HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 8/6/2019
KENT CITY COUNCIL AGENDAS
Tuesday, August 6, 2019
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
**************************************************************
COUNCIL MEETING AGENDA - 5 P.M.
1. CALL TO ORDER / FLAG SALUTE
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
i. Employee of the Month
5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
A. Chief Administrative Officer's Report
6. PUBLIC HEARING
7. PUBLIC COMMENT
The Public Comment period is your opportunity to speak to the Council and
Mayor on issues that relate to the business of the city of Kent. Comments
that do not relate to the business of the city of Kent are not permitted.
Additionally, the state of Washington prohibits people from using this Public
Comment period to support or oppose a ballot measurement or candidate for
office. If you wish to speak to the Mayor or Council, please sign up at the
City Clerk’s table adjacent to the podium. When called to speak, please state
your name and address for the record. You will have up to three minutes to
provide comment. Please address all comments to the Mayor or the Council
as a whole. The Mayor and Council may not be in a position to answer
questions during the meeting.
8. CONSENT CALENDAR
City Council Meeting City Council Regular Meeting August 6, 2019
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - Jul 16, 2019 5:00
PM
2. City Council Meeting - City Council Regular Meeting - Jul 16, 2019
7:00 PM
B. Payment of Bills - Approve
C. Excused Absence for Councilmember Kaur - Approve
D. Excused Absence for Councilmember Troutner - Approve
E. Excused Absence for Councilmember Higgins - Approve
F. Set September 3, 2019 as the Date for the Public Hearing for the
“Lannoye” Property Surplus and Restrictive Covenant Removal -
Authorize
G. Set September 3, 2019 as the Date for the Public Hearing to Consider
the Surplus and Transfer of the Kronisch Property from the Parks
Department to the Public Works Department – Authorize
H. 2019 First and Second Quarter Fee-in-Lieu Funds – Authorize
I. Recreation Conservation Office Grant Agreement for the Service Club
Ballfields – Authorize
J. Agreement for Award of King Conservation District WRIA Forum Grant
- Downey Farmstead Restoration Project - Authorize
K. Consultant Services Agreement with Robert Half International -
Authorize
L. Consolidating Budget Adjustment Ordinance for Adjustments Between
March 1, 2019 and June 30, 2019 - Adopt
M. Dvorak Barn Concrete Foundation and Interior Framing Bid - Award
9. OTHER BUSINESS
10. BIDS
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. 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.
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Communications Manager
Dana Neuts worked with Kent Station to
promote and set up the celebration of Mayor
Jim White by unveiling his star in the Kent
Station plaza. She also worked with Michelle
Wilmot to promote and set up for the
Landmarks Commission hearing last week in
which the Lunar Rovers were granted landmark
status.
Neighborhood Program Coordinator
Toni Azzola and our Communications Intern are
preparing the Residential Parking Zones (RPZ)
for a portion of the Mill Creek neighborhood and
Glencarin Div. 1, Shadow Run and Jason Lane
neighborhoods. If a property owner/resident
lives on site, they will receive an RPZ brochure
that explains how the program works, four
reflective permits, 15 hangtag permits for
guests, an application for extra passes and a
letter confirming when enforcement will take
place. Residents who live in these
neighborhoods will have from September 1
through October 1 to make sure they are in
compliance.
On Monday, July 22, Mayor Ralph was
interviewed about Kent Walks by KING5. The
interview sparked multiple phone calls and
emails from neighborhoods throughout the City
looking for assistance with their neighborhood
concerns. The Neighborhood Program
Coordinator assisted residents with complaints
on barking dogs, animal feces, sidewalk
requests, ditches being filled, retention pond
access, landscaping, wetland maintenance,
park open space and pedestrian safety. So far,
only one neighborhood has expressed interest
in participating in Kent’s Neighborhood
Program and becoming formally recognized.
Community Engagement Coordinator
Uriel chaired the first South King County
(Census) Table meeting. Representatives from
the cities of Federal Way, SeaTac, Tukwila,
Burien, Auburn and Renton attended the
meeting. The goal of the South King County
Table is to create a concise community
engagement plan to reach historically
undercounted communities in preparation for
the 2020 Census. The South King County Table
will be meeting on a monthly basis.
Uriel has been in negotiation with potential
speakers for the City’s Equity & Inclusion
Speaker Series. The first confirmed speaker will
be Sylvia Mendez, a Presidential Medal of
Freedom recipient and an instrumental figure in
the Mendez vs. Westminster ruling - a landmark
desegregation case in 1946. Mrs. Mendez will
be speaking in Kent on November 14, 2019.
The second confirmed speaker will be Vishavjit
Singh, also known as Sikh Captain America. Mr.
Singh is a nationally recognized speaker who
brings a unique look into equity by focusing on
the power of stories and art.
Economic Development
The effort to designate the Apollo Lunar Rovers
historic landmarks received a great show of
support at the July 25 public hearing of the King
County Landmarks Commission - the
designation was approved unanimously.
ADMINISTRATION
ECONOMIC AND COMMUNITY
DEVELOPMENT
August 6, 2019
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Thanks to all who came out on a gorgeous
evening to support, provide testimony and
celebrate this history-making endeavor. It was
truly a team effort that wouldn’t have come
together without the excellent contributions of
many.
Below is a partial list of the very positive
coverage seen so far:
• One giant leap for preservation: Kent wins
landmark status for Boeing’s moon
buggies - Geek wire
• Reposted on Yahoo
• Apollo Lunar Rovers built in Kent receive
historic landmark designation – KING 5
• Kent gets landmark designations for lunar
rovers on moon – KIRO 7
• Reposted on Facebook page
• Kent-made Lunar Roving Vehicles
designated as historical landmarks - KOMO
• http://my.tvey.es/i7N8H - Q13
• Kent’s Lunar Roving Vehicles designated as
Historic Landmarks - ILoveKent
• One giant leap for Kent – Kent Reporter
Kent is the third entity in the country to have
objects on the Moon designated as landmarks
behind California and New Mexico. This
outcome is a fantastic way to honor the
expertise of those who built the Lunar Rovers
and a great win for Kent Valley. Next up – the
Washington State historic register.
Rental Housing Inspection Program
RHIP staff have been in contact with owners of
all 69 properties in the northern half of East Hill
that are subject to inspections in 2019.
Fourteen have been inspected so far, with 7
more scheduled for August. We issued our first
5 Certificates of Compliance this month.
Primary issues encountered so far are
improperly installed water heaters and smoke
detectors.
Postcards will go out next week to 408 multi-
family properties across the city to remind
landlords of the requirement to register their
properties, obtain a business license and
comply with RHIP.
Three other cities - Renton, Federal Way and
Bremerton have been in touch with RHIP staff
with the intent to adopt similar programs
modeled after Kent’s. Bremerton complimented
our program as “by far the most clear, easy to
administer, and affordable.”
Long Range Planning
After Council’s adoption of the Shoreline Master
Program on July 16, ECD staff submitted the
adopted amendments for the Department of
Ecology’s final approval on July 18. Staff also
submitted all close-out progress reporting and
documentation for the Department of Ecology
Shoreline Grant, which funded consultant work
on the project. Staff anticipates Ecology’s final
approval of the SMP amendments within 30
days.
Permitting
The Permit Center is now accepting electronic
plan submittals to replace paper
plans. Electronic plan review will save time and
money for the City and our customers.
The first phase of work to replace our aging
KIVA permit tracking system is underway. We
are working with IT and outside contractors in
a Discovery Phase, which will lead to roll-out of
a new system, known as Amanda. We are
excited for the pilot phase, which will begin in
late Fall.
Staff is reviewing permit applications for the
redevelopment of a portion of the Boeing Space
Center site in Kent.
Two new building plans examiners have been
hired to fill vacant positions and will start on
August 1 and September 1.
Year-to-date, ECD has issued 317 Franchise
Utility Permits, 262 Water and Side Sewer
Permits, 25 Civil Construction and Grade and
Fill Permits.
Year-to-date, ECD has
assessed/collected $1,552,000 in Traffic
Impact Fees, $1,175,000 in Drainage System
Development Charges and $1,442,000 in Water
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System Development Charges through the
permit review process.
July Building Permits Summary
• Inspections Completed: 1582
• Plan Reviews Completed: 622
• New Applications: 402
• Permits Issued: 383
Remove Local Administrative Access
This project will remove local administrative
rights from non-technical and non-critical
users.
Phone System Upgrade
This project will upgrade the City's current
phone system to ensure modern day business
system compatibility.
Information Technology operational support for
June 16 to July 30
• Number of tickets opened – 215
• Number of tickets closed – 211
Managed 139 cases that were set for trial in
July. Of those cases, 28 were confirmed for
trial, which resulted in 21 guilty pleas, 2
dismissals due to lack of witness participation,
and 5 continuances to future months due to
witness and officer unavailability. For the first
time in 8 months, no case proceeded to trial in
July.
Interviewed 47 civilian witnesses in anticipation
of the August jury term.
Issued Notices of Business License Revocation
to 10 separate businesses who had failed to pay
overdue fire permit fees despite numerous
reminders. Two of the 10 businesses came in
promptly and paid their past due fees; 3 were
scheduled for hearing before the City’s Hearing
Examiner on July 17, but each failed to appear,
which resulted in default orders revoking their
business licenses (The Mustang Shop d/b/a
TMS Performance & Dyno Tuning; Used Car
Repair; and, Bing Xing, Inc., d/b/a Kent Super
Buffet). Five others are set for hearing before
the Hearing Examiner on August 14,
(Montessori World; JP Logistics, Inc. d/b/a ALF;
Kollmar Sprinter Solutions; The H Bros; and,
East Hill Convenience Center d/b/a Kangley
Chevron).
Attended service of a search warrant with KPD,
Auburn PD, and the FBI on a pawn shop on the
East Hill of Kent and an associated warehouse
in the Kent Valley. The owners of the pawn shop
are alleged to have bought stolen goods from
thieves and then resold the goods online
through Amazon, eBay, Mercari, etc. After the
search warrant, a Notice of Business License
Revocation was posted at the pawn shop and
warehouse.
Prepared a collaborative training with the HR
Department on managing performance and
discipline in a unionized workforce and
presented that training to supervisory staff
within Public Works Operations.
Researched 8 properties set for foreclosure this
year due to delinquent payments on their Local
Improvement District assessments. Prepared
letters to lenders on those properties advising
them of the delinquent payments and that their
secured interests are in jeopardy if the City
forecloses on the delinquent assessments. Last
year, similar letters to the affected lenders
resulted in all accounts being brought current
and alleviated the need for the City to prepare
and file a superior court complaint seeking to
foreclose on the properties. Thus far,
homeowners of 3 of the 8 delinquent accounts
have cured their delinquencies.
Continued to assist the City Clerk’s office with
public records requests, and Public Works, ECD,
and Parks with several high priority
development projects, including property rights
and access issues involving Naden Avenue.
Recreation
The Senior Center’s commercial kitchen,
providing service to the Deli and Café program
as well as rental groups, received an “Excellent”
INFORMATION TECHNOLOGY
LAW
PARKS, RECREATION, AND
COMMUNITY SERVICES
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rating for the fifth year in a row from King
County Public Health Food Safety.
The summer day camp program, Camp
WALKAPALA, has gotten off to an amazing start
with an average of 83 campers per week!!
Participants have enjoyed art and science
projects; an exceptional introduction to music
through the Spotlight Series with Speed
Control; also, fieldtrips to MoPop, Remlinger
Farms and Family Fun Center. STEAM projects
with the 4th – 6th graders have been well
received. Campers particularly enjoyed the
classic egg drop experiment and building
earthquake sustainable structures.
No one is left out when it comes to having
summer fun! Children with disabilities or other
special needs are welcomed and encouraged to
participate in the Camp WALKAPALA Too
program. Campers are included in all the
general summer day camp activities but with
smaller camper-to-staff ratios that allow for
breaks or more specialized attention as needed.
This organic camp program makes inclusion
and acceptance very easy and natural for ALL
participants.
Twelve adults with disabilities hopped the Mt.
Rainer train in Elbe to tour the Logging
Museum. This is part of the summer Trips and
Tours and Monday Adventures program.
Comments like “without these trips I would not
get to do anything outside the house” validate
what a difference recreation programs are
making in the lives of our residents with
disabilities.
Recreation isn’t just fun and games. More and
more frequently, staff are finding themselves in
challenging and sometimes very threatening
situations. Most recently, staff (Dave Hobbs) of
the HERO Program, a mobile recreation
program that visits some of Kent’s highest
needs apartments, parks and neighborhoods,
was at Valli Kee Apartments when gun fire
erupted. Dave, along with part-time staff
guided approximately 20 children to safety and
into a secure, locked down location until police
arrived. Dave is applauded for swift thinking in
insuring staff and the children in his care got to
safety.
Lake Meridian Beach Season is in full operation.
Since opening on June 26, over 12,000
swimmers have visited the beach with over
3,800 people in the water on the Fourth of July!
Safety is the primary goal at the beach and the
loaner life vest program helps keep everyone
secure in the water. Guards have issued over
300 life vests so far, this season! The
supervised beach program employs 21 life
guards who support the beach 7 days per week,
12:00pm-7:00pm through Labor Day
(September 2).
The annual Volunteer Appreciation Party was
held July 17 at the Kent Valley Ice Centre. The
event celebrates the contributions of over
1,000 volunteers who average 92,000 hours of
service annually… a financial value of over $1.3
million dollars! This exceptional group of
volunteers’ coach youth sports teams, mentor
youth in our community, assist at the Senior
Center, deliver meals on wheels, clean-up
parks and a variety of other tasks. Staff cooked
and served hot dogs and hamburgers for 300
volunteers in attendance while participants
enjoyed ice skating, miniature golf, and batting
cages.
The Kent Summer Concert series kicked off on
July 10 with a performance for kids and families
by Tickle Tune Typhoon. This “Wednesday
Picnic Performances” favorite drew a crowd of
approximately 500 to Town Square Plaza on a
very rainy day to celebrate the band’s 40th
anniversary year. A very dedicated crowd of
150 people braved pouring rain to see Alex
Zerbe’s physical comedy show on July 17, and
Roberto the Magnificent entertained
approximately 300 people on July 24.
Culture Shock opened “Thursdays at the Lake”
with tropical Latin American hits and exotic
dance rhythms on July 11. Rainy skies kept the
crowd to about 300 people. Similarly,
approximately 350 braved the threatening
weather on July 18 for Americana swing music
from Birch Pereira and the Gin Joints. The
Summer Concert Series finally had a nice sunny
day on July 25 for country rock artist Aaron
Crawford, who drew 750 to Lake Meridian.
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The 2019 Cornucopia Days 5K Run was held
July 13 and hosted runners and walkers on the
Green River Trail. 450 of the 496 registered
participants, started and finished at the Old
Fishing Hole. Sponsorship was strong with Kent
Bowl once again generously paying for all
participants age 60 and over.
The new Kent Creates exhibit, “Look Up,” is
accepting submissions through September 30.
The top five submissions will receive featured
status and a $200 honorarium each.
Human Services
Staff is representing North/East/South King
County on the Continuum of Care (CoC)
Application and Ranking Committee for
Seattle/King County. HUD recently released the
Notice of Funding Availability (NOFA) and the
committee is now working on the application.
There will be a Permanent Supportive Housing
bonus and a Domestic Violence bonus for this
year, like last year. As part of the application
process, committee members must prioritize
our projects into two tiers. Tier one will include
94% of our currently funded programs and
those are almost certain to be funded through
the renewal process. 6% of our currently
funded programs must be placed in tier two and
those projects would be considered more at
risk. (Our annual renewal amount for the
County is $42,997,915.) The committee has a
goal of maintaining as much HUD Continuum of
Care program funding in our CoC as possible,
and promoting our goals of reducing racial
disparities.
Staff continues to participate in the homeless
system regional governance structure
transformation process. Seattle and King
County are currently working through
procedural steps that must be followed to stand
up the new organizational structure. The City
and County need to enter into an Interlocal
Agreement on their respective contributions to
the new organization. King County will then
need to pass a charter that does the legal work
of establishing a new Public Development
Authority as the basis of the new organization.
Once that is complete the City of Seattle, King
County, and any other local jurisdictions that
wish to join would sign ILA’s directly with the
new organization. Many key issues remain to be
worked out, including the structure of the
governing board, and sub-regional
participation. Currently Seattle and King
County’s “homeless crisis management”
functions will transfer over, including
prevention and diversion programs, support
services, and services attached to permanent
supportive housing. Continuum of Care
functions will also transfer, including
responsibility for the annual Point in Time
count, Coordinated Entry, and the
Homelessness Management Information
System (HMIS).
Staff Changes
Hiring/Retirement/Recruitment/
Leaves/Promotions
• Entry Level Police Officer Douglas Hicks
starts on August 1.
• Entry Level Police Officer Matthew
Crawford starts on September 3.
• Corrections Officer Derek Lind starts as
an Entry Level Police Officer on
September 3.
Significant crime
Activities/Arrests/Investigations
On July 21, a subject was detained and charged
with Assault in the second degree in Meridian
Valley Country Club for strangulation of a
female victim. A Good Samaritan that lives in
the Country Club was flagged down by the
female as he was driving in the South gate.
She jumped in the witness vehicle to flee being
actively assaulted.
On July 21, witnesses reported a male exit a
white/cream sedan (possible Nissan Altima), rip
off his shirt and shoot toward a residence,
striking two unoccupied vehicles. Five casings
of 9mm were located at the scene. Surveillance
video was captured from an adjacent residence
of the suspect vehicle. The case was referred
to Detectives.
On July 23 and July 24, two males allegedly
committed suicide by stepping in front of an
oncoming train.
POLICE
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On July 24, A male was taken to hospital for
attempted suicide the evening before. His wife
had arrived home and found husband naked
and holding a gun. She observed blood on his
chest area and left the residence. Several units
responded. According to the wife he has
threatened suicide with a gun 5 times prior. A
drone was sent in along with a robot and found
male standing with a gun to his chin. Officers
were able to talk him out of the unit and get
him in treatment.
An inmate was transported to Valley Medical
Center for head injury evaluation after flooding
his cell at CKCF. When an officer opened the
door, the inmate started throwing punches at
the officer. The inmate continued to fight and
additional strikes by officers were thrown.
Multiple officers arrived and were able to get
him under control. Two officers sustained
injuries and were treated at Valley Medical
Center.
Major Emphasis Patrol
On July 11, SOU ran emphasis resulting in a
seizure of over a pound of heroin and meth and
coke along with 2 stolen guns, a Cadillac, and
roughly $12,000.
Patrol ran a 3-day racer emphasis July 26-28
with the help of Auburn PD, Renton PD, Tukwila
PD and WSP. Racers had allegedly been invited
to Kent from all over Washington, Oregon, and
Idaho. The initial stats are:
Friday:
• 1 DWLS arrest
• 9 traffic citations written
• 36 Field Interviews conducted
• 2 criminal traffic arrests
• 1 DUI arrest
• 1 vehicle impounded
Saturday:
• 2 DWLS arrests
• 22 traffic citations written
• 39 field interviews conducted
• 5 criminal traffic arrests
• 1 DUI arrest
• 5 vehicles impounded
Sunday:
• 3 field interviews conducted
School Issues
On July 12, two juvenile males were detained
and charged with tagging Emerald Park
Elementary with spray paint in various areas
including the basketball court.
Events and Awards
Officers Will Davis and Taylor Burns received
lifesavings awards at City Council on July 16.
Sergeants Tim Lontz, Eric Tung and Matt
Wheeler received commendations for their
management of a large motorcycle gang party
on 6/8.
Other
The Kent Police Facebook page received a
message from a citizen commending Officers
Axelson and Ross for their "kindness and
compassion" while dealing with her "manic"
daughter during a Welfare Check. The message
read that the officers’ actions "Restored my
hope in humanity”.
Land Survey & GIS
The Land Survey department has been
mapping for the 76th Ave driveways and work
continues the topography for the 2019 Water
Project. Land Survey office staff continue to
review plans and specifications for Capital
Improvement Projects, as well as performing
boundary calculations, writing legal
descriptions, and preparing exhibits for
easements and right-of-way. GIS/Survey
Technician continues field mapping and
updating water and cross-connection assets for
the GIS.
The GIS department has a transitioning GIS
Analyst II, Dana Son, moving to the IT
Department on August 1 as the new GIS Spatial
Applications Analyst. This position will allow
GIS and IT to work collaboratively and bring
new technologies to the city. GIS is working in
collaboration with other departments such as
Parks and Transportation to help their GIS
Interns with their projects. GIS analysts have
continued to input backlogged as-built
infrastructure data into the GIS system,
performed public records requests, and 6,589
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city signs have been collected to date for the
Sign Inventory Project. GIS coordinator has
completed the asset data models for the
Cityworks Public Works project so that the
consultant can begin configuration. GIS
supervisor participated in the Regional Sound
to Summit GIS Committee monthly.
