS
I CERTIFY UNDER PENALTY oF PERJURY THAT THE FoREGoING Is TRUE AND coRREcT
Signature of
Grante€ or Grantee's Agent _
Name (print)Joseph Velling
Date & city ofsigning:September _, 2019; Bellevue, WA
Perjury: Perjury is a class C felony which is punishable by imprisoilnent in the state conectional institution for a maximm tem ofnot more than five yean, or by
a fine in an amount fixed bv the court ofnot more than five tlousmd dollm or by bo0r imprisonment and fine (RCW 94.20.020 (lC).
Signature of
Grantor or Grantor's AgGnt _
Name (print)
Date & city of signing: September , 2019: Kent. WA
&tre42
Fti'
Nme Cifu of Kent
Mailing ^aa-^-- tri traildh A.,an' 'a Snr rth
Citylstatelzip
Phone No. (including aea
trdedF,z5<6&
ea'Prnnorliae I I fl
a Washinoton limited liabilitv comDanv
Mailing Addres 4056 134th Avenue SE
City/State/Zip Bellevue. Washinqton 98006
Phone No. (including ueacode)(425) 747-4975
Send all property tu conespondence to: @ Same 4 Buyer/Grmtee
Nme
Mailing Address
City/State/Zip
Phone No. (including area
List all real ud personal property tax prcel account
numberc - check box ifpemonal property
982s70-0285-05 E
List osessed value(s)
s730.700.00
5 or more unib)13-resid€nce
REV 84 0001a (09/14116)THIS SPACE. TREASURER'S USE ONLY COUNTY TREASURER
Exhibit B 4.D.a
Packet Pg. 33
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RavEfriigre
Woshinston Stote' REAL ESTATE EXCISE TAX AFFIDAVIT rhis fom isyourreceipt
PLEASE rYPE oR PRINr CHAPTER 82.45 RCW - CHAPTER 458-61A WAC when sramped by cashier.
THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FIJLLY COMPI,ETED
(See back oflmt page for instructions)
to
Street address of property:'l 1 1 N Sc..nd AvE an.i ?nd W Hededn Ct
This property is located in Kent
I Check box if my ofthe listed parcels de being segregated from mother ptrcel, {e part ofa boundary line adjustment or pilcels being merged.
Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit)
LOTS 1O AND 1 1, BLOCK 5, YESLER'S FIRST ADDITION TO THE TOVVII OF KENT, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 5 OF PLATS, PAGE 62, KING COUNTY, WASHINGTON
Select Land Use List all personal property (tangible and intangible) included in selling
pnce.
enter any additional
(See back of last page for instructions)
yEs
Was tre sello receiving a property tax s(ernption or deferrdl rmder tr
clnpt€rs 84.36, 84.37, or 84.38 RCW (nonprofit oryanizatiorL ssnitr
citiznn, or disabled perso4 homeowner witr limited inmme!
If claiming an exemption, list WAC number and reason for exemption
NO
tr
Is lhis propsty designated as forcst land per chapt€r 84.33 RCW?
Is this pro,pqty classified as crrrurt use (open space, frm and
agrioltural, or timber) lmd per chaptu 84.34?
Is ftis propaty receiving spwial valualm as historical poperty
perclnps84.26 RCW?
If any answus ae yc, mplete as instsuct€d below.
O) NOTICE OFCOMINUAI\ICE (FORBST I,ANDORCTJRRENT USE)
NEW OWNER(S): To continue the cunmt designation as forest land or
classification as cunent use (open space, farm and agricultue, or timber) land,
you must sign on (3) below. The county assssr mNt then detemline if the
land ransfened continues to qualiry and will indicate by signing below. Ifthe
land no longr qualifies oryou do not wish to continue the designation or
classification, it will be removed and the compmsating or additional taxes will
be due md payable by the seller or u'ansferor at 0le time of sale. (RCW
84.33.140 or RCW 84.34.108). Prior o signing (3) below, you mny contact
your local county assessor for more information.
This land froes El does not quali$ for continuance.
DEPUTY ASSESSOR DATE
(2) NOTICE OF COMPLIANCf, (TIISTORIC PROPERTY)
NEW OWNER(S): To continue special valuation as historic property,
sign (3) below. Ifthe new owner(s) does not wish to continue, all
additional tax calculated pusuant to chapter 84.26 RCW, shall be due and
payable by the seller or transferor at the time ofsale.
(3) OWNER(S) SIGNATURE
Signature of
Grantor or Grantor's Agent
WAC No. (Section/Subsection)wAc 458-61A-205
Reason for exemption
Transfersfroma gou".ffi
Type of Docum.nt Bill of Sale
Date of Document
Gross Selling Price
tPersonal Property (deduct)
Exemption Claimed (deduct)
Taxable Selling Price
0.00
0.00
State
Local
0.00
0.00
*Delinquent Interest: State
YES NOtratra
trE
t
Local
*Delinquent Penalty
0.00
5.00
0.00
10.00
Signature of
Grontee or Grantee's Agent _
t
Subtotal $
* State Technology
+Affi davit Processing Fee
Total Due $
PRINT NAME A MINIMUM OF $TO.OO IS DUE IN FEE(S) AND/OR TAX
*SEE INSTRUCTIONS
I CERTIFY UNDER PENALTY oF PERJURY TIIAT THE FoREGoING Is TRUE AND coRREcT
Fee $
Name (print) Name (pring Joseph Velling
Date & city ofsigning:Seotember Kent, WA Date & city ofsigning:SeDtember .2019:Bellewe, WA
d
)2
rd
vaiting eaares 220 Fourth Avenue South
Cilv nf l(pnlName
Phone No. (including aea
Citylstatelzip Kent. Washinqton 98032
E*E,z5<6&
Name Sorthworlh Prooerties I I C
Phone No. (including area ^^i-\ larsl 747-4975
City/State/zip
a Washinoion limited liabilitv
RelleMre \ /eshindldn
Mailing 4056 134th Avenue SE
Send all property td corespondence to: @ Same r Buyer/Crantee
Phone No. (including ilea code)_
Nme
Mailing Address
City/Statelzip
List all real md personal property tu pscel accout
numbers check box if perconal property
r-'l982570-0285-05
List usessed value(s)
$730,700.00
0.0050
Perjury:Pe{ury is a class C felony which is punishable by imprisoment in the state conectional institution for a maximun term ofnot more than five years, or by
a fine in an amounf fixgl tp the mDrt of not hore than five thousmd dollars rs5 orbv both imDrisment md fine (RCW 9A..20.020 (lC))
REV 84 0001a (09/14116)THIS SPACE - TREASURER'S USE ONLY DEPT. OF REVENUE
Exhibit B 4.D.a
Packet Pg. 34
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INSTRUCTIONS
Note: To report a transfer ofa controlling interest in real property, please use the Real Estate Excise Tax Affidavit Controlling lnterest Transfer Retum,
Revenue Fom No. 84-000 I B. This form is available online at http://dor.wa.gov.
Section I
Enter the name(s) ofseller/grantor. This is the person(s) conveying interest in the property. Ifsale is less than 100%, check the box "Check if
partial sale" and fill in the percentage sold.
Section 2:
Enter the name(s) ofbuver/erantee. This is the oerson(s) receivins interest in the propefi. List the percentase acquired after each name.
Section 3:
. Enter the name and address where you would like all future property tax information sent.
' Enter the tax parcel number and current assessed value for real and personal property being conveyed. Check the box to indicate personal
property.
Section 4:
. Enter the street address of the property.
. Enter the Enter city name if located within a municipality.
. Enter the
Section 5:
. Enter the appropriate land use code for the property. Please list all codes that apply on the lines provided in section 5.
See WAC 458-53-030 (5) for a complete list.
. 09 - Lmd with mobile home
. l0 - Lmd with new building
. ll - Household, single family units
. 12 - Multiple fmily rcsidence (2-4 Units)
. 13 - Multiple family residence (5 + Units)
. 14 - Residential condominiums
. l5 - Mobile home pdks or courts
. 16-Hotels/motels
. 17 - Institutional Lodging (convalescent
homes, nureing homes, etc.)
. l8 - All other residential not coded
. 19 - Vacation md cabin
. 2l - Food and kindred products
. 22 - Textile mill products
. 23 - Appsel md other finished
products made from fabrics,
leather, md similr materials
r 24 -Lumbermdwoodproducts
(except fmilue)
. 25 - Fumiture ild fixtures
. 26 - Paper and allied products
. 27 - Printing md publishing
. 28 - Chemicals
t 29 -Petroleumrefining mdrelated
industries
. 30 - Rubber and miscellaeous
plotic products
. 3l - Leather and leather products
. 32 - Stone, clay andglas products
. 33 - Primary metal industries . 'll
. 34 - Fabricated metal products . 74
. 35 - Professional scientific and controlling
instrumenis; photographic md optical . 75
goods; watches/clocks manulacturing . g0
. 39 - Miscellueous mmufacturing . 8l. 50 - Condominiums-other thu residential . 33. 53 - Retail Trade - general merchmdise . 86. 54 - Retail Trade - food
. 58 - Retail trade - eating & drinking . 88
(restaurants, bds) r 9l. 59 - Tenmt occupied, commercial properties . 94
Cultural activitieVnature exhibitions
Recreational activities (golf
courses, etc.)
