HomeMy WebLinkAboutR-2025-056 Resolution accepting the Yakima County Supporting Investments in Economic Development (SIED) funding for the Wiley City Sewer Feasibility Study RESOLUTION NO. R-2025-056
A RESOLUTION authorizing the acceptance and spending of the Yakima County
Supporting Investments in Economic Development (SIED) grant for a
feasibility study to examine the wastewater infrastructure in the Wiley City
area.
WHEREAS, the Wiley City is a Limited Areas of More Intensive Rural Development
(LAMRID) within the City of Yakima's Urban Growth Area (UGA); and
WHEREAS, the City of Yakima has an existing Wiley City Capacity Analysis, and any
additional feasibility study would analyze costs and potential alternatives to addressing the
wastewater challenges around Wiley City; and
WHEREAS, the Community Development Division has been notified that grant funds of
One Hundred and Twenty Thousand Dollars ($120,000) in SIED funding has been awarded to
the City of Yakima; and
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 to create a feasibility study and plan for
the Wiley City/Ahtanum area regarding wastewater system options, 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 Yakima County to create a feasibility study and plan for the Wiley City/Ahtanum area
wastewater system.
ADOPTED BY THE CITY COUNCIL this 18th day of March, 2025.
keq
Patricia Byers, Mayor
ATTEST:
ryP�CIMq phi
Brandy Bra ord, Deputy y lerk ,
'`‘‘T4SHIN��
1
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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.
Prepared by:
Stefanie Truex
Financial Services
Department:
03/25/2025
Requested Agenda Date:
Stefanie Truex
Presenting:
Board of County Commissioners Record Assigned
BOCC Agreement
0 9 7 2 0 2 5
Yakima County. WA
Action Requested — Check Applicable Box:
EPASS RESOLUTION El EXECUTE or AMEND
AGREEMENT, CONTRACT, or GRANT
PASS ORDINANCE
E1SSUE PROCLAMATION
[DOPIER
Document Title:
SIED Contract No. YC-AWS-25 — Ahtanum Wiley City Sewer Study
Background Information:
This contract is between the County & the City of Yakima for the development of a comprehensive feasibility
plan for wastewater management in the Wiley City/Ahtanum area. The City of Yakima will carry out the
feasibility study, which will assess various wastewater management options, including connecting the area to
the City's Wastewater Treatment Plant or the construction of a local Wastewater Treatment Plant. The project
will also explore the potential for reuse water production to support irrigation and groundwater recharge
Describe Fiscal Impact:
The fiscal impact for the County is a grant of $120,000.00 from the SIED Fund, specifically funded by the
SIED interest, to the City of Yakima for the feasibility study.
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 Ahtanum Wiley City Sewer Study.
Department Head/Elected Official Signature Corporate Counsel Initial (for Agreements Only)
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1. PARTIES
8�D CONTRACT NO. YC-AWS-25
YAKIMA COUNTY
And the
City of Yakima
(AhkanuNm Wiley City Sewer Study)
This Supporting Investments in Economic Development (hereinafter referred to as SlGC)
Contract is made by and between Yakima County (hereinafter referred to as the County)
whose address is 120 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. 2"^ 8t, Yakima, Washington 90901. Notices between the parties shall be
made where and usprovided for onPage 0`Section }{X\[NOTICES.
a�n
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.
The purpose of this Contract is to develop u comprehensive feasibility plan for wastewater
management in the Wiley Cityf&htanunn area. The project aims to address public health,
environmental, and economic challenges by evaluating two primary wastewater management
options: connecting the area to the City ofYokimu`a VYautep/utcr Treatment Plant (WYYTP)
through either ugravity sewer system or pump station and force main system, and the
potential construction of local VVWTPutilizing conventional activated sludge ormembrane
biovcaotor(MQR) technology. The plan will uayeus wastewater treatment solutions to support
the area's gvovvioQ population, businesses, and essential public services, such as an
elementary sohoo|, while addressing wastewater infrastructure needs and potential
environmental impacts. Additionally, the plan will czp|nrc the feasibility of n:uoc water
production to support irrigation and groundwater recharge. The project will consider the
economic needs of local businesses, particularly Gilbert Orchards, by providing an
infrastructure solution that supports future growth. 8onvevcc the feasibility study and plan
an: solely intended for assessing wastewater management options and do not imply or vc|y on
the City ofYakima proceeding with any recommendations for connecting toCity facilities.
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 om|leo*d in and for the County under authority of RCVV
02'14.370 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
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Infrastructure Fund (also referred to as SIED Fund), according to YCC 3.10.040,
B. The City proposes to fund the study with S120,000.00 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 SEED 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 SEED funds, and the SIED 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.
RCW 39.34 authorizes interlocal agreements whereby municipal governments may
jointly exercise the powers granted to each.
