Loading...
HomeMy WebLinkAboutR-2003-002 Yakima County Supporting Investments in Economic Development ( SIED ) Fund Grant Request [Re: Gateway to Wine CountryRESOLUTION NO. R-2003- 0 2 A RESOLUTION authorizing the City Manager to execute and submit a grant and loan application and all other necessary grant/loan documents with Yakima County for funding from the Yakima County Supporting Investments in Economic Development (SIED) Fund for infrastructure improvements necessary for the Gateway to Wine Country Visitor Information Center project. WHEREAS, Yakima County has established the Supporting Investments in Economic Development (SIED) fund to assist the growth of business in the County; and WHEREAS, economic development is a priority for the City of Yakima, and the City intends to approach economic development on an inclusive, comprehensive basis which involves public, private and community-based efforts to achieve new investment and redevelopment in the City; and WHEREAS, Yakima has been designated as the Gateway to Washington Wine Country by the Washington State Office of Tourism Development; and WHEREAS, in order to develop the Gateway to Wine Country Visitor Information Center, the City of Yakima and the Yakima Valley Visitors and Convention Bureau will construct a new facility adjacent to the Gateway Park & Ride at the Interstate 82 Fair Avenue exit, Yakima, Washington; and WHEREAS, the Gateway to Wine Country Visitor Information Center will serve the growing wine tourism industry of the Yakima Valley and provide a venue to showcase the assets of our community; and WHEREAS, the Gateway to Wine Country Visitor Information Center requires construction of certain infrastructure improvements (i.e., parking, curb, gutter, sidewalks, lighting and landscaping) in the general area of the Project; and WHEREAS, funding (through a grant/loan) may be available from Yakima County through the SIED Fund for infrastructure improvements; and WHEREAS, the Yakima Valley Visitors and Convention Bureau has requested that the City submit a grant/loan application with Yakima County to fund the infrastructure improvements from the SIED Fund; and (Ik)ced gateway sled loan app 12-30-02.pm WHEREAS, in consideration of the City applying for said grant and loan, hotel/motel tax revenues currently appropriated to the Yakima Valley Visitors and Convention Bureau for Convention Center operations will be used to pay the total amount that the City pays or becomes obligated to pay Yakima County pursuant to the SIED grant/loan; and WHEREAS, the infrastructure improvements are included in the Six -Year Transportation Improvement Plan; and WHEREAS, the Gateway to Wine Country Visitor Information Center will leverage approximately $436,000 in federal funds; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize submittal of a grant/loan application and other grant/loan documents with Yakima County for funding of said infrastructure improvements from the SIED Fund, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute and submit a grant and loan application and all other necessary grant/loan documents with Yakima County for funding from the Yakima County Supporting Investments in Economic Development (SIED) Fund for infrastructure improvements necessary for the Gateway to Wine Country Visitor Information Center project. The City Manager is hereby designated as the official representative of the City to act in connection with that funding application and is authorized to take such additional actions as may be necessary and prudent to complete the grant/loan application and process. ADOPTED BY THE CITY COUNCIL this 7th day of January, 2003. ATTEST: q<a)-ue,"— City Clerk (Ik)ced gateway sied loan app 12-30-02.pm y Place, Mayor 09/24/03 SIED CONTRACT NO. YC-VIC-03 YAKIMA COUNTY and CITY OF YAKIMA (Visitor's Information Center) I PARTIES This Contract is made by and between Yakima County (hereinafter referred to as the County) whose address is 128 North Second Street, County Courthouse, Room 102, Yakima, Washington 98901, and the City of Yakima (hereinafter referred to as the City) whose address is 129 North 2nd Street, Yakima, Washington 98901. Notices between the parties shall be made where and as provided for on Page 8, Section XXII, NOTICES. II TERM This Contract takes effect upon execution hereof by the authorized representatives of both parties