Resorts md group cmps
Water or mineral right
Agriculture (not in cunent use)
Agriculture cunent se RCW 84.34
Stilding Timber (separate from
land)
Forest lmd designated RCW 84.33
Undeveloped Land (land only)
Open spac€ lild RCW 84.34. il-Repairservices . 95 - Timberland clasified RCW 84.34. 65 - Prcfwional rrvi6 (medical, dental, etc ) . 96 - Improvemens on leued lmd
Section 6:
Indicate whether the property is designated as forest land per chapter 84.33 RCW, classified as current use (open space, fam, agricultural, or
timber) per chapter 84.34 RCW, or receiving special valuation as historic property per chapter 84.26 RCW.
Section 7:
List personal property included in the selling price ofthe real property. For example, include tangible (fumiture, equipment, etc) and
intangible (goodwill, agreement not to compete, etc).
Use Tax is due on personal property purchased without payment ofthe sales tax. Use Tax may be reported on your Combined Excise Tax
Retum or a Consumer Use Tax Retum, both available at hftp://dor.wa.gov.
If you are claiming a tax exemption, cite the specific Washington Administrative Code (WAC) number, section and subsection and
provide a briefexplanation. Most tax exemptions require specific documentation. Refer to the appropriate WAC to determine
documentation requirements. Chapter458-6lA WAC is available online at http://dor.wa.gov.
Enter the type of document (quit claim deed, statutory warranty deed, etc.), and date of document (MM/DD/YYYY)
Enter the selling price ofthe property.
Selling price: For tax purposes, the selling price is the Fue and fair value ofthe properly conveyed. When property is conveyed in an arm's
length transaction between uffelated persons for valuable consideration, there is a presumption that the selling price is equal to the total
consideration paid or contracted to be paid, including any indebtedness. Refer to RCW 82.45.030 for more information about selling price.
Deduct the amount ofpersonal propeny included in the selling price.
Deduct the amount of tax exemption claimed per chapter 458-6lA WAC.
Due Date, Interest and Penaltiess Tax is due at the time ofsale/transfer. Iftax is not paid within one month ofthe date ofsale/transfer,
interest and penalties will apply. The interest rate is variable and determined per RCW 82.32.050. Delinquent penalties are 5% one month
after the due date; 10olo two months after the due date; and 200lo three months after the due date. (RCW 32.45.100)
State Technolory Fee: A $5.00 Electronic Technology Fee that is due on all transactions. (82.45. I 80)
Affidavit Processing Fee: A minimum of$5.00 shall be collected in the form oftax and processing fee. A processing fee is due on all
transactions where no tax is due and on all taxable transactions where the tax due is less than $5.00. (RCW 82.45. I 80)
Section 8:
Both grantor (seller) and grantee (buyer), or the agent ofeach, must sign this form, certit,ing that all the information provided is correct. Note:
Original signatures required on the "County Treasurer" copy. Signatures may be required on the "Assessors" copy. Check with your county.
Audit:
Information you provide on this form is subject to audit by the Department ofRevenue. Underpayments oftax will result in the issuance of4 tax
assessment with interest and penalties. Note: in the event ofan audit, it is the taxpayers' responsibility to provide documentation to support the
selling price or any exemption claimed. This documentation must be maintained for a minimum of four years from date of sale. (RCW
82.4s.r00)
Ruling requests:
You may request a ruling on the taxability ofthe property transfer. Go to our wsbsite at dor.wa.gov/rulings or fax yow request to
(360) 705-6655.
Where to send completed forms:
Completed forms must be submifted to the County Treasurer's or Recorder's Office where the property is located.
For tu ssistmce, contact you local County Trerourer/Recorder or visit http://dor.wa.gov or call (360) 534-1 503. To request this document in m altemate formt, plece call
l-800-647-7706. Teletyp (TTY) users may u€ the Wuhington Relay Seruice by calling 7l L
REV 84 0001a inst. (09/14/16)
Exhibit B 4.D.a
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MUNICIPAL COURT
1220 Central Avenue South
Kent, WA 98032
253-856-5730
DATE: October 8, 2019
TO: Kent City Council
SUBJECT: 2019 Court Commissioner - Temporary Limited Term Position
MOTION: Establish a temporary limited term position of Court
Commissioner, to be funded out of the Municipal Court budget, with an end
date of December 31, 2019.
SUMMARY: The Municipal Court has the authority to hire a Court Commissioner to
serve in the Kent Municipal Court. The Court would like to hire Anthony Gipe as a
Court Commissioner to assist with the transitioning to the new judge in January
2020. The Court believes that the Commissioner will work between 30-40 hours a
week and would like to offer benefits to the Commissioner during this period. Thus,
the Court requests that a Term-Limited position be created with an end date of
December 31, 2019.
BUDGET IMPACT: Minimal impact to the Municipal Courts general fund. The
money for the position has already been allocated; this request is only for the
benefits for the individual.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: October 8, 2019
TO: Kent City Council
SUBJECT: Interlocal Agreement with WSDOT for SR 509 Gateway
Project
MOTION: Authorize the Mayor to sign an interlocal agreement (GCB 3093)
with the Washington State Department of Transportation to provide $2
million in funding identified in the Puget Sound Gateway Program SR167
and SR509 Completion Projects, Local Funding and Phasing Memorandum
of Understanding, subject to the terms and conditions acceptable to the
Public Works Director and the City Attorney.
SUMMARY: The 2015 Washington State Legislature required $130 Million in local
contributions be provided by local agencies when the Puget Sound Gateway
Program was funded through the Connecting Washington Transportation package.
The $1.8 Billion Puget Sound Gateway Program includes the SR509 and SR167
extension projects.
In 2018, the Mayor and staff participated in multiple meetings with WSDOT and the
other local agencies in the development of the draft Puget Sound Gateway Local
Funding and Phasing Memorandum of Understanding (MOU). This MOU identifies
the framework of the $130 Million in local contributions to be provided for the
project. The MOU identified the need for an inter-local agreement between WSDOT
and local municipalities to formalize specifics of funding contributions with each
jurisdiction. The MOU which identified a $2 Million contribution by the City of Kent
was approved by the Kent City Council on June 18, 2018.
Key points in the agreement:
1) Formalizes Kent’s $2 Million contribution
2) Identifies payment scheduled:
a. $1 million within Stage 1B once the substructure for the I-5 crossing
over Veterans Drive is complete, but no sooner than January 2, 2025.
b. $1 million due within Stage 2 when pavement for southbound I-5
auxiliary lane from Kent Des Moines Road to S. 272nd Street is installed.
3) City assigns the $4 Million PSRC grant to WSDOT for completion of the
Veterans Drive portion of Stage 1B.
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4) WSDOT will complete all administration necessary to meet grant obligations.
BUDGET IMPACT: Expenditures are not a part of the current budget. The
agreement provides approximately 5 years of planning to budget for the
expenditures.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure, Innovative Government, Sustainable Services
ATTACHMENTS:
1. SR 509 Exhibit ILA WSDOT SR 509 Gateway (PDF)
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B.
c.
ccB 3093
INTERLOCAL AGREEMENT BETWEEN
WSDOT / City of Kent
This INTERLOCALAGREEMENT (Agreement) is entered into between the Washington State
Department of Transportation WSDOT) and the City of Kent (City), individually referred to as
the "Party" and collectively referred to as the "Parties."
RECITALS
A.Pursuant to Chapter 39.34 Revised Code of Washington (RCW), lnterlocal Cooperation
Act, the Parties desire to enter into an agreement with one another in order to jointly
establish a mutual and cooperative system to carry out their respective obligations of this
Agreement for the construction of the Puget Sound Gateway Program (PROGRAM).
One component of the PROGRAM is the State Route (SR) 509 Completion Project
(PROJECT).
ln 2015, the Washington State Legislature funded the construction of the PROGRAM
through the Connecting Washington revenue package, including the Puget Sound
Gateway Program. The Puget Sound Gateway Program includes two projects: the SR
167 Completion Project and the SR 509 Completion Project.
The Legislature directed that $130 million of the $1 .875 billion PROGRAM funding must
come through local funding sources.
The City entered into a Local Funding and Phasing Memorandum of Understanding
(MOU) with WSDOT (Attachment A), which commenced on July 1,2018. This MOU
acknowledges that the City is one of eighteen (18) Local Agency Partners committed to
provide matching fundsicontributions commensurate with the local benefits expected to
be accrued from the PROJECT. The MOU was signed by the WSDOT Secretary of
Transportation and 18 local agencies in King and Pierce Counties identifying a grant
focused strategy to fund smaller local nexus projects. A local nexus project in Kent is the
extension of Veterans Drive west of Military Road under l-5 connecting to the future SR
509 and improving the Kent Des Moines Road interchange
The City, in support of the PROGRAM, including the PROJECT, is willing to contribute
matching funds towards the required local contribution in the amount of $2 million.
ln an effort to help meet the local funding obligation, in 2018, the City applied for and
received a $4 million dollar Puget Sound Regional Council grant for the Veteran's Drive
Extension, all of which will be applied to the $130 million required to come through local
funding sources.
