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Home My WebLink AboutCAG2024-356 - Original - King County Drainage District #1 - ILA 2024 Mill Creek Reestablishment - 07/29/2024 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: Melissa Dahl Public Works Date Sent: Date Required: > 06/17/2024 6/28/2024 0 Q Mayor or Designee to Sign. Date of Council Approval: Q Interlocal Agreement Uploaded to Website 6/4/2024 Budclet Account Number: Grant? Yes NoF-1 D20086 Budget?❑✓ Yes Type: N/A Vendor Name: Category: King County Drainage District #1 11 Interlocal Vendor Number: Sub-Category: Original 0 Project Name: 2024 Mill Creek Reestablishment cProject Details: An ILA to provide monetary support the 2024 Mill Creek Reestablishment Project. 40 c (11.111 Agreement �500rQQQ Basis for Selection of Contractor: � E *Memo to Mayor must be attached i Start Date: 7/29/24 Termination Date: 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: CAG2024-356 F—]YesF—]No Comments: IM C C IM �+ a, a Date Received:City Attorney: 7/18/24 Date Routed:Mayor's Office City Clerk's Office adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 KENT WASH IN G T O N DATE: June 4, 2024 TO: Kent City Council SUBJECT: Inter-Governmental Agreement with Drainage District #1 for the Mill Creek Reestablishment Project - Authorize MOTION: I move to authorize the Mayor to sign an Agreement with King County Drainage District #1 for the 2024 Mill Creek Reestablishment project, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: Sediment and non-native invasive plants have built up over time in portions of Lower Mill Creek, contributing to localized urban flooding, and impacting aquatic and riparian habitat. The Mill Creek Reestablishment Project (Project) will reduce urban flooding by removing accumulated sediment and invasive vegetation. Work includes sediment removal, removal of invasive plants, road stabilization along the creek and planting of native plants. King County Drainage District #1 (District) was established around 1905 to ensure the drainage needs of the Springbrook/Lower Mill/Lower Garrison Creek watershed were met. Through this agreement, the District will provide $500,000 in support of the 2024 Project, between East Smith Street and Central Avenue South. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. MILL CREEK REESTABLISHMENT INTER-GOVERNMENTAL AGREEMENT (DOC) 05/21/24 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 6/4/2024 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner INTER-GOVERNMENTAL AGREEMENT BETWEEN THE CITY OF KENT AND DRAINAGE DISTRICT #1 OF THE COUNTY OF KING OF THE STATE OF WASHINGTON MILL CREEK REESTABLISHMENT PROJECT From East Smith Street to Central Avenue South Jul THIS AGREEMENT entered into this29th_ day of %ne, 2024, by and between the City of Kent, a municipal corporation, hereinafter referred to as "Kent", and Drainage District #1 of the County of King of the State of Washington, a special purpose district, hereinafter referred to as "District". Whereas, this agreement is entered into pursuant to Ch. 39.34 RCW - The Interlocal Cooperation Act which permits "local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on the basis of mutual advantage and hereby provide services and facilities in a manner and pursuant to forms of governmental organizations that will accord best with geographic, economic, populations and other factors influencing the needs and development of local communities," and Whereas, Kent is undertaking a project referred to as the Mill Creek Reestablishment from East Smith Street to Central Avenue South in the City of Kent to Kent/DD#1 Inter-Governmental Agreement (Mill Creek Reestablishment Project) DRAFT 1 1 P a g e improve creek and stormwater conveyance and flood storage capacity while also providing benefit to the local ecology, and Whereas, District has a responsibility of the conveyance of stormwater through the City of Kent, partially through the City of Renton to the Black River Pump Station in the City of Renton which pump station conveys the water to the Green and then the Duwamish River, and Whereas, as part of the responsibilities of District is to monitor the water quality and to make such improvements to facilitate fish habitat, and Whereas, Mill Creek is part of District's conveyance facility and the improvements of Mill Creek will help further the District's mission of conveyance to reduce flood damage and preserve and enhance fish habitat, and Whereas, Kent has the responsibility of being the lead agency for the Mill Creek Reestablishment Project, and Whereas, to establish a project on Mill Creek will be of benefit to the District in the furtherance of the District's mission, and Whereas, the Commissioners of the District by unanimous motion have agreed to contribute District funds to Kent for the District's contribution on the completion of the Mill Creek Reestablishment Project specifically for East Smith Street to Central Avenue South, Kent, and Whereas, the Mill Creek Reestablishment Project will enhance the health, safety and welfare of the citizens of Kent and the constituents of District. Now, therefore, based upon mutual covenants to be derived the parties agree as follows: Kent/DD#1 Inter-Governmental Agreement (Mill Creek Reestablishment Project) DRAFT 2 1 P a g e 1. District Contribution: District shall instruct King County Finance to transfer $500,000.00 from the District's cash balance account to a check payable to Kent; such transfer to occur within sixty (60) days from the execution of this agreement by the last signator. 