Construction
LID 363: S 224th St Improvements – 84th Ave
S to 88th Ave S (Ph 1), 84th to SR 167 – tree
and shrub planting in the pond area is ongoing.
SR 167 Bridge – bridge pedestrian rail
installation is ongoing. SR 167 – temporary
jersey barrier removal and final striping
realignment is scheduled to take place at night
this week. SR 167 to 88th – tree and shrub
planting is ongoing.
LID 363: S 224th St improvements – 88th Ave
S / S 218th St improvements – S 222nd St to
94th Pl S (Ph 2), concrete retaining wall
construction on the south side of 218th St at the
new culvert crossing is ongoing, and will
continue for several weeks. Excavation for the
retaining wall footings on the north side of 218th
St is ongoing. Two Garrison Creek culvert test
piles have been accepted. Placement of the
remaining 14 piles will continue for another
three weeks. Existing culvert is scheduled to
begin removal 8/5. Grading for sidewalk along
the new section of roadway from the Phase 1
project to 93rd continues. S 218th St from 93rd
to 94th Pl closed on July 8 and is expected to
reopen by September 30. 88th Ave from the
new bridge to 218th (up to 93rd) is paved and is
now open to traffic.
Cambridge Reservoir Recoating and Fall
Protection Improvements: The exterior primer
coat and two intermediate stripe coats are
complete. Stripe coats are applications of extra
paint to edges, welds, fasteners, and other
irregular areas. Application of the main
intermediate epoxy coat is underway and is
anticipated to conclude this week. Finish coat is
anticipated to start August 5, and take
approximately two weeks.
228th St. Union Pacific Railroad Grade
Separation Ground Improvements and
Embankments (Ph 4 of 5), Westside watermain
tie-ins are in progress. Coordinating water
outages with effected properties for connection
to the new system. Westside fill for vertical
walls began last week and will continue for the
next several weeks. Starting watermain
installation on the east side of the tracks next
week. Opened new Pacific Metals / FloForm
driveway last week.
Upper Mill Creek Dam Improvements and
Diversion Structure Replacement -forming and
pouring of cast-in-place concrete stilling basin
and diversion channel structures are ongoing
and will continue for several weeks.
640 Pressure Zone Booster Station -
installation of internal piping is ongoing.
Prefabricating truss roofing segments on the
ground awaiting to be lifted/set when the walls
are ready.
2019 Asphalt Overlays paving is
complete. Traffic loop installation and final
channelization markings are scheduled for the
middle of August. Raising metal manhole
covers and valve boxes is ongoing at several of
the project locations.
2019 Sanitary Sewer CIPP Lining - Sanitary
sewer CIPP lining is ongoing in the Linda
Heights neighborhood. Project limits are from
S 240th St to S 251st Pl between Military Rd and
I-5. The CIPP work is continuing to go
according to the schedule. Last week the
contractor installed another 1900-ft of liner to
bring the total to 6500-ft, which is 55% of the
expected total. Mailers, door hangers, variable
message signs, and social media employed to
notify the public.
Green River Natural Resource Area (GRNRA)
Storm Water Force Main -large diameter storm
pipe installation is underway and will continue
for several weeks on James St between 64th
Ave and Lakeside Blvd. 700 Feet of 30” storm
water force main pipe has been laid from 64th
St to the James St culvert. Subcontractor,
Gonzales Co., is working to bore a 40” steel
casing under the James St culvert. James
Street between 68th Ave S and the ice rink will
be closed beginning the week of July 15
through the end of August.
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Morrill Meadows Park / East Hill Park
Renovation & YMCA (10600 SE 248th St)
– Paving of 248th is taking place this
week. Casting adjustments will follow, and
final striping will proceed after the new
asphalt’s 21-day cure period.
GRE West Meeker (64th & Meeker) – On-site
work is ongoing. Frontage improvement work
on Meeker St is underway. Impact to traffic on
Meeker St will be ongoing for several weeks.
Blue Origin (21601 76th Ave S) – On-site work
and building construction are ongoing. Off-site
utility connections and frontage work is
continuing 76th Ave.
Transportation
Staff represented the city at the King County
Project Evaluation Committee (KCPEC).
Staff attended the Rally the Valley Advisory
Panel Meeting #4 and the Rally the Valley Staff
Working Group meeting.
Staff submitted initial comments on potential
RapidRide I bus stops, capital improvements
and non-motorized access to transit projects to
King County Metro.
Chris Roberson started as a Transportation GIS
Intern. Chris will be assisting with data updates
and analysis.
Staff attended an Outreach Workshop for the
Transportation Master Plan (TMP) update, and
materials are being prepared for public
outreach events in August and September.
Staff are coordinating with King County Metro
for the new Route 1514 implementation.
Staff will be meeting with Hopelink to discuss
the Transportation Master Plan update.
Traffic Engineering
Staff provided comments on Metro’s
infrastructure modification proposals for Rapid
Ride I.
Staff attended a meeting with WSDOT to
discuss future options for the I-5/S 272nd St
interchange.
Staff are working with Police to implement
automated noise monitoring devices designed
to deter street racing.
Signals, Illumination and ITS
Electrical contractor installed temporary video
detection system for the EB approach at 64th
Ave S & Meeker St as part of the GRE
development project. The temporary video
detection has been programmed and is in
operation until new loops are installed.
New Cobalt controllers have been installed at
all 34 intersections identified in the Kent Valley
Signal System Upgrade Project.
Received confirmation from street light pole
manufacturer that the replacement poles for
the S 196th St bridge have finally been
scheduled for build.
One of the two crosswalk flashers on 72nd Ave
S was vandalized. The anchor bolts were
removed so the pole could be pushed over to
steal the solar panel mounted at the top of the
pole. There was no other damage to the pole or
equipment and crosswalk operation has been
restored.
Provided emergency vehicle preemption
(Opticom) operational records to KPD for a
crash that occurred when emergency vehicles
approached an intersection from three different
directions.
Completed final electrical inspection on the
street lighting portion of the Leber development
project so the contractor could weld the
underground junction boxes shutoff.
Design
Under Deck Lighting at James Street -bids
opened July 9, apparent low bidder is Titan
Earthworks at $234,477, engineers estimate is
$324,720. Evaluating cost of project before
proceeding toward award.
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212th East Valley Highway to 72nd -working
with Railroads to secure necessary permits.
Submitted project prospectus to WSDOT.
Design progressing on signal plans, ADA ramps
and Maximum Extent Feasible (MEF)
documentation. 60% review set scheduled for
distribution this week. Gathering information to
prepare Right-of-Way package submittal.
4th and Willis Roundabout and Joint Utility
Relocation projects -joint utility contract ready
to advertise, working with WSDOT to obligate
money. Traffic Control Plans for utility
relocation project approved by WSDOT.
Finalizing scope of work with drainage
consultant.
West Hill Reservoir -preparing for PW and Parks
committee meetings and council meeting
regarding the transition of the property.
Notification to nearby property owners about
change in property use to be sent this week.
Consultant selection for design is underway.
Internally coordinating for other related
projects (transmission main and booster
station).
Meet Me on Meeker East -preparing documents
to send to WSDOT to obligate funds for design.
Skyline Sanitary Sewer - Kent School District
working with ECD for sewer connection. Design
is coordinating efforts with ECD. Wrapping up
contract documents with design firm to analyze
the basin.
2020 Overlays -working with shops on locations
and gathering data to begin curb ramp design.
76th St. Road Raising and Culverts -design
progressing from S.223rd at RR spur to S.212th
St., coordinating with right-of-way team.
Preparing grant application documents to
submit road raising portion for Transportation
Improvement Board (TIB) grant.
Naden Site and Access -meeting between
Parks, ECD and PW to discuss/decide design
elements needed for property negations with
developer – roadway section and location on
site discussed.
Streets
Street Maintenance crews are paving asphalt
inlays on 132nd Ave SE, SE 280th St, 101st Ave
SE and 103rd Ave SE. They will also be installing
an asphalt berm on S 204th St. The Concrete
Crew will be assisting Street Maintenance on
132nd Ave SE, SE 280th St, 101st Ave SE and
103rd Ave SE with paving and hot patch inlays.
They will be repairing handrails on SR 515, a
trip hazard on Kent Kangley Rd, and have
installed the concrete star to be used for the
Memorial at the Kent Station.
The Street Signs and Markings team are placing
reader boards out on Military Rd S, removing a
bush and a tree trunk for sign installations on
144th Ave SE and installing a sign for order
#18-067 on W Meeker St. The Retro
Reflectivity crew will be mounting signs with
metal bands onto light poles on SR 516 and
focusing on signs and locates on SE 266th St,
SE 264th Pl, Kent Kangley Rd, 116th Ave SE and
on 114th Ave SE. The Solid Waste crews will be
removing debris and illegal signs on Hwy 99, SE
274th Way, Pacific Hwy and on 124th Ave SE.
Vegetation crews will be performing
maintenance at Kent water sites and drainage
areas city wide. Street vegetation is focusing on
maintenance on 64th Ave S, E Maple St, E
Walnut St, State Ave N, E George St, SE 213th
Pl, 103rd Pl SE, 100th Ave SE, SE 276th St, 132nd
Ave SE, the people path on Bristol Ct and
Carnaby St and our downtown alleyways. Our
sidearm mowers will be focusing primarily on
SE 256th St, 144th Ave SE, SE 152nd St, SR 515,
S 272nd St, 100th Ave SE, SE 216th St, S 218th
St, 92nd Ave S, S 200th St, 148th Ave S, SE 204th
St, SE 224th St, SE 222nd St, Military Rd S, and
Lake Fenwick Rd before moving on to adjacent
roadways.
Wetland Maintenance crews will be performing
summer maintenance at various wetland and
drainage locations and Wetland Mitigation
crews are doing maintenance at the Lake
Meridian Outlet channel and wetlands. They
continue their work at the Green River Natural
Resource Area and at the Leber site on W Valley
Hwy, and they are running the irrigation
systems at Alvin’s Pond, Leber and the Frager
Rd Upper Mill Creek Dam. Weather depending,
the spray truck will be out on 116th Ave SE, SE
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208th St, W James St, W Meeker St, Veterans
Dr, S 196th St and on Military Rd S.
Water
Water staff are working with Scarsella Bros.
and a local potable water diving company to
repair a water main leak on the discharge line
at our Garrison Creek reservoir. The water
isolation valve leaving the reservoir is not
providing a tight enough seal to allow for the
water line to be cut out and replaced, so a
diving company will insert a temporary plug in
the reservoir discharge pipe to allow for the
work. A new valve will be installed along with
the repair. Staff are also installing 450 feet of
new 8-inch water main between Hwy 167 and
W Valley Hwy through an easement at the WA
State Department of Transportation
facility. This is the first phase in a two-phase
project that will provide an additional fire flow
supply to our customers in the southern end of
the water system. Additionally, a conditional
use permit was received to site a new water
storage tank on the West Hill at 248th St and
38th Ave. S on a site known as the Kronisch
Property. Staff are working on the next steps
for property acquisition and consultant
selection to begin design of the new water tank.
Storm
Storm crews will be cleaning lines in advance of
the TV Truck on S 199th Pl, S 190th St, S 194th
St, 66th Ave S and S 196th St, removing debris
from the pipe so that clear video can be taken
of the structure’s interior. They will be installing
a storm line and lowering a catch basin at 40th
Ave S, digging a ditch and pond at the Park
Orchard Park as well installing a
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Pending Approval
City Council Workshop
Workshop Regular Meeting
Minutes
July 16, 2019
Date: July 16, 2019
Time: 5:00 p.m.
Place: Chambers
I. CALL TO ORDER
Attendee Name Title Status Arrived
Dennis Higgins Councilmember Present
Les Thomas Councilmember Present
Bill Boyce Council President Present
Dana Ralph Mayor Present
Satwinder Kaur Councilmember Present
Brenda Fincher Councilmember Present
Toni Troutner Councilmember Present
Marli Larimer Councilmember Present
II. PRESENTATIONS
1. Rapid Ride I/Mobility Plan
April Delchamps, Senior Transportation Planner and Greg McKnight,
RapidRide I Line Project Manager, provided the Council with information
regarding the RapidRide I Line.
RapidRide is a robust arterial bus rapid transit service that is the "Best of
Metro," has high quality service and facilities, employs state-of-the art
innovations, travels natural transportation corridors, has the highest level of
speed and reliability investments among Metro services and partnerships
with local jurisdictions.
RapidRide I Line is the next project coming to Renton, Kent and Auburn.
Planning during 2019, preliminary design 2019-2020, final design and
construction 2021-2023, and service to start in September of 2023.
In anticipation of the RapidRide service, Metro is working on the Renton-
Kent-Auburn Mobility Plan to best serve the mobility needs of the region.
There is a focus to increase network efficiency and investment in equity
priority areas and to develop a network of mobility services. The goal is to
create a single route from Renton to Kent to Auburn to be upgraded to the
RapidRide I Line. The timeline was reviewed.
The first assessment phase was completed in June. Metro collected feedback
and shared project information to the Kent City Council, City staff, a Mobility
Board was convened, members for a Partnership Review Board were
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City Council Workshop Workshop Regular
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Minutes
July 16, 2019
Kent, Washington
Page 2 of 5
recruited. There were stakeholder interviews, tabling events, outreach at 30
bus stops and surveys conducted.
Metro is getting the word out through a press release to local media,
targeted media release to ethnic media, information posted on King County
Metro website and blog, jurisdictional newsletter and tabling at community
locations.
Key themes and feedback from outreach included:
· Feedback on RapidRide alignment, including Canyon Drive vs James Street
pathway
· Consider need for service investment, improve transit service coverage
through Kent, east-west connections and service frequency
· Ensure RapidRide stations serve important local destinations, including
regional transit centers and services providers
· Continue engagement strategies to prioritize historically underserved
populations
McKnight provided details on plans to provide security at bus stops.
Summer outreach and engagement included:
· Providing information and gathering input at community events
· I Line online open house
· Renton-Kent-Auburn Area Mobility Plan survey
· Mobility and partner review boards
What's next?
· Concept Development Phase through early September
· Ongoing Outreach and Engagement during the summer
· Mobility Board in September
· Kent City Council briefing anticipated in October to update on corridor
concept and plan development
· Coordination with City Staff will be ongoing.
McKnight indicated lots of lessons have been learned and Metro is doubling
down on what they are calling this RapidRide investment.
McKnight addressed the Council’s concerns over security and crime and
indicated better east/west connections throughout the day is one of the focus
areas for concepts.
McKnight advised Metro is looking at changes to dial a ride, the pilot last mile
program, a fixed network and other services and how RapidRide will connect
to Sounder and link light rail.
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City Council Workshop Workshop Regular
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Minutes
July 16, 2019
Kent, Washington
Page 3 of 5
There was discussion on how the connection from the Renton transit center
to Seattle will happen.
2. Rally the Valley Vision
Hayley Bonsteel, Long Range Planning Manager, provided a brief introduction
to the Rally the Valley presentation.
Bonsteel indicated the Mayor and Council are invested in this project and this
is the time to change the way we invest and think about valley.
First draft deliverables include strategic issues, goals to address those issues,
and an overarching vision. Bonsteel indicated that staff needs agreement on
the fundamental issues at play, the directions our solutions need to point and
the overall vision we are trying to achieve.
Danielle Butsick, Long Range Planner, introduced the strategic framework -
the overarching piece that will guide how we think about and articulate
issues and will guide how we move forward. Butsick indicated she will be
introducing each of the problem statements - existing conditions, the goals to
address the issues and that the goals will be tied into one cohesive vision.
Strategic Issue #1
Kent has a unique concentration of industrial land and infrastructure; absent
other significant economic activity, and combined with state-imposed
limitations on revenue, more diverse and resilient forms of funding are
needed.
Kent, state and region made investments in industrial infrastructure in the
valley. The State legislature rules on taxes to collect and how to spend
revenue.
Sales tax is the primary source of revenue - more flexible to use for
maintenance of access - need to look at diversifying funding sources.
Goal #1
Optimize the City’s financing mechanisms to support public services and
infrastructure that keep the City financially resilient and the valley
productive.
Butsick indicated we need to identify opportunities and make a lot of small
changes. Possibly utilize LIDS, community facility districts, transportation
benefit districts and look at how we market businesses.
How do we focus our resources for creating a habitat for businesses?
Strategic Issue #2
The Kent Valley lacks visible cues of the high value of business activity taking
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City Council Workshop Workshop Regular
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Minutes
July 16, 2019
Kent, Washington
Page 4 of 5
place. The visual experience of the Kent Valley can be disorienting, and
signals indifference rather than investment in a shared vision.
Goal #2:
Elevate people’s experience of the Valley by introducing visible cues of
dynamic business activity and desirable amenities.
Larimer suggested reviewing property restrictions on signage.
Strategic Issue #3
The City’s land use policies and regulations fail to encourage market-based
opportunities for new economic activity and preclude firm diversity.
Goal #3
Encourage more business types, uses, and economic activity to complement
the City’s current strengths as a manufacturing and industrial hub.
Butsick suggested simplifying code. There is a demand for industrial land in
the valley. It’s reasonable for Kent to say we want to work with you to make
a better industrial valley - maybe put business uses on property next to
warehouse, contribute to low income housing fund to help community.
Strategic Issue #4
The physical and built environment presents human safety and connectivity
challenges impacting worker well-being and commerce.
Goal #4:
Invest in a public realm that supports people and their activities
Draft Vision:
The Kent Valley is recognized as a thriving, economically resilient industrial
ecosystem; a center for productive business; and a healthy, desirable place
to work.
Butsick indicated we need to think about who the vision should be focused
on. The Valley is Kent’s employment center and it should be all about the
workplace environment. There should be connections to business and
connections between the Valley and the rest of the City.
Council discussed possible variations to the vision that would include all of
Kent.
Bill Ellis, Chief Economic Development Officer advised of the plan to update
the business community. Ellis is working with partner jurisdictions to create
a brand for the valley.
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City Council Workshop Workshop Regular
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July 16, 2019
Kent, Washington
Page 5 of 5
Ellis indicated he is speaking to major developers, real estate development
and businesses at large. There is broad support on Rally the Valley Subarea
Plan.
3. Human Services Master Plan/CDBG Plan
Merina Hanson, Parks and Human Services Manager, provided the Council
with a brief presentation on the 2020-2024 CDBG Consolidated Plan and
Human Services Master Plan.
Hanson indicated the CDBG Consolidated Plan process serves as the
framework for a community-wide dialogue to identify housing and community
development priorities that align and focus funding from the CDBG program.
The Human Services Master Plan provides the blueprint for the City’s General
Fund investments in our community over the next four years.
The timeline for both plans include data collection & analysis, prioritization
and strategies, draft report, approval process and submitting the report. The
department is currently prioritizing strategies and moving into a draft report.
The department has expended the most energy on community engagement
and outreach. Hanson reviewed the completed and pending work on
community engagement and outreach.
Hanson indicated that Lori Guilfoyle has done the vast majority of community
engagement, along with the help of Dinah Wilson. Hanson advised that a
consultant will be reaching out to the council to provide individual feedback.
Hanson reviewed feedback trends to date, including gaps in services and
priorities. Common themes include equity, resilience and well-being (links
between culture, arts, social networks, prevention, and well-being), and
opportunity fund (consider adding for emerging or innovative programming).
Hanson advised she will be back for a lengthy workshop presentation in
September.
Meeting ended at 6:41 p.m.
Kimberley A. Komoto
City Clerk
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Pending Approval
Kent City Council
City Council Regular Meeting
Minutes
July 16, 2019
Date: July 16, 2019
Time: 7:04 p.m.
Place: Chambers
1. CALL TO ORDER / FLAG SALUTE
2. ROLL CALL
Attendee Name Title Status Arrived
Toni Troutner Councilmember Present
Marli Larimer Councilmember Present
Bill Boyce Council President Present
Satwinder Kaur Councilmember Present
Dennis Higgins Councilmember Present
Les Thomas Councilmember Present
Brenda Fincher Councilmember Present
Dana Ralph Mayor Present
3. AGENDA APPROVAL
A. Approve the agenda as amended.
Derek Matheson, Chief Administrative Officer, removed Consent Calendar 8B
- Excused Absence for Councilmember Kaur from the agenda.
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher
4. PUBLIC COMMUNICATIONS
A. Public Recognition
1. Lunar Rover Landmark Presentation
Michelle Wilmot, Economic Development Project Manager, provided a brief
introduction to the Lunar Roving Vehicles Kent Landmark Application
presentation.