The $2 million dollar local contribution to be provided by the City will be used to equally
support Stage 1b ($t million dollars) and Stage 2 ($1 million dollars) of the PROJECT,
including the Veteran's Drive Extension.
NOW THEREFORE, pursuant to Chapter 39.34 RCW, the above recitals that are incorporated
herein as if fully set forth below, and in consideration of the terms, conditions, covenants, and
performances contained herein, and Attachments A and B incorporated and made a part hereof,
the Parties agree as follows:
D
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GCB 3093
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2
1. General
1.1 This Agreement quantifies the City's required local contribution to be applied
specifically towards the PROJECT and defines the roles and responsibilities
between the Parties for delivery of the PROJECT.
12 The PROJECT is described as Stage 1b, which includes reconstructing the SR
516 interchange, constructing a northbound auxiliary lane, constructing a
southbound auxiliary lane from the S. 200th Street lnterchange ramp to a new
southbound collector-distributor (CD) road along lnterstate l-5 and constructing
the southbound braided ramps. The PROJECï will also construct the SR 509
mainline from l-5 to the 2Sthlz4thAvenue S. interchange, including the ramps to
and from 28thl24tn Avenue S to the south. Stage 1b will also include
reconstruction of the 216th Street bridge, construction of one toll point, and
restoration of S. 208th Street's connection to SR 99. Stage 2 of the PROJECT
includes a southbound auxiliary lane on l-5 from Kent Des Moines Road to S.
272nd Street.
3.
1.3 ïhis Agreement is effective upon the last date of execution of both Parties and
will terminate when the soúthbound l-5 auxiliary lane from Kent Des Moines
Road to S. 272nd Street, identified in Stage 2, is constructed and reaches final
completion, unless the Agreement is mutually extended by the Parties.
WSDOT Responsi bil ities
2.1 WSDOT shall design and construct the PROJECT to be consistent with the
Proposed Design Alternative (Attachment B) for Stage 1b and Stage 2
respectively.
2.2 WSDOT shall provide the City with a written notice of commencement of the
PROJECT'S construction at least thirty (30) days prior to the start óf construction
(commencement date).
2.3 WSDOT shall coordinate and seek concurrence from the City on any significant
deviations from the Proposed Design Alternative within the City contemplated
during implementation of the PROJECT.
2.4 The City agrees to assign the PSRC Grant to WSDOT for the completion of the
Veterans Drive portion of the project within Stage 18. As such, WSDOT agrees
to complete all grant administration necessary to meet grant obligations.
WSDOT agrees to use the PSRC Grant funds for construction only.
Payment
3.1 The City agrees to pay a local contribution to the PROJECT in the amount of $2
million dollars to WSDOT for the construction costs associated with the
PROJECT, split evenly between Stage 1b and Stage 2.
GCB 3093
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3.2 WSDOT will invoice the City in two (2) payments of $1 million dollars (for a total
of $2 million dollars). WSDOT shall submit invoices to the City as follows:
WSDOT will submit the first invoice during the SR 509 Stage 1b
construction period, but no sooner than January 2,2025, provided that
the substructure for the l-5 crossing over Veterans Drive is complete. lf
the substructure is not complete by January 2,2025, WSDOT will submit
the invoice 30 days after its completion.
a
WSDOT will submit the second invoice during the SR 509 Stage 2
construction period, following the completion of the southbound l-5
auxiliary lane pavement from Kent Des Moines Road to S.272nd Street.
The City shall pay the invoice within thirty (30) days of receipt
4. Contract Administration
4.1 The Parties do not by this Agreement create any separate legal or administrative
entity. The Secretary of Transportation or his designee and the City of Kent
designee as noted in Section I of this Agreement shall be responsible for
working with each other to administer the terms of this Agreement. The Parties
do not intend to jointly own any real or personal property as part of this
undertaking. The Parties will cooperatively work together to further the intent and
purpose of this Agreement.
5. Dispute Resolution
5.1 ln the event that a dispute arises between the CITY and WSDOT at any time
during the co.urse of the PROJECT, the Parties agree to negotiate at the Project
Manager level to resolve any issues. Should such negotiations fail to produce a
satisfactory resolution, the Padies agree to elevate negotiation to the senior
management level before proceeding to other legal remedies.
6. lndemnification
6.1 To the extent permitted by law, WSDOT and the City shall protect, defend,
indemnify, and save harmless each othe¡ their respective officers, officials,
employees, and agents, while acting within the scope of their employment as
such, from any and all costs, claims, judgment, and/or awards of damages,
arising out of, or in any way resulting from, lndemnifying Party's negligent acts or
omissions. Neither WSDOT nor the City will be required to indemnify, defend, or
save harmless each other if the claim, suit, or action for injuries, death, or
damages is caused by the sole negligence of the other party. Where such
claims, suits, or actions result from concurrent negligence of WSDOT and the
City, the indemnity provisions provided herein shall be valid and enforceable only
to the extent of WSDOT's or the City's own negligence. WSDOT and the City
agree that their respective obligations under this subsection 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, WSDOT and the City, by mutual negotiation, hereby
waive, with respect to the other party only, any immunity that would otheruvise be
available against such claims under the industrial insurance provisions of Title 51
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7. Venue
71
RCW. ln the event that WSDOT or the City incurs any judgment, award, and/or
cost arising therefrom, including attorneys' fees, to enforce the provisions of this
section, all such fees, expenses, and costs shall be recoverable by the prevailing
party. This indemnification shall survive the termination of this Agreement.
ln the event that either Party deems it necessary to institute legal action or
proceedings to enforce any right or obligation under this Agreement, the Parties
agree that any such action or proceedings shall be brought in King County
Superior Court. Further, the Parties agree that each will be solely responsible for
payment of their own attorneys' fees, witness fees, and costs.
8. Contacts and Notices
8.1 Contact between the Parties, including but not limited to invoicing, agreement
administration, and notices will be directed to the below identified contacts as
follows or his/her designee or such other addresses as either Party may, from
time to time, designate in writing:
City Proiect Manaser shall be:
Timothy J. LaPorte, PE
Public Works Director
400 West Gowe
Kent, WA 98032
(253) 856-6500
Email. tlaporte@kent.wa.qov
WSDOT Proiect Manaser shall be:
Susan Everett, PE
999 3RD Ave Ste 2200
Seattle, WA 98104
(206) 805-5422
Email. EverettS@wsdot.wa. qov
9. Amendment
9.1 This Agreement may be amended or modified only by the mutual agreement of
the Parties. Such amendments or modifications shall not be binding unless they
are in writing and signed by persons authorized to bind each of the Parties.
10. Entire Agreement
10.1 This Agreement constitutes the entire understanding and agreement between the
parties as to the subject matter herein and no other agreements or
understandings, written or otherwise, shall be binding upon the padies upon
execution of this Agreement.
11. Severability
11.1 Should any clause, phrase, sentence or paragraph of this Agreement or its
application be declared invalid or void by a court of competent jurisdiction, the
remaining provisions of this Agreement or its applications of those provisions not
so declared shall remain in full force and effect.
GCB 3093
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12.
13.
No Thi rd-Party Beneficiaries
12.1 This Agreement is executed for the sole and exclusive benefit of the signatory
Parties. Nothing in this Agreement, whether expressed or implied, is intended to
confer any right, remedy or other entitlement upon any person other than the
Parties hereto, nor is anything in this Agreement intended to relieve or discharge
the obligation or liability of any third-party, nor shall any provision herein give any
third-party any right of action against any party hereto.
Audits/Records
13.1 All records for the PROJECT in support of all costs incurred shall be maintained
by WSDOT for a period of three (3) years after acceptance as defined in
WSDOT's Construction Manual M 41-01.32, Chapter 10. The City shall have full
access to and right to examine said records, during normal business hours and
as often as it deems necessary. Should the City require copies of any records, it
agrees to pay the costs thereof. The Parties agree that the work performed
herein is subject to audit by either or both Parties and/or their designated
representatives, and/or the federal/state government.
ln Witness Whereof, the Parties hereto have executed this Agreement as of the date last written
below.
City of Kent Washington State ,
Department of Transportation
By By
Printed Printed
Title Title
Date:Date
Approved as to Form
City of Kent on
as to Form
By By
Printed erifed:(L. Scott Lockwood
Title Title: Assistant Attorney General
Date:Date Zrlf
GCB 3093
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ATTACHMENT A
We¡hhUton Statc
Dcpertmant of llanrportatlon
Transportation Bullding
310 Maple Park Avenue S.E.
P.O. Box 47300
Olympia, WA 98504-7300
360-705-7000
TTY: 1-8@-833-6388
www.wsdot.wa.gov
June 28,2018
The Honorable Steve Hobbs
Chair
Senate Transportation Committee
P.O. Box 40444
Olympia, WA 98504-0444
The Honorable Curtis King
Ranking Member
Senate Transportation Committee
P.O. Box 40414
Olympia, WA 98504-0414
The Honorable Judy Clibborn
Chair
House Transportation Committee
P.O. Box 40600
Olympia, WA 98504-0600
The Honorable Mark Harmsworth
Ranking Member
House Transportation Committee
P.O. Box 40600
Olympia, WA 98504-0600
ln the 2017 Legislative session, Engrossed Senate Bill 5096 Section 306(20Xb)
directed WSDOT to develop a Memorandum of Understanding (MOU) to fund the
$130 million from local agency partners for the Puget Sound Gateway Program
included in the 2015 Connecting Washington transportation revenue package.
