HomeMy WebLinkAboutR-2000-076 Grant/Loan Contract with Yakima County SIED relating to Cascade Quality Molding projectRESOLUTION NO. R-2000-
A RESOLUTION authorizing the City Manager to execute a SIED Fund Grant/Loan
Contract with Yakima County to fund public infrastructure
improvements related to Cascade Quality Molding.
WHEREAS, Yakima County has established the Supporting Investments in Economic
Development fund ("SIED Fund") to assist the growth of manufacturing 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, in order to expand its operations, Cascade Quality Molding has
undertaken construction of a new manufacturing facility on Ahtanum Road at South
26th avenue within the City of Yakima; and
WHEREAS, the site for the Project is currently zoned M-1 Light Industrial; and
WHEREAS, the Cascade Quality Molding Project will result in the retention at least 12
jobs and an intention to create 8 new full time equivalent positions; and
WHEREAS, the Cascade Quality Molding Project requires construction of certain
infrastructure improvements (i.e., road, curb, gutter, sidewalks) in the general area of
the Project; and
WHEREAS, Cascade Quality Molding has requested that the City submit a grant/ loan
application with Yakima County to fund the infrastructure improvements from the
SIED Fund; and
WHEREAS, in consideration and as a condition of the City applying for said
grant/loan, Cascade Quality Molding agreed to pay/reimburse the City the total
amount that the City pays or becomes obligated to pay Yakima County pursuant to the
SIED Fund grant/loan; and
WHEREAS, the City Council approved the submittal of an application for SIED
funding on March 21, 2000; and
WHEREAS, the City's SIED Fund grant/loan application for the required infrastructure
improvements has been approved by Yakima County in a total amount of $88,000 (a
grant of $44,000, and a loan of $44,000); and
WHEREAS, in order for the City to receive the SIED Fund grant/loan, the County
requires execution of the attached SIED Fund Grant/Loan Contract; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
authorize execution of the attached SIED Fund Grant/Loan Contract with Yakima
(;a) Resolution Cascade Quality Molding, 05/31/00,1:05 PM
County in order to receive funding for said infrastructure improvements; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the attached and incorporated "SIED
Fund Grant/Loan Contract" with Yakima County to fund public infrastructure
improvements related to the Cascade Quality Molding Project. The City Attorney shall
approve the final form of the contract.
ADOPTED BY THE CITY COUNCIL this 1.2 441 day of June 2000.
Ar1'EST:
Karen Roberts, City Clerk
(ja) Resolution Cascade Quality Molding, 05/31/00,1:05 PM
271a
ary Place, Mayor
05/31/00
SIED CONTRACT NO. YC -CM -00
YAKIMA COUNTY
and
CITY OF YAKIMA
(Cascade Quality Molding)
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 Second 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 the widening of Ahtanum Road to four lanes
adjacent to the industrial plant located at 2600 Ahtanum Road and more particularly described in
the City's Supporting Investments in Economic Development (SIED) Fund Application on file
at the County address recited above
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
Page 1 of 8 YC -CM -00
05/31/00
B. The City proposes to construct the Project with a combination of City, private, and
County funds, including $88,000 from the SLED Fund, $44,000.00 to be in the form
of a loan and $44,000.00 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.
B. 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 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 New Vision has investigated the Project and assisted in preparing the pending application
for SIED funds, and the SLED Board has reviewed the application for SLED funds and
has recommended approval
H. The SIED 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 Forty Four Thousand Dollars and Zero
Cents ($44,000.00) for the Project described herein This loan amount shall be by
check drawn on the SIED Fund and payable to the City within thirty (30) days
from the County's receipt of an invoice from the City for said loan amount,
following execution of this Contract.
B. REPAYMENT OF COUNTY LOAN—The City shall repay the County's loan of
Forty Four Thousand Dollars and Zero Cents ($44,000.00) with interest on unpaid
principal, at an annual per annum rate of (40.28%, which is the Washington State
Local Government Investment Pool Rate on thiol to this Contract is approved by the
County Jfl�
Repayment shall be made by the City in ten equal annual installments (including
principal and interest) payable on June 1, 2001, and annually thereafter on June 1
Page 2 of 8 YC -CM -00
05/31/00
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.
C. COUNTY GRANT—The County shall grant Forty Four Thousand Dollars and Zero
Cents ($44,000.00) to the City for the Project described herein. This grant shall be by
check 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.
VH 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
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05/31/00
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.
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,
Page 4 of 8 YC -CM -00
05/31/00
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.
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.0 794)
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05/31/00
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. Certificates of such insurance shall be provided to the
County within thirty (30) days after the execution of this Contract.
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
Page 6 of 8 YC -CM -00
05/31/00
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:
TO COUNTY:
Bill Cook, Director
Department of Community Economic Development
City of Yakima
129 North Second Street
Yakima, WA 98901
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.
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.
* * * * * * * * * * * * * * *
Page 7 of 8 YC -CM -00
05/31/00
IN WITNESS WHEREOF, the County and the City have executed this Contract as of the date and year
last written below.