and continues in effect until all payments required under Section V, MUTUAL CONSIDERATION, Subsection B. REPAYMENT OF COUNTY LOAN, have been made or until terminated as provided for in Section VIII, SUSPENSION, TERMINATION, AND CLOSEOUT, provided, the County's right under Section V, MUTUAL CONSIDERATION, Subsection D. OWNERSHIP AND USE, to use the Project shall continue so long as the Project remains in use. III PURPOSE The purpose of this Contract is to provide for the construction of certain infrastructure improvements (hereinafter referred to as the Project) using certain County funds designated for such infrastructure. The Project consists of site improvements for the new Visitor's Information Center to be constructed at Fair Avenue adjacent to Highway 82, including a paved parking lot, curbs and gutters, and landscaping. 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 SLED Fund), according to YCC 3.10.040. Filed Page 1 of 9 Contract No. YC-VIC-03 09/24/03 B. The City proposes to construct the Project with a combination of City, private, and County funds, including $150,000.00 from the SIED Fund, $75,000.00 to be in the form of a loan and $75,000.00 to be in the form of a grant, and thereafter to own and operate the Project for the benefit of the City and the County. 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 Project 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 various buildings, structures and works, such as the Project. E. The County, under authority of RCW 36.01.085, and by agreement of February 19, 1999, 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 STFD Board to review applications for grants from the SIED Fund and make recommendations for S1ED Fund investments based on commitment of other funds, potential for resulting job creation, and other factors. G. New Vision has investigated the Project and assisted in preparing the pending application for SIED funds, and the STFD Board has reviewed the application for SIED funds and has recommended approval. H. The SLED Fund balance is sufficient to make the requested contribution to the Project. I. RCW 39.34 authorizes interlocal agreements whereby municipal governments may jointly exercise the powers granted to each. V MUTUAL CONSIDERATION A. COUNTY LOAN—The County shall loan Seventy-five Thousand Dollars and Zero Cents ($75,000.00) for the Project described herein. This loan amount shall be by County warrant drawn on the SIED Fund and payable to the City immediately upon approval of this agreement by Board of County Commissioners following signatures from the City. B. REPAYMENT OF COUNTY LOAN—The City shall repay the County's loan of Seventy-five Thousand Dollars and Zero Cents ($75,000.00) with interest on unpaid principal, at an annual per annum rate of .1'1 \ Oy %, which is the Washington State Local Government Investment Pool Rate on the date this Contract is approved by the County. Interest shall accrue from the date this contract is approved by the County. Filed Page 2 of 9 Contract No. YC-VIC-03 09/24/03 In accordance with municipal accounting practices, early payoff of this contract does not result in reduced interest. Repayment shall be made by the City in seven equal annual installments (including principal and interest) payable on June 1, 2004, and annually thereafter on June 1 of each year, with the final payment nevertheless due on June 1, 2010; Provided, however, that the final installment may be in such greater or lesser amount as shall be required for full amortization of the repayment amount. These payments shall be by check payable to Yakima County Infrastructure Fund and delivered to Yakima County Treasurer, Yakima County Courthouse, Room 115, 128 North 2nd Street, Yakima, WA 98901. The City obligation hereunder shall be a limited general obligation of the City, payable from any legally available source of funds. Exhibit A attached hereto and incorporated herein reflects the Debt Service Schedule as noted. The loan is not subject to redemption prior to maturity (final date of repayment schedule). C. COUNTY GRANT—The County shall grant Seventy-five Thousand Dollars and Zero Cents ($75,000.00) to the City for the Project described herein. This grant shall be by County warrant drawn on the SIED Fund and payable to the City within thirty (30) days of the County's receipt of a signed copy of the Project engineer's certificate that 50% of the work on the Project has been completed and the City's invoice for said grant. D. 