Engrossed Senate Bill 5096 stated that:
The secretary of transportation must develop a memorendum of understanding
with local project støkeholders that identifies a scheduleþr stakeholders to
provide local matchingfundsfor the Puget Sound Gateway project. Criteriafor
eligibility of local match includes matchingfunds and equivalent in-kind
contributions including, but not limited to, land donations. The memorandum of
understanding must befinalized by July I, 2018. The depørtment must submit a
copy of the memorandum of understanding to the trqnsportation committees of the
legislature and report regulørly on the status.
In October 2017, WSDOT began a stakeholder process to help establish the local
contributions necessary to achieve the $130 million in local funding. The resulting
Funding and Phasing Subcommittee, made up of l8 affected jurisdictions, has met five
times. From this group, a grant-focused strategy emerged as the most feasible way to
fund the $130 million. A key element of the grant-focused strategy was to identify
smaller project elements within the Gateway Program that provide clear and
measurable benefits to local jurisdictions, called "Local Nexus Projects." The Funding
and Phasing Subcommittee met regularly to establish a process for determining benefits
derived from the Local Nexus Projects, align on contributions, and develop the MOU.
GCB 3093 Page I of 12
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Puget Sound Gateway Program Memorandum of Understanding
June 28,2018
Page2
All l8 jurisdictions have endorsed and signed the attached Local Funding MOU
Additionally, WSDOT and our local agency partners have already submitted four grant
applications this spring for the Local Nexus Projects. We submitted three applications
with the Puget Sound Regional Council (PSRC) and one with the Freight Mobility
Strategic Investment Board (FMSIB). We received the FMSIB grant and two PSRC
grants, totaling $13 million, which combined with local match funding, brings the local
contribution amount to over $26 million for this initial grant cycle.
If you have any questions or would like to meet for an update on the Puget Sound
Gatewa)¡ Program, please feel free to contact me.
Sincerely,
1
,-)
/'7rh.-)¿*-"&¿'/ ,,
Roger Millar, PE, FASCE, FAICP
Secretary of Transportation
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Puget Sound Gateway Program
SR 167 and SR 509 Completion Projects
Local Funding and Phasing
Memorandum of Understanding
1. ParticipatingParties
ln addition to the Washington State Department of Transportation (WSDOT), the following Local
Agency Partners constitute those parties currently participating in this Memorandum of
Understanding pertaining to the local contribution requirement for the Puget Sound Gateway
Program (Gateway Program) :
o Port of Seattle
o Port of Tacoma
. King County
o Pierce County
. City of Algona
. City of Auburn
. City of Burien
. City of Des Moines
. City of Edgewood
. City of Federal Way
. City of Fife
. City of Kent
City of Milton
City of Pacific
City of Puyallup
City of SeaTac
City of Sumner
City of Tacoma
a
a
a
2. Background and Purpose of MOU
ln tuly 2015, the Washington State Legislature and Governor lnslee acted to fund the Gateway
Program through the Connecting Washington revenue package. The Gateway Program is
comprised of two projects: the State Route 167 Completion Project and the State Route 509
Completion Project. These projects provide essential connections to the ports of Tacoma and
Seattle and will help ensure that people and goods move more reliably through the Puget Sound
region.
WSDOT is the lead project sponsor and is responsible for the planning, design and construction
of the Gateway Program, as well as for its overall financial management, The program has been
guided from its beginning by a Joint SR 167/5R 509 Executive Committee (Executive Committee),
comprised of elected and appointed representatives of localjurisdictions served by the Gateway
Program (Algona, Auburn, Burien, Des Moines, Edgewood, Federal Way, Fife, Kent, Milton,
Pacific, Puyallup, SeaTac, Sumner, Tacoma, King County, Pierce County, Port of Seattle, and Port
of Tacoma) as well as Federal Highway Administration, Washington State Transportation
Commission, Washington State Department of Transportation, Puget Sound Regional Council,
Sound Transit, Pierce Transit, and the Freight Mobility Strategic lnvestment Board.
Funding for the Gateway Program has been approved to come from the state gas tax, tolls, local
contributions, and potential federal and state grants. Total funding for the Gateway Program,
from the 2015 Connecting Washington transportation funding package, is S1.875 billion, which
includes local contributions of S130 million. The program has been funded over a 16-year
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timeline. Based on the legislative funding plan, major construction for a first stage would occur
from 2019 through 2025, and a second stage from 2026 through 2030. Local contributions will
be needed to construct both stage one and stage two projects.
ln the 2017 Legislative session new language was enacted (Engrossed Senate Bill 5096 S
306(20Xb)) requiring development of a Memorandum of Understanding (MOU) between the
Local Agency Partners and WSDOT. The legislature directed that:
The secretory of transportot¡on must develop a memorondum of understanding with
locol project stokeholders that identifies o schedule for stakeholders to provide locol
motching funds for the Puget Sound Goteway project. Criteria for eligibility of locol
match includes motching funds and equivalent in-kind contributions including, but not
limited to, Iand donotions. The memorandum of understanding must be finolized by July
7, 2078. The deportment must submit a copy of the memorandum of understanding to
the transportot¡on committees of the legisloture and report regulorly on the støtus.
To this end, the Executive Committee of the Gateway Program convened a Funding and Phasing
Subcommittee (Subcommittee) to develop a MOU that summarizes their planned future
commitments and planned timing of those commitments to contribute to the SR 167 and SR 509
projects.
The Subcommittee goals include:
. Support efforts to build the Gateway projects on or ahead of schedule
r Create successful local partnerships
o Obtain sufficient local funding to build the Puget Sound Gateway projects
¡ Time grant-funding projects to support the project delivery schedule
The construct of local funding participation, when authorized by the legislative bodies of the
relevant agencies through a series of forthcoming interlocal agreements, is based on the
following projections:
sR 167 sR 509 TOTAT
Port contributions S3o m¡ll¡on Sgo m¡ll¡on $eo m¡ll¡on
Federal INFRA srant Sto m¡ll¡on Sto mill¡on S20 m¡ll¡on
Local agency partner
match
Sto m¡ll¡on Sto m¡ll¡on $zo m¡ll¡on
Other Grants (PSRC,
FMS¡8, TIBI
S20 m¡llion $to mill¡on $¡o m¡ll¡on
Total Szo m¡ll¡on $eo m¡ll¡on $tgo m¡ll¡on
3. Local Funding Strategy
A key element of the local funding strategy is to identify projects within the Gateway Program
that provide clear and measurable benefits to localjurisdictions. ln the Gateway Program, these
are called "Local Nexus Projects," are designed to:
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Create a positive business case for Local Agency Partners byfocusing on the parts ofthe
program that are most relevant and important to localjurisdictions
Leverage the potentialto access significant grant funding to support localfunding
assumptions
ln support of the local funding strategy, Local Agency Partners shall:
Participate, co-fund match, and submit grant applications with support from
Subcommittee staff, as identified in Section 6 of th¡s MOU
Combine local monetary and in-kind contributions and project funds to ensure fully-
funded applications, as identified in Section 6 of this MOU
Support the grant effort and avoid competition with the local projects in the year of
application
The following Local Nexus Projects have been identified within the north (SR 509) and south (SR
167) segments of the Gateway Program:
lf Local Nexus, INFRA, and any other pending grant projects become fully funded, these projects
will contribute substantially toward the Legislative requirement for local match. Funding
commitments will be achieved via an interlocal agreement from each signing party up to the
amounts presented in this MOU. Local Agency Partner signatories to this MOU understand that
once the local contribution requirements set forth in ESB 5096 (S130 m¡llion) is achieved, that
Local Agency Partners will not be required to commit to additional funds beyond what is
outlined in this MOU. lf additional grant funding or additional funds from other sources are
obtained that fulfill the S1"30 million local contribution requirement, the Secretary of
Transportation and the Executive Committee will review and determine to either reduce local
agency partner match payments, or recommend expanding scope of the Gateway Program, and
amend each signing party's interlocal agreement accordingly.
4. Local Participat¡on Policy
The Joint Executive Committee has agreed to a funding and phasing policy that structures local
agency partner match requirements to be commensurate with the benefits accrued from the
project at a local level. This policy states that:
a
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GCB 3093
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Gatewav North (SR 509)Gateway South (SR 167)
L88th South Ramps Meridian West Ramps
SeaTac Access, with Ramps lo 28th/24rh
Avenue South
54th Avenue East Ramps
Veterans Drive Extension lnterurban Trail
Lake to Sound Trail Valley Avenue West Ramps
Port of Tacoma Access/SR 509 Spur
TOth Avenue E Bridee Relocation
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All local ogency pdrtners occrue some benefit from the Puget Sound Gatewoy Program.