CITY OF YAKIMA
R.A. Zais, Jr., C'i y Manager
Attest: City Clerk
BOARD OF COUNTY COMMISSIONERS
T�a
esse S. Palacios, Chair
Karen Roberts
James M. Lewis
City Contract 2000-56
Resolution R-2000-76
Approved as to Form:
Joh taffan, Deputy 'rosecuting Attorney
CONTRACT AUTHORIZATION
Attest: Clerk of the Board
Page 8 of 8 YC -CM -00
Yakima County Treasurer's Office File = YAKIMACO(2000)Sunny.sf-YAKCO-Yakima- SINGLE PURPOSE
6/ 7/2000 1:59 PM
irhkt 4
Yakima County, Washington
Loan Repayment Schedule
City of Yakima (Cascade Quality Molding)
Beginning Date: ,June 1, 2000
DEBT SERVICE SCHEDULE
Date
Principal Coupon Interest
Total P+I
6/01/2000
- --
-
6/01/2001
$5,197.36 6.280% $2,763.20
$7,960.56
6/01/2002
5,523.75 6.280% 2,436.81
7,960.56
6/01/2003
5,870.65 6.280% 2,089.91
7,960.56
6/01/2004
6,239.32 6.280% 1,721.24
7,960.56
6/01/2005
6,631.15 6.280% 1,329.41
7,960.56
6/01/2006
7,047.59 6.280% 912.97
7,960.56
6/01/2007
7,490.18 6.280% 470.38
7,960.56
Total
$44,000.00 $11,723.92
$55,723.92
Yakima County Treasurer's Office File = YAKIMACO(2000)Sunny.sf-YAKCO-Yakima- SINGLE PURPOSE
6/ 7/2000 1:59 PM
irhkt 4
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.:
For Meeting of: June 6, 2000
ITEM TITLE: Consideration of: 1) a resolution to authorized the City Manager to execute a
financial award agreement with Yakima County for a grant not to exceed S44,000 and a loan not to
00
exceed $44,000, funding for which will come from the Yakima County Supporting Investments in
Economic Development (SIED) fund, and 2) an ordinance appropriating $466,500 within the 142—
Arterial Street Fund for expenditure during 2000 to provide infrastructure for Cascade Quality
Molding.
SUBMITTED BY: William Cook, Director of Community and Economic Development
CONTACT PERSON/TELEPHONE: William Cook 575-6227
SUMMARY EXPLANATION:
On March 21, 2000, the City Council approved a resolution authorizing submission of a grant and
loan application to the Yakima County SIED fund for the Cascade Quality Molding Project. The
SIED board voted to approve the application for $88,000 on April 6, 2000. SIED funds will be
awarded to the City in the form of a 50% grant, and 50% loan to be repaid by the developer.
By separate Council action staff is requesting approval of a resolution authorizing the City Manager
to enter into a loan agreement with Cascade Quality Molding for $44,000 in SIED loan funds.
Cascade Quality Molding, owned by Larry and Teresa Kraft is investing approximately $1 million
to build a 20,000 square foot manufacturing facility and purchase equipment. Construction of their
new facility will result in 8 new jobs and 12 retained jobs.
The City's award of SIED funding will offset the
costs
6oAvenuding infrastructure (road, curb,
gutter, and sidewalks) on Athanum Road
and e.
SIED funding will pay for widening of Ahtanum Road to four lanes, and the construction of curb
and gutter fronting property located at 26thAvenue and Ahtanum road. The improvements are
required for the construction of a new manufacturing facility for Cascade Quality Molding, Inc.,
which will expand its existing operations when the facility is completed. The estimated cost for
infrastructure improvements related to the Cascade expansion is $88,000. Continued to next page
Resolution X Ordinance X Contract:" Other Specify: Loan Agreement
Funding Source: Yakima County SIED Fund and Federal Hiway Administration Fund
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: 1) Staff recommends approval of the resolution and, 2) Read
Ordinance by title only at the June 6, 2000 meeting. Pass Ordinance after second reading at the
June 27, 2000 meeting.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
In addition, the City will leverage the private investment of road improvements funded by Cascade
Quality Molding together with available federal transportation grant funds to complete the
widening, to four lanes, of Ahtanum Road from 16th Avenue west to the City limits. The total cost
of all improvements related to the project is estimated at 5466,500.00.
Cascade Quality Molding specializes in custom injection molding and plastic parts from design
through production. Cascade serves original equipment manufactures, as well as the electronics,
aerospace and agricultural industnes. Cascade also supports many customers and produces a
variety of custom parts and products for the medial, electronics, communications and semi-
conductor industnes.
AN ORDINANCE
ORDINANCE NO. 2000 -
amending the 2000 budget for the City of Yakima; and making an
appropriation of $466,500 in the 142 — Arterial Street Fund for expenditure
during 2000 to provide infrastructure for Cascade Quality Molding.