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 Contract and work undertaken hereunder shall be retained by the City for a period of three 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. Filed Page 3 of 9 Contract No. YC-VIC-03 09/24/03 VII RELATIONSHIP OF PARTIES AND AGENTS The relationship of the City to the County, with regard to construction of the Project, 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. 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. 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 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, the 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. Filed Page 4 of 9 Contract No. YC-VIC-03 09/24/03 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: 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, 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 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 TITLE VI OF THE CIVIL RIGHT ACT OF 1964 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. Filed Page 5 of 9 Contract No. YC-VIC-03 09/24/03 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 otherwise 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 MEMBERS OF THE COUNTY AND THE CITY 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 Project shall have any personal financial interest, direct or indirect, in this Contract. XVI HOLD HARMLESS AND INDEMNITY The City shall indemnify and hold harmless the County, its officers, agents, and employees, from all liability, loss or damage, including costs of defense they may suffer as a result of claims, demands, actions costs, or judgments which result from the activities to be performed by the City, its agents, employees, or subcontractors pursuant to this Contract. 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 ($1,000,000) 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 thirty (30) days prior to such cancellation or alteration. Applicant certifies that comprehensive liability insurance with a combined single limit of not less than $1,000,000.00 is in effect. Filed Page 6 of 9 Contract No. YC-VIC-03 09/24/03 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 CONTRACT 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 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: Michael Morales, Grants Officer City of Yakima 129 North 2°a Street Yakima, WA 98901 TO COUNTY: Steve Hill, Director Yakima County Departments of Community Services & Grant Management 128 North Second Street, Room 102 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. Filed Page 7 of 9 Contract No. YC-VIC-03 09/24/03 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. *************** Filed Page 8 of 9 Contract No. YC-VIC-03 09/24/03 IN WITNESS WHEREOF, the County and the Port have executed this Contract as of the date and year last written below. CITY OF YAKIMA Z..„:,,,,- 6 Richard A. Zais Cit an Approved as to Form: ager ager g.,-,,i,,1---6ee' Ray Paolella, City Attorney Attest: Kott,, /P -a-64. Karen Roberts, City Clerk OCD b -Q,. a© ao Date CITY CONTRACT NO: ,-,wee- 9 3 n RESOLUTION N0: -Dap -.2- Filed BOARD OF COUNTY COMMISSIONERS esse S. Palacios, Chairman ames M. Lewis, issioner Ronald F. Gamache, Commissioner Approved as to Form: hn Staffan, Deputy Prosecuting Attorney CONTRACT AUTHORIZATION Attest: Carla M. Wai0 Clerk of the Board « /Z Io. Date Jennifer Adams Deputy Clerk of the Board Page 9 of 9 Contract No. YC-VIC-03 Dated.: 11/25/2003 Delivered: 11 /25/2003 Debt Service Schedule SIED Loan - City of Yakima Vistor s Information Center 1 Fiscal Yr Coupon Principal Coupon Interest Credit Periodic Fiscal Outstanding Date Payment Rate Payment Enhancemenets Debt Service Debt Service Debt 2004 2005 2006 2007 2008 2009 2010 6/1/2004 10, 714.29 1 104 6/1/2005 10, 714.29 1 104 6/1/2006 10, 714.29 1 104 6/1/2007 10, 714.29 1 104 6/1/2008 10, 714.29 1 104 6/1/2009 10, 714.29 1 104 6/1/2010 10, 714.26 1 104 427 80 709 71 591 43 473 14 354 86 236.57 118.29 0 00 11,142.09 11,424 00 11,305 72 11,187 43 11,069 15 10,950 86 10,832.55 11,142.09 11,424 00 11,305 72 11,187 43 11,069 15 10,950 86 10,832.55 64,285 71 53,571 42 42,857 13 32,142.84 21,428.55 10,714.26 0 00 75,000.00 2,911.80 0.00 77,911.80 True Interest Cost (TIC) 1.1052246 Net Interest Cost (NIC) 1.1047583 Accrued Interest 0.00 Arbitrage Yield Limit (AYL) Arbitrage Net Interest Cost (ANIC) 0.0000000 0.0000000 Prepared Gy: YAKIMA COUNTY 11EASU1 :MUNIDB Prepared en: 12/2/2003 13:37 11.50 Rpt 24c YC -VC -2003-B EXISTIt1 PROJECT LIMITS BUS LOAD AND UNLOAD ZONE .... ...... : .......... 