Partners receiving fewer benefits, however, ore not expected to contribute os much os
partners who receive more benefits. Direct benefits are those that ore most quontifioble,
but there ore other components of value thot include indirect, strategic ond policy/social
benefits. Both direct ond indirect benefits will be ossessed os port of the considerotion of
local contributions, because they ore more easily quantifiable thon stotegic and
po I icy/soci a I be nef its.
All Local Agency Partner signatories of this MOU expect to seek approval of interlocal
agreements to contribute a match to be applied to Local Nexus Projects at a levelthat reflects
their respective anticipated level of benefit, as identified in Section 6 of this MOU.
5. Benefit Assessment Methodology
The proposed financial participation by each partner is based on a general, qualitative
assessment of the net benefits expected to be received by full completion of the Gateway
Program. The assessment includes the following metrics, based on available project data and
transportation modeling outputs:
Direct transportat¡on linkages. The location of direct access points for new limited
access highways or other transportation infrastructure that benefits the community.
Effects on local sales taxes. The impacts of the projects to sales tax receipts, both in
terms of one-time construction sales taxes for the project, and ongoing sales taxes from
impacts to commercial uses.
Travel time savings. Overall travel time savings for local car and truck traffic associated
with the projects.
Traffic diversion from local streets. The diversion of, or increase in, traffic on local
arterials due to the project, with associated positive impacts to traffic safety and local
road maintenance.
Effects on local employment. The potential effects of improved accessibility are
reviewed, particularly in the context of access to new or potential employment uses.
Effects on developable residential lands. The potential impacts of changes in traffic
flow and accessibility on residential land development, with a focus on areas within the
jurisdiction that are available for redevelopment.
Effects on developable employment lands. The potential impacts of changes in traffic
flow and accessibility on the development or redevelopment of commercial and
industrial lands.
Achievement of local policy goals. The alignment of the WSDOT Gateway Program with
local plans and policies.
Environmental and social benefits. Environmental and social benefits specifically linked
to these projects, including upgrades to pedestrian and cycling infrastructure, and
wetlands and riparian restoration.
The approach and findings of the benefits assessments have been provided to the Local Agency
Partners.
a
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6. Local Jurisdiction Anticipated Contributions to the Program
Based on results from the benefit assessment described in Section 5, contributions for each of
the LocalAgency Partners were determined by project stage in the tables below. Following
execution of this MOU, interlocal agreements will be drafted for subsequent approval.
Anticipated contributions only become binding commitments when embedded in interlocal
agreements, and the conditions therein are approved by the proposed funding entity. lnterlocal
agreements between WSDOT and the respective Local Agency Partner must be in place for a
project prior to issuance of the Request for Proposals (RFP) for any proposed construction
contract. The interlocal agreements will become binding commitments, within the statutory
authority of the Local Agency Partner, and will define the schedule of local match payments
expected over the duration of each construction project stage.
WSDOT will exercise due diligence to develop and construct each project on schedule within the
Gateway Program to the best of its abilities. Local Agency Partners will participate in project
development reviews and project meetings in support of the Gateway Program.
lf grant pursuits identified in the Stage 1 and Stage 2 tables below are not achieved sufficient to
meet the 5130 million local contribution, additional grants will be pursued from the funding
programs listed or from other funding programs that may become available over the life of the
Gateway Program. lf Local Nexus Projects go to construction without planned grants, the Local
Agency Partner match funds will still be provided by agreement with WSDOT. lf it is determined
that a Local Nexus Project cannot be fully funded, WSDOT will review options with the Executive
Committee. lf an official decision is determined by the Executive Committee and the Secretary
of Transportation that the Local Nexus Project is not to be included in a construction project, the
Local Agency Partner match may be withdrawn.
Stage 1 Grant Pursuits for Local Nexus Projects
Project Estimated
Construct¡on
Cost
Funding
Program
Grant Target
Amount
Tartet Due
Mo/Year
Ant¡c¡pated
Construct¡on
Expenditure
local Agency
Partner
Match
Partner Nexus
70th Avenue
E/lnterurban
Trail
s32,245,600 FMSIB Ss,ooo,ooo Mar 2018 20L9-202L s800,ooo
$5oo,ooo
s3,000,000
Fife
Tacoma
Port of Tacoma
TIB $5,ooo,ooo Aue 2018 20L9-202L
State
Capital &
Transpor
tation
Sl,40o,ooo Mar 2018 20L9-2021 Fife
Veterans
Drive/ SR516
lnterchange
s33,goo,ooo PSRC 54,5oo,ooo Apr 2018 2027-202s Sl,ooo,ooo Kent
TIB s5,ooo,ooo Aug 2020 202t-202s Sl,ooo,ooo Kent
SeaTac Access S176,883,500 PSRC $4,500,000 Apr 2018 202t-202s s2,ooo,ooo
S5oo,ooo
SeaTac (ROW
in lieu)
Des Moines
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Port of Tacoma
Access/509
Spur
s323,042,000 PSRC S4,5oo,ooo Apr 2018 202t-202s 51,5oo,ooo
s3,000,000
s800,000
Tacoma
Port of Tacoma
Fife
FMSIB Ss,ooo,ooo Mar2O2O 202t-2025
All Gateway
Program
INFRA s20,000,000*Nov 2017 2019-2021
SR 167 Stage 1 Port of
ïacoma
Jan202L 202L-2025 se,000,000 Port of Tacoma
SR 509 Stage 1 Port of
Seattle
Jan202L 202L-2025 s1s,000,000 Port of Seattle
(expected in
2023-202s1
Total Stage 1 ss4,900,000 s38,100,000 s93,000,000
Stage 2 Future Grant Pursuits for Local Nexus
* - lf no INFRA, apply for FHWA BUILD grant for Port of Tacoma Access (SR 509 Spur)
TBD - grant funding program pursuit to be determined in future
7. Terms and Termination
7.1. Amendments
This MOU shall be periodically reviewed and evaluated regarding the need for modifications or
amendments by mutual determination of WSDOT and Local Agency Partners. Amendments to the
MOU shall be required if program funding assumptions need to be adjusted that affect the ability to
construct the identified Local Nexus Projects or the abil¡ty to achieve the S130 million local
contribution. Such amendments shall only be binding if they are in writing and signed by authorized
personnel from all of the Local Agency Partners. Except as set forth in an amendment, the MOU will be
unaffected and shall continue in full force and effect in accordance with its terms. lf there is conflict
RATIFICATION FINAL Funding and Phasing
MOU GCB 3093
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Project Estimated
Construct¡on
Cost
Funding
Program
Grant Target
Amount
Target Due
Mo/Year
Ant¡c¡pated
Construction
Expenditure
Local Agency
Partner
Match
Partner Nexus
Meridian
Avenue
lnterchange
TBD s3,ooo,ooo 2022 2026-2030 $2,000,000 Puyallup
Valley Avenue
lnterchange
TBD s3,000,000 2022 2026-2030 s2,000,000 Pierce County
188th Street
lnterchange
improvements
TBD TBD 2023 2026-2030 TBD SeaTac
TBD s4,000,000 2022 2026-2030 S5oo,ooo
s500,000
Edgewood
(ROW in lieu)
Sumner
SR 167 Stage 2
Port of
Tacoma
Jan2026 2026-2030 s15,000,000 Port of Tacoma
TBD s4,000,000 2024 2026-2030SR 509 Stage 2
Port of
Seattle
Jan2026 2026-2030 s1s,000,000 Port of Seattle
Total Stace 2 s14,000,000 s35,000,000 s49,000,000
Total Stages
1&2 $73,1oo,ooo S142,ooo,ooos68,900,000
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between an amendment and the MOU or any earlier amendment, the terms of the most recent
amendment will prevail.
lf there is a conflict between subsequent interlocal agreements and the MOU or any earlier
amendments, the terms of the interlocal agreements will prevail.
Changes that do not affect the ability to construct the identified Local Nexus Project or achieve the
5t30 m¡ll¡on local contribution shall be addressed through the interlocal agreement between WSDOT
and the relevant Local Agency Partner.
7.2. Dispute Resolution
Should any signatory to this MOU object at any time to any actions proposed or the manner in
which the terms of this MOU are implemented, the Executive Committee shall hear the dispute
first and if the disputant(s) is/are not satisfied with the Committee's proposed decision, the
Committee will send to the Secretary of Transportation its proposed solution and all
documentation relevant to the dispute. The Secretary of Transportation shall provide the
Executive Committee with his/her advice on how to resolve the dispute within thirty (30)
calendar days of receiving adequate documentation. Prior to reaching a final decision on the
dispute, the Executive Committee shall prepare a written response that considers any timely
advice or comments regarding the dispute from the Secretary of Transportation, signatories
and other interested parties, and provide them with a copy of this written response. WSDOT
will then proceed according to this final decision.
