HomeMy WebLinkAboutCAG2024-191 - Original - Kent School District - MOU Re: To Seek Federal Funding for Mill Creek Middle School - 04/19/2024 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
• For Approvals,Signatures and Records Management Dir/Dep:
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional)
WASHINGTON Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Cassi Fowler for Pat Fitzpatrick Administration
Date Sent: Date Required:
> 04/17/2024 ASAP
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Q Mayor or Designee to Sign. Date of Council Approval:
Q Interlocal Agreement Uploaded to Website N/A
Budget Account Number: Grant? Yes No�✓
N/A
Budget? Yes Type: N/A
e:Vendor Nam Category:
Kent School District Contract
Vendor Number: Sub-Category:
Original
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Project Name: Mill Creek School
cProject Details: Memorandum of Understanding to Seek Federal Funding for Mill
c Creek Middle School
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c
(11.111 Basis for Selection of Contractor:
Agreement Amount: N/A Other
E *Memo to Mayor must be attached
Start Date: Upon Execution Termination Date: Notice
a Local Business? Yes F—]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace.
Business License Verification: ❑Yes In-Process F1 Exempt(KCC 5.01.045) FlAuthorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes ✓❑No CAG2024-191
Comments:
4/19/24 - return a copy of the fully executed agreement to the Clerk's
Office. - M.M.
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IM
a
Date Received:City Attorney: 4/18/24 Date Routed:Mayor's Office 4/18/24 City Clerk's Office 4/19/24
adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is between the City of Kent, Washington,
a municipal corporation, (City) and the Kent School District (District).
RECITALS
A. Mill Creek Middle School, located at 620 Central Avenue North, Kent, WA 98032
(Property), is owned, operated, and governed by the District.
B. The Property is located at the north end of a larger city block (Block) the
boundaries of which are East James Street to the north, Central Avenue North
to the west, East Smith Street to the south, and Mill Creek to the east.
C. The Property and other portions of the Block are partially located within a
floodplain as designated by the Federal Emergency Management Agency
(FEMA). The City is required by law to administer FEMA floodplain management
regulations.
D. The Property and other parcels within the Block are also constrained by federal
and state stormwater regulations. The City is required to administer these
regulations as well.
E. Because Middle Creek Middle School is located within a floodplain, it routinely
experiences flooding near Mill Creek. During high rain events, the athletic field
and some School parking areas are inundated by water and become unusable.
F. FEMA floodplain management regulations, along with federal and state
stormwater regulations, have made redevelopment of the Property and
portions of the Block challenging due to the cost of managing and storing
floodwater and stormwater. Specifically, under these regulations, certain
redevelopment activities trigger the obligation to construct facilities to store
water to offset any loss of flood storage capacity in the area and account for
stormwater storage.
G. The City and District have agreed to work collaboratively to seek federal
funding to support the District's (Project). The Project includes the construction
of a new athletic field and facilities, as well as roadways, parking lots, walking
paths and other amenities that will meet floodplain management and
stormwater regulations and address the current flooding issues so that the
facilities can be used and enjoyed by the District and its students.
H. This collaboration provides benefits to both the City and the District. The
District will benefit from its ability to utilize the City's access to federal funding
assistance through the efforts of its federal lobbyist to help construct the field
MOU - CITY AND KENT SCHOOL DISTRICT
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and facilities. Additionally, through this partnership, the District's Project will
be vetted early by the City—the permitting agency. The City will benefit from
the Project through its eventual use of the field for Kent Parks programming
during times when the District is not using the field.
I. The parties also collectively intend for the Project to provide enough floodplain
and stormwater storage so that the parcels within the southwest side of the
Block will have access to and use of this storage in the event of redevelopment.
The access and use of this storage will be under separate agreements between
the District and nearby property owners. Possible redevelopment of the
southwest side of the Block may include housing, walking pathways for access
to the Property, services complimentary to the Property or housing, and retail
and other services.
Therefore, the parties agree as follows:
UNDERSTANDING
1. Purpose.
1.1 The purpose of this MOU is to memorialize a joint effort to seek funding for
the Project and establish responsibilities and benefits of the parties as they
work collaboratively towards that effort. This MOU clarifies expectations of
the parties and provides a framework for seeking federal funding assistance
through the City's federal lobbyist and moving forward on the District's
Project, which will mutually benefit the District, its students and families,
and the City.
1.2 The Project includes the construction of a new athletic field and facilities that
will meet floodplain management and stormwater regulations and address
the current flooding issues so that the Property can be used and enjoyed
by the District and its students. The parties also collectively intend for the
Project to provide enough floodplain and stormwater storage so that the
parcels within the southwest side of the Block will have access to and use,
per separate agreement with the District, of this storage in the event of
redevelopment. The access to and use of this storage will be under separate
agreements between the District and nearby property owners.