V. MUTUAL CONSIDERATION
A. COUNTY GRANT —The County shall grant One Hundred Twenty Thousand
Dollars and Zero Cents (S120,000.00) to the City of Yakima for the study 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.
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^^ The above contract provision is specificallybmrgmAmed for by the County and the
City m0rmem to it. The parties agree that in the event thmt'this contract term is
invoked bvthe County that itwill hold the County harmless and release the County
from any and all claimed actual and/or consequential damages that may result from
the Cnmnty`mdecision to withhold the Grant funds.
B. OWNERSHIP AND USE--& copy ufthe report of the 8tudv, once cnnmp|cted, shall be
delivered to the office o/the Board o[Yakima County Commissioners ond shall be the
property o[the County.
VI. RECORDS, REPORTS AND AUDITS
The City agrees tomaintain 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 v/ndx undertaken hereunder shall be retained by the City fora period ofseven years
after final audit unless u longer period is required to resolve audit findings or litigation. The
County and other authorized representatives of the State and Fcdcnu| government shall have
ucueoo to any hooks, 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.
ViU. RELATIONSHIP OF PARTIES AND AGENTS
A. The relationship of the City to the County, with regard to commissioning of the Study,
shall bcthat o[unindependent uon�uctorrendoin8pro�moionu|services. The City shall
have no authority to execute contracts or to make commitments on behalf o[the County
and nothing contained herein ahuU be deemed to create the relationship ufemployer and
employee orprincipal and agent between the County and the City.
B. The City represents that it has or will yccunc at its own expense all personnd,
contractors, and/or subcontractors required in order to perform work under this Contract.
Such personnel shall not be employees nfthe County. All such personnel, contractors,
and/or subcontractors shall be fully qualified and authorized/permitted under 8tsuc
and/or local law toperform such services.
C. All services required hereunder will he 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.
VDII. SUSPENSION, TERMINATION,AND CLOSEOUT
If the City fails on comply with the 0cnns and conditions of this Contract, the County may
pursue such remedies uyare 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 ofthis Contract,
ocwhenever the City is unable to substantiate full compliance with provisions of this
Contract, the County may suspend this Contract pending corrective action or
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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. TE' INATION FOR CAUSE —If the City fails to comply with the terms and
conditions of this Contract and any of the following conditions exist:
1. 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. TE ' INATION 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
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
Filed
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.
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X1. NONDISCRIMINATION & TITLE VI OF THE CIVIL RIGHT ACT OF 1964
The City agrees that it yhu|/ not discriminate againstany person on the grounds ofrace, creed,
color, religion, national ohgin, sex, sexual orientation, veteran status, pregnancy, age, mubLu|
status, political affiliation or belief, or the presence of any sensory, mental or physical handicap
in violation of the VVuobinabzn State Law Against Discrimination (RCW chuptcr4P.6U) or the
Americanswith Disabilities Act (42 U.S.C. |I|O( ctyeq.) or any other applicable state, federal
or local law, rule orregulation.
The City shall abide by the requirements of4\ CFR §§ 60-300.5(a)und 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 vc1cruno and
individuals with disabilities.
Under Title Ylof the Civil Rig�A�o�|�������[on the grounds of race, color,
creed, ncUgion, sex, or national origin, be cso|udcd from participation in, be denied the
benefits of, or he subjected to discrimination under any pco�rum or activity receiving Federal
financial assistance.
XII. 8ECTIONU09—HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
No person in the United States ohd| on the grounds of race, color, orccd' religion, sex, or
national ori-in 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.
X8IK. AGE DISCRIMINATION ACT OF8975 (As Amended)
No person shall be cso|udcd from participation, denied program ' n�programbcn�Ota. or subieuteJ to
discrimination on the basis of age under any program or acdvity receiving Federalfbnding
uomiaiunxc. (42 0.8.[6\Oet. yeq.)
XIV, SECTION 504 OF THE REHABILITATION ACT OF8973(As Amended)
No otherwise qualified individual shall, yn!e|y by reason ofhis orher handicap, be excluded
from participation (including cmnp|oymcrk), denied program benefits, or subjected to
discrimination under any pro�ramnracbvityreceiving Federal funds (29O.8.C.79'.
XV. INTEREST OF AGENTS AND OFFICERS OF THE COUNTY AND THE CITY
No member of the governing body ofeither party and no other officer, cnnp|oycc or agent of
either party who exercises any functions or responsibilities in connection with the | i
peonngor
carrying out ofthe Study shall have any personal financial interest. direct orindirect, in this
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XVX HOLD HA' LESS AND INDEMNITY
The City shall protect, defend, indemnify, and nuvc bucnm|cso the County, their officers,
oop|oyery, and agents from any and all third -party costs, duirno and resultant costs
(judgments and/or awards ofdamages) p/bioh result from the activities to be performed by the
City, its agents, employees, mrsubcontractors pursuant to this Contract. AddidonuDy, 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 ofthe City, its officers,
employees, and/or agent inperformance ofthis Agreement.