7.3 Conditions for Terminat¡on of Participation
Subject to legislative appropriation and all applicable laws, each signatory shall ensure that the
Gateway Program is carried out in accordance with the terms of the MOU and subsequent
interlocal agreements. A signatory may terminate its participation in this MOU if its terms
cannot be met and by providing written notice to the Secretary of Transportation and the
Executive Committee a minimum of 180 calendar days before a project issues an RFP that relies
on that local agency partner funding. Prior to providing written notice terminating
participation, however, the signatories shall consult with WSDOT to determine whether an
amendment to the MOU might be feasible, lf a signatory terminates its participation, WSDOT
will then consult with the Executive Committee to determine if project scope elements need to
be removed if contributions are not realized in accordance with this understanding.
8. Period of Agreement.
This MOU will commence on July L,2Ot8 and will dissolve when the St¡O mill¡on of local
contribution have been secured, orwhen the Local Nexus Projects have been constructed and
are complete.
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9
a
Stephen P. Metruck
Executive Director
Port of Seattle
John Wolfe
Chief Executive Officer
Port of Tacoma
6/2t/t8
Date
s/30/t8
Þonr&
Date
6122/t8
Dow Constantine
County Executive
King County
Bruce Dammeier
County Executive
Pierce Cou
David E. Hill
Mayor
City of Algona
l4-/
t
Date
sl3o/78
Date
6/2s/t8
)(*q*Þ"huá
Date
6/tt/18
Nancy Backus
Mayor
City of Auburn
\
Brian
City Ma
City of Burien
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1¿r,á*{'fu 6/261L8
MichaelMatthias
City Manager
City
Date
6/13/L8
of Des Moines
DarylEidinger
Mayor
City of
J¡
City of Federal Way
Pat Hu
Councilmem
City of Fife
Dana Ralph
Mayor
City of Kent
Shan na Styron-Sherrell
Mayor
City of Milton
Date
6/20lt8
Date
6/20/L8
Date
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Leanne Guier
Mayor
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SR 509 Completion Project - Stage lb
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new southbound collector-distributor (CD) road along Interstate I-5 and constructs the
southbound braided ramps. Stage 1b also constructs the SR 509 mainline from I-5 to the
z9thl24th Avenue S. Interchange, including the ramps to and from 28th/24th Avenue S to the
south. Stage lb will also include 216th Street Bridge reconstruction, construction of one toll
point, and SR 99/ S. 208th Street connection restoration.
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: October 8, 2019
TO: Kent City Council
SUBJECT: Veterans Drive Extension PSRC Grant Acceptance
MOTION: Authorize the Mayor to sign agreements necessary to accept $4
million of Federal Highway Administration funds for expenditures on the
Veterans Drive Extension, a local nexus project within the SR509 Gateway
Program, subject to final terms and conditions acceptable to the Public
Works Director and City Attorney.
SUMMARY: The 2015 Connecting Washington Transportation package passed by
the Washington State Legislature, required $130 Million in local contributions to the
Puget Sound Gateway Program. Grant funds obtained by local agencies for local
nexus projects are counted towards the $130 Million local contribution. The Puget
Sound Gateway Program SR167 and SR509 Local Funding and Phasing
Memorandum of Understanding, identifies the local nexus projects including the
Veterans Drive Extension project.
In 2018, the City was awarded a $4 Million in Federal Highway Administration funds
through the Puget Sound Regional Council’s regional competition. The project will
be constructed by WSDOT as a part of the SR509 Extension, Stage 1B and is
expected to be complete by 2025.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure, Innovative Government, Sustainable Services
ATTACHMENTS:
1. Veterans Drive Exhibit City of Kent 2018 Award Letter (PDF)
4.G
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: October 8, 2019
TO: Kent City Council
SUBJECT: WSDOT Reimbursement Agreement for South 224th
MOTION: Authorize the Mayor to modify agreement JA 6673 with WSDOT
for review, permitting and approval of the South 224th Street Project
within WSDOT right-of-way and inspection of materials, to increase costs
from $70,000 to $130,000, subject to final terms and conditions acceptable
to the Public Works Director and City Attorney.
SUMMARY: The South 224th Street Project includes a new bridge crossing over SR
167 in WSDOT limited access. Agreement JA 6673 is needed to compensate the
State for its costs to review plans, permit work and inspect materials used in
WSDOT right of way, or as requested by the City. The agreement was executed in
2010 and is expected to run through mid-2020. The modified agreement is
necessary due to additional work completed by WSDOT in support of the project.
The current authorized agreement with WSDOT is for $70,000. The estimated total
agreement is for $130,000.
BUDGET IMPACT: Costs are included in the previously approved budget
authorized by Council.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services
ATTACHMENTS:
1. JA6673 Supplement Authorization (PDF)
4.H
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09/26/2019
Carla Maloney, P.E.
City of Kent
Design Engineering / Public Works Department
220 Fourth Avenue South
Kent, WA 98032
SUBJECT: SR 167 – 224th Crossing
Request for Authorization to Amended Project Budget
Dear Ms. Maloney:
This amendment is in regards to your project account, Number JA6673, established with
the Washington State Department of Transportation (WSDOT) to cover our review,
inspection, and administrative costs for subject project activity within WSDOT Right of
Way.
The current amount authorized to cover WSDOT costs through project closure needs
increasing from $70k to $130k. This increase is necessary to cover our unbilled and
future costs. Our unbilled costs on this project are currently $42,929.09.
Unbilled cost represent costs exceeding the current authorized amount of $70k. Any
costs above current authorization remains unbilled and continue to accumulate until
amended to cover the overage plus future work.
By approving and signing this amendment, the City authorizes increasing the
authorized amount as noted above.
__________________________ ____________________ __________
City Representative Signature Title Date
Please contact Duffy McColloch at (206) 440-4713, McCollD@wsdot.wa.gov, if
additional information needed.
Sincerely,
Duffy McColloch
WSDOT – NWR
Local Agency/Development Services Engineer
4.H.a
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: October 8, 2019
TO: Kent City Council
SUBJECT: USGS Joint Funding Agreement
MOTION: Authorize the Mayor to sign a Joint Funding Agreement for Water
Resources Investigations between the City of Kent and the U.S. Geological
Survey in an amount not to exceed $82,510 subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: This is an on-going partnership with the City of Kent and the U.S.
Geological Survey (USGS) for stream data collection. For federal fiscal year 2020,
the City of Kent will contribute $82,510 to the total annual program costs of
$134,695 with the USGS and the City of Tukwila providing the remainder.
These gages provide valuable information on stream and weather conditions,
including water surface elevations, flow levels and amounts of precipitation. This
information is used to calibrate stream flow models and increase the accuracy of
stormwater flood projection models. The internet link allows staff and the public to
monitor stream flow levels from remote locations at real-time.
The stream flow measured at the Rock Creek and Kent-Kangley Road gage is
included in the Clark Springs Habitat Conservation Plan as a criteria to determine
the City’s augmentation of flows in Rock Creek from October through December.
This agreement will provide for operation, maintenance and data collection at six
gages. Two are located on Mill Creek, one on Springbrook Creek, two on Rock
Creek, and one on the Green River.
The gage information is available to the public real-time at
http://waterdata.usgs.gov/wa/nwis/current?type=flow
BUDGET IMPACT: Costs for this contract will be charged partially to the
water utility fund (Rock Creek gage) and partially to the stormwater utility
fund (Green River, Mill and Springbrook gages).
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services
4.I
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ATTACHMENTS:
1. USGS Exhibit City of Kent FY20 USGS JFA 9.18.19 (PDF)
4.I
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Form 9-1366
(May 2018)
U.S. DEPARTMENT OF THE INTERIOR
GEOLOGICAL SURVEY
JOINT FUNDING AGREEMENT
FOR
WATER RESOURCES INVESTIGATIONS
Customer #: 6000000723
Agreement#: 20YGJFA09800
Project#: YG00H1 U
TIN#: 91-6001254
Fixed Cost Yes
Agreement
THIS AGREEMENT is entered into as of the , 1 day of October, 2019 by the U.S. GEOLOGICAL SURVEY, UNITED
STATES DEPARTMENT OF THE INTERIOR , party of the first part, and the City of Kent , party of the second part.
1. The parties hereto agree that subject to availability of appropriations and in accordance with their respective
authorities there shall be maintained in cooperation a fixed-price agreement for the operation and maintenance of
streamgaging stations at the Green River, and Springbrook Mill and Rock Creek, herein called the program . The
USGS legal authority is 43 USC 36C ; 43 USC 50 ; and 43 USC 50b .
2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly
related to this program. 2(b) includes In-Kind Services in the amount of$
(a) by the party of the first part during the period
Amount
$41,535
Date
October 1, 2019
(b) by the party of the second part during the period
Amount
$82,-510
Date
October 1, 2019
to
to
Date
September 30, 2020
Date
September 30, 2020
(c) Contributions are provided by the party of the first part through other USGS regional or national programs , in the
amount of:
$NIA
Description of the USGS regional/nations program : USGS Federal Priority Streamgage Program
(d) Additional or reduced amounts by each party during the above period or succeeding periods as may be
determined by mutual agreement and set forth in an exchange of letters between the parties .