16,8005F PARKLIN6 LOT L161-11-1116 CURB ASPHALT PAVIN6 STORM WATER POND 11111111111111 79 rrri MITT!). PEN 01),, .0005F 4801-F NEWSIDE WALK MEW DRIVE EXI EDSCALE 1".50'0" S I TE PLAN VISITOR INFORMATION CENTER, GATEWAY TO WINE COUNTRY City Project No. 1936 12/31/02 Sources Uses Enhancement Funds ( Federal) $ 350,000 SIED Funds $ 150,000 Direct Allocation ( Federal ) $ 86,500 Total: $ 586,500 Building & Limited Site Improvements $ 300,000 Sewer Installation & Fees $ 15,500 Site Fill $ 30,000 Title 12 & Amenitites $ 140,000 Architectural & Administrative Services $ 35,000 Engineering - (In house) $ 13,000 Contingency $ 53,000 Total: $ 586,500 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of: January 7, 2003 ITEM TITLE: Consideration of a Resolution to authorize the City Manager to execute and submit a grant/loan application to the Yakima County Supporting Investments in Economic Development (SLED) fund for public infrastructure for the Gateway to Wine Country Visitor Information Center. SUBMITTED BY: til Morales, Grants Officer K. Wendell Adams, City Engineer Rita Anson, Finance Director CONTACT: Michael Morales, 575-3533 SUMMARY EXPLANATION: The Yakima Valley Visitors and Convention Bureau (YVVCB) has requested that the City apply for $150,000 in SLED funding to complete infrastructure for the Gateway to Wine Country Visitor Information Center. SLED funding will pay for parking, curb and gutter, entryways, sidewalks, outdoor fighting, landscaping and an outdoor reception area. The funding is needed to compensate for items that were to be leveraged to the original project by the construction of the adjacent Gateway Park & Ride ($167,000), and historic preservation funds ($50,000) for the restoration of the Richey House. The use of the Park & Ride facility to satisfy Title 12 requirements was determined to be ineligible, and the historic preservation funds were removed when the Richey House was removed from consideration. Items related to site preparation have also increased the cost of the project. CONTINUED ON FOLLOWING PAGE Resolution _X_ Ordinance _ Contract _ Other: Grant & Loan Application Funding Source: Hotel/Motel Tax R Approval for Submittal: STAFF RECOMMENDATION: BOARD RECOMMENDATION: COUNCIL ACTION: Staff recommends approval of the resolution. 1 SEED funding would consist of a 50% loan and 50% grant award from Yakima County to the City of Yakima. A 10 percent ($15,000) local match is required. Local match funding will be provided through the City's federal grant secured to construct the center. The estimated annual debt service on the $75,000 loan is $12,500 annually for seven years. Staff proposes to repay the SIED loan (i.e: to make debt service payments on the SIED loan) utilizing a portion of Hotel/Motel tax revenue currently used to fund Convention Center operations. Tills would re -direct Hotel vl Aotei tax revenues from Convention Center operations to debt service payments on the Visitors Center . Since the Convention Center currently depends on Hotel/Motel revenues for operations and maintenance of the Center, staff proposes to offset this reduction in funds by utilizing "excess" PPublic Facilities District (PFT) f nds fur Convention Center operations, extent that they ublic ilSd6J b 6.LLSSS Li VJ 11dVbsAv. �i+�� ..�..�� .v. v.... ..... �. ... __�� to the they are available. (That is, utilize a portion of the amount the City receives from the P1 -'ll in excess of the debt service payments on the related convention center bonds and a reserve amount for Convention Center operations.) This funding sceena oo has been reviewed by the Preston Gates and PHIS Law Firm (PGE). PGE continued that utilizing the "excess" funds received from the PFD to pay for operations and maintenance on the convention center would be an appropnate use of these funds, per the existing state statute. PGE also concurred that utilizing Hotel/Motel tax revenues to pay debt service on the SIFD loan was an appropriate use of these funds. A site plan and budget for the project, including all lural and federal funds, is attached. 2