XVDI. PUBLIC LIABILITY
The City or its contractor(s) shall maintain for the duration of work under this Contract,
issued on an occurrence basis, comprehensive |iuhUitv insurance with ucombined single limit
of not less than one million du|lum($5,UU8,O0O.U0) from ucompany authorized tm provide
insurance in the State of Washington. Said policies shall provide that the policy ohu|| not be
canceled or altered by any party without written um«iue to Yakima County, delivered not less
than 30 days prior to such uauucUu1ion or alteration. Applicant certifies that comprehensive
liability insurance with a combined single limit of not less than $5,000,000.00 is in effect.
XVIXK. ASSIGNABILITY
The City shall not assign^ � any interest in this Contract and shall not transfer any interest in this
Contract (whether by assignment or oovu ion) without prior written consent of the County
thereto, provided, however, that o|uinos for money by the City from the County under this
Contract may be assigned to a hunk, trust company, or other financial institution without such
approval. Written notice of any such assignment or transfer aba|| be furnished promptly on the
County by the City.
XIX. NON -WAIVER
The failure ofeither party to insist upon strict performanceoyany provision ofthis Contract
or to csrnciyc any right based upon u hrcuuh thereof orthe acceptance of any perbzonuuce
duho�such breach yhaUnot consdtum:owaiver ofany hgbtunder this [nu�ucL
CT MODIFICATIONS
Itiymutually agreed and understood that nomodification nrwaiver of any clause orcondition
of this Contract is binding upon either party unless such modification or waiver is in writing
and executed by the County and the City.
XX0' 8EVERA00LITY
|fany portion ofthis Contract is changed per mutual contract orany portion is held invalid,
the remainder of this Contract shall remain in full force and effect.
XXIK' NOTICES
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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
!29North 2"uStreet
Yakima, WA 98901
TO COUNTY: 8tefbnirTcuex, Interim Financial Services Director
|28North Second Street, Room2]|
Yakima, VV&AQA0|
or to such other addresses as the parties may hereafter designate in writing. Notices and/or
demands ahuU 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
uoovc.
XXIII. INTEGRATION
�r
This(� 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 ahu|| he valid or binding 'pon
either party unless such change oraddition be in writing and executed by hutb parties.
XXDV. GOVERNING LAW AND VENUE
All questions of the mdidity, construction, and application of this Contract shall be governed
6vthe laws of the State ofWashington. Venue for any suit between the parties arising out of
this Contract shall bcthe Superior Court ofYakima County, Washington.
XXV. FILING
Upon execution hvthe authorized representatives o[the parties, ucopy ofthis Contract ohuU
be promptly filed with the Yakima County Auditor pursuant to RCW 39.34.040.
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IN WITNESS WHEREOF, the County and the City have executed this Contract as of the date and year
last written below.
CITY OF YAKIMA
Victoria Baker, City a agar
Approved as to Form:
Attest:
atkins, City Attorney
)
berm; City C ler
t.:ZArit, ICI I :3
Date
BOCC Agreemeni
7 - 2 0 2 5
Yakima County WA
CRY CONTRACT
RESOLUTION NO: 0 P5- OSap
BOA
OF COUNTY COMMISSIONERS
Kyle Curtis, Chair
LANuat,
LaDon Linde, Commissioner
EXCUSED
Amanda McKinney, Commissioner
Approved as to Form:
Deputy Prosecuting Attorney
ONT CT AUTHORIZATION
Julie Lawrence, Clerk of the Board
Date
MAR 2 5 2025
Filed Page 8 of 8 Contract No. YC-AWS-25
i4
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i,i
',t'1,`'k`OAA`l VD .
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.K.
For Meeting of: March 18, 2025
ITEM TITLE: Resolution accepting the Yakima County Supporting Investments in
Economic Development (SIED)funding for the Wiley City Sewer
Feasibility Study
SUBMITTED BY: *Trevor Martin, Planning Manager
Bill Preston, Director of Community and Economic Development
SUMMARY EXPLANATION:
The Community and Economic Development Division has been notified that grant funds of one hundred
and twenty thousand dollars ($120,000) in SIED funding have been awarded to the City to be used
conducting a feasibility study to expand wastewater services around Wiley City. The $120,000 is 100°/0
grant funding. Upon acceptance, Planning will work with the Wastewater Division to prepare an RFQ.
The City and County have agreed that this grant does not guarantee or obligate the City of Yakima for
any associated wastewater projects that might be identified by the study.
City Council authorized submittal of a SIED application for this work on January 14, 2025 via Resolution
2025-019.
ITEM BUDGETED: N/A
STRATEGIC PRIORITY 24-25: A Resilient Yakima
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
Wiley_City_2025_SI ED_Resolution.docx
YC-AWS-25 Ahtanum Wiley City Sewer Study.pdf
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