(e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between
the parties .
3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively
governing each party .
4 . The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by
an authorized representative of the party of the first part.
5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their
authorized representatives . The methods employed in the field and office shall be those adopted by the party of the
first part to insure the required standards of accuracy subject to modification by mutual agreement.
6. During the cqurse of this program, all field and analytical work of either party pertaining to this program shall be open
to the inspection of the other party , and if the work is not being carried on in a mutually satisfactory manner, either
party may terminate this agreement upon 60 days written notice to the other party .
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9-1366 (Continuation) Customer #: 6000000723 Agreement#: 20YGJFA09800
7. The original records resulting from this program will be deposited in the office of origin of those records . Upon request ,
copies of the original records will be provided to the office of the other party .
8. The maps , records , or reports resulting from this program shall be made available to the public as promptly as
possible. The maps , records , or reports normally will be published by the party of the first part. However, the party of
the second part reserves the right to publish the results of this program and , if already published by the party of the
first part shall , upon request , be furnished by the party of the first part , at costs , impressions suitable for purposes of
reproduction similar to that for which the original copy was prepared . The maps , records , or reports published by
either party shall contain a statement of the cooperative relations between the parties . The Parties acknowledge that
scientific information and data development as a result of the Scope of Work (SOW) are subject to applicable USGS
review , approval , and release requirements , which are available on the USGS Fundamental Science Practices
website (https ://www2 .usgs .gov/fspl).
9. Billing for this agreement will be rendered : QUARTERLY. Invoices not paid within 60 days from the billing date will
bear Interest, Penalties , and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982 , (codified
at 31 U.S .C. § 3717) established by the U.S . Treasury .
Name:
Address:
Telephone:
Email :
U.S. Geological Survey
United States
Department of the Interior
USGS Point of Contact
Mark Mastin
934 Broadway , Suite 300
Tacoma , WA 98402
253-552-1609
mcmastin@usgs.gov
Org Code: GGWNYG0000
Signature :
Date:
Name:
Title:
Cynthia Barton , PhD , LHG , LG
Center Director /1MYJ
Name:
Address :
Telephone :
Email :
Signature :
Date :
Name:
Title :
Signature :
Date :
Name:
Title :
Name of Customer
City of Kent
Customer Point of Contact
Mike Mactutis
220 4th Ave S
Kent , WA 98032
253-856-5520
mmactutis@kentwa.gov
Signature and Date:
4.I.a
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: October 8, 2019
TO: Kent City Council
SUBJECT: Information Only - 2019-2021 Department of Ecology
Stormwater Capacity Acceptance and NPDES Update
SUMMARY: The City of Kent is covered under the Western Washington Phase II
Municipal Stormwater Permit. This is a federal National Pollutant Discharge
Elimination System (NPDES) permit and a state discharge permit issued by the
Washington State Department of Ecology. The permit allows the City to discharge
stormwater to streams, rivers, and lakes as long as the conditions of the permit are
met. Public Works has been working to ensure that the City implements stormwater
management practices consistent with permit requirements.
The Department of Ecology released the new 2019-2024 permit in July of 2019 and
it became effective August 1, 2019. The new permit requires permittees to continue
to implement the programs required by the previous permit as well as develop new
programs and expand on existing program requirements.
The new programs include comprehensive stormwater planning, stormwater system
mapping and documentation and a source control program for existing
development. Existing programs will be expanded to include community-based
social marketing methods to effect behavioral changes for pollution prevention as
well as increased reporting, record keeping and data collection requirements.
The City of Kent has been offered a $50,000.00 grant from the Department of
Ecology Local Government Stormwater Grants Program. This grant is offered to
assist the city in the implementation of the Phase II Municipal Stormwater National
Pollutant Discharge Elimination System permit.
This is a no-match grant and the funds can be used for data collection, updating
stormwater regulations, source control, public education and outreach, illegal
discharges into the City’s stormwater system, and other activities consistent with
the NPDES permit program.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Thriving City, Evolving Infrastructure, Innovative Community,
Sustainable Services
4.J
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ATTACHMENTS:
1. Department of Ecology Water Quality Stormwater Capacity Agreement (PDF)
4.J
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Agreement No. WQSWCAP-1921-KentPW-00110
WATER QUALITY STORMWATER CAPACITY AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF KENT
This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter
referred to as “ECOLOGY,” and City of Kent, hereinafter referred to as the “RECIPIENT,” to carry out with the provided
funds activities described herein.
2019-2021 Biennial Stormwater Capacity Grants
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
This project will assist Phase I and II Permittees in implementation or management of municipal stormwater programs.
Project Long Description:
N/A
Overall Goal:
This project will improve water quality in the State of Washington by reducing stormwater pollutants discharged to state
water bodies.
$50,000.00
$50,000.00
$50,000.00
$0.00
07/01/2019
03/31/2021
Capacity Grant
4.J.a
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Page 2 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-KentPW-00110
2019-2021 Biennial Stormwater Capacity Grants
City of Kent
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
DUNS Number:
Mailing Address:
Physical Address:
Contacts
Organization Email:
City of Kent
91-6001254
020253613
220 Fourth Ave S
Kent, WA 98032
220 Fourth Ave S
Kent, Washington 98032
tdonati@kentwa.gov
Template Version 10/30/2015
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Page 3 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-KentPW-00110
2019-2021 Biennial Stormwater Capacity Grants
City of Kent
Laura Haren
Environmental Conservation Analyst
400 West Gowe Street
Kent, Washington 98032
Email: lharen@kentwa.gov
Phone: (253) 856-5537
Authorized
Signatory
Corey Frame
Financial Analyst
220 Fourth Ave S
Kent, Washington 98032
Email: cframe@kentwa.gov
Phone: (253) 856-5511
Billing Contact
Project Manager
Authorized
Signatory
Dana Ralph
Mayor
220 Fourth Ave S
Kent, Washington 98032
Email: dralph@kentwa.gov
Phone: (253) 856-5700
Template Version 10/30/2015
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Page 4 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-KentPW-00110
2019-2021 Biennial Stormwater Capacity Grants
City of Kent
Contacts
Project
Manager
Financial
Manager
Kyle Graunke
PO Box 47600
Olympia, Washington 98504-7600
Email: kygr461@ecy.wa.gov
Phone: (360) 407-6452
Kyle Graunke
PO Box 47600
Olympia, Washington 98504-7600
Email: kygr461@ecy.wa.gov
Phone: (360) 407-6452
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Water Quality
300 Desmond Drive SE
Lacey, WA 98503
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Page 5 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-KentPW-00110
2019-2021 Biennial Stormwater Capacity Grants
City of Kent
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things necessary
for or incidental to the performance of work as set forth in this Agreement .
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and conditions
of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws,
statutes, rules, regulations, and guidelines mentioned in this Agreement . Furthermore, the RECIPIENT has read, understood,
and accepts all requirements contained within this Agreement .
This Agreement contains the entire understanding between the parties , and there are no other understandings or representations
other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing , signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party .
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so
approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State
Department of Ecology
Water Quality
Date Date
City of Kent
Heather R. Bartlett
Mayor
Dana Ralph
By:By:
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Attorney General's Office
Program Manager
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Page 6 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-KentPW-00110
2019-2021 Biennial Stormwater Capacity Grants
City of Kent
SCOPE OF WORK
Task Number:1 Task Cost: $5,000.00
Task Title:Project Administration/Management
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements .
Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and
corresponding backup documentation; progress reports; and a recipient closeout report (including photos).
B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement , contracting, and
interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or
property rights necessary for the project; and submittal of required performance items.
C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and scheduling
project activities and assuring quality control. Every effort will be made to maintain effective communication with the
RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or
groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement .
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY’s grant and loan administrative requirements .
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement , quarterly progress reports, Recipient Closeout Report, and
two-page Outcome Summary Report. <br>
* Properly maintained project documentation.
Deliverables
Project Administration/Management
Number Description Due Date
1.1 Progress Reports that include descriptions of work accomplished, project
challenges, and changes in the project schedule. Submitted at least quarterly in
EAGL.
1.2 Recipient Closeout Report (EAGL Form).
1.3 Two-page draft and Final Outcome Summary Reports.
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Page 7 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-KentPW-00110
2019-2021 Biennial Stormwater Capacity Grants
City of Kent
SCOPE OF WORK
Task Number:2 Task Cost: $45,000.00
Task Title:Permit Implementation
Task Description:
Conduct work related to implementation of municipal stormwater National Pollutant Discharge Elimination System (NPDES)
permit requirements. If the RECIPIENT is out of compliance with the municipal stormwater National Pollutant Discharge
Elimination System (NPDES) permit, the RECIPIENT will ensure funds are used to attain compliance where applicable . The
following is a list of elements RECIPIENT’s project may include.
1) Public education and outreach activities, including stewardship activities.