The City has partnered with the Kent Downtown Partnership to nominate the
lunar roving vehicles as historic landmarks. The three lunar rovers remain on
the moon. The King County Landmarks Commission will hold a hearing on
July 25, 2019 at 5 p.m. in Council Chambers.
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
July 16, 2019
Kent, Washington
Page 2 of 10
Sara Martin, an Architectural Historian with SJM Cultural Resource Services
produced the Kent Landmark Application. Martin provided a review of the
Landmarks Ordinance. The Ordinance allows “Landmark” and “Community
Landmark” designations. The Landmarks Commission ultimately determines
which designation is appropriate.
Martin reviewed the types of eligible resources and the Kent Historic
Landmarks. The application includes two narratives and there are five
landmark designation criteria, only one needs to be met.
Martin advised that the purpose of the Lunar Roving Vehicle was to allow
astronauts to travel a greater distance to collect more lunar samples and
conduct more scientific experiments.
Martin reviewed the specifications of the LRV, Kent News Journal articles
regarding the lunar rover, and provided details on the Kent Jaycees
fundraising event selling buttons.
Martin provided a comparison of Apollo 14 (on foot) and Apollo 17 (with
rover) missions.
Wilmot spoke regarding the legacy of innovation in the Kent Valley and that
Blue Origin is currently the largest employer that is developing the next
generation of lunar rovers to go to the moon. Wilmot indicated she is hoping
to raise money to bring a lunar rover replica to downtown Kent.
2. Recognition of 47th District Legislators
Mayor Ralph expressed appreciation of Representative Debra Entenman and
Senator Mona Das for being advocates for the residents of Kent. Mayor Ralph
presented Representative Entenman and Das with a photo of the Kent Valley
3. Proclamation for Barney Wilson Day
Mayor Ralph read the proclamation for Barney Wilson Day and presented it to
Barney's son Shawn. Mayor thanked the Wilson family for sharing Barney
with the City.
Shawn expressed his and his family’s appreciation of the proclamation.
Wilson indicated his dad believed that “If they build it they will come.” Wilson
indicated that Barney built it.
Barney's vision was to build parks and facilities for families and community
members to enjoy.
Wilson indicated that Kent Parks was and is the Gold Standard.
Wilson indicated his dad’s greatest attribute was that he knew who to hire
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
July 16, 2019
Kent, Washington
Page 3 of 10
and always had a great staff.
Councilmember Thomas expressed his appreciation for Barney Wilson and
reminisced about Barney.
4. Proclamation for Experience Historical Kent
Mayor Ralph presented Nancy Simpson with the Proclamation for Experience
Historical Kent. Simpson provided details regarding the month-long event
that runs from July 20 - August 25. The event is all about the history of
Kent.
Simpson shared three historical events:
1. The Carnation Company started in Kent on 1st Avenue
2. The Fenwick fishing pole was developed on Lake Fenwick
3. The three lunar rovers were built in Kent
5. Proclamation for National Night Out
Mayor Ralph presented the Proclamation for National Night Out to Maureen
McCaughan, Community Education Coordinator with the Kent Police
Department. McCaughan provided information about National Night Out and
invited the public to register their event at KentWA.gov.
6. Appointment to the Kent Bicycle Advisory Board
Mayor Ralph recognized the members being reappointed to the Kent Bicycle
Advisory Board.
7. Appointments to the Kent Parks and Recreation Commission
Mayor Ralph recognized the members being reappointed to the Kent Parks
and Recreation Commission.
8. Reappointments to the Kent Cultural Communities Board
Mayor Ralph recognized the members being reappointed to the Kent Cultural
Communities Board.
9. Recognition of Westview Meadows and Hawkesbury II & III
Neighborhood Councils
Toni Azzola, Neighborhood Programs Coordinator, provided a review of the
Neighborhood program and introduced the members of the Westview
Meadows and Hawkesbury II and III Neighborhood Council Councils.
B. Community Events
Mayor Ralph recognized the Kent Lions Club for hosting "Lunaropia."
Council President Boyce provided details regarding upcoming events at
the accesso ShoWareCenter.
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Kent City Council City Council Regular Meeting
Minutes
July 16, 2019
Kent, Washington
Page 4 of 10
Councilmember Fincher invited the public to participate in the Neely-
Soames Homestead Garden July 20th from 10 a.m. - 3 p.m.
Fincher advised the Evergreen stamp show will be at Kent Commons on
July 20-21.
Fincher advised the CybFest NW Transformers-related event will be at the
Kent Commons on July 27th from 11 a.m. - 5 p.m.
Councilmember Troutner advised that the list of all Experience Historical
Kent Events can be found online at GKHS.org and that all events are free.
C. Public Safety Report
Chief Rafael Padilla provided the public safety report as follows:
Chief Padilla presented Officer Will Davis and Taylor Burns with Lifesaving
Metals. On May 4, 2019, Officers Will Davis and Taylor Burs worked
together to apply two separate tourniquets to a victim that was slippin g in
and out of consciousness. Officer Davis is also being commended for his
immediate actions to stop the bleeding which allowed time for medics to
arrive and take over lifesaving measures.
Chief Padilla provided an update on the Springwood Park and Birch Creek
Apartments. On July 2nd the police department provided a preliminary
response that included short-term plans. Bike patrols were assigned to
the area, a POD camera was placed in the park, the police department
reignited extra patrols, and community outreach that included the
Neighborhood Response Team meeting with stakeholders and the
Community Education Unit.
Since that time, longer-term plans include: meeting with the King County
Housing Authority to work collaboratively towards solutions; engaging
with property managers in the Safeway complex to evaluate physical and
video security; and working with the Birch Creek Apartment management
to come up with security measures.
Parks is implementing a long-term master plan, Public Works is assessing
needs, and the Police Department is planning a community meeting to
report out a plan to the community, take additional input, keep lines of
communication open and establish a block watch program.
Chief Padilla advised that the recent shooting intensified t he police
department's timeline of efforts, but the police department was already
working on issues in this area.
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Kent City Council City Council Regular Meeting
Minutes
July 16, 2019
Kent, Washington
Page 5 of 10
Regarding the investigation, Chief Padilla indicated the detectives have
made significant progress in identifying and apprehending criminals
involved. Police have identified 7 suspects - 4 of the 7 are in custody.
Council President Boyce expressed his appreciation of the work of City
staff in addressing the issues surrounding the Springwood Park area.
Fourth of July Fireworks Update
Chief Padilla indicated this year was a much safer event. There were zero
fires and serious injuries related to fireworks. Calls for services were
down 12% from last year. Police made 266 contacts, issued 18 tickets
and made 2 arrests. Chief indicated his officers really don't like giving
tickets on the holiday. They tend to issue warnings.
Cornucopia Days and Splash Update
Chief Padilla indicated there were no reports of criminal activity, the
events were well-run, well-attended, and good family friendly events.
Chief Padilla and Mayor Ralph expressed their appreciation of the work of
the City's Parks, Public Works, and Police Departments to make these
successful events.
5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
A. Mayor's Report
Mayor Ralph expressed her appreciation of the City's Parks Department for
their hard work putting on The Splash Event at Lake Meridian Park.
Mayor Ralph spoke regarding the reduction in fireworks throughout the City
and the enforcement of the City's fireworks ban.
Mayor Ralph provided details regarding the recently-opened WIFFCO® Field
at Kent Memorial Park.
Mayor expressed her appreciation of the Kent Lions Club for hosting
Cornucopia days. Mayor Ralph expressed her appreciation of having the
honor of crowing Roshni Sabhaya as the 2019 Miss Cornucopia.
Mayor Ralph advised that she met with the Executive Director and leadership
team of the King County Housing Authority regarding improving the safety in
and around the Birch Creek Apartments.
Mayor Ralph advised she met with the Dan Satterberg, the King County
Prosecutor regarding holding criminals accountable. Satterberg committed to
an open line of communication.
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Kent City Council City Council Regular Meeting
Minutes
July 16, 2019
Kent, Washington
Page 6 of 10
B. Chief Administrative Officer's Report
Derek Matheson, Chief Administrative Officer, advised that there will not be a
City Council Workshop on August 6th (National Night Out), and the City
Council meeting will be held at 5 p.m.
Matheson advised his report is in today's agenda packet and there is no
executive session.
C. Councilmember's Reports
Boyce provided details regarding the three workshop presentations tonight
on RapidRide I, Rally the Valley, and the Human Services Master Plan and
CDBG Plan.
Councilmember Larimer serves on the Sound Cities Association Advisory
Council on Aging and Disability Services. The Council heard a presentation
from the President of the National Asian Pacific Center on Aging in the
workplace and preventing age discrimination from employment. A preview of
the 2020-2023 Area Action Plan that guides programming and activities in
King County for residents over 60. This Plan is a requirement of the Older
American's Act. A preview of the Plan will be presented on August 4th at 10
a.m. at the SHAG Tukwila Village.
Councilmember Kaur serves as the Chair of the Sound Cities Association
Puget Sound Clean Air Agency Advisory Council. The Council recently heard a
presentation on proposed clean fuel standard rule making. The Council is
working on making rules on how to legislate for clean fuel standards and are
using California as a model for clean fuel. The goal is to reduce carbon
intensity by 2030.
Councilmember Higgins serves as the Chair of the City's Public Works
Committee and the details can be found in the meeting minutes on
KentWA.gov.
Councilmember Fincher advised of the Wednesday picnic performances at
Town Square Plaza from 11 a.m. - noon, Family Night at Kent Station on
Wednesday from 6 - 8 p.m. Fincher advised there are music performances on
Thursdays at Lake Meridian Park at 7 p.m. and lifeguards are on duty from
noon - 7 p.m.
Fincher advised there are two Saturday Farmer's Markets - Downtown Kent
and at Morrill Meadows Park.
Fincher advised of the Wiffco® Field opening along with the new play
equipment at Kent Memorial Park.
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Kent City Council City Council Regular Meeting
Minutes
July 16, 2019
Kent, Washington
Page 7 of 10
Fincher, Higgins, and Troutner spoke to the King County Flood Control Zone
District Board of Supervisors to encourage their support for the levy work.
Councilmember Thomas chairs the City's Operations Committee and
indicated the meeting details can be found in the minutes at KentWA.gov.
Councilmember Thomas serves on the Puget Sound Regional Fire Authority
Governance Board that meets on July 17th at 5:30 p.m. at Station 78 in
Covington.
6. PUBLIC HEARING
None
7. PUBLIC COMMENT
Steven Thomas, Regional Manager for the King County Library System
and Jose Garcia, Library Services Manager for the Panther Lake and
Woodmont locations spoke regarding how pleased they are with the use
of the new Panther Lake Library.
The library has been open for 4 months. The initial response has been
positive. Students are using the space to study, adult programs are
working well and the children's programs are being utilized.
Their big priority was to create a safe and welcoming environment for
everyone. To make residents feel welcome and connect them to
community services.
Kent is one of the highest refugee resettlement cities in the state. The
King county hired two contractors to facilitate a Welcoming Centering.
Mayor Ralph expressed her appreciation for their commitment to Kent.
8. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - Jul 2, 2019 5:00 PM
2. City Council Meeting - City Council Regular Meeting - Jul 2, 2019 7:00
PM
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
July 16, 2019
Kent, Washington
Page 8 of 10
B. Excused Absence for Councilmember Kaur - Approve
MOTION: Approve an Excused Absence for Councilmember Kaur
for the City Council meeting of July 16, 2019.
C. Resolution Recognizing the Westview Meadows Neighborhood
Council - Adopt
MOTION: Adopt Resolution No.1987, recognizing the
Westview Meadows Neighborhood Council, supporting its
community building efforts, and conferring on it all
opportunities offered by the City’s neighborhood program.
D. Resolution Recognizing the Hawkesbury II & III Neighborhood
Council - Adopt
MOTION: Adopt Resolution No.1988, recognizing the
Hawkesbury II & III Neighborhood Council, supporting its
community building efforts, and conferring on it all
opportunities offered by the City’s neighborhood program.
E. Appointments to the Kent Bicycle Advisory Board - Confirm
MOTION: Confirm the appointments of Julie Dunn, Ales Koubik,
and Daren Osborn to fill three vacant positions on the Kent
Bicycle Advisory Board for additional two-year terms that will
expire on March 31, 2021.
F. Appointments to the Kent Parks and Recreation Commission -
Confirm
MOTION: Confirm appointment of Bonnie Williams and Riham
Hashi to fill two vacant positions, and Jeremy Jasman to fill one
alternate vacant position on the Kent Parks and Recreation
Commission, each to serve a three-year term.
G. Reappointments to the Kent Cultural Communities Board -
Confirm
MOTION: Confirm the reappointment of 15 members to the
Kent Cultural Communities Board for one-year terms that will
expire on July 31, 2020.
H. South 212th Street – Puget Sound Regional Council Grant -
Authorize
MOTION: Authorize the Mayor to sign agreements with the
Washington State Department of Transportation to obligate
$1.4 million of federal grant funds for expenditure on the South
212th Street Overlay East Valley Highway to 72nd Avenue South
project, subject to final terms and conditions acceptable to the
City Attorney and the Public Works Director.
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
July 16, 2019
Kent, Washington
Page 9 of 10
I. South 224th Street Phase II 2019-2021 House and Senate
Transportation Budget Grant - Authorize
MOTION: Authorize the Mayor to accept and sign agreements
with the Washington State Department of Transportation to
obligate $1.5 million of state capital funds for expenditure on
the South 224th Street Phase II Project, subject to final terms
and conditions acceptable to the City Attorney and Public
Works Director.
J. Resolution Approving the King County 2019 Comprehensive
Solid Waste Management Plan - Adopt
MOTION: Adopt Resolution No. 1989, approving the 2019
Comprehensive Solid Waste Management Plan.
K. Reappointment of Lew Sellers to the Public Facilities District
Board - Confirm
MOTION: Confirm the reappointment of Lew Sellers to Position
Number 5 of the Public Facilities District Board, for a 4-year
term that will expire on August 31, 2023.
L. Ordinance Adopting the Shoreline Master Program Update -
Adopt
MOTION: Adopt Ordinance No. 4328, adopting the Shoreline
Master Program Update.
M. Ordinance Adopting Housekeeping Code Amendments - Adopt
MOTION: Adopt Ordinance No. 4329, adopting 2018
Housekeeping Code Amendments as recommended by the Land
Use and Planning Board.
N. Economic Development Partnership Agreement with The Port of
Seattle - Authorize
MOTION: Authorize the Mayor to accept the Port of Seattle’s
Economic Development Partnership Program Grant in the
amount of $65,000,amend the budget, authorize expenditures
of the grant funds and any matching funds accordingly, and
authorize the Mayor to sign all necessary documents, subject to
final terms and conditions acceptable to the City Attorney and
Economic and Community Development Director.
O. Multi-Jurisdictional Drug-Gang Task Force Program Grant -
Authorize
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Kent City Council City Council Regular Meeting
Minutes
July 16, 2019
Kent, Washington
Page 10 of 10
MOTION: Authorize the Mayor to accept the Multi-Jurisdictional
Drug-Gang Task Force Program Grant in the amount of
$114,927, amend the budget, authorize expenditure of the
grant funds and any matching funds accordingly, and authorize
the Mayor to sign all necessary documents and ratify all acts
consistent with the Grant Agreement, subject to the final terms
and conditions acceptable to the Police Chief and City Attorney.
9. OTHER BUSINESS
None
10. BIDS
A. Downey Farmstead Restoration Phase 2b Excavation Project
Bid - Award
Chad Bieren presented details on the Downey Farmstead Restoration Phase
2b Excavation Project Bid.
MOTION: Award the Downey Farmstead Restoration Phase 2b -
Excavation Project to Olson Brothers Excavating, Inc. in the
amount of $453,119.15 and authorize the Mayor to sign all
necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
RESULT: AWARD [UNANIMOUS]
MOVER: Dennis Higgins, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
None
12. ADJOURNMENT
Meeting ended at 9:00 p.m.
Kimberley A. Komoto
City Clerk
8.A.2
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DATE: August 6, 2019
TO: Kent City Council
SUBJECT: Payment of Bills - Approve
MOTION: Approve the payment of bills received through 6/30/19 and paid
on 6/15/19 and 6/30/19, and approve the checks issued for payroll
6/1/19-6/15/19 paid on 6/20/19, and 6/16/19-6/30/19 paid on 7/5/19,
after auditing by the Operations Committee on 7/2/19 and 7/16/19.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services
ATTACHMENTS:
1. Payment of Bills Through June 15, 2019 (PDF)
2. Payment of Bills Through June 30, 2019 (PDF)
8.B
Packet Pg. 28
*Approval of payment of the bills received through-----06/15/19
and paid 06/15/19
Approval of checks issued for Vouchers:
Date Amount
06/15/19 Wire Transfers 7930 7946 $2,321,727.12
06/15/19 Regular Checks 735824 736201 $1,612,152.64
06/15/19 Payment Plus 101420 101433 $83,506.25
Void Checks $0.00
06/15/19 Use Tax Payable $4,872.34
$4,022,258.35
Approval of checks issued for Payroll:6/1/19-6/15/19
and paid 6/20/2019
Date Amount
6/20/2019 Checks 0
Voids and Reissues
6/20/2019 Advices 431402 432268 $1,864,067.99
$1,864,067.99
Document Numbers
Document Numbers
CPittman 7/31/20199:36 AM CLK071719.xls
8.B.a
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*Approval of payment of the bills received through-----06/30/19
and paid 06/30/19
Approval of checks issued for Vouchers:
Date Amount
06/30/19 Wire Transfers 7947 7963 $2,153,724.46
06/30/19 Regular Checks 736202 736721 $6,178,995.70
06/30/19 Payment Plus 101434 101452 $71,460.79
Void Checks ($1,330.00)
06/30/19 Use Tax Payable $22,216.19
$8,425,067.14
Approval of checks issued for Payroll:6/16/19-6/30/19
and paid 7/5/2019
Date Amount
7/5/2019 Checks 0
Voids and Reissues
7/5/2019 Advices 432269 433129 $1,846,481.20
$1,846,481.20
Document Numbers
Document Numbers
CPittman 7/31/20199:37 AM CLK071719(2).xls
8.B.b
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DATE: August 6, 2019
TO: Kent City Council
SUBJECT: Excused Absence for Councilmember Kaur - Approve
MOTION: Approve an Excused Absence for Councilmember Kaur for the City
Council meeting of August 6, 2019.
SUMMARY: Councilmember Kaur is unable to attend the City Council meeting of
August 6, 2019 and has requested an excused absence.
8.C
Packet Pg. 31
DATE: August 6, 2019
TO: Kent City Council
SUBJECT: Excused Absence for Councilmember Troutner - Approve
MOTION: Approve an Excused Absence for Councilmember Troutner for the
City Council meeting of August 6, 2019.
SUMMARY: Councilmember Troutner is unable to attend the City Council meeting
of August 6, 2019 and has requested an excused absence.
8.D
Packet Pg. 32
DATE: August 6, 2019
TO: Kent City Council
SUBJECT: Excused Absence for Councilmember Higgins - Approve
MOTION: Approve an Excused Absence for Councilmember Higgins for the
City Council meeting of August 6, 2019.
SUMMARY: Councilmember Higgins is unable to attend the City Council meeting of
August 6, 2019 and has requested an excused absence.
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DATE: August 6, 2019
TO: Kent City Council
SUBJECT: Set September 3, 2019 as the Date for the Public Hearing
for the “Lannoye” Property Surplus and Restrictive
Covenant Removal - Authorize
MOTION: Set September 3, 2019 as the date for the public hearing to
accept public comment and determine whether to surplus and transfer the
“Lannoye Property” from the City’s drainage utility fund to the Parks
department upon the utility’s receipt of fair market value in exchange;
recommend removal of any use restriction Council may have imposed on
the Lannoye Property at the time it was originally acquired; and direct the
City Clerk to give notice of the public hearing as required by RCW
35.94.040 and RCW 35A.21.410.
SUMMARY: Before property acquired for utility purposes can be sold, state law
(RCW 35.94.040) requires that a public hearing first occur and that the surplus be
authorized through a resolution adopted by Council. City staff recommends that
property owned by the drainage utility and commonly referred to as the “Lannoye
Property” be declared surplus and transferred to the Parks Department for use as
replacement property to support conversion responsibilities triggered by the
cooperative YMCA and Morrill Meadows Park development project. In exchange, the
drainage utility will receive $978,000 from the Parks Department, which is the fair
market value of the Lannoye Property as determined by an appraisal.
