HomeMy WebLinkAboutR-2025-055 Resolution accepting the Yakima County Supporting Investments in Economic Development (SIED) funding for Capital Improvement projects at the Yakima Air Terminal-McAllister Field RESOLUTION NO. R-2025-055
A RESOLUTION authorizing the acceptance and spending of the Yakima County
Supporting Investments in Economic Development (SIED) grant for
Capital Improvement Projects at the Yakima Air Terminal-McAllister Field.
WHEREAS, the City owns and operates the Yakima Air Terminal-McAllister Field in
accordance with applicable Federal, State, and Local regulations; and
WHEREAS, the Yakima Air Terminal-McAllister Field has recently completed an Airport
Master Plan Update, which details a variety of required capital improvement projects, including
construction and modernization of the airport's Terminal Facility's infrastructure. Terminal Building
Modernization Project Phases will include bidding services, design and construction; and
WHEREAS, the Yakima Air Terminal-McAllister Field has been notified that grant funds
of Two Million Dollars ($2,000,000) in SIED funding has been awarded to the Yakima Air Terminal-
McAllister Field
WHEREAS, the City Council deems it to be in the best interest of the City and its residents
to authorize acceptance and spending of the grant funds for a variety of required capital
improvement projects, including construction and modernization of the airports Terminals
Facility's Infrastructure, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to accept and spend the SIED grant
funding from the Yakima County for the Yakima Air Terminal Building Modernization project for
the Yakima Air Terminal-McAllister Field.
ADOPTED BY THE CITY COUNCIL this 18th day of March, 2025.
C 4,efr( e f
Patricia Bye , Mayor
ATTEST: =yc1MA
r�P.
4(0/
► .S�p'L : � :
ADAVA
•
Brandy Bra ord, Deputy City Clerk ,''hy�4s. iNc?
1
Docusign Envelope ID: CE630BBF-8891-4868-BA95-2724C7DA1629
BOARD OF YAKIMA COUNTY COMMISSIONERS
Agenda, Request Form (ARF)
Deliver completed ARF and finalized agenda item to the Clerk or Deputy Clerk
of the Board at the Yakima County Commissioners' Office, Room 232.
Stefanie Truex
Prepared by:
Financial Services
Department:
Requested Agenda Date: 03/25/2025
Stefanie Truex
Presenting:
Board of County Commissioners Record Assigned
BOCC Agreement
098-2025
Yakima County 1, A
Action Requested — Check Applicable Box:
❑PASS RESOLUTION
❑PASS ORDINANCE
ISSUE PROCLAMATION
El EXECUTE or AMEND
AGREEMENT, CONTRACT, or GRANT
EITHER
Document Title:
SIED Contract No. YC-YAT2-25 — Yakima Airport Terminal Phase I
Background Information:
This contract involves an agreement between Yakima County and the City of Yakima for the modernization
and expansion of the Yakima Airport Terminal, which includes both passenger and air cargo services. The
estimated total cost of the project is $70M, and it will aim to extend the useful life of the existing terminal while
integrating sustainable technologies. This contract is part of the County's continued effort to support
infrastructure projects that promote local economic growth.
Describe Fiscal Impact:
The County will allocate $2,000,000 from the SIED Fund to the City of Yakima as a grant to support the
Yakima Airport Terminal modernization project.
Summary & Recommendation:
The Yakima County Board of Commissioners is being asked to approve the contract between Yakima County
and the City of Yakima for the funding of the Yakima Airport Terminal Phase I project.
Department Head/Elected
I Signature Corporate Counsel Initial (for Agreements Only)
Docusign Envelope ID: CE630BBF-8891-4868-BA95-2724C7DA1629
SIED CONT
YAKIMA COUNTY
And the
City of Yakima
(Yakima Airport Terminal Phase I)
PARTIES
CT NO. YC-YAT2-25
This Supporting Investments in Economic Development (hereinafter referred to as SIED)
Contract is made by and between Yakima County (hereinafter referred to as the County)
whose address is 128 North Second Street, County Courthouse, Room 231, Yakima,
Washington 98901, and the City of Yakima (hereinafter referred to as the City) whose
address is 129 N. rd St, Yakima, Washington 98901. Notices between the parties shall be
made where and as provided for on Page 6, Section XXII, NOTICES.