2) Public involvement and participation activities.
3) Illicit discharge detection and elimination (IDDE) program activities, including:
a) Mapping of municipal separate storm sewer systems (MS4s).
b) Staff training.
c) Activities to identify and remove illicit stormwater discharges .
d) Field screening procedures.
e) Complaint hotline database or tracking system improvements.
4) Activities to support programs to control runoff from new development , redevelopment, and construction sites, including:
a) Development of an ordinance and associated technical manual or update of applicable codes.
b) Inspections before, during, and upon completion of construction, or for post-construction long-term maintenance.
c) Training for plan review or inspection staff.
d) Participation in applicable watershed planning effort .
5) Pollution prevention, good housekeeping, and operation and maintenance program activities, such as:
a) Inspecting and/or maintaining the MS4 infrastructure.
b) Developing and/or implementing policies, procedures, or stormwater pollution prevention plans at municipal properties or
facilities.
6) Annual reporting activities.
7) Establishing and refining stormwater utilities, including stable rate structures.
8) Water quality monitoring to implement permit requirements for a Water Cleanup Plan (TMDL). Note that any monitoring
funded by this program requires submittal of a Quality Assurance Project Plan (QAPP) that the DEPARMENT approves prior
to awarding funding for monitoring.
Monitoring, including:
a) Development of applicable QAPPs.
b) Monitoring activities, in accordance with a DEPARTMENT- approved QAPP, to meet Phase I/II permit requirements.
9) Structural stormwater controls program activities (Phase I permit requirement)
10) Source control for existing development (Phase I permit requirement), including:
a) Inventory and inspection program.
b) Technical assistance and enforcement .
c) Staff training.
11) Equipment purchases that result directly in improved permit compliance. Equipment purchases must be specific to
implementing a permit requirement (such as a vactor truck) rather than general use (such as a pick-up truck). Equipment
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Page 8 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-KentPW-00110
2019-2021 Biennial Stormwater Capacity Grants
City of Kent
purchases over $5,000 must be pre-approved by Ecology.
Documentation of all tasks completed is required. Documentation may include: field reports, dates and number of inspections
conducted, dates of trainings held and participant lists, number of illicit discharges investigated and removed , summaries of
planning, stormwater utility or procedural updates, annual reports, copies of approved QAPPs, summaries of structural or
source control activities, summaries of how equipment purchases have increased or improved permit compliance. Capital
construction projects, incentives or give-a-ways, grant application preparation, TAPE review for proprietary treatment systems ,
or tasks that do not support Municipal Stormwater Permit implementation are not eligible expenses.
Task Goal Statement:
This task will improve water quality in the State of Washington by reducing the pollutants delivered by stormwater to lakes ,
streams, and the Puget Sound by implementing measures required by Phase I and II NPDES permits.
Task Expected Outcome:
RECIPIENTS will implement measures required by Phase I and II NPDES permits.
Deliverables
Permit Implementation
Number Description Due Date
2.1 Documentation of tasks completed
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Page 9 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-KentPW-00110
2019-2021 Biennial Stormwater Capacity Grants
City of Kent
BUDGET
Funding Distribution EG200203
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Title:
State
Model Toxics Control Operating Account (MTCOA)
100%
Cap Grants-MTC Operating
Type:
Funding Source %:
Description:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant? No
Approved State Indirect Rate: 30%
0%
No
No
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
1921 stormwater capacity
07/01/2019 03/31/2021
Grant
1921 stormwater capacity Task Total
Project Administration/Management 5,000.00$
Permit Implementation 45,000.00$
50,000.00$Total:
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Page 10 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-KentPW-00110
2019-2021 Biennial Stormwater Capacity Grants
City of Kent
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%50,000.00 50,000.000.000.001921 stormwater capacity
Total $$0.00 50,000.00 $50,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification, they must provide an explanation as to why they cannot.
2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations .
4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction.
5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
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Page 11 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-KentPW-00110
2019-2021 Biennial Stormwater Capacity Grants
City of Kent
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
·Receives more than $25,000 in federal funds under this award.
·Receives more than 80 percent of its annual gross revenues from federal funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is
required to report the FFATA information for federally funded agreements , including the required DUNS number, at
www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
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Page 12 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-KentPW-00110
2019-2021 Biennial Stormwater Capacity Grants
City of Kent
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 7-1-2019 VERSION
1.ADMINISTRATIVE REQUIREMENTS
a)RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ."
(https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b)RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement .
c)RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d)RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent
and character of all work and services.
2.AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3.ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all
products supplied under the agreement, providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology’s public web site .
4.ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources .
The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural
artifacts discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement .
RECIPIENT shall:
a)Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project :
•For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor
Executive Order 05-05, Archaeology and Cultural Resources.
•For projects with any federal involvement, if required, comply with the National Historic Preservation Act .
•Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site.
b)If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
•Keep the IDP at the project site.
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Page 13 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-KentPW-00110
2019-2021 Biennial Stormwater Capacity Grants
City of Kent
•Make the IDP readily available to anyone working at the project site .
•Discuss the IDP with staff and contractors working at the project site .
•Implement the IDP when cultural resources or human remains are found at the project site .
c)If any archeological or historic resources are found while conducting work under this Agreement :
•Immediately stop work and notify the ECOLOGY Program , the Department of Archaeology and Historic Preservation at
(360) 586-3064, any affected Tribe, and the local government.
d)If any human remains are found while conducting work under this Agreement :
•Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, and then the
ECOLOGY Program.
e)Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting cultural resources and human remains.
5.ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT .
6.COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7.COMPENSATION
a)Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT .
ECOLOGY must sign the Agreement before any payment requests can be submitted .
b)Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement .
c)RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure .
d)RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY .
e)ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests .
f)ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g)RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk .
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h)ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement .
i)Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof,
has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement ,
as appropriate, or upon completion of an audit as specified herein.
j)RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement , all financial, performance, and
other reports required by this agreement. Failure to comply may result in delayed reimbursement.
8.COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a)RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of
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Page 14 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-KentPW-00110
2019-2021 Biennial Stormwater Capacity Grants
City of Kent
Washington which affect wages and job safety .
b)RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination.
c)RECIPIENT certifies full compliance with all applicable state industrial insurance requirements .
d)RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to
conform to that statute or rule of law.
9.CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10.CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement .
ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion .
11.DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a)RECIPIENT notifies the funding program of an appeal request .
b)Appeal request must be in writing and state the disputed issue(s).
c)RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal .
d)ECOLOGY reviews the RECIPIENT’s appeal.
e)ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision
will not be taken to Environmental and Land Use Hearings Office .
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
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Page 15 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-KentPW-00110
2019-2021 Biennial Stormwater Capacity Grants
City of Kent
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the
dispute resolution procedure outlined above.
12.ENVIRONMENTAL DATA STANDARDS
a)RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
•Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
•Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004
(Ecology Publication No. 04-03-030).
•Submit the QAPP to ECOLOGY for review and approval before the start of the work .
b)RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at:
http://www.ecy.wa.gov/eim.
c)RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at :
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata and project documentation.
13.GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14.INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that party's agents or employees arising out of this Agreement .
15.INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
16.KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17.MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
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Page 16 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-KentPW-00110
2019-2021 Biennial Stormwater Capacity Grants
City of Kent
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned
(WBE) businesses in purchases and contracts initiated under this Agreement .
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement :
a)Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b)Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c)Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d)Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18.ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19.PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of
this Agreement:
a)If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior
to production and distribution.
b)RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline .
c)If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic
requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY .
20.PROGRESS REPORTING
a)RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b)RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports .
c)RECIPIENT shall use ECOLOGY’s provided progress report format .
d)Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
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Page 17 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-KentPW-00110
2019-2021 Biennial Stormwater Capacity Grants
City of Kent
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
quarter being reported.
e)RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
21.PROPERTY RIGHTS
a)Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to
use the same for federal, state, or local government purposes.
b)Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c)Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials .
d)Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement .
e)Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property .
f)Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1.RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2.RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by
this Agreement.
g)Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment ,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition, purchase, or construction costs of such property.
22.RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a)Be kept in a manner which provides an audit trail for all expenditures.
b)Be kept in a common file to facilitate audits and inspections.
c)Clearly indicate total receipts and expenditures related to this Agreement .
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Page 18 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-KentPW-00110
2019-2021 Biennial Stormwater Capacity Grants
City of Kent
d)Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington ,
for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement .
23.RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work .
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT .
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement .
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24.SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to
this end the provisions of this Agreement are declared to be severable .
25.STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26.SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
27.SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement .
a)Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b)Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
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Page 19 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-KentPW-00110
2019-2021 Biennial Stormwater Capacity Grants
City of Kent
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28.TERMINATION
a)For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination .
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work .
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of
ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement .
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b)For Convenience
ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination .
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding
from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no
event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the agreement and any amendments .
If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination .
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c)By Mutual Agreement
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Page 20 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-KentPW-00110
2019-2021 Biennial Stormwater Capacity Grants
City of Kent
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
d)In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29.THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such .
30.WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
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