The “Lannoye Property” consists of approximately 2.28 acres of land commonly
known by King County Tax Parcel Nos. 2122059122, 2122059177, and
2122059099, and located on the East Hill of Kent. At the time Council originally
authorized the purchase of the Lannoye Property in 2010, its authorizing motion
indicated the property was “to be used as a detention pond site for the East Hill
Operation Center.” To the extent this motion placed any restriction on how the
Lannoye Property could be used by the City, a public hearing is required by state
law (RCW 35A.21.410) before a change in that restricted use can be authorized.
The public hearing is to: (1) consider the potential surplus and transfer of the
Lannoye Property to the Parks Department, upon the receipt of fair market value,
and (2) consider whether to remove any use restriction that Council may have
previously established that limited the Property’s use to drainage purposes. At the
public hearing, staff will make a presentation of the details of the surplus, property
8.F
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transfer, and use restriction, and the public will be afforded an opportunity to
comment. At the close of the hearing, if the Council supports the surplus, property
transfer, and removal of restrictive covenants, it may adopt a resolution directing
staff and the Mayor to proceed accordingly.
BUDGET IMPACT: The Public Works’ drainage utility account will be compensated
for the fair market value by Parks, which was determined by a qualified appraiser
and confirmed by a review appraiser to be $978,000. Parks intends to pay for the
property with grant funds and City funds.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Sustainable Services
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DATE: August 6, 2019
TO: Kent City Council
SUBJECT: Set September 3, 2019 as the Date for the Public Hearing
to Consider the Surplus and Transfer of the Kronisch
Property from the Parks Department to the Public Works
Department – Authorize
MOTION: Set September 3, 2019 as the date for the public hearing to
accept public comment and determine whether to surplus the Kronisch
Property from the Parks Department and authorize its transfer to the
Public Works Department for water utility purposes, and direct the City
Clerk to give notice of the public hearing as required by KCC 3.12.050.
SUMMARY: At the July 2nd Kent City Council Workshop, Public Works proposed
construction of a new water reservoir on the West Hill of Kent at an undeveloped
City park property referred to as the “Kronisch Property,” located at Military Road
and South 248th Street. This water reservoir is needed to address a water storage
and fire flow deficiency on the West Hill of the City’s water service area. The
reservoir will ensure that residents and businesses have adequate water supply
during peak demand and provide the necessary fire flow storage for fighting fires.
The additional water storage will also enable future development and
redevelopment on the West Hill.
This project is identified as a capital project in the City's Water System Plan and will
result in additional projects, including construction of a new pump station and water
transmission main. The pump station will be constructed near Veteran's Drive east
of the Green River, and the new water transmission main will connect the pump
station to the new water reservoir via Veteran's Drive and Military Road.
The undeveloped City-owned Kronisch Property was selected due to its location at
the highest feasible elevation to provide adequate water pressure to the largest
feasible service area. The Kronisch Property is currently comprised of trees and
grass and does not contain any park developments or recreation facilities. The
proposed water tank will fill the undeveloped open space. The existing sidewalk
which traverses the southern portion of the site will remain to provide pedestrian
connectivity through the site to the adjacent streets and the nearby elementary
school.
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On July 5th, 2019 City staff’s request for a Conditional Use Permit (CUP) for the
construction of the water reservoir on the Kronisch Property was granted by the
City’s Hearing Examiner. As part of the CUP process an open record hearing was
held on June 19th, 2019 where City staff and the public were invited to testify.
There were three parties who submitted comments to the hearing examiner, two
against the CUP, and one in favor. After considering the comments made, the
hearing examiner granted the CUP.
Before real property owned by the City can be declared surplus and sold, the Kent
City Code provides for a public process. While it is unclear whether an internal
reallocation of assets or a transfer of property between City departments triggers
that process, City staff recommends the process be followed, which includes
targeted mailings to area homes, publication of the hearing date and time, and
posting of the site with notice of the hearing.
The Public Works committee will consider this item at its August 5, 2019 meeting,
and this item will also be presented to the Parks Committee at its August 15, 2019,
meeting.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Thriving City
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DATE: August 6, 2019
TO: Kent City Council
SUBJECT: 2019 First and Second Quarter Fee-in-Lieu Funds –
Authorize
MOTION: Authorize the Mayor to accept $33,300 of fee-in-lieu funds,
amend the Community Parks Reinvestment Program budget, and authorize
the future expenditure of these funds for capital improvements at Wilson
Playfields and Chestnut Ridge Park.
SUMMARY: Between January 1 and June 30, 2019 the City of Kent received a
total of $33,300.00 from the following developers, who voluntarily pa id fees in lieu
of dedicating park land, to mitigate the development of homes in local subdivision.
These funds will be held in a reserve account for capital improvements at Wilson
Playfields and Chestnut Ridge Park, and must be expended within five years.
• Ferit Atesoglu: subdivision into 3 lots at the 24000 block of 132nd Avenue
SE; $12,300.00 at Wilson Playfields
• Active Construction: subdivision into 2 lots at the 26100 block of 132nd
Avenue SE; $75.00 at Wilson Playfields
• Sockeyes: subdivision into 6 lots at the 20400 block of 132nd Avenue SE;
$13,425.00 at Chestnut Ridge Park
• Harjeet Sandhu: subdivision into 3 lots at 9300 block of South 200th Street;
$7,500.00 at Chestnut Ridge Park
BUDGET IMPACT: Revenue and expense impact of $33,300.00 to the Community
Park Reinvestment Program budget.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Sustainable Services
ATTACHMENTS:
1. Budget Adjustment Ordinance (PDF)
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07/18/19 Parks and Human Services Committee
RECOMMENDED TO COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
8/6/2019 5:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Brenda Fincher, Committee Chair
AYES: Brenda Fincher, Marli Larimer
ABSENT: Satwinder Kaur
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R55GA014 7/1/2019 9:17:23Search GL by Account Number
Page:16/30/20191/1/2019 -GL Dates:
Amount PO# Ref 2 PC R/V RecLT Description Vendor or CustomerSubledgerBatch # Doc #GL Date Acount Number
1876033/28/2019 P479004 P20006.56730 (12,300.00)19106095 989211 Ferit AtesogluJK AA
1881014/26/2019 P482418 P20006.56730 (75.00)19-10673 997321 Active Construction IncJK AA
1882455/3/2019 P483132 P20006.56730 (13,425.00)19-10686 998495 Sockeye5JK AA
1885335/20/2019 P485023 P20006.56730 (7,500.00)19107142 1006725 Sandhu, HarjeetJK AA
(33,300.00)Account Total
(33,300.00)Report Total
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DATE: August 6, 2019
TO: Kent City Council
SUBJECT: Recreation Conservation Office Grant Agreement for the
Service Club Ballfields – Authorize
MOTION: Authorize the Mayor to sign a Grant Agreement with Washington
Recreation and Conservation Office in the amount of $95,500, for field
drainage improvements at Service Club Ballfields, subject to final terms
and conditions as the Parks Director and City Attorney may determine are
acceptable upon issuance of the agreement by the state.
SUMMARY: On August 21, 2018, City Council adopted Resolution No. 1973, which
authorized staff to apply to the Recreation and Conservation Office’s Youth Athletic
Facilities program for state grant assistance to help finance the cost of installing
field drainage systems under three fields at Service Club Ballfields Park.
Parks Planning & Development staff applied to the RCO, which awarded the City
Grant #18-1527 conditioned upon a city match. The projected total cost is
$191,000. Of this amount, $95,500 will be funded by this RCO grant, with the
remainder of $95,500 paid from the Service Club Ballfields Trail and Drainage
capital budget account.
Similar drainage improvements installed on one of the four fields in 2017 resulted
in more frequent use and a longer season of play. These funds will help pay for
installation at the remaining three fields, improving play conditions by reducing
oversaturation.
While RCO has awarded the grant to the City, RCO has not yet provided the City
with the contract it will require the City sign in order to receive the grant funds.
Given tight timing issues as to when the work needs to begin, it was necessary to
move this item through the Council approval process before the contract form was
received. If the contract is received before the Committee meeting, it will be
provided to Committee members at the Parks Committee’s meeting. If the contract
form is received after the Committee meeting, it will be included in the Council
packet for Council’s review prior to Council taking final action.
BUDGET IMPACT: Revenue and Expense impact to the Service Club Ballfields Trail
and Drainage budget
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SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Sustainable Services
ATTACHMENTS:
1. RCO Project Agreement (PDF)
2. Resolution 1973 (PDF)
07/18/19 Parks and Human Services Committee
RECOMMENDED TO COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
8/6/2019 5:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Brenda Fincher, Committee Chair
AYES: Brenda Fincher, Marli Larimer
ABSENT: Satwinder Kaur
8.I
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.>WASHINGfON
'TATERecreation and
Conservation Office
Project Sponsor: City of Kent
Project Title: Service Club Park Drainage
RCO Project Agreement
Project Number: 18-1527D
Approval Date: 06127 120 1 I
PARTIES OF THE AGREEMENT
This Recreation and Conservation Office Agreement (Agreement) is entered into between the State of Washington by and
through the Recreation and Conservation Funding Board (RCFB or funding board) and the Recreation and Conservation
Office (RCO), P.O. Box 40917 , Olympia, Washington 98504-0917 and City of Kent (Sponsor, and primary Sponsor), 220
Fourth Ave S, Kent, WA 98032-5895, and shall be binding on the agents and all persons acting by or through the parties.
All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that
expressly apply only to the primary Sponsor.
Per the Applicant Resolution/Authorizations submitted by all sponsors (and on file with the RCO), the identified Authorized
Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s) regarding all matters related to the project,
including but not limited to, full authority to: (1) sign a grant application for grant assistance, (2) enter into this project
agreement on behalf of the Sponso(s) (including indemnification and waiver of sovereign immunity, if applicable, as provided
therein), (3) enter any amendments thereto on behalf of the Sponsors, and (4) make any decisions and submissions required
with respect to the project. Agreements and amendments must be signed by the Authorized Representative/Agent(s) of all
sponsors, unless otherwise allowed in Amendments and Agreement Section.
lf a Sponsor wishes to change its Authorized Representative/Agent as identified on the original signed Applicant
Resolution/Authorization, the Sponsor has the obligation to provide to RCO in writing a new Applicant Resolution/Authorization
signed by its governing body. Unless a new Applicant Resolution/Authorization has been provided, RCO will be entitled to rely
upon the fact that the current Authorized Representative/Agent has the authority to bind the Sponsor to the Agreement
(including any amendments thereto) and decisions related to implementation of the Agreement.
For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act
as a fiscal agent to obtain reimbursements (See PROJECT REIMBURSEMENTS Section).
PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the State Building Construction Account of
the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO).
DESCRIPTION OF PROJECT
The City of Kent will use this grant to add supplemental drainage to three baseball/softball grass outfields at Service Club
Park. This project will reduce oversaturated outfield conditions thereby reducing number of rainouts and cancellations. The
primary recreation opportunity provided by this project is little league and fast pitch as well as adult recreational league
baseball/softball play.
PERIOD OF PERFORMANCE
The period of performance begins on July 1,2019 (project start date) and ends on April 30, 2020 (project end date). No
allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written
amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any applicable RCO
manuals as of the effective date of this Agreement.
The Sponsor must request extensions of the period of performance at least 60 days before the project end date.
STANDARD TERMS AND CONDITIONS INCORPORATED
The Standard Terms and Conditions of the Agreement are hereby incorporated by reference as part of this Agreement.
LONG-TERM OBLIGATIONS
For this development and renovation project, the sponsor's on-going obligations shall be for 20 years from the date of final
reimbursement from RCO or the date RCO accepts the prolect as complete per the Project Agreement, whichever is later and
shall survive the completion/termination of this Project Agreement unless othenivise identified in the Agreement or as approved
by the funding board.
RCO: 18-1527 Revision Date: 1 I 1 12O19 Page 1 of '19
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PROJECT FUNDING
The total grant award provided for this project shall not exceed $95,500.00. The RCO shall not pay any amount beyond that
approved for grant funding of the project and within the percentage as identified below. The Sponsor shall be responsible for
all total pro.lect costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated
below:
Percentage Dollar Amount Source of Funding
RCFB-YAF-Large 50.00%$95,500.00 State
$95,500.00
$191,000.00
Project Sponsor 50.00%
Total Project Cost
RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS
All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the
Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved as
well as documents produced in the course of administering the Agreement, including the eligible scope activities, the
milestones report, progress reports, and the final report. Provided, to the extent that information contained in such documents
is irreconcilably in conflict with this Agreement, it shall not be used to vary the terms of the Agreement, unless those terms are
shown to be subject to an unintended error or omission. This "Agreement" as used here and elsewhere in this document,
unless otheruvise specifically stated, has the meaning setforth in the definitions of the Standard Terms and Conditions.
AMENDMENTS TO AGREEMENT
Except as provided herein, no amendment (including without limitation, deletions) of any of the terms or conditions of this
Agreement will be effective unless provided in writing signed by all parties. Extensions of the period of performance and minor
scope adjustments consented to in writing (including email) by the Sponsor need only be signed by RCO's director or
designee, unless otherwise provided for in another agreement a Sponsor has with the RCO. This exception does not apply to
a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or minor scope
adjustments.
It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do
so, and such signature shall be binding on the Sponsor if the representative/agent signing has been authorized to do so by
Applicant Resolution/Authorization provided to the RCO and such Applicant Resolution/Authorization has not been withdrawn
by the governing body in a subsequent resolution.
Any amendment to this Agreement, unless otherwise expressly stated, shall be deemed to include all current federal, state,
and local government laws and rules, and policies applicable and active and published in the applicable RCO manuals or on
the RCO website in effect as of the effective date of the amendment, without limitation to the subject matter of the amendment.
Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only
prospectively and shall not require that an act previously done in compliance with existing requirements be redone.
COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND POLICIES
This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations,
applicable RCO manuals as identified below, and any applicable federal program and accounting rules effective as of the date
of this Agreement, and with respect to any amendments to this Agreement, as of the effective date of that amendment.
Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only
prospectively and shall not require that an act previously done in compliance with existing requirements be redone.
For the purpose of this Agreement, WAC Title 286, RCFB policies, and shall apply as terms of this Agreement.
For the purpose of this Agreement, the following RCO manuals are deemed applicable and shall apply as terms of this
Agreement:r Development Projects - Manual 4
. Long Term Obligations - Manual 7
. Reimbursements - Manual 8
. Youth Athletic Facilities - Manual 17
SPECIAL CONDITIONS
#1 : Cultural Resources Compliance (Monitoring Required)
This agreement requires compliance with Executive Order 05-05 and/or Section 106 of the National Historic Preservation Act.
RCO has completed the initial consultation for this project and archaeological monitoring of ground disturbing activities is
required to assess subsurface conditions. The Sponsor must submit to RCO the results of the monitoring. All cultural
100.00%
RCO: 18-1527 Revision Dale: 1 I I 12019 Page 2 of ',l9
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resources work must meet reporting guidelines outlined by the Department of Archaeology and Historic Preservation. ln the
event that archaeological or historic materials are discovered while conducting ground disturbing activities, work in the
immediate vicinity must stop and the Sponsor must ensure compliance with the provisions found in this agreement.
AGREEMENT CONTACTS
The parties will provide all written communications and notices under this Agreement to the mail address or the email address
listed below if not both:
These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change
Decisions relating to the Agreement must be made by the Authorized Representative/Agent, who may or may not be the
Project Contact for purposes of notices and communications.
ENTIRE AGREEMENT
This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other
understandings, oral or othenrise, regarding this Agreement shall exist or bind any of the parties.
EFFECTIVE DATE
This Agreement, for project 18-1527, shall be subject to the written approval of the RCO's authorized representative and shall
not be effective and binding until the date signed by both the sponsor and the RCO, whichever is later (Effective Date).
Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF
PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO.
The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement
ANd the STANDARD TERMS AND CONDITIONS OF THE RECREATION AND CONSERVATION OFFICE AGREEMENT.
The signators listed below represent and warrant their authority to bind the parties to this Agreement.
Sponsor Proiect Contact
Bryan Higgins
Parks Capital Project Manager
Parks and Recreation 220 4th AVE S
Kent, WA 98032
bhiggins@kentwa.gov
RCO Contact
DeAnn Beck
Natural Resources Building
PO Box40917
Olympia, WA 98504-0917
deanna.beck@rco.wa.gov
Date:
Gity of Kent
By:
Name (printed):
Title:
By B*{tu
State of Washington Recreation and Conservation Office
On behalf of the Recreation and Conservation Funding Board (RCFB or funding board)
By Date:
Kaleen Cottingham
Director
Recreation and Conservation Office
Pre-approved as to form
Date:
RCO: 18-1527
Assistant Attorney General
Revision Dale: 1 11/2019
01t01t2019
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WA5HIN6TOq
'lATERecreation and
Conservation Office
Project Sponsor: City of Kent
Project Title: Service Club Park Drainage
3 RCO Project Agreement
Project Number: 18-1527 D
Approval Datei 06127 12019
Eligible Scope Activities
ELIGIBLE SCOPE ACTIVITIES
Project Metrics
Sites lmproved
Project acres renovated
Development Metrics
Worksite #1, Service Club Park
General Site lmprovements
Landscaping improvements
Acres of landscaped area :
Select the landscape features:
Site Preparation
General site preparation
Cultural Resources
Cultural resources
Permits
Obtain permits
Architectural & Engineering
Architectural & Engineering (A&E)
3.00
3.00
Drainage
RCO: 18-1527 Revision Date: I I I 12019 Page 4 of '19
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wa5!TNGTOS 5TA1€
Recreation and
Conservation Office
Project Sponsor: City of Kent
Project Title: Service Club Park Drainage
A RCO Project Agreement
Project Number: 18-1527D
Approval Date: 06127 120 1 9
Project Milestones
PROJECT MILESTONE REPORT
Complete Milestone Target Date Comments/Description
X
X
X
X
X
X
Bid Awarded/Contractor Hired
Applied for Permits
Project Start
Design lnitiated
60% Plans to RCO
All Bid Docs/Plans to RCO
Construction Started
50% Construction Complete
Progress Report Due
RCO lnterim lnspection
90% Construction Complete
RCO Final lnspection
Funding Acknowl Sign Posted
Cultural Resources Complete
Construction Complete
Final Billing Due
Final Report Due
Agreement End Date
o3t19t2019
04to8t2019
07101t2019
07110t2019
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07110t2019
Grade and fill permit
RCO reviewed drainage evaluation report
prepared 1016116 which outlined the drainage
replacement plan.
Monitoring required, see special condition #1
o9t01t2019
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10115t2019
01t31t2020
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0413012020
RCO: 18-1527 Revision Date: 1 I I 12019 Page 5 of 19
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WASIITNGTON STATE
Recreation and
Conservation Office
Project Sponsor: City of Kent
Project Title: Service Club Park Drainage
A RGO Project Agreement
Project Number: 18-1527 D
Approval Dalei 06127 12019
Standard Terms and Conditions of the Recreation and
Conseruation Office
Table of Contents
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE
CITATIONS, HEADINGS AND DEFINITIONS ............
PERFORMANCE BY THE SPONSOR....
ASSrGNMENT...................
RESPONSIBILIry FOR PROJECT.....
tNDEMNlFlCAT|ON.............
INDEPENDENT CAPACITY OF THE SPONSOR....
coNFLrcT oF lNTEREST........ ..........
COMPLIANCE WITH APPLICABLE LAW...
RECORDS....
PROJECT FUNDING
PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS..........
LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS ................
CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS
APPLICATION REPRESENTATIONS - MISREPRESENTATIONS OR INACCURACY OR BREACH
SEVERABILIry
END OF AGREEMENT..
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STANDARD TERMS AND CONDITIONS EFFECTIVE DATE
This agreement reflects Standard Terms and Conditions as of Q710212019.
CITATIONS, HEADINGS AND DEFINITIONS
A. Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the
effective date of any amendment thereto.
B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of
this Agreement.
C. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below
Agreement or project agreement - The document entitled "Recreation and Conservation Office Agreement"
accepted by all parties to the present project and transaction, including without limitation the Standard Terms and
Conditions of the Recreation and Conservation Office Agreement, all attachments, addendums, and amendments,
and any intergovernmental agreements or other documents that are incorporated into the Agreement subject to any
limitations on their effect
applicable manual(s) -- A manual designated in this Agreement to apply as terms of this Agreement, subject to
substitution of the "RCO director, for instances where the term "board" occurs.
applicable WAC(s) - Designated chapters or provisions of the Washington Administrative Code that are deemed
under this Agreement to apply as terms of the Agreement, subject to substitution of the "RCO director'' for instances
where the term "board" occurs.
applicant - Any party that meets the qualifying standards, including deadlines, for submission of an application
soliciting a grant of funds administered by RCO.
application - The documents and other materials that an applicant submits to the RCO to support the applicant's
request for grant funds; this includes materials required for the "Application" in the RCO's automated project
information system, and other documents as noted on the application checklist including but not limited to legal
opinions, maps, plans, evaluation presentations and scripts.