II. TERM
This agreement takes effect upon execution hereof by the authorized representatives of both
parties and continues in effect until terminated according to Section VIII below.
III. PURPOSE
The purpose of this Contract is to support the phased construction of the modcmization and
expansion of the Yakima passenger and air cargo terminal, as well as the associated
supporting areas. The project, with an estimated total cost of $70M, aims to extend the useful
life of the existing terminal while integrating modern, sustainable technologies. This
modernization will accommodate the growing demand for both passenger and air cargo
services, including the ability to support future electric and hybrid -electric air taxi aircraft.
The project will enhance the region's economic development by facilitating increased air
cargo capacity, promoting local product shipments, and providing relief to the SeaTac air
cargo capacity constraints. Additionally, the project will enable the return of passenger
volumes to pre -pandemic levels, attract more destinations and air carriers, update terminal
amenities with shops and food vendors, restore the airport restaurant, and create new jobs
both during construction and in ongoing operations. The project represents a cost-effective
investment in infrastructure that will benefit the local economy and provide long-term growth
opportunities for the airport and surrounding region.
IV. RECITALS
The Parties make this Contract based on and in recognition of certain relevant facts and
circumstances including:
A, Sales and use taxes are collected in and for the County under authority of RCW
82.14.370 and Yakima County Code 3.10.010 for the purpose of financing public
facilities in the County, and the proceeds are deposited in the Yakima County
Infrastructure Fund (also referred to as SIED Fund), according to YCC 3.10.040.
Filed Page I of 9 Contract No. YC-TAT2-25
Docusign Envelope ID: CE630BBF-8891-4868-BA95-2724C7DA1629
B. The City proposes to fund the project with $2,000,000.00 from the SIED Fund to be in
the form of a grant, and thereafter to share the results of the design for the parties'
mutual benefit.
C. RCW 82.14.370 was adopted to serve the goals of promoting business in rural distressed
areas, providing family wage jobs and the development of communities of excellence in
such areas, and the parties expect the Study to further these goals.
D. RCW 43.160 and 43.160.020 adopted and amended for related purposes with those of
RCW 82.14.370, define public facilities to include planning and acquisition of various
buildings, structures and works, therefore the implementation of the Study would be
permissible under public facilities definition of RCW 43.160.020.
E. The County, under authority of RCW 36.01.085, and by agreement, has engaged the
Yakima County Development Association, also known as New Vision, to provide
administrative and technical assistance in furtherance of the County's economic
development.
F. The County has also created the SIED Board to review applications for grants from the
SIED Fund and make recommendations for SIED Fund investments based on
commitment of other funds, potential for resulting job creation, and other factors.
G. Yakima County Development Association has investigated the Project and assisted in
preparing the pending application for SIED funds, and the SEED Board has reviewed the
application for SIED funds and has recommended approval.
H. The SIED Fund balance is sufficient to make the requested contribution to the Study.
1 RCW 39.34 authorizes interlocal agreements whereby municipal governments may
jointly exercise the powers granted to each.
V. MUTUAL CONSIDERATION
A. COUNTY G ' NT—The County shall grant Two Million Dollars and Zero Cents
($2,000,000.00) to the City of Yakima for the project described herein. This grant will
be on a reimbursement basis for costs incurred for this project. In order to be
eligible for reimbursement, all expenses must be submitted with supporting
documentation that is approved by the County. Requests for reimbursement by the
City shall be submitted no more than once per month.
The Project must be completed three years from the date this contract is approved
by the County. If the project is not complete by this date, the grant will be
terminated and the City will not receive any remaining grant funds not already
requested for reimbursement.
The above contract provision is specifically bargained for by the County and the
City agrees to it. The parties agree that in the event that this contract term is
Filed Page 2 of 9 Contract No. YC-TAT2-25
Docusign Envelope ID: CE630BBF-8891-4868-BA95-2724C7DA1629
invoked by the County that it will hold the County harmless and release the County
from any and all claimed actual and/or consequential damages that may result from
the County's decision to withhold the Grant funds.
B. OWNERSHIP AND USE - The City shall construct, own, maintain, and operate the
Project as a part of its public infrastructure for economic development, available for use
by manufacturing and industrial concerns proximate to the Project. The City shall also
permit the use of the Project by the County and its departments on like terms with other
users, at such time as the Board of Yakima County Commissioners may deem expedient.