1.3 It is also the intent of this MOU to divide responsibility for payment of a
consultant to assist the parties in efforts to seek grant funding or other
federal or state funding.
2. Effective Date and Term of the MOU. The effective date of the MOU is the
date the last party signs the MOU. The term of the MOU is 12 months from the
effective date. The MOU shall be automatically extended for additional terms of
MOU - CITY AND KENT SCHOOL DISTRICT
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one month until such time as a party notifies the other party of termination;
provided, the parties shall be bound to provide payment, consistent with Section
6 of this MOU, that is due and owing for consultant services notwithstanding
termination of this MOU.
3. Engineering and Project Design.
3.1 The District has retained, at its cost, an engineer to design the Project
(District Engineer).
3.2 The City will work cooperatively with the District in navigating the
regulatory environment applicable to the design and construction of the
Project, and designated City staff will be available to the District Engineer
designing the Project.
4. Project Funding.
4.1 The City has retained, at its cost, a federal lobbyist to assist in accessing
federal funding to pay for the construction of the Project. The District will
assist the City and its lobbyist as they request federal funding for the
Project.
4.2 The District will be the recipient of any federal funding received for the
Project and will be responsible for spending the funds to construct the
Project in accordance with the terms and limitations established as a
condition of receiving federal funding.
4.3 The parties agree that any federal funds obtained through this process will
be expended for the following objective:
• Except as dictated otherwise by conditions of receipt of federal
funding, (either through direct federal funding or grant funding), funds
will first be expended to provide floodplain compensatory storage and
stormwater storage that will serve the entire Block.
• If funds remain after the above objective is met, these remaining
funds will be used to construct the athletic field and other Property
amenities.
S. Additional Floodplain and Stormwater Storage Use. If facilities for floodplain
compensatory storage or stormwater storage are constructed that can serve other
parcels within the Block, the District will enter into the necessary agreements to
convey property rights to these parcels for access and use of those facilities. The
District agrees to convey these property rights under reasonable terms and
without seeking recovery for Project costs obtained through the efforts to obtain
federal or state funding which are the subject of this MOU. Specifically, if the
District charges any fee for access and use of these facilities, the fee will only be
charged for the recovery of the District's portion of flood water compensatory
MOU - CITY AND KENT SCHOOL DISTRICT
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storage and stormwater storage costs not covered by the funding obtained
through this MOU. Similarly, if the City and District work collaboratively to obtain
other federal or state funding for the Project, the District will not seek to recover
costs obtained from those efforts.
6. Consultant to Assist with Grant Funding Request. In recognition that the City
is funding a federal lobbyist to assist with federal appropriations requests, the
District and the City agree that the District will cover 75% of the cost of a
consultant retained for development and preparation of grant proposals. The other
25% of the cost of the consultant retained for development and preparation of
grant proposals shall be covered by the City.
7. Access to Athletic Field. If the District constructs the Project, the new athletic
field shall be equipped with sufficient lighting to allow for use of the field by the
City after school hours, and the District shall provide access to the City for use of
the field for City Parks programming during non-school hours. The District and
City may enter a separate agreement to address the provision of lighting and field
use.
S. Additional Terms.
8.1 This MOU is subject to the approval of the Mayor of the City of Kent and is
not valid or enforceable until signed by the Mayor.
8.2 The City will not make any contributions to, nor incur any liabilities
associated with the development of the Project other than as outlined in
this MOU.
8.3 This MOU may be amended only by mutual written agreement of the
parties. Amendments may be agreed to by City and District staff. No
waiver, alteration, or modification of any of the provisions of this MOU will
be binding unless in writing and signed by a duly authorized representative
of each party.
8.4 The written provisions and terms of this MOU shall supersede all prior oral
statements of any officer or other representative of the parties, and such
statements shall not be effective or be construed as entering into or forming
a part of or altering in any manner this MOU.
MOU - CITY AND KENT SCHOOL DISTRICT
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8.5 This MOU may be signed in any number of counterparts and electronically,
and be valid as if each authorized representative had signed the original
document.
AGREED AND ACCEPTED this 19 day of APT
1 1, 2024.
CITY OF KENT: KENT SCHOOL DISTRICT:
I
By:
-— By: CC ----
(signature) signatur
Print Name: Dana Ralph Print Name: �tcp� Pez r✓, er
Its_ Mayor
Its e��1"f+r Se �2r, , ipe- oPe�
(title) )
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DATE: 04/18/2024 (title)
DATE: f
APPROVED AS TO FORM:
ONaw Department
MOU - CITY AND KENT SCHOOL DISTRICT
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