Authorized Representative/Agent - A Sponsor's agent (employee, political appointee, elected person, etc.)
authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This person
has the signature authority to bind the Sponsor to this Agreement, grant, and project.
C.F.R. - Code of Federal Regulations
contractor - An entity that receives a contract from a Sponsor related to performance of work or another obligation
under this Agreement.
conversion - A conversion occurs 1) when facilities acquired, developed, renovated or restored within the project
area are changed to a use other than that for which funds were approved, without obtaining prior written formal RCO
or board approval, 2) when property interests are conveyed to a third party not otherwise eligible to receive grants in
the program from which funding was approved without obtaining prior written formal RCO or board approval, or 3)
when obligations to operate and maintain the funded property are not complied with after reasonable opportunity to
cure.
development project - A prqect that results in the construction of, or work resulting in, new elements, including but
not limited to structures, facilities, and/or materials to enhance outdoor recreation resources.
director - The chief executive officer of the Recreation and Conservation Office or that person's designee.
effective date - The date when the signatures of all parties to this agreement are present in the agreement.
equipment - Tangible personal property (including information technology systems) having a useful service life of
more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level
established by the Sponsor or $5,000 (2 C.F.R. S 200.33 (2013)).
funding board or board - The Washington State Recreation and Conservation Funding Board, or the Washington
State Salmon Recovery Funding Board. Or both as may apply.
Funding Entity - the entity that approves the project that is the subject to this Agreement.
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grant program - The source of the grant funds received. May be an account in the state treasury, or a grant category
within a larger grant program, or a federal source.
long-term compliance period - The period of time after the project end date or end of the period of performance
(depending on the project types and grant program). During this period, the Sponsor has continuing obligations under
the Agreement. This period may have a nonspecific end date (in perpetuity) or an expressly specified number of
years.
long-term obligations - Sponsor's obligations after the project end date, as specified in the Agreement and
applicable regulations and policies.
landowner agreement - An agreement that is required between a Sponsor and landowner for projects located on
land not owned, or otherwise controlled, by the Sponsor.
match or matching share - The portion of the total project cost provided by the Sponsor.
milestone - An important event with a defined date to track an activity related to implementation of a funded project
and monitor significant stages of protect accomplishment.
Office - Means the Recreation and Conservation Office or RCO.
pass-through entity - A non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal
program (2 C. F. R. S 200.74 (2013)). lf this Agreement is a federal subaward, RCO is the pass-through entity.
period of performance - The period beginning on the prolect start date and ending on the project end date.
pre-agreement cost - A pro1ect cost incurred before the period of performance.
primary Sponsor - The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement
as the entity to which RCO grants funds to and authorizes and requires to administer the grant. This administration
includes but is not limited to acting as the fiscal agent for the grant (e.9. requesting and accepting reimbursements,
submitting reports). Primary Sponsor includes its officers, employees, agents and successors.
project - An undertaking that is, or may be, funded in whole or in part with funds administered by RCO.
project area - A geographic area that delineates a grant assisted site which is subject to project agreement
requirements.
project cost - The total allowable costs incurred under this Agreement and all required match share and voluntary
committed matching share, including third-party contributions (see also 2 C.F.R. S 200.83 (2013) for federaly funded
projects).
project end date - The specific date identified in the Agreement on which the period of performance ends, as may
be changed by amendment. This date is not the end date for any long-term obligations.
project start date - The specific date identified in the Agreement on which the period of performance starts.
RCO - Recreation and Conservation Office - The state agency that administers the grant that is the subject of this
Agreement. RCO includes the director and staff.
reimbursement - RCO's payment of funds from eligible and allowable costs that have already been paid by the
Sponsor per the terms of the Agreement.
renovation project - A project intended to improve an existing site or structure in order to increase its useful service
life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for
its originally expected useful service life.
RCFB - Recreation and Conservation Funding Board
RCW - Revised Code of Washington
secondary Sponsor - One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may
be the fiscal agent for the project.
Sponsor - A Sponsor is an organization that is listed in and has signed this Agreement.
Sponsor Authorized Representative/Agent - A Sponsor's agent (employee, political appointee, elected person,
etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This
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person has the signature authority to bind the Sponsor to this Agreement, grant, and project.
subaward - Funds allocated to the RCO from another organization, for which RCO makes available to or assigns to
another organization via this Agreement. Also, a subaward may be an award provided by a pass-through entity to a
subrecipient for the subrecipient to carry out part of any award received by the pass-through entity. lt does not include
payments to a contractor or payments to an individual that is a beneficiary of a federal or other program. A subaward
may be provided through any form of legal agreement, including an agreement that the pass-through entity considers
a contract. Also see 2 C.F.R. S 200.92 (2013). For federal subawards, a subaward is for the purpose of carrying out a
portion of a Federal award and creates a federal assistance relationship with the subrecipient (2 C.F.R. S 200.330
(2013)). lf this Agreement is a federal subaward, the subaward amount is the grant program amount in the Project
Funding Section.
subrecipient - Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal
funds, a subrecipient is an entity that receives a subaward from a pass-through entity to carry out part of a federal
program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a
recipient of other federal awards directly from a federal awarding agency (2 C.F.R. S 200.93 (2013)). lf this
Agreement is a federal subaward, the Sponsor is the subrecipient.
useful service life - Period during which an asset or property is expected to be useable for the purpose it was
acquired, developed, renovated, and/or restored per this Agreement.
WAC - Washington Administrative Code.
PERFORMANCE BY THE SPONSOR
The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed
goals and objectives described in the application or documents submitted with the application, all as finally approved by the
RCO. All submitted documents are incorporated by this reference as if fully set forth herein.
Timely completion of the pQect and submission of required documents, including progress and final reports, is important.
Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement.
ASSIGNMENT
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without
prior written consent of the RCO.
RESPONSIBILITY FOR PROJECT
While RCO administers the grant that is the subject of this Agreement, the project itself remains the sole responsibility of the
Sponsor. The RCO and Funding Entity (if different from the RCO) undertakes no responsibilities to the Sponsor, or to any third
party, other than as is expressly set out in this Agreement . The responsibility for the implementation of the project is solely
that of the Sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the
project. When a project is Sponsored by more than one entity, any and all Sponsors are equally responsible for the project and
all post-completion stewardship responsibilities and long-term obligations unless othenrise stated in this Agreement.
The RCO has no responsibility for reviewing, approving, overseeing or supervising design or construction of the pro,lect and
leaves such review, approval, oversight and supervision exclusively to the Sponsor and others with expertise or authority. ln
this respect, the RCO will act only to confirm at a general, lay, and nontechnical level, solely for the purpose of compliance and
payment and not for safety or suitability, that the project has apparently been completed as per the Agreement.
INDEMNIFICATION
The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or
suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection
with this Agreement (including without limitatlon all work or activities thereunder), or the breach of any obligation under this
Agreement by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors, or vendors, of any tier, or any
other persons for whom the Sponsor may be legally liable.
Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State
from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State
is vicariously liable.
Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Sponsor or the
Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor
is legally liable, and (b) the State its employees and agents for whom it is vicariously liable, the indemnity obligation shall be
valid and enforceable only to the extent of the Sponsor's negligence or the negligence of the Sponsor's agents, employees,
RCO: '18-1527 Revision Date: I 11 12019 Page 9 of 19
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contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable.
This provision shall be included in any agreement between Sponsor and any contractors, subcontractor and vendor, of any
tier.
The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims,
demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other
allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or
inventions by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any
other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of
any use in connection with the Agreement of methods, processes, designs, information or other items furnished or
communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided, this indemnity shall not
apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know-how, copyright rights or inventions resulting from the State's, its agents', officers' and
employees' failure to comply with specific written instructions regarding use provided to the State, its agents, officers and
employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for
whom the Sponsor may be legally liable.
As part of its obligations provided above, the Sponsor specifically assumes potential liability for actions brought by the
Sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the
Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51.
The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils,
committees, divisions, bureaus, offices, societies, or other entiiies of state government.
INDEPENDENT CAPACITY OF THE SPONSOR
The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO
or Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the
Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would
accrue to an employee under RCW 41.06.
The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by
federal, state, and/or local laws.
CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written
notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation
of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or
performance under, this Agreement.
ln the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the
Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor. The rights and remedies of RCO
provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this
Agreement.
COMPLIANCE WITH APPLICABLE LAW
ln implementing the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws (including without
limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes, without any limitation as to other
applicable laws, the following laws:
A. Nondiscrimination Laws. The Sponsor shall comply with all applicable federal, state, and local nondiscrimination
laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age
Discrimination Act. ln the event of the Sponsor's noncompliance or refusal to comply with any nondiscrimination law
or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Sponsor may be
declared ineligible for further grant awards from the RCO or Funding Entity. The Sponsor is responsible for any and
all costs or liability arising from the Sponsor's failure to so comply with applicable law. Except where a
nondiscrimination clause required by a federal funding agency is used, the Sponsorshall insertthe following
nondiscrimination clause in each contract for construction of this project:
"During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination
laws, regulations and policies."
B. Secular Use of Funds: No funds awarded under this grant may be used to pay for any religious activities, worship, or
instruction, or for lands and facilities for religious activities, worship, or instruction. Religious activities, worship, or
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instruction may be a minor use of the grant supported recreation and conservation land or facility.
C. Wages and Job Safety. The Sponsor agrees to comply with all applicable laws, regulations, and policies of the
United States and the State of Washington or other jurisdiction which affect wages and job safety. The Sponsor
agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing
rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to
file a statement of intent to pay prevailing wage with the Washington State Department of Labor and lndustries as
required by RCW 39.12.40. The Sponsor also agrees to comply with the provisions of the rules and regulations of the
Washington State Department of Labor and lndustries .
Exception, Service Organizations of Trail and Environmental Projects (RCW 79A.35.130). lf allowed by
state and federal law and rules, participants in conservation corps programs offered by a nonprofit
organization affiliated with a national service organization established underthe authority of the national and
community service trust act of '1993, P.L. 103-82, are exempt from provisions related to rates of
compensation while performing environmental and trail maintenance work provided: (1) The nonprofit
organization must be registered as a nonprofit corporation pursuant to RCW 24.03, (2) The nonprofit
organization's management and administrative headquarters must be located in Washington; (3) Participants
in the program must spend at least fifteen percent of their time in the program on education and training
activities; and (4) Participants in the program must receive a stipend or living allowance as authorized by
federal or state law. Participants are exempt from provisions related to rates of compensation only for
environmental and trail maintenance work conducted pursuant to the conservation corps program.
D. Archaeological and Cultural Resources. RCO facilitates the review of applicable projects for potential impacts to
archaeological sites and state cultural resources. The Sponsor must assist RCO in compliance with Governor's
Executive Order 05-05 or the National Historic Preservation Act before and after initiating ground-disturbing activity or
construction, repair, installation, rehabilitation, renovation, or maintenance work on lands, natural resources, or
structures. The funding board requires documented compliance with Executive Order 05-05 or Section 106 of the
National Historic Preservation Act, whichever is applicable to the project. lf a federal agency declines to consult, the
Sponsor shall comply with the requirements of Executive Order 05-05. ln the event that archaeological or historic
materials are discovered during project activities, work in the location of discovery and immediate vicinity must stop
instantly, the area must be secured, and notification must be provided to the following: concerned Tribes' cultural staff
and cultural committees, RCO, and the State Department of Archaeology and Historic Preservation. lf human remains
are discovered during project activity, work in the location of discovery and immediate vicinity must stop instantly, the
area must be secured, and notification provided to the concerned Tribe's cultural staff and cultural committee, RCO,
State Department of Archaeology, the coroner and local law enforcement in the most expeditious manner possible
according to RCW 68.50.
E. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and
recognized executive-legislative relationships, for publicity or propaganda purposes, or for the preparation,
distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to
support or defeat legislation pending before the U.S. Congress or any state legislature.
No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent
acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the
U.S. Congress or any state legislature.
F. Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that neither it nor its
principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and lndustries.
Further, the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party
that is on Washington State Department of Labor and lndustries' "Debarred Contractor List."
RECORDS
A. Digital Records. lf requested by RCO, the Sponsor must provide a digital file(s) of the project property and funded
project site in a format specified by the RCO.
B. Maintenance. The Sponsor shall maintain books, records, documents, data and other evidence relating to this
Agreement and performance of the services described herein, including but not limited to accounting procedures and
practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance
of this Agreement. Sponsor shall retain such records for a period of six years from the date RCO deems the project
complete, as defined in the PROJECT REIMBURSEMENTS Section. lf any litigation, claim or audit is started before
the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings
involving the records have been resolved.
C. Access to Records and Data. At no additional cost, the records relating to the Agreement, including materials
generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO,
personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by
law. reoulation or aoreement. This includes access to all information that su pports the costs submitted for pavment
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underthe grantand all findings, conclusions, and recommendations of the Sponsor's reports, including computer
models and methodology for those models.
D. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any
records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO
administers public records requests per WAC 286-06 and 420-04 (which ever applies). Additionally, the Sponsor
agrees to disclose any information in regards to the expenditure of that funding as if the project sponsorwere subject
to the requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor understands that the State
may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56.
The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy
such document to respond to a request under state public records laws. The Sponsor hereby agrees to release the
State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to
indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's
defense of such claims.
PROJECT FUNDING
A. Authority. This Agreement and funding is made available to Sponsor through the RCO.
B. Additional Amounts. The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount
as identified in this Agreement, unless an additional amount has been approved in advance by the RCO director and
incorporated by written amendment into this Agreement .
C. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date
shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a
waiver of retroactivity or program specific eligible pre-Agreement costs. For reimbursements of such costs, this
Agreement must be fully executed and an original received by RCO. The dollar amounts identified in this Agreement
may be reduced as necessary to exclude any such expenditure from reimbursement.
D. After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance
shall be eligible, in whole or in part, for grant funds hereunder. ln addition to any remedy the RCO or Funding Entity
may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such
expenditure from participation.
PROJECT REIMBURSEMENTS
A. Reimbursement Basis. This Agreement is administered on a reimbursement basis per WAC 286-13 andlor 420-12,
which ever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and
allowable costs incurred during the period of performance. The primary Sponsor may only request reimbursement
after (1) this Agreement has been fully executed and (2) the Sponsor has remitted payment to its vendors. RCO will
authorize disbursement of prolect funds only on a reimbursable basis at the percentage as defined in the PROJECT
FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor or for a
donation used as part of its matching share. RCO does not reimburse for donations. All reimbursement requests must
include proper documentation of expenditures as required by RCO.
B. Reimbursement Request Frequency. The primary Sponsor is required to submit a reimbursement request to RCO,
at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or
as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement
regarding reimbursement requirements.
C. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly
conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the
Sponsor.
D. Retainage Held Until Project Gomplete. RCO reserves the right to withhold disbursement of the total amount of the
grant to the Sponsor until the project has been completed. A project is considered "complete" when:
L All approved or required activities outlined in the Agreement are done;
2. On-site signs are in place (if applicable);
3. A final prolect report is submitted to and accepted by RCO;
4. Any other required documents and media are complete and submitted to RCO;
5. A final reimbursement request is submitted to RCO;
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6. The completed project has been accepted by RCO;
7. Final amendments have been processed;
8. Fiscal transactions are complete, and
9. RCO has accepted a final boundary map of the project area for which the Agreement terms will apply in the
future.
RECOVERY OF PAYMENTS
A. Recovery for Noncompliance. ln the event that the Sponsor fails to expend funds under this Agreement in
accordance with state and federal laws, and/or the provisions of the Agreement, or meet its percentage of the project
total, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in
addition to any other remedies available at law or in equity.
B. Overpayment Payments. The Sponsor shall reimburse RCO for any overpayment or erroneous payments made
under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30
days of demand by RCO. lnterest shall accrue at the rate of twelve percent (12o/o) per annum from the time that
payment becomes due and owing.
COVENANT AGAINST CONTINGENT FEES
The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an
agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or
bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the
event of breach of this clause by the Sponsor, to terminate this Agreement without liability or, in its discretion, to deduct from
the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage,
brokerage or contingent fee.
rNcoME (AND FEES) AND USE OF INCOME
See WAC 286-1 3-'1 10 for additional requirements for projects funded from the RCFB
A. Compatible source. The source of any income generated in a funded project or project area must be compatible with
the funding source and the Agreement and any applicable manuals, RCWs, and WACs.
B. Use of lncome. Subject to any limitations contained in applicable state or federal law and applicable rules and
policies, income or fees generated at a project work site (including entrance, utility corridor permit, cattle grazing,
timber harvesting, farming, etc.) during or after the reimbursement period cited in the Agreement, must be used to
offset:
L The Sponsor's matching resources;
2. The project's total cost;
3. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program
assisted by the grant funding;
4. The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the
Sponsor's system;
5. Capital expenses for similar acquisition and/or development and renovation; and/or
6. Other purposes explicitly approved by RCO.
C. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed, maintained,
renovated, or restored and shall be consistent with the:
1. Grant program laws, rules, and applicable manuals;
2. Value of any service(s) furnished,
3. Value of any opportunities furnished; and
4. Prevailing range of public fees in the state for the activity involved.
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PROCUREMENT REQUIREMENTS
A. Procurement Requirements. lf the Sponsor has, or is required to have, a procurement process that follows
applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and
retained. lf no such process exists the Sponsor must follow these minimum procedures:
I . Publish a notice to the public requesting bids/proposals for the project;
2. Specify in the notice the date for submittal of bids/proposals;
3. Specify in the notice the general procedure and criteria for selection; and
4. Sponsor must contract or hire from within its bid pool. lf bids are unacceptable the process needs to be
repeated until a suitable bid is selected.
5. Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity,
sex, or sex-orientation that are applicable to state agencies in selecting a bidder or proposer.
Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so.
This procedure creates no rights forthe beneflt of third parties, including any proposers, and may not be
enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be
required to certify to the RCO that they have followed any applicable state and/or federal procedures or the
above minimum procedure where state or federal procedures do not apply.
TREATMENT OF EQUIPMENT AND ASSETS
Equipment shall be used and managed only for the purpose of this Agreement , unless othenruise provided herein or in the
applicable manuals, or approved by RCO in writing.
A. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the
duration of the project, or RULES of applicable grant assisted program. When the Sponsor discontinues use of the
equipment for the purpose for which it was funded, RCO may require the Sponsor to deliver the equipment to RCO,
or to dispose of the equipment according to RCO published policies.
B. Loss or Damage. The Sponsor shall be responsible for any loss or damage to equipment.
RIGHT OF INSPECTION
The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or
official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate
performance, long-term obligations, compliance, and/or quality assurance under this Agreement. lf a landowner agreement or
other form of control and tenure has been executed, it will further stipulate and define the RCO's right to inspect and access
lands acquired or developed with this funding assistance.
STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals, this
Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees
to utilize, where applicable and financially feasible, any monitoring protocols recommended by the RCO, provided that RCO
does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or
safety. lt is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes.
PREFERENCES FOR RESIDENTS
Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential
reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be
maintained on the basis of residence. Fees for nonresidents must not exceed twice the fee imposed on residents. Where there
is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be
imposed on residents at comparable state or local public facilities.
ACKNOWLEDGMENT AND SIGNS
A. Publications. The Sponsor shall include language which acknowledges the funding contribution of the applicable
grant program to this project in any release or other publication developed or modified for, or referring to, the project
during the project period and in the future.
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B. Signs.
L During the period of performance through the period of long-term obligation, the Sponsor shall post openly
visible signs or other appropriate media at entrances and other locations on the project area that
acknowledge the applicable grant program's funding contribution, unless waived by the director; and
2. During the period of long-term obligation, the Sponsor shall post openly visible signs or other appropriate
media at entrances and other locations to notify the public of the availability of the site for reasonable public
access.
C. Ceremonies. The Sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project.
The Sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication
ceremonies.
PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS
The following provisions shall be in force:
A. Operations and Maintenance. Properties, structures, and facilities developed, maintained, or operated with the
assistance of money granted per this Agreement Entity and within the project area shall be built, operated, and
maintained according to applicable regulations, laws, building codes, and health and public safety standards to
assure a reasonably safe condition and to prevent premature deterioration. lt is the Sponsor's sole responsibility to
ensure the same are operated and maintained in a safe and operable condition. The RCO does not conduct safety
inspections or employ or train staff for that purpose.
B. Document Review and Approval. Prior to commencing construction or finalizing the design, the Sponsor agrees to
submit one copy of all construction and restoration plans and specifications to RCO for review solely for compliance
with the scope of work to be identified in the Agreement. RCO does not review for, and disclaims any responsibility to
review for safety, suitability, engineering, compliance with code, or any matters other than the scope so identified.