For purposes of this paragraph, ownership, maintenance, and operation of the Project or
any portion thereof by another municipality, under any conveyance or dedication, which
is subject to and preserves the County's right of use, shall be deemed ownership,
maintenance, and operation by the City.
VI. RECORDS, REPORTS AND AUDITS
The City agrees to maintain such records, make such reports, and follow such procedures as
may be required by the County, pertaining to this Contract. All records pertaining to this
Study and work undertaken hereunder shall be retained by the City for a period of seven years
after final audit unless a longer period is required to resolve audit findings or litigation. The
County and other authorized representatives of the State and Federal government shall have
access to any books, documents, papers, and records of the City, which pertain to this
Contract or work undertaken hereunder for the purpose of making audit, examination,
excerpts, and transcriptions.
VII. RELATIONSHIP OF PARTIES AND AGENTS
A. The relationship of the City to the County, with regard to commissioning of the Study,
shall be that of an independent contractor rendering professional services. The City shall
have no authority to execute contracts or to make commitments on behalf of the County
and nothing contained herein shall be deemed to create the relationship of employer and
employee or principal and agent between the County and the City.
B. The City represents that it has or will secure at its own expense all personnel,
contractors, and/or subcontractors required in order to perform work under this Contract.
Such personnel shall not be employees of the County. All such personnel, contractors,
and/or subcontractors shall be fully qualified and authorized/permitted under State
and/or local law to perform such services.
C. All services required hereunder will be performed by the City or under its supervision
and all personnel engaged in the work shall be fully qualified and shall be authorized or
permitted under State or local law to perform such services.
VIII. SUSPENSION, TERMINATION, AND CLOSEOUT
Filed Page 3 of 9 Contract No. YC-TAT2-25
Docusign Envelope ID: CE630BBF-8891-4868-BA95-2724C7DA1629
If the City fails to comply with the terms and conditions of this Contract, the County may
pursue such remedies as are legally available, including, but not limited to, the suspension or
termination of this Contract in the manner specified herein:
A. SUSPENSION —If the City fails to comply with terms and conditions of this Contract,
or whenever the City is unable to substantiate full compliance with provisions of this
Contract, thc County may suspend this Contract pending corrective action or
investigation, effective not less than seven days following written notification to the City
or its authorized representative. The suspension will remain in full force and effect until
the City has taken corrective action to the satisfaction of the County and is able to
substantiate its full compliance with the terms and conditions of this Contract. No
obligations incurred by the City or its authorized representative during the period of
suspension will be allowable under this Contract, except:
1. Reasonable, proper, and otherwise allowable costs which the City could not
avoid during the period of suspension.
2. Otherwise, allowable costs incurred during the period of suspension, if upon
investigation, the County is satisfied of the City's compliance with the terms
and conditions of this Contract to the extent of the compensation claimed by
the City.
B. TERMINATION FOR CAUSE —If the City fails to comply with the terms and
conditions of this Contract and any of the following conditions exist:
I . The lack of compliance with the provisions of this Contract were of such scope
and nature that the County deems continuation of this Contract to be
substantially detrimental to the interests of the County;
2. The City has failed to take satisfactory action as directed by the County or its
authorized representative within the time period specified by same;
3. The City has failed within the time specified by the County or its authorized
representative to satisfactorily substantiate its compliance with the terms and
conditions of this Contract; then,
4. The County may terminate this Contract in whole or in part, and thereupon shall
notify the City of termination, the reasons therefore, and the effective date, provided
such effective date shall not be prior to notification of the City. After this effective
date, no charges incurred under any terminated portions outlined in the application
for funding are allowable.
C. TERMINATION FOR OTHER GROUNDS —This Contract may also be terminated
in whole or in part by mutual consent and written agreement setting forth the conditions
of termination, including effective date and, in case of termination in part, that portion to
be terminated.
IX. COPYRIGHT RESTRICTION
Filed Page 4 of 9 Contract No. YC-TAT2-25
Docusign Envelope ID: CE630BBF-8891-4868-BA95-2724C7DA1629
No report, maps, or other documents produced in whole or in part under this Contract shall be
the subject of an application for copyright by or on behalf of the City.
X. COMPLIANCE WITH LAWS
The County and the City shall comply with all applicable laws, ordinances, and codes of the
Federal, State, and local governments with regard to the performance of this Contract.