2. Kent Responsibilities: Kent shall proceed with the project known as the Mill Creek Reestablishment Project from East Smith Street to Central Avenue South. Kent shall complete the project in accordance with the plans and specifications and all required permits and approvals from local, state and federal jurisdictions. 3. Reimbursement for Non Completion: In the event the Mill Creek Reestablishment Project fails to begin in 2024 or begins but is not completed by January 1, 2027 then, Kent shall return the funds specified in Paragraph 1 above, to District in full. Dana Ralph City of Kent, Mayor Dated: 07/29/2024 Kimberley A oto City of Kent, .y Clerk Dated: 7/26/24 Approved as to Form: pwk � Arthur Fitzpatrick� Christina Schuck City of Kent, City Attorney Deputy City Attorney Dated: 7/26/24 Kent/DD#1 Inter-Governmental Agreement (Mill Creek Reestablishment Project) DRAFT 2 3 1 rga le elE n, C r Drainage District#1 County of King, State of Washington Dated: G,/to/ Michael J. Reynolds, Attorney for Drainage District#1 County of King, qtate of Washington Dated: Kent/DD#1 Inter-Governmental Agreement (Mill Creek Reestablishment Project) DRAFT 4 1 P a g e DRAINAGE DISTRICT NUMBER ONE OF KING COUNTY OF THE STATE OF WASHINGTON RESOLUTION NO. 001 — 2024 A RESOLUTION OF THE COMMISSIONERS OF KING COUNTY DRAINAGE DISTRICT NUMBER ONE, A JUNIOR TAXING DISTRICT WITHIN KING COUNTY, STATE OF WASHINGTON AUTHORIZING THE CHAIRMAN TO EXECUTE A INTERGOVERNMENTAL AGREEMENT FOR THE FUNDING OF THE MILL CREEK REESTABLISHMENT PROJECT WITH THE CITY OF KENT. Whereas, the City of Kent, hereinafter referred to as "Kent" is undertaking the 2024 Mill Creek Reestablishment Project from East Smith Street to Central Avenue South in the City of Kent, and Whereas, Mill Creek is part of the conveyance system of the District, and Whereas, the project referred to above undertaken by Kent will enhance and improve the conveyance system of the District by reducing flood possibility and increasing fish habitat, and Whereas, the accomplishments of the above are part of the mission of the District, and Whereas, the parties desire to enter into an agreement under RCW 39.34 Intergovernmental Cooperation Act to allow the District to participate in the funding of the Mill Creek Reestablishment Project, and Whereas, the Commissioners find that the Mill Creek Reestablishment Project is in the furtherance of the District mission and will benefit public health, safety and welfare, and' Drainage District No. One Resolution No. 001-2023 Whereas, the project will specifically benefit the constituents of the District by the reduction of flood hazard, and Whereas, Commissioners of the District have previously had discussions with representatives of Kent on the benefits of the project and have determined that $500,000.00 is an appropriate amount for the District to contribute for the completion of the project. Now, therefore, Drainage District Number One, of the County of King of the State of Washington DO HEREBY RESOLVE AS FOLLOWS.- Section 1: That the Commissioners of the District hereby unanimously authorize the Chairman of the District to execute the Interlocal Cooperation Act Agreement with the City of Kent for the 2024 Mill Creek Reestablishment Project from East Smith Street to Central Avenue South, attached hereto and incorporated by reference as if set out in full. Section 2: If any provision of the attached Agreement and/or this Resolution is determined to be invalid or unenforceable for any reason, the remaining provisions of this Resolution and/or the attached Agreement shall remain in full force and effect. PASSED in Regular and Open Session by the Board Commissioners of Drainage District No. One of King County, Washington at a regular meeting held on this day of May, 2024. Mo4an,kfe ellyn--'. Commissioner/Chairm n Dated: rian Pounder Commissioner Dated: C-S' 2-1" Bruce Bobman Commissioner Dated: • 2''� Drainage District No. One Resolution No. 001-2023 2111Lig. Attested by: Erin Crook Secretary Approved as to Form: - L tt,� Michael J. Reynolds Attorney Drainage District No. One Resolution No. 001-2023 311' �a � e