Although RCO staff may provide tentative guidance to a Sponsor on matters related to site accessibility by persons
with a disability, it is the Sponsor's responsibility to confirm that all legal requirements for accessibility are met even if
the RCO guidance would not meet such requirements.
1. Change orders that impact the amount of funding or changes to the scope of the project as described to and
approved by the RCO must receive prior written approval of the RCO.
C. Control and Tenure. The Sponsor must provide documentation that shows appropriate tenure (such as landowner
agreement, long-term lease, easement, or fee simple ownership) for the land proposed for construction. The
documentation must meet current RCO requirements identified in this Agreement and any applicable manual as of
the effective date of this Agreement and determines the long-term compliance period unless othenrvise provided in
any applicable manual, RCW, WAC, or as approved by the RCO.
D. Use of Best Management Practices. Sponsors are encouraged to use best management practices including those
developed as part of the Washington State Aquatic Habitat Guidelines (AHG) Program. AHG documents include
"lntegrated Streambank Protection Guidelines", 2002, "Land Use Planning for Salmon, Steelhead and Trout A land
use planner's guide to salmonid habitat protection and recovery", 2009', "Protecting Nearshore Habitat and Functions
in Puget Sound", 2010; "Stream Habitat Restoration Guidelines", 2O12,"\Nater Crossing Design Guidelines", 2013;
and "Marine Shoreline Design Guidelines", 2014. These documents, along with new and updated guidance
documents, and other information are available on the AHG Web site. Sponsors are also encouraged to use best
management practices developed by the Washington lnvasive Species Council (WISC) described in "Reducing
Accidental lntroductions of lnvasive Species" which is available on the WSC Web site.
LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS
A. Long-Term Obligations. Sponsor shall comply with the terms of this Agreement.
B. Perpetuity. For acquisition, development, and restoration projects, or a combination thereof, unless othenruise
allowed by applicable manual, policy, program rules, or this Agreement, or approved in writing by RCO. RCO requires
that the project area continue to function as intended after the period of performance in perpetuity.
C. Conversion. The Sponsor shall not at any time convert any real property (including any interest therein) or facility
acquired, developed, renovated, and/ or restored pursuant to this Agreement, unless provided for in applicable
statutes, rules, and policies. Conversion includes, but is not limited to, putting such property to uses other than those
purposes for which funds were approved or transferring such property to another entity without prior approval via a
written amendment to the Agreement. All real property or facilities acquired, developed, renovated, and/or restored
with funding assistance shall remain in the same ownership and in public use/access status in perpetuity unless
othenvise expressly provided in the Agreement or applicable policy or unless a transfer or change in use is approved
by the RCO through an amendment. Failure to comply with these obligations is a conversion. Further, if the project is
RCO: 18-1527 Revision Date: 1 l1l2o19 Page 15 of 19
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subject to operation and or maintenance obligations, the failure to comply with such obligations, without cure after a
reasonable period as determined by the RCO, is a conversion. Determination of whether a conversion has occurred
shall be based upon the terms of this Agreement, including without limitation all WACs and manuals deemed
applicable and all applicable laws.
For acquisition projects that are expressly term limited in the Agreement, such as one involving a lease or a term-
limited restoration, renovation or development project or easement, the restriction on conversion shall apply only for
the length of the term, unless otheruise provided by this Agreement, any applicable manual or WAC, or any
applicable state or federal law.
When a conversion has been determined to have occurred, the Sponsor is required to remedy the conversion per this
Agreement and the applicable manuals, WACs and laws, and the RCO may pursue such remedies as the above
allows.
CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS
The following provisions shall be in force for this agreement:
A. Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with
the grant funds, including undeveloped sites, are built, operated, used, and maintained:
1. According to applicable federal, state, and local laws and regulations, including public health standards and
building codes;
2. ln a reasonably safe condition for the project's intended use;
3. Throughout its estimated useful service life so as to prevent undue deterioration;
4. ln compliance with all federal and state nondiscrimination laws, regulations and policies.
B. Open to the public. Unless otherwise specifically provided for in the Agreement, and in compliance with applicable
statutes, rules, and applicable WACs and manuals, facilities must be open and accessible to the general public, and
must:
Be constructed, maintained, and operated to meet or exceed the minimum requirements of the most current
guidelines or rules, local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules,
including but not limited to: the lnternational Building Code, the Americans with Disabilities Act, and the
Architectural Barriers Act, as amended and updated.
2. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods
3. Be available for appropriate use by the general public at reasonable hours and times of the year, according
to the type of area or facility, unless otherwise stated in RCO manuals, by a decision of the RCO director in
writing. Sponsor shall notify the public of the availability for use by posting and updating that information on
its website and by maintaining at entrances and/or other locations openly visible signs with such information.
ORDER OF PRECEDENCE
This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The
provisions of the Agreement shall be construed to conform to those laws. ln the event of a direct and irreconcilable conflict
between the terms of this Agreement and any applicable statute, rule, or policy or procedure, the conflict shall be resolved by
giving precedence in the following order:
A. Federal law and binding executive orders;
B. Code of federal regulations;
C. Terms and conditions of a grant award to the state from the federal government;
D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal
law;
E. State law (constitution, statute);
F. Washington Administrative Code;
G. Applicable RCO manuals
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LIMITATION OF AUTHORITY
Only RCO's Director or RCO's delegate by writing (delegation to be made prior to action) shall have the authority to alter
amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment,
modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written
amendment to this Agreement and signed by the RCO Director or delegate.
WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the
Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a
modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the directois
designee, and attached as an amendment to the original Agreement.
APPLICATION REPRESENTATIONS - MISREPRESENTATIONS OR INACCURACY OR BREACH
The Funding Entity (if different from RCO) and RCO relies on the Sponsor's application in making its determinations as to
eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the
application may be deemed a breach of this Agreement.
SPECIFIC PERFORMANCE
RCO may enforce this Agreement by the remedy of specific performance, which usually will mean completion of the project as
described in this Agreement and /or enforcement of long-term obligations. However, the remedy of specific performance shall
not be the sole or exclusive remedy available to RCO. No remedy available to the RCO shall be deemed exclusive. The RCO
may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement , or under any provision
of law, common law, or equity, including but not limited to seeking full or partial repayment of the grant amount paid and
damages.
TERMINATION AND SUSPENSION
The RCO will require strict compliance by the Sponsor with all the terms of this Agreement including, but not limited to, the
requirements of the applicable statutes, rules, and RCO policies, and with the representations of the Sponsor in its application
for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. S 200.340.
A. For Cause.
1. The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this
Agreement;
a. lf the Sponsor breaches any of the Sponsor's obligations under this Agreement;
b. lf the Sponsor fails to make progress satisfactory to the RCO director toward completion of the
project by the completion date set out in this Agreement. lncluded in progress is adherence to
milestones and other defined deadlines; or
c.lf the primary and secondary Sponso(s) cannot mutually agree on the process and actions needed
to implement the project;
2. Prior to termination, the RCO shall notify the Sponsor in writing of the opportunity to cure. lf corrective action
is not taken within 30 days or such other time period that the director approves in writing, the Agreement may
be terminated. ln the event of termination, the Sponsor shall be liable for damages or other relief as
authorized by law and/or this Agreement.
3. RCO reserves the right to suspend all or part of the Agreement , withhold further payments, or prohibit the
Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and
pending corrective action by the Sponsor, or a decision by the RCO to terminate the Contract.
B. For Convenience. Except as otheruise provided in this Agreement, RCO may, by ten (10) days written notice,
beginning on the second day after the mailing, terminate this Agreement, in whole or in part when it is in the best
interest of the state. lf this Agreement is so terminated, RCO shall be liable only for payment required under the terms
of this Agreement prior to the effective date of termination. A claimed termination for cause shall be deemed to be a
"Termination for Convenience" if it is determined that:
1. The Sponsor was not in default, or
2. Failure to perform was outside Sponsor's control, fault or negligence
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C Rights of Remedies of the RCO.
1. The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any
other rights and remedies provided by law.
2. ln the event this Agreement is terminated by the director , after any portion of the grant amount has been
paid to the Sponsor under this Agreement , the director may require that any amount paid be repaid to RCO
for redeposit into the account from which the funds were derived. However, any repayment shall be limited to
the extent it would be inequitable and represent a manifest injustice in circumstances where the project will
fulfill its fundamental purpose for substantially the entire period of performance and of long-term obligation.
D. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and
federal funds through legislative appropriation and state allotment. lf amounts sufficient to fund the grant made under
this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO
shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the
Legislature or the Office of Financial Management occurs. lf RCO participation is suspended under this section for a
continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate.
Termination of the Agreement under this section is not subject to appeal by the Sponsor.
Suspension: The obligation of the RCO to manage contract terms and make payments is contingent upon
the state appropriating state and federal funding each biennium. ln the event the state is unable to
appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the
Agreement, with ten (10) days written notice, until such time funds are appropriated. Suspension will mean
all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides
notice to continue work.
DISPUTE HEARING
Except as may otherwise be provided in this Agreement , when a dispute arises between the Sponsor and the RCO, which
cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's
request for a dispute hearing must be in writing and clearly state:
A. The disputed issues;
B. The relative positions of the parties
C. The Sponsor's name, address, project title, and the assigned project number
ln order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that
the procedure underthis section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three
persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the
two persons initially appointed. lf a third person cannot be agreed on, the persons chosen by the Sponsor and director shall be
dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on
a third person. This process shall be repeated until a three person panel is established.
Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according
to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so
agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes.
The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the
authority of either or both parties to perform, as necessary, or is otherwise unlawful.
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request
shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position
of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of
those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the
receiving party of the request.
All costs associated with the implementation of this process shall be shared equally by the parties.
ATTORNEYS'FEES
ln the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and
costs,
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GOVERNING LAWVENUE
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. ln the event of a
lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; othenruise venue shall be
in a county where the prolect is situated, if venue there is legally proper, and if not, in a county where venue is legally proper.
The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington.
SEVERABILITY
The provisions of this Agreement are intended to be severable. lf any term or provision is illegal or invalid for any reason
whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement.
END OF AGREEMENT
This is the end of the agreement.
RCO: 18-1527 Revision Date: 1 1112019 Page 19 of 19
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fl13RESOLUTION NO.
A RESOLUTION of the city council of the
city of Kent, Washington, that: (1) authorizes the
submission of applications for grant funding
assistance through the Land and Water
Conservation Fund Outdoor Recreation Legacy
Partnership Program of the Recreation and
Conservation Office, as provided for in Chapters
79A.15 and 79A.25 of the Revised Code of
Washington, Chapter 286 of the Washington
Administrative Code, and other applicable
authorities, for renovation of West Fenwick Park
and field drainage services at Service Club
Ballfields, and (2) identifies the Parks Director as
the City's authorized representative for purposes of
securing the grants and binding the City to the
grant terms and conditions.
RECITALS
A. Under the provisions of the Land and Water Conservation
Fund, Outdoor Recreation Legacy Partnership Program, state grant
assistance is requested by the city of Kent to aid in financing the cost of
the West Fenwick Park renovations. Under the provisions of the Youth
Athletic Facilities Program, state grant assistance is requested by the city
of Kent to aid in financing the cost of the Service Club Park field drainage
services.
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West Fenwick Park and Seruice Club Park-
Application to Recreation & Conseruation Office
Land and Water Conseruation Fund,
Outdoor Recreation Legacy Paftnership Program
8.I.b
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B. The city of Kent considers it in the best public interest to
complete the projects described in the applications.
C. As part of this same grant application process, the City
Council previously passed Resolutions No, 1966 and No. L97L. Due to
formatting requirements from RCO, this Resolution is needed to repeal and
replace those prior resolutions.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 7. - Repeal and Replace. Resolutions No. 1966 and No.
t97L are hereby repealed in their entirety and replaced with this
Resolution.
SECTION 2. - Intent to Apply. The City has applied for or intends to
apply for funding assistance managed by the Washington State Recreation
and Conservation Office (*RCO") for the West Fenwick Park Renovation
Project (#L8-22O7) and the Service Club Park Ballfield Drainage Services
Project (# t9-L527) (" Projects").
SECTION 3, - Authorized Representative. The City has applied for or
intends to apply for funding assistance managed by the Office for the above
Projects. Julie Parascondola, Parks Director, is authorized to act as a
representatíve/agent for the City with full authority to bind the organization
regarding all matters related to the Project(s), including but not limited to,
full authority to: (1) approve submittal of a grant application to the Office,
(2) enter into a project agreement(s) on behalf of the City, (3) sign any
2
West Fenwick Park and Seruice Club Park-
Application to Recreation & Conseruation Office
Land and Water Conservation Fund,
Outdoor Recreation Legacy Paftnership Program
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amendments thereto on behalf of the City, (4) make any decisions and
submissions required with respect to the Project(s), and (5) designate a
project contact(s) to implement the day-to-day management of the
grant(s).
SECTION 4. - Agreement. The City has reviewed the sample project
agreement on the Recreation and Conservation Office's WEBSITE at:
https : //rco. wa . g ovld ocu m e nts/m a n ua I s&fo rm s/Sa m p I e ProjAg ree m e nt. pdf .
The City understands and acknowledges that if offered a project agreement
to sign in the future, it will contain an indemnification and legal venue
stipulation (applicable to any sponsor) and a waiver of sovereign immunity
(applicable to Tribes) and other terms and conditions substantially in the
form contained in the sample project agreement and that such terms and
conditions of any signed project agreement shall be legally binding on the
sponsor if the City's representative/agent enters into a project agreement
on the City's behalf. The Office reserves the right to revise the project
agreement prior to execution and shall communicate any such revisions
with the above authorized representative/agent before execution.
SECTION 5. - Legal Authority. The City acknowledges and warrants,
after conferring with its legal counsel, that its authorized representative/agent
has full legal authority to enter into a project agreement(s) on its behalf, that
includes indemnification, waiver of sovereign immunity (as may apply to
Tribes), and stipulated legal venue for lawsuits and other terms substantially in
the form contained in the sample project agreement or as may be revised prior
to execution.
3
West Fenwick Park and Seruice CIub Park-
Application to Recreation & Conseruation Office
Land and Water Conseruation Fund,
Outdoor Recreation Legacy Pa rtnersh i p Prog ra m
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ECTION 6, - Contingent Funding. Grant assistance is contingent on
a signed project agreement. Entering into any project agreement with the
Office is purely voluntary on the City's part.
SECTION 7. Varying Policies and Requirements. The City
understands that grant policies and requirements vary depending on the
grant program applied to, the grant program and source of funding in the
project agreement, the characteristics of the project, and the
characteristics of the City.
SECTION 8, - Revisions to Aqreement. The City further understands
that prior to the City's authorized representative/agent executing the
project agreement(s), the RCO may make revisions to its sample project
agreement and that such revisions could include the indemnification, the
waiver of sovereign immunity, and the legal venue stipulation. The City
accepts the legal obligation that the City shall, prior to execution of the
project agreement(s), confer with the City's authorized
representative/agent as to any revisions to the project agreement from
that of the sample project agreement. The City also acknowledge and
accept that if the City's authorized representative/agent executes the
project agreement(s) with any such revisions, all terms and conditions of
the executed project agreement (including but not limited to the
indemnification, the waiver of sovereign immunity, and the legal venue
stipulation) shall be conclusively deemed to be executed with the City's
a uthorization.
SECTION 9, - Allowable Costs. Any grant assistance received will be
used for only direct eligible and allowable costs that are reasonable and
necessary to implement the project(s) referenced above.
4
West Fenwick Park and Seruice Club Park-
Application to Recreation & Conseruation Otrice
Land and Water Conseruation Fund,
Outdoo r Recreati on Leg acy Pa rtnersh i p Prog ra m
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SECTION 70. - No Additional Authorization Required. The City
acknowledges and warrants, after conferring with its legal counsel, that no
additional legal authorization beyond this authorization is required to make
the indemnification, the waiver of sovereign immunity (as may apply to
Tribes), and the legal venue stipulation substantially in form shown on the
sample project agreement or as may be revised prior to execution legally
binding on the City upon execution by the City's representative/agent.
SECTION 77. -Matching Funds Availability. If match is required for
the grant, the City understands the City must certify the availability of
match at least one month before funding approval. In addition, the City
understands it is responsible for supporting all non-cash matching share
commitments to this project should they not materialize.
SECTION 72, - Reimbursement Basis. The City acknowledges that if
it receives grant funds managed by the Office, the Office will pay us on only
a reimbursement basis. The City understands reimbursement basis means
that the City will only request payment from the Office after the City incur
grant eligible and allowable costs and pay them. The Office may also
determine an amount of retainage and hold that amount until the Project is
complete.
SECTION 73. - Property Dedications. The City acknowledges that
any property owned by the City that is developed, renovated, enhanced, or
restored with grant assistance must be dedicated for the purpose of the
grant in perpetuity unless otherwise allowed by grant program policy, or
Office in writing and per the project agreement or an amendment thereto.
5
West Fenwick Park and Seruice Club Park-
Application to Recreation & Consentation Office
Land and Water Conservation Fund,
Outdoor Recreation Leg acy Pa rtnersh i p Prog ra m
8.I.b
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SECTION 74, - Puget Sound Partnership. The City certifies the
following: the Project does not conflict with the Puget Sound Action Agenda
developed by the Puget Sound Partnership under RCW 90.71.310.
SECTION 75, Resolution - Part of Application.
resolution/authorization is deemed to be part of the formal
application to the Office.
This
grant
SECTION 76, - Certification The City warrants and certifies, after
conferring with its legal counsel, that this resolution/authorization was
properly and lawfully adopted following the requirements of the City and
applicable laws and policies and that the City has full legal authority to
commit the City to the warranties, certifications, promises and obligations
set forth herein.
SECTION 77. - Effective Date. This resolution shall take effect and
be in force immediately upon its passage.
PASSED at a regu ar open p
iP'
ic meetin by the C ity Council of the
City of Kent, Washington, this day of r 2018
CONCURRED in by the Mayor of the City of Kent this
rL 2018.
k)Y DANA RALPH, MAYO
W \l\ ì*vn Éoycu
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West Fenwick Park and Seruice Club Park-
Application to Recreation & Conseruation Office
Land and Water Conseruation Fund,
Outdoor Recreation Leg a cy Pa rtnersh i p Prog ra m
Z'- day or
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ATTEST:
KIMBERLEY A.OTO, CITY CLERK
APPROVED AS TO
P:\Civil\Reeotution\RCO-WeslFenwickParkRenov¿tlons.dod
PATRICK, CITY RNEY
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West Fenwick Park and Seruice CIub Park-
Application to Recreation & Conseruation Office
Land and Water Conservation Fund,
Outdoor Recreati on Leg acy Pa rtnersh i p Progra m
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DATE: August 6, 2019
TO: Kent City Council
SUBJECT: Agreement for Award of King Conservation District WRIA
Forum Grant - Downey Farmstead Restoration Project -
Authorize
MOTION: Authorize the Mayor to sign a Grant Agreement with the King
Conservation District accepting the King Conservation District WRIA Forum
grant, in the amount of $98,575.00, to help fund ongoing work at the
Downey Farmstead Restoration site, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: The City of Kent is currently underway in constructing nearly 2,000 LF
of side channel tributary to the Green River to provide rearing and refuge habitat
for threatened Chinook and other salmon species. This grant agreement will fund
$98,575 earth excavation and associated work.
Due to the significant benefits of the project and the success of earlier construction
phases, the city continues to receive state and regional grant funds geared towards
salmon recovery efforts.
BUDGET IMPACT: The City will provide matching staff time with an estimated
value of $15,000 from the drainage utility fund in support of this grant. Previous
grants in the amount of $2,666,856 have been secured in support of multiple
phases of this project.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City
ATTACHMENTS:
1. Kent WRIA AGREEMENT (PDF)
07/15/19 Public Works Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
8/6/2019 5:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Dennis Higgins, Brenda Fincher, Toni Troutner
8.J
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AGREEMENT FOR AWARD OF
KING CONSERVATION DISTRICT WRIA FORUM GRANT
Green-Duwamish- Central Puget Sound Watershed Forum (WRIA 9) City of Kent
This Agreement is made between the King Conservation District Number 9, a municipal
corporation in King County, Washington, located at 800 SW 39th Street, Suite 150, Renton, WA
98057, Renton, WA 98057 (referred to herein as “District”), and the City of Kent, a municipal
corporation in King County, Washington, located at 220 4th Avenue South, Kent, WA 98032-
5895 (referred to herein as “Recipient”), for the purposes set forth herein.