XI. NONDISCRIMINATION & TITLE VI OF THE CIVIL RIGHT ACT OF 1964
The City agrees that it shall not discriminate against any person on the grounds of race, creed,
color, religion, national origin, sex, sexual orientation, veteran status, pregnancy, age, marital
status, political affiliation or belief, or the presence of any sensory, mental or physical handicap
in violation of' the Washington State Law Against Discrimination (RCW chapter 49.60) or the
Americans with Disabilities Act (42 U.S.C. 12101 et seq.) or any other applicable state, federal
or local law, rule or regulation.
The City shall abide by the requirements of 41 CFR §§ 60-300.5(a) and 60-741.5(a). These
regulations prohibit discrimination against qualified individuals on the basis of protected
veteran status or disability and require affirmative action by covered prime contractors and
subcontractors to employ and advance in employment qualified protected veterans and
individuals with disabilities.
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color,
creed, religion, sex, or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving Federal
financial assistance.
XII. SECTION 109—HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
No person in the United States shall on the grounds of race, color, creed, religion, sex, or
national origin be excluded from participation in, be denied benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with funds made
available under this title.
XIII. AGE DISCRIMINATION ACT OF 1975 (As Amended)
No person shall be excluded from participation, denied program benefits, or subjected to
discrimination on the basis of age under any program or activity receiving Federal funding
assistance. (42 U.S.C. 610 et seq.)
XIV., SECTION 504 OF THE REHABILITATION ACT OF 1973 (As Amended)
No othcrwise qualified individual shall, solely by reason of his or her handicap, be excluded
from participation (including employment), denied program benefits, or subjected to
discrimination under any program or activity receiving Federal funds (29 U.S.C. 794).
XV, INTEREST OF AGENTS AND OFFICERS OF THE COUNTY AND THE CITY
Filed Page 5 of 9 Contract No. YC-TAT2-25
Docusign Envelope ID: CE630BBF-8891-4868-BA95-2724C7DA1629
No member of the governing body of either party and no other officer, employee, or agent of
either party who exercises any functions or responsibilities in connection with the planning or
carrying out of the Study shall have any personal financial interest, direct or indirect, in this
Contract.
XVI. HOLD HARMLESS AND INDEMNITY
The City shall protect, defend, indemnify, and save harmless the County, their officers,
employees, and agents from any and all third -party costs, claims and resultant costs
(judgments and/or awards of damages) which result from the activities to be performed by the
City, its agents, employees, or subcontractors pursuant to this Contract. Additionally, the City
shall indemnify Yakima County for bodily injury to person and damage to physical property
to the extent resulting directly and proximately from the negligent acts of the City, its officers,
employees, and/or agent in performance of this Agreement.
XVII. PUBLIC LIABILITY
The City or its contractor(s) shall maintain for the duration of work under this Contract,
issued on an occurrence basis, comprehensive liability insurance with a combined single limit
of not less than one million dollars ($5,000,000.00) from a company authorized to provide
insurance in the State of Washington. Said policies shall provide that the policy shall not be
canceled or altered by any party without written notice to Yakima County, delivered not less
than 30 days prior to such cancellation or alteration. Applicant certifies that comprehensive
liability insurance with a combined single limit of not less than 55,000,000.00 is in effect.
XVIII. ASSIGNABILITY
The City shall not assign any interest in this Contract and shall not transfer any interest in this
Contract (whether by assignment or novation) without prior written consent of the County
thereto, provided, however, that claims for money by the City from the County under this
Contract may be assigned to a bank, trust company, or other financial institution without such
approval. Written notice of any such assignment or transfer shall be furnished promptly to the
County by the City.
XIX. NON -WAIVER
The failure of either party to insist upon strict performance of any provision of this Contract
or to exercise any right based upon a breach thereof or the acceptance of any performance
during such breach shall not constitute a waiver of any right under this Contract.
XX. CONT
CT MODIFICATIONS
It is mutually agreed and understood that no modification or waiver of any clause or condition
of this Contract is binding upon either party unless such modification or waiver is in writing
and executed by the County and the City.
XXI. SEVERABILITY
Filed Page 6 of 9 Contract No. YC-TAT2-25
Docusign Envelope ID: CE630BBF-8891-4868-BA95-2724C7DA1629
If any portion of this Contract is changed per mutual contract or any portion is held invalid,
the remainder of this Contract shall remain in full force and effect.