SECTION 1. RECITALS
1.1 Whereas, the District is a special purpose district organized and existing under
authority of Chapter 89.08 RCW which engages in certain activities and programs to conserve
natural resources, including soil and water, which activities are declared to protect and promote
the health, safety, and general welfare of the people of the state of Washington; and
1.2 Whereas, pursuant to RCW 89.08.400 and/or RCW 89.08.405, King County has
authorized and imposed a system of assessments and/or a system of rates and charges to finance
the activities and programs of the District; and
1.3 Whereas, pursuant to RCW 89.08.220 and RCW 89.08.341 the District is
authorized to enter into agreements with municipal entities and agencies (governmental or
otherwise), or their designees, in order to carry out and facilitate the activities and programs of the
District to conserve natural resources; and
1.4 Whereas, certain Watershed Forums were established in King County and through
the voluntary association of agencies and entities situated within the particular watershed basins
or areas (i.e., Snoqualmie Watershed Forum; Cedar/Lake Washington/Sammamish Watershed
Forum; Green/Duwamish/Central Puget Sound Watershed Forum) for the purpose of addressing
and responding to environmental needs within their respective watershed basins and in the region
by cooperative efforts; and
1.5 Whereas, the Watershed Forums include representatives of jurisdictions that are
located within or have a major interest in the management of Water Resources Inventory Areas
(WRIA) 7, 8 and 9; and
1.6 Whereas, the District has reviewed the grant application submitted by Recipient
and has determined that the application meets the requirements of Chapter 89.08 RCW, the
District's policies and procedures for awarding grants; and
1.7 Whereas, the District and Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions relating to the District's award of a grant to
Recipient.
8.J.a
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SECTION 2. AGREEMENT
2.1 The District agrees to award Recipient a grant in the total amount of Ninety-Eight
Thousand Five Hundred Seventy-Five Dollars ($98,575.00) from Returned, 2006 and 2009 KCD-
WRIA 9 Funds. Grant funds shall be used by Recipient solely for the performance of the work
described in Exhibit A which is attached hereto and incorporated herein by this reference. The
District shall pay the grant funds to Recipient in accordance with the District’s policies and
procedures, including but not limited to, the policies and procedures contained in the applicable
grant program guidelines, provided that such funds have been collected and received by the
District.
2.2 Recipient represents and warrants that it will only use the grant funds for the work
described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3.3 of the
Agreement. Recipient shall be required to refund to the District that portion of any grant funds
which are used for unauthorized work. Further, Recipient agrees to return to the District any grant
funds that are not expended or remain after completion of the work covered by this Agreement.
2.3 Recipient acknowledges and agrees that the grant funds may only be expended on
work which shall be entirely within the District's jurisdictional boundaries. The following
municipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal Way,
Milton, Pacific, and Skykomish. Recipient shall be required to refund to the District that portion
of any grant funds which are used for work performed outside the District's jurisdictional
boundaries.
2.4 In the event the scope of work authorized by this Agreement includes the use of
grant funds to purchase houses located on real property within a flood hazard area, Recipient
acknowledges and agrees that grant funds may only be used for such purposes if the houses to be
purchased were constructed before floodplain mapping or sensitive areas regulations were in place
for that area. Recipient shall be required to refund to the District that portion of any grant funds
which are used for unauthorized purposes.
2.5 Recipient shall be required to provide the District with regular financial and project
progress reports for the duration of the project. Grant funds are remitted to the Recipient on a
reimbursement payment basis. Project progress reports must be submitted with each
reimbursement request. Project progress and financial reports, along with the final narrative and
financial summary reports shall be submitted through the District’s online grant portal. The
Recipient shall be required to submit to the District a final report which documents the Recipient’s
completion of the work in conformance with this Agreement within thirty (30) days after the
completion of the work. The final report shall, among other things, summarize the project’s
successes and shall address the regional benefits accomplished by the work. The final report shall
also identify any obstacles or challenges which were encountered during the work, along with
general recommendations regarding ways to avoid such obstacles or challenges in the future. If
requested, Recipient agrees to provide the District with additional financial or progress reports
from time to time, at reasonable intervals.
8.J.a
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2.6 Recipient's expenditures of grant funds shall be separately identified in the
Recipient's accounting records. If requested, Recipient shall comply with other reasonable
requests made by the District with respect to the manner in which project expenditures are tracked
and accounted for in Recipient's accounting books and records. Recipient shall maintain such
records of expenditures as may be necessary to conform to generally accepted accounting
principals and to meet the requirements of all applicable state and federal laws.
2.7 If the Recipient is a Washington municipal agency, Recipient shall be required to
track project expenses using the Budget Accounting and Reporting System for the State of
Washington ("BARS").
2.8 The District or its representative shall have the right from time to time, at reasonable
intervals, to audit the Recipient's books and records in order to verify compliance with the terms
of this Agreement. Recipient shall cooperate with the District in any such audit.
2.9 Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established in the Revised Code of Washington and the
Washington State Archivist.
2.10 Recipient shall ensure that all work performed by Recipient or its employees,
agents, contractors or subcontractors is performed in a manner which protects and safeguards the
environment and natural resources and which is in compliance with local, state and federal laws
and regulations. Recipient shall implement an appropriate monitoring system or program to ensure
compliance with this provision.
2.11 Recipient agrees to indemnify, defend and hold harmless the District, its elected or
appointed officials, employees and agents, from all claims, alleged liability, damages, losses to or
death of person or damage to property allegedly resulting from the negligent or intentional acts of
the Recipient or any of its employees, agents, contractors or subcontractors in connection with this
Agreement.
2.12 Recipient agrees to acknowledge the District as a source of funding for this project
on all literature, signage or press releases related to said project.
2.13 Recipient shall notify the District if Recipient intends to sell, salvage, or otherwise
dispose of any equipment purchased with grant funds. The proceeds received by Recipient from
any sale, salvage or disposition, or the value of the equipment if proceeds were not received from
any such action, must be: (a) re-invested back into the originally awarded project; (b) invested in
a similar project with District approval; or (c) returned to the District.
SECTION 3. GENERAL PROVISIONS
3.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto
and their respective successors and assigns.
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Suzanna Smith King County
Printed On: 8 May 2019 WRIA Grants 1
Downey Farmstead Side Channel Restoration Phase II
WRIA Grants
King County
Maureen Dahlstrom
201 S Jackson St, Ste 600
Seattle, WA 98104
O: 206-477-4687
Suzanna Smith
susmith@kingcounty.gov
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Printed On: 8 May 2019 WRIA Grants 2
Application Form
Summary Information
Project Title*
Downey Farmstead Side Channel Restoration Phase II
Select the WRIA where this project will occur*
9
Amount of KCD Funding Requested
Below you will find a link to the budget form to be uploaded. Please fill in the amount requested here and make
sure the amount requested and total project cost amounts you list here match the amounts in the uploaded
budget document.
$98,575.00
Upload Budget Form
Upload the WRIA grant application project budget form emailed to you.
Copy of KCDWRIA_Application_Budget_Form_to_Upload_Downey_041719.xlsx
Total Project Cost
$5,307,492.00
Project Start Date
05/01/2019
Project End Date
01/01/2021
Project Location
Address, Parcel #, OR L&L Points, for site specific projects only.
If more than two locations, state “multiple” and explain.
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Printed On: 8 May 2019 WRIA Grants 3
24955 Frager Road South, Kent, WA 98032-5895 Parcel #2322049029, 2322049028, 2322049020, &
2322049049
Downey Farmstead consists of 4 parcels totaling 22-acres purchased and owned by City of Kent for this
project. The site is bound by the Green River to the north and Highway 516 to the south
Close Date
Historical Latitude
Historical Longitude
State Legislative District #
Click here to find it on the web.
33
King County District #
Click here to find it on the web
5
Project Description
WRIA Project Description*
Provide a brief description of the project that summarizes what you will do, how you will do it, and why you will do
it. Consider the following in the answer to this question: what pressing need will be addressed by the project or
what promising opportunity will be capitalized on? Who or what will benefit or be positively and negatively
affected?
City of Kent will restore juvenile salmon habitat by constructing a side channel and reconnecting
floodplain on the left bank of the Green River between river mile (RM) 21.5 and RM 22.3 on property
acquired by the city in 2008. The downstream edge of the site coincides with the confluence of Mullen Slough
with the Green River, in unincorporated King County. When restoration is complete, side-channel rearing and
refuge habitat will be available to juvenile salmon throughout most of the year, particularly juvenile Chinook
salmon that inhabit the Green River. Additional fish resources present at the site and expected to utilize the
project area are bull trout, chum, coho, cutthroat, pink, winter steelhead, pacific lamprey and river lamprey.
Enhancing habitat for improved juvenile salmonid rearing, lifestage diversity, and productivity is a priority in
the Green River watershed. A secondary goal of the project is to create additional flood storage and to help
alleviate flood damages in urban and agricultural areas in the project vicinity. SRFB funding has been secured
to fund Phase II of restoration (15-1240) to relocate Frager Road Right of Way and utilities away from the
river's edge to maximize the site for the side channel network and expanded floodplain. Clearing and
grubbing, utility relocation and partial excavation of the site (55,000 CY out of a total of 210,000 CY) was
completed in 2018.
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Printed On: 8 May 2019 WRIA Grants 4
The final project phase (Phase III) will create over 1,875 linear feet of side-channel and 6.34-acres of
intermittently inundated aquatic habitat (below the current ordinary high water mark) accessible to salmon
most of the year adjacent to the Green River near the SR 516 bridge (River Mile 22.1). The project will
connect the mainstem with a portion of the floodplain and will create additional floodplain storage to help
alleviate flood risk and damage to nearby urban and agricultural areas. By removing over 210,000 CY of
material from the floodplain for creation of the side-channel network, the project will provide 130 acre-feet of
additional floodplain storage and lower peak flood levels by up to six inches. A total of 50 large-wood
structures will be placed as well as thousands of native shrubs, trees and groundcover plantings to provide
off-channel habitat for fish and other wildlife.
The lack of rearing habitat in the Lower Green River (between RM 32 and 11) and the estuary is the
critical factor for the productivity of fry migrants, and this project is important for filling that need.
Specifically, the limiting factor is the lack of suitable nursery habitat for migrating fry to reach parr-size
before ocean entry. The certainty of the lack of rearing habitat being a primary limiting factor of population
growth was recently verified by Anderson and Topping 2018. This project is one of five recently completed or
active projects located within a five mile reach of the Lower Green River that are planned that address this
limiting factor. This five mile reach also includes three of the relatively few accessible creeks (no flap gates on
the mouth) in the Lower Green where juvenile Chinook are known to rear. Viewed individually, these projects
all provide important Chinook benefits, but collectively, the benefits are much greater – perhaps enough to
substantially improve the survival of the fry life history type that relies on the Lower Green for rearing.
The City of Kent will provide stewardship and maintenance of this property which is under city
ownership after contracted construction obligations are fulfilled. The city’s storm and vegetation crews will
maintain the project site and the county will maintain the relocated Frager Road. Once the restoration phase
is completed, city staff qualified in stream and wetland restoration and maintenance will monitor and
maintain the properties following the guidelines and requirements for critical areas. As-builts will be created
and baseline monitoring and photographic documentation will be conducted immediately after construction
and include a site inventory of the vegetation, topography, soils, hydrology, stream conditions, and wildlife
species. This information will be collected for at least 10 years after construction and used to compare with
goals and objectives. Adaptive management measures will be employed if monitoring reveals substantial
deviation from original goals and objectives. Interpretive signage and wildlife passable fencing will be
installed along property lines (as appropriate), to provide educational opportunities for the public, yet limit
access to the sites. Site access will be maintained for Muckleshoot Tribal treaty-protected fishing activities.
Natural Resource Improvement Actions- Criteria Checklist
Migration Category - Internal
Direct Improvement of Natural Resource Conditions*
To improve landscape and natural resource conditions as a result of direct action that enhances water quality,
protects and conserves soils, implements ecosystem restoration and preservation projects (examples include
supporting private property owners with land stewardship, water quality, aquatic and wildlife habitat resources,
removal of invasive weeds, stewardship on public land)
Does your project directly address this issue?
Yes
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Suzanna Smith King County
Printed On: 8 May 2019 WRIA Grants 5
Education and Outreach*
To raise awareness, deepen knowledge, and change behaviors of residents, landowners, and other land managers
and organizations to practice exemplary stewardship of natural resources (examples include education about
stormwater management; the value of farmland, local farms and food systems, shorelines, salmon habitat, forests
and other ecosystems)
Does your project directly address this issue?
No
Pilot and Demonstration Projects*
To test and/or improve concepts and/or approaches in natural resource management that can be replicated by
others (examples include low impact development or green infrastructure demonstration projects, development of
new best management practices, distribution of local farm products, urban agriculture (e.g. farmers markets and
backyard food production to promote or support social economic independence and healthy living); technological
innovation for natural resource conservation)
Does your project directly address this issue?
No
Capacity Building*
To enhance the ability of organizations, agencies, residential landowners and other land owners and managers to
have knowledge, skills, tools, support systems and technical resources to implement exemplary best management
practices and deliver natural resource management actions on the ground (examples include urban agriculture
development, assistance to and inclusion of private property owners, preservation, restoration, and/or expansion of
urban and/or rural agricultural lands, rural and urban forest lands, riparian restoration and stewardship on private
and public lands)
Does your project directly address this issue?
No
Acquisition
No
Research/Study
No
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Suzanna Smith King County
Printed On: 8 May 2019 WRIA Grants 6
Project Type*
Shorelines, Urban
Do project outcomes meet natural resource priorites?*
Natural Resource Improvement Actions – describe how the project will address a minimum of one of the natural
resource improvement actions described above. Consider the following in your answer to this question: What
natural resources will be improved? What are the known needs, gaps or deficits that will be addressed? What are
the known benefits to soil, water, air, plants, fish and wildlife, landowners?
The main outcomes of this project are: 1) Create over 1,875 LF of side-channel habitat for juvenile
Chinook salmon accessible during the primary outmigration period (January – June) – flow-through
conditions are expected to occur approximately 150 days each year during this Jan – July timeframe (75% of
the outmigration period) with planned excavation quantities and depths; 2) Provide quality rearing habitat
for all salmonids throughout most of the year by excavating channels to appropriate levels (backwater
portions of the downstream end of the channel are expected to be wetted at least 9-months each year); 3)
Provide over 18 acres of native riparian and upland vegetation providing refuge and rearing habitat for
salmonids, habitat for wildlife and improved water quality; 4) Create 130 acre-feet of additional floodplain
storage; and 5) Install 50 large wood habitat structures within the floodplain and side channel to create
complex salmon habitat, maintain hydraulic connectivity and limit sediment retention.
Overall project goals, as identified in the WRIA 9 Salmon Habitat Plan, are to restore habitat along the
Lower Green River by: creating rearing and flood refuge habitat for juvenile salmon; reconnecting mainstem
and tributaries with portions of the floodplain; installing anchored large woody debris; and controlling
invasive plant species and planting with native plants. While the project is focused on juvenile Chinook
salmon needs, the project also addresses the limiting factors and habitat needs of steelhead and coho. It will
also provide over one-half mile of south bank shade over an extremely temperature-impaired river segment.
These goals will be met once the restoration phase of the project is constructed.
Activities, Deliverables & Timelines
Activities, Deliverables and Timelines*
List specific project activities to be completed, the deliverables associated with those activities, and the timetable
for the activities. Consider the following in your answer to this question: What actions, interventions, programs,
services will be deployed?
This restoration phase of the project is the final phase of the project and will restore river processes by
constructing a side channel network and reconnecting and expanding floodplain on the left bank of the Green
River between river mile (RM) 21.5 and RM 22.3. The relocated road and trail will provide a greater
buffer/setback from the river. Note that this final phase of construction is currently scheduled for 2020.
The project tasks include:
1. February 2020 – City bids construction project;
2. March 2020 – City awards construction contract;
3. June 2020 – August 2021 – Project construction:
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Printed On: 8 May 2019 WRIA Grants 7
a) Contractor will mobilize - Clearing and grubbing of interior of site and road relocation (away from the
bank of the river) will have already occurred during 2018 and 2019. Erosion control along the bank of the
river will be installed and clearing and grubbing riverward of the existing Frager Road will be completed.
b) Contractor will excavate the expanded floodplain and construct the side channel network (to the
extent possible with available funding).
c) Contractor will install habitat structures in the constructed side channel and floodplain.
d) Contractor will install soil amendments, seed, mulch and native riparian and upland vegetation.
f) City will provide project management throughout the duration of construction.
g) City will design and install interpretive signage.
Project deliverables result in benefits to water temperature, fish and other wildlife, and the public. Full
project deliverables include:
1. Installation of erosion control along Green River and clearing and grubbing of remaining invasive
vegetation along river-bank.
2. Creation of over 1,875 linear feet of side-channel network and 130 acre-feet of additional floodplain
storage.
3. Installation of 50 large woody debris and engineered log jams to create complex salmon habitat and
maintain hydraulic connectivity.
4. Installation of 5,400 square yards of fabric and planting of thousands of live stakes and other native
plants.
5. Site restored with thousands of native trees (10-12’ o.c. average spacing), shrubs, willows and native
emergent plugs over 18 acres providing refuge and rearing habitat for salmonids and habitat for wildlife.
6. Project management of the construction project will ensure safety for construction workers and the
public, keep the project on schedule and provide quality assurance.
7. Two interpretive signs will provide educational opportunities for the public on the value and benefits
of the restoration project.
King Conservation District Funding Acknowledgement*
Please describe how you will acknowledge the KCD-WRIA funding as part of your project activities. Examples
include using the KCD logo on all materials and signs related to the project or holding a press conference with KCD
to promote the project.
This project has previously received funding from the King Conservation District for project design and
acquisition and construction (2007 & 2012 demolition, clean-up and design funding). The City of Kent and
WRIA 9 staff will acknowledge the King Conservation District for all past and future funding support in all
communication and outreach materials developed as part of the project. The KCD logo will be part of the
signage posted for the project upon completion. Additionally, the District will be acknowledged as a key
funding partner for this project when engaging in outreach efforts to mobilize additional funding sources.
Funding Year and Reports
Funding Year
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Printed On: 8 May 2019 WRIA Grants 9
File Attachment Summary
Applicant File Uploads
• Copy of KCDWRIA_Application_Budget_Form_to_Upload_Downey_041719.xlsx
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Existing Conditions
SR 516
GREEN RIVER
DOWNEY FARMSTEAD SIDE-
CHANNEL CREATION PROJECT AREA
Aerial Photo taken March 30, 2011
N
EXISTING FRAGER ROAD
(To be relocated)
MEEKER STREET
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Project Name
Applicant
Contact
Mailing Address
E-mail Project Start Date: 6/1/2019
Phone Project End Date: 12/31/2019
Budget Item KCD Funds Other Funds Other Funds Total
(identify source and status
of matching funds here)
(identify source and status
of matching funds here)
Salaries & Benefits $15,000 $15,000
Travel/ Meals/ Mileage
(for - volunteers, staff)
$0
Office Supplies $0
Field Supplies $0
Contracted/
Professional Services
$83,575 $15,000 $98,575
Permits $0
Other: (specify)$0
Other: (specify)$0
Other: (specify)$0
Other: (specify)$0
Other: (specify)$0
TOTAL $98,575 $15,000 $0 $113,575
Total Project Cost $113,575
Total Match $15,000
Please provide detailed budget information below. Itemize categories such as supplies, contracted services with
footnotes and detailed descriptions below
Downey Farmstead Side Channel Restoration
City of Kent
Melissa Dahl
400 West Gowe, Kent, WA 98032
Mdahl@Kentwa.gov
253-856-6511
WRIA Grant Program
Grant Application Project Budget Form
Promoting sustainable uses of natural resources through
responsible stewardship
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Amount of KCD Funding
Requested $98,575
Match Percentage 13%
Footnotes: Match funds amount were chosen to match the funds that the grant would be spending on City salaries. This fund will be
paid for by the City's drainage fund.
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After Side Channel Creation
(Photoshop Rendering)
RELOCATED FRAGER ROAD
4 NEW INLETS (ONE HIGH
WATER), ONE OUTLET
8.J.a
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DATE: August 6, 2019
TO: Kent City Council
SUBJECT: Consultant Services Agreement with Robert Half
International - Authorize
MOTION: Authorize the Mayor to sign all necessary documents to enter
into agreement with Robert Half International Inc., subject to final terms
and conditions acceptable to the Information Technology Director and the
City Attorney, for a total amount not to exceed $2,499,226.49.
SUMMARY: Robert Half International Inc. (RHT) is a staffing and recruitment
agency that specializes in placing information technology professionals in project
and contract to hire positions. The City’s Information Technology department will
leverage contractor work through Robert Half International Inc. and is currently
expected to cost no more than $2,499,226.49. through the end of 2020.
Defined in this agreement is a “Job Arrangement Letter”, that will confirm the
details of assignment of RHT’s assigned individual or contractor. The assigned
individual’s name, rate per hour and their functional role will be included within an
associated job arrangement letter. Each contractor will be assigned to execute
specific project or operational activity helping IT to better serve the technology
needs of supported City departments.
BUDGET IMPACT:
Description Cost Impact
2019 Operating Budget $1,065,936.08
2020 Operating Budget $1,206,088.00
Sub-Total $2,272,024.08
Contingency from 2019 & 2020 Operating Budget $227,202.41
Total $2,499,226.49
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government, Sustainable Services
ATTACHMENTS:
1. Exhibit A - Consultant Agreement between City of Kent and Robert Half
International Inc (PDF)
8.K
Packet Pg. 86
07/16/19 Operations Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
8/6/2019 5:00 PM
MOVER: Dennis Higgins, Councilmember
SECONDER: Bill Boyce, Councilmember
AYES: Les Thomas, Bill Boyce, Dennis Higgins
8.K
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DATE: August 6, 2019
TO: Kent City Council
SUBJECT: Consolidating Budget Adjustment Ordinance for
Adjustments Between March 1, 2019 and June 30, 2019 -
Adopt
MOTION: Adopt Ordinance No. ____, approving the consolidating budget
adjustment ordinance for adjustments made between March 1, 2019 and
June 30, 2019, reflecting an overall budget increase of $15,871,920.
SUMMARY: Authorization is requested to approve the technical gross budget
adjustment ordinance reflecting an overall budget increase of $15,871,920.
Adjustments totaling $11,285,320 have previously been approved by Council and
are summarized as follows:
$6,700,000 for Sound Transit Task Order 2, including four (4) term-limited
positions: Sound Transit Liaison, Engineer 2, Administration Assistant 2, and
Planner.
$2,004,400 in grants including King County Conservation Grants for the
YMCA/Morrill Meadows project, TIB Complete Streets Grant for Meeker, KC
Waterworks Grant, Shoreline Ecology Grant, Washington UTC Grant, and a
Phlebotomy Program Grant. See attached schedule for detailed amounts.
$1,987,570 in carryforward budgets for Fleet replacement vehicles
($1,598,800), Solid Waste grants ($274,170), and Criminal Justice equipment
($114,600) that were previously authorized in 2018.
$458,100 in salary increases per the new KPOA contract.
$76,330 for two (2) new term-limited Correction Officers tied to the Federal Way
Jail Services Contract.
$58,920 of other changes: primarily the completion of Sound Transit Task Order
1.
The remaining adjustments totaling $4,586,600 have not been previously
approved by Council. Highlights include:
• $2,150,000 transfer of funds from the Capital Resource Fund to the HCMA
System project plus another $2,150,000 for the use of those funds as
8.L
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follows:
o $1,880,000 for software, system integrations and contingency.
o $320,000 for two (2) term-limited positions (HR Analyst, Central
Financial Analyst) to backfill Human Resources and Payroll staff.
• Two (2) new positions (Paralegal and Judicial Specialist) were added as
part of the new Body Worn Cameras program. The 2019 costs for these
positions are fully offset by salary and benefit savings derived from other
budgeted positions that have not yet been filled. As such, there is no
budget impact in 2019.
• $140,000 increase to budgeted unemployment claims based on year-to-
date costs.
• $146,600 in other items including a criminal justice budget correction
($84,620), HR/Finance Director search ($45,000), repayment of an inter-
fund loan ($35,000), movement of funds to the 4th & Willis Roundabout
project ($20,000), and a decrease in telephone cost allocations of
$38,770. See attached schedule for detail.
BUDGET IMPACT: These expenditures are funded by grants, existing fund
balance, or other new revenues.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services
ATTACHMENTS:
1. Budget Adjustment Ordinance (PDF)
07/16/19 Operations Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
8/6/2019 5:00 PM
MOVER: Bill Boyce, Councilmember
SECONDER: Dennis Higgins, Councilmember
AYES: Les Thomas, Bill Boyce, Dennis Higgins
8.L
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1 2019-2020 Budget Adjustment
March 1, 2019 to June 30, 2019
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, approving the
consolidating budget adjustments made between
March 1, 2019 and June 30, 2019, reflecting an
overall budget increase of $15,731,920.
RECITALS
A. Expenditures as classified in the final, adopted budget
constitute the city’s appropriations for that year. After adoption, there are
a variety of events that will precipitate the need to amend the adopted
budget, such as grant awards, bonds issuance, collective bargaining
agreements and additional budget requests coming through Council
committees. These modifications are periodically consolidated into a
supplemental budget adjustment ordinance amending the original adopted
budget.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Budget Adjustments. The 2019-2020 biennial
budget is amended to include budget fund adjustments from March 1,
2019 to June 30, 2019, as summarized and set forth in Exhibit “A,” which
is attached and incorporated into this ordinance. Except as amended by
this ordinance, all terms and provisions of the 2019-2020 biennial budget
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2 2019-2020 Budget Adjustment
March 1, 2019 to June 30, 2019
Ordinance No. 4296, as amended by Ordinance No. 4324, shall remain
unchanged.
SECTION 2. – 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 3. – 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 4. – Effective Date. This ordinance shall take effect and
be in force five days after publication, as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
8.L.a
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Fund Title Previously
Approved
Approval
Requested
Total
Adjustment
Ordinance
General Fund 558,010 32,170 590,180
Street Fund 20,000 (1,960) 18,040
Capital Resource Fund (120,000) 2,185,000 2,065,000
Criminal Justice Fund 142,540 84,620 227,160
Street Capital Projects 6,950,000 20,000 6,970,000
Parks Capital Projects 1,445,000 750 1,445,750
Technology Capital Projects - 2,150,000 2,150,000
Other Capital Projects 166,800 (10,000) 156,800
Water Operating Fund - (2,190) (2,190)
Sewerage Operating Fund - (610) (610)
Drainage Operating Fund 250,000 (940) 249,060
Solid Waste Operating Fund 274,170 - 274,170
Golf Operating Budget - (7,570) (7,570)
Fleet Services Fund 1,598,800 (170) 1,598,630
Central Services Fund - (970) (970)
Facilities Management Fund - (400) (400)
Utility Clearing Fund - (1,130) (1,130)
Total 11,285,320 4,446,600 15,731,920
Exhibit A
City of Kent
Budget Adjustment Ordinance
Adjustments from March 1, 2019 to June 30, 2019
8.L.a
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Approval
Date or
Other Fund
Previously
Approved by
Council
Not Previously
Approved by
Council
Total
Adjustment
Ordinance
General Fund
Sound Transit Task Order 2 Positions (10% remaining in GF)6/18/2019 42,120 42,120
HR/Finance Director Position Search 45,000 45,000
KPOA Salary Increases 1/15/2019 439,560 439,560
Federal Way Jail Services Contract 6/18/2019 76,330 76,330
Correction to telephone cost allocation (12,830) (12,830)
Total General Fund 558,010 32,170 590,180
Street Fund
Establish Washington UTC Grant KCC 3.70 20,000 20,000
Correction to telephone cost allocation (1,960) (1,960)
Total Street Fund 20,000 (1,960) 18,040
Capital Resource Fund
Eliminate budgeted transfer to Sound Transit Task Order 1 7/18/2017 (150,000) (150,000)
Establish Shoreline Ecology Grant KCC 3.70 30,000 30,000
Transfer of funds to HCMA System project 2,150,000 2,150,000
Repayment of year-end CRF loan from YMCA project 35,000 35,000
Total Capital Resource Fund (120,000) 2,185,000 2,065,000
Criminal Justice Fund
Establish Phlebotomy Program Grant KCC 3.70 9,400 9,400
KPOA Salary Increases 1/15/2019 18,540 18,540
Budget corrections (uniforms and equipment)84,620 84,620
Carryover budget 2018 114,600 114,600
Total Criminal Justice Fund 142,540 84,620 227,160
Street Capital Projects
4th & Willis Roundabout (moved from Parks & ECD projects)20,000 20,000
Sound Transit Task Order 2 6/18/2019 6,700,000 6,700,000
Establish TIB Grant for Meeker 4/16/2019 250,000 250,000
Total Street Capital Projects Fund 6,950,000 20,000 6,970,000
Parks Capital Projects
True up and close Street Tree Replacement project 750 750
Establish King County Conservation Grants 4/2/2019 1,445,000 1,445,000
Total Parks Capital Projects 1,445,000 750 1,445,750
Technology Capital Projects
Establish HCMA Systems project budget 2,150,000 2,150,000
Total Technology Capital Projects - 2,150,000 2,150,000
Other Capital Projects
Sound Transit Task Order 1 7/18/2017 166,800 166,800
Movement of budget from Meet Me on Meeker to 4th & Willis (10,000) (10,000)
Total Other Capital Projects 166,800 (10,000) 156,800
Water Operating Fund
Correction to telephone cost allocation (2,190) (2,190)
Total Water Operating Fund - (2,190) (2,190)
Sewerage Operating Fund
Correction to telephone cost allocation (610) (610)
Total Sewerage Operating Fund - (610) (610)
Drainage Operating Fund
Establish King County Waterworks Grant 12/11/2018 250,000 250,000
Correction to telephone cost allocation (940) (940)
Total Drainage Operating Fund 250,000 (940) 249,060
Budget Adjustment Detail for Budget Changes
March 1, 2019 to June 30, 2019
8.L.a
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Approval
Date or
Other Fund
Previously
Approved by
Council
Not Previously
Approved by
Council
Total
Adjustment
Ordinance
Budget Adjustment Detail for Budget Changes
March 1, 2019 to June 30, 2019
Solid Waste Operating Fund
Carryover budget 2018 274,170 274,170
Total Solid Waste Operating Fund 274,170 - 274,170
Golf Operating Budget
Correction to telephone cost allocation (7,570) (7,570)
Total Golf Operating projects - (7,570) (7,570)
Fleet Services Fund
Correction to telephone cost allocation (170) (170)
Carryover budget 2018 1,598,800 1,598,800
Total Fleet Services Fund 1,598,800 (170) 1,598,630
Central Services Fund
Correction to telephone cost allocation (970) (970)
Total Central Services Fund - (970) (970)
Facilities Management Fund
Correction to telephone cost allocation (400) (400)
Total Facilities Management Fund - (400) (400)
Utility Clearing Fund
Correction to telephone cost allocation (1,130) (1,130)
Total Utility Clearing Fund - (1,130) (1,130)
Grand Total All Funds 11,285,320 4,446,600 15,731,920
8.L.a
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DATE: August 6, 2019
TO: Kent City Council
SUBJECT: Dvorak Barn Concrete Foundation and Interior Framing Bid
- Award
MOTION: Award the Dvorak Barn - Concrete Foundation and Interior
Framing Project to Serpanok Construction, Inc. in the amount of $355,597
and authorize the Mayor to sign all necessary documents, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
SUMMARY: As part of the preparations for the upcoming Russell Road Levee
improvements, the City relocated the historic Dvorak Barn, near the City’s Russell
Road Nursery. This project includes the construction of a new foundation and floor
slab. It will also include reinforcement of the barn framing and perimeter fencing to
secure the barn.
The bid opening for the Dvorak Barn – Concrete Foundation and Interior Framing
Project was held on July 30, 2019 with four bids received. The lowest responsible
and responsive bid was submitted by Serpanok Construction, Inc. in the amount of
$355,597.
Bid Tab Summary
01. Serpanok Construction, Inc. $355,597.00
02. CFC Construction LLC $378,930.20
03. Alegis Construction Inc. $422,867.06
04. Quigg Bros., Inc. $648,582.00
Engineer's Estimate $368,137.00
BUDGET IMPACT: This project is part of the City’s participation in the Lower
Russell Road Levee project. Funding will come from the Drainage Fund.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure
ATTACHMENTS:
8.M
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1. Dvorak Barn Foundation & Framing Bid Tab (PDF)
8.M
Packet Pg. 113
Dvorak Barn - Concrete Foundation and
Bid Opening: July 30, 2019, 11:00 AM Serpanok Construction, Inc. CFC Construction LLC Alegis Construction Inc. Quigg Bros., Inc.
4519 S. Orchard St. 20233 SE 192nd St. 3701 S. Norfolk St. #300 PO Box 1707
Tacoma, WA 98466 Renton, WA 98058 Seattle, WA 98118 Aberdeen, WA 98520-0281
TOTAL $355,597.00 $378,930.20 $422,867.06 $648,582.00
ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
SCHEDULE I: CONCRETE FOUNDATION & INTERIOR FRAMING
1000 Mobilization 1 LS 48,520.00 $48,520.00 40,000.00 $40,000.00 40,000.00 $40,000.00 55,000.00 $55,000.00
1005 Clearing and Grubbing 1 LS 22,530.00 $22,530.00 20,000.00 $20,000.00 2,500.00 $2,500.00 15,000.00 $15,000.00
1065 Unsuitable Foundation Excavation Incl. Haul 40 CY 40.00 $1,600.00 40.00 $1,600.00 32.50 $1,300.00 100.00 $4,000.00
1075 Gravel Borrow, Including Haul and Compaction 1,000 TON 22.00 $22,000.00 70.00 $70,000.00 25.00 $25,000.00 75.00 $75,000.00
1080 Crushed Surfacing Top Course, 5/8 Inch Minus 40 TON 32.00 $1,280.00 40.00 $1,600.00 27.00 $1,080.00 70.00 $2,800.00
1085 Crushed Surfacing Base Course, 1-1/4 Inch Minus 120 TON 32.00 $3,840.00 40.00 $4,800.00 27.00 $3,240.00 60.00 $7,200.00
1086 Construction Geotextile for Soil Stabilization 800 SY 1.00 $800.00 2.00 $1,600.00 2.00 $1,600.00 5.00 $4,000.00
1090 Cement Concrete Class 4000 180 CY 650.00 $117,000.00 412.50 $74,250.00 600.00 $108,000.00 1,000.00 $180,000.00
1091 St. Reinf. Bar for Footings and Floor Slab 10,000 LB 1.00 $10,000.00 0.6022 $6,022.00 2.50 $25,000.00 2.00 $20,000.00
1092 1 In. Diam. PVC Coated Rigid Metal Conduit 580 LF 3.00 $1,740.00 27.00 $15,660.00 20.00 $11,600.00 30.00 $17,400.00
1093 2 In. Diam. PVC Coated Rigid Metal Conduit 20 LF 5.00 $100.00 20.00 $400.00 38.00 $760.00 50.00 $1,000.00
1095 Interior Wood Framing 1 LS 16,000.00 $16,000.00 11,000.00 $11,000.00 73,000.00 $73,000.00 95,000.00 $95,000.00
1096 Foundation Drain 200 LF 32.00 $6,400.00 50.00 $10,000.00 40.00 $8,000.00 40.00 $8,000.00
1097 Excavation for Drainage Gallery 35 CY 41.00 $1,435.00 20.00 $700.00 50.00 $1,750.00 100.00 $3,500.00
1098 Drain Rock for Drainage Gallery 35 CY 33.00 $1,155.00 40.00 $1,400.00 65.00 $2,275.00 200.00 $7,000.00
1099 Perforated Pipe for Drainage Gallery 20 LF 22.00 $440.00 30.00 $600.00 60.00 $1,200.00 50.00 $1,000.00
1100 Filter Fabric for Drainage Gallery 230 SY 2.00 $460.00 2.00 $460.00 10.00 $2,300.00 10.00 $2,300.00
1101 Removal of Underground Storage Tank 1 LS 20,000.00 $20,000.00 3,000.00 $3,000.00 8,000.00 $8,000.00 15,000.00 $15,000.00
1265 Remove Chain Link Fence 50 LF 4.00 $200.00 10.00 $500.00 7.00 $350.00 20.00 $1,000.00
1270 Install New Chain Link Fence 350 LF 26.00 $9,100.00 59.00 $20,650.00 27.00 $9,450.00 30.00 $10,500.00
1271 Double 20 Ft. Chain Link Gate 1 EA 1,100.00 $1,100.00 1,000.00 $1,000.00 1,200.00 $1,200.00 1,200.00 $1,200.00
1340 Erosion/Water Pollution Control 1 FA 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00
1341 Stabilized Construction Entrance 400 SY 5.00 $2,000.00 38.00 $15,200.00 45.00 $18,000.00 30.00 $12,000.00
1345 Seeding, Fertilizing, and Mulching 1 AC 350.00 $350.00 6,000.00 $6,000.00 2,000.00 $2,000.00 5,000.00 $5,000.00
1350 Topsoil, Type A 280 CY 29.00 $8,120.00 50.00 $14,000.00 30.00 $8,400.00 75.00 $21,000.00
1351 Traffic Control Labor 40 HR 85.00 $3,400.00 60.00 $2,400.00 55.84 $2,233.60 70.00 $2,800.00
1352 Construction Signs Class A 32 SF 10.00 $320.00 20.00 $640.00 18.00 $576.00 35.00 $1,120.00
1353 Traffic Control Supervisor 10 HR 88.00 $880.00 90.00 $900.00 61.00 $610.00 80.00 $800.00
1354 Temporary Traffic Control Devices 1 LS 2,500.00 $2,500.00 100.00 $100.00 5,000.00 $5,000.00 1,000.00 $1,000.00
1355 Minor Changes 1 CALC 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00
SUB TOTAL $323,270.00 $344,482.00 $384,424.60 $589,620.00
10% SALES TAX $32,327.00 $34,448.20 $38,442.46 $58,962.00
CONSTRUCTION CONTRACT TOTAL $355,597.00 $378,930.20 $422,867.06 $648,582.00
1 32
Interior Framing
4
8.M.a
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Dvorak Barn - Concrete Foundation and
Bid Opening: July 30, 2019, 11:00 AM
TOTAL
ITEM DESCRIPTION QTY UNIT
NO.
SCHEDULE I: CONCRETE FOUNDATION & INTERIOR FRAMING
1000 Mobilization 1 LS
1005 Clearing and Grubbing 1 LS
1065 Unsuitable Foundation Excavation Incl. Haul 40 CY
1075 Gravel Borrow, Including Haul and Compaction 1,000 TON
1080 Crushed Surfacing Top Course, 5/8 Inch Minus 40 TON
1085 Crushed Surfacing Base Course, 1-1/4 Inch Minus 120 TON
1086 Construction Geotextile for Soil Stabilization 800 SY
1090 Cement Concrete Class 4000 180 CY
1091 St. Reinf. Bar for Footings and Floor Slab 10,000 LB
1092 1 In. Diam. PVC Coated Rigid Metal Conduit 580 LF
1093 2 In. Diam. PVC Coated Rigid Metal Conduit 20 LF
1095 Interior Wood Framing 1 LS
1096 Foundation Drain 200 LF
1097 Excavation for Drainage Gallery 35 CY
1098 Drain Rock for Drainage Gallery 35 CY
1099 Perforated Pipe for Drainage Gallery 20 LF
1100 Filter Fabric for Drainage Gallery 230 SY
1101 Removal of Underground Storage Tank 1 LS
1265 Remove Chain Link Fence 50 LF
1270 Install New Chain Link Fence 350 LF
1271 Double 20 Ft. Chain Link Gate 1 EA
1340 Erosion/Water Pollution Control 1 FA
1341 Stabilized Construction Entrance 400 SY
1345 Seeding, Fertilizing, and Mulching 1 AC
1350 Topsoil, Type A 280 CY
1351 Traffic Control Labor 40 HR
1352 Construction Signs Class A 32 SF
1353 Traffic Control Supervisor 10 HR
1354 Temporary Traffic Control Devices 1 LS
1355 Minor Changes 1 CALC
SUB TOTAL
10% SALES TAX
CONSTRUCTION CONTRACT TOTAL
Interior Framing
Engineer's Estimate
Steve Lincoln
$368,137.00
UNIT TOTAL
PRICE AMOUNT
24,500.00 $24,500.00
5,000.00 $5,000.00
30.00 $1,200.00
30.00 $30,000.00
40.00 $1,600.00
40.00 $4,800.00
2.00 $1,600.00
600.00 $108,000.00
1.75 $17,500.00
4.00 $2,320.00
5.00 $100.00
17,000.00 $17,000.00
30.00 $6,000.00
30.00 $1,050.00
60.00 $2,100.00
30.00 $600.00
2.00 $460.00
10,000.00 $10,000.00
20.00 $1,000.00
50.00 $17,500.00
2,000.00 $2,000.00
10,000.00 $10,000.00
100.00 $40,000.00
5,000.00 $5,000.00
30.00 $8,400.00
65.00 $2,600.00
20.00 $640.00
70.00 $700.00
3,000.00 $3,000.00
10,000.00 $10,000.00
$334,670.00
$33,467.00
$368,137.00
8.M.a
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