XXII. NOTICES
Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -
delivered to the parties to their addresses as follows:
TO CITY:
Victoria Baker
City Manager
129 North 2"d Street
Yakima, WA 98901
TO COUNTY: Stefanie Truex, Interim Financial Services Director
128 North Second Street, Room 231
Yakima, WA 98901
or to such other addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such
notices shall be deemed effective when mailed or hand -delivered at the addresses specified
above.
XXIII. INTEGRATION
This Contract contains all terms and conditions agreed to by the County and the City. There
are no other oral or written agreements between the City and County as to the subjects
contained herein. No changes or additions to this Contract shall be valid or binding upon
either party unless such change or addition be in writing and executed by both parties.
XXIV. GOVERNING LAW AND VENUE
All questions of the validity, construction, and application of this Contract shall be governed
by the laws of the State of Washington. Venue for any suit between the parties arising out of
this Contract shall be the Superior Court of Yakima County, Washington.
XXV. FILING
Upon execution by the authorized representatives of the parties, a copy of this Contract shall
be promptly filed with the Yakima County Auditor pursuant to RCW 39.34.040.
XXVL AC OWLEDGMENT OF SIED FUNDING
Filed
If this Agreement is funded in whole or in part by Yakima County SIED, the City agrees that
any website, announcement, press release, and/or publication (written, visual, or sound) used
for media -related activities, publicity, and public outreach issued by or on behalf of the City
which reference programs or projects funded in whole or in part with SEED funds under this
Grant, shall contain the following statement:
Page 7 of 9 Contract No. YC-TAT2-25
Docusign Envelope ID: CE630BBF-8891-4868-BA95-2724C7DA1629
*The [PROJECT NAME / ETC.] is supported with funding from Yakima County Support
Investments in Economic Development (SIED) Funding. SIED was established to assist local
government infrastructure development to promote ongoing operation and expansion of
businesses, to attract new business to rural communities, and promote the development of
communities of excellence in rural distressed areas in Washington.
The City agrees to ensure coordinated Yakima County branding on work completed by or on
behalf of the City. The Yakima County logo must be used in the following circumstances:
A. Any project related website or webpage that includes logos from other funding
partners.
B. Any publication materials that include logos from other funding partners.
C. Any on -site signage including pre -during Construction signage and permanent
signage at completed project sites; and
D. Any equipment purchased with SIED funding through a generally visible decal.
* * * * * * * * * * * * *
*
Filed Page 8 of 9 Contract No. YC-TAT2-25
Docusign Envelope ID: CE630BBF-8891-4868-BA95-2724C7DA1629
IN WITNESS WHEREOF, the County and the City have executed this Contract as of the date and year
last written below.
CITY OF KIMA
letoria Baker, imager
Approved as to Form:
Sara Watkins, City Attorney
Attest:
1
BOCC Agreement
0 2 5
Yakima County
CITY CONTRACT NO
RESOLUTION NO:
BOA
I
OF COUNTY COMMISSIONERS
Kyle Curtis, Chair
LaDon Linde, Commissioner
EXCUSED
Amanda McKinney, Commissioner
Approved as to Form:
Deputy Prosecuting Attorney
CONTRACT AUTHORIZATION
Attest:
Julie Lawrence, Clerk of the Board
MAR 2 5 2025
Date
40',41,01,44
Filed Page 9 of 9 Contract No. YC-TAT2-25
i4
e+
/A L4141110 !1— i,i
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.J.
For Meeting of: March 18, 2025
ITEM TITLE: Resolution accepting the Yakima County Supporting Investments in
Economic Development (SIED)funding for Capital Improvement
projects at the Yakima Air Terminal-McAllister Field
SUBMITTED BY: Robert Hodgman, Airport Director
SUMMARY EXPLANATION:
The Yakima Air Terminal-McAllister Field has been notified that grant funds of Two Million Dollars
($2,000,000) in SIED funding have been awarded to the Yakima Air Terminal-McAllister Field for a
variety of required capital improvement projects, including construction and modernization of the airports
Terminals Facility's Infrastructure.
ITEM BUDGETED: N/A
STRATEGIC PRIORITY 24-25: A Thriving Yakima
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
Resolution_SIED funds_ykm improvements
YC-YAT2-25 Yakima Airport Terminal Phase I.pdf
122