WHEREAS, the amount of $466,500 must be appropriated within the 142 — Arterial Street
Fund in order to provide funding for the infrastructure for Cascade Molding, and
WHEREAS, at the time of the adoption of the 2000 budget it could not reasonably have been
foreseen that the appropriation provided for by this ordinance would be required; and the City Council
finds that an emergency exists of the type contemplated by RCW 35.33.091 and that it is in the best
interests of the City to make the appropriation herein provided, now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The amount of $466,500 is hereby appropriated from the Unappropriated Fund
Balance in the 142 — Arterial Street Fund to account numbers as shown on Schedule I as a 2000
appropriation.
Section 2. This ordinance is one making an appropriation and shall take effect immediately
upon its passage, approval and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this day of
2000.
MAYOR
ATTEST:
CITY CLERK
First Reading:
Publication Date:
Effective Date:
AO/Approp Ordi.
'06/01/2000 1:39 PM
Arterial Street
REVENUE
SCHEDULE I
Federal Hiway Administration
142-3-142-528-1907-33320-2FH
SIED Grant
142-3-142-528-1907-33700-ILG
SIED Loan
142 -3 -142 -528 -1907 -39180 -COU
APPROPRIATIONS
$378,500
$14,000
$44,000
Ahtanum Road Arterial Improvement
142-4-142-528-1907-59530-650 $466,500
TOTAL $466,500 $466,500
Page 1
'ascide
Quality
Molding
- City Limits
Sewer Lines
W ater Line
- Subject Pity
0 200 400
Created: May 31, 2000
AMENDED SIED CONTRACT NO. YC -CM -00
YAKIMA COUNTY
and
CITY OF YAKIMA
(Cascade Quality Molding)
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 Second Street, Yakima, Washington 98901 Notices between the parties shall be
made where and as provided for on Page 8, Section XXII, NOTICES
11 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 (Amended to include installation of sewer as requested Aug 30, 2000)
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 the widening of Ahtanum Road to four lanes, and
the installation of a 15 -inch sewer line adjacent to the industrial plant located at 2600
Ahtanum Road, which is more particularly described in the City's amended Supporting
Investments in Economic Development (SIED) Fund Application on file at the County address
recited above
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
Page 1 of 9
YC -CM -00
Amended 09/07/00
B. The City proposes to construct the Project with a combination of City, private, and
County funds, including $88,000 from the SIED Fund, $44,000.00 to be in the form
of a loan and $44,000.00 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
B 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
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 SII -D 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 New Vision has investigated the Project and assisted in preparing the pending application
for SIED 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 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 Forty Four Thousand Dollars and Zero
Cents ($44,000.00) for the Project described herein This loan amount shall be by
check drawn on the SIED Fund and payable to the City within thirty (30) days
from the County's receipt of an 'invoice from the City for said loan amount,
following execution of this Contract.
B. REPAYMENT OF COUNTY LOAN—The City shall repay the County's loan of
Forty Four Thousand Dollars and Zero Cents ($44,000.00) with interest on unpaid
principal, at an annual per annum rate of (p.25%, which is the Washington State
Local Government Investment Pool Rate on the die this Contract is approved by the
County
Page 2 of 9
YC -CM -00
Amended 09/07/00
Repayment shall be made by the City in ten equal annual installments (including
principal and interest) payable on June 1, 2001, 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.
C. COUNTY GRANT—The County shall grant Forty Four Thousand Dollars and Zero
Cents (544,000.00) to the City for the Project described herein. This grant shall be by
check 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
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
Page 3 of 9
YC -CM -00
Amended 09/07/00
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
Vffi 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
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,
Page 4of9
YC -CM -00
Amended 09/07/00
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
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 )
Page 5 of 9
YC -CM -00
Amended 09/07/00
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 HARIVILESS 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. Certificates of such insurance shall be provided to the
County within thirty (30) days after the execution of this Contract
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
Page 6 of 9
YC -CM -00
Amended 09/07/00
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:
TO COUNTY:
Bill Cook, Director
Department of Community Economic Development
City of Yakima
129 North Second Street
Yakima, WA 98901
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
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
Page7ot9
YC -CM -00
Amended 09/07/00
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
* * * * * * * * * * * * * * *
Page 8 of 9
YC -CM -00
Amended 09/07/00
IN WITNESS WHEREOF, the County and the City have executed this Contract as of the date and year
last written below
CITY OF YAKIMA
R.A.is Jk., City Manager Date
Acting
Attest: City Clerk
ljJ 1 '.,„
Linda Watkins ' a I -- \Date
gSEAL' ° 9
Li
Cdw j-" yt.o. .2000-56rp, .
"pc,oUN T rcoN
BOARD OF COUNTY COMMISSIONERS
,./v)ed•ge-6-:saw
sse S Palacios, Chair
1.,_
Bettie Ingham, Commoner
James M. Lewis, Commissioner
Approved as to Form
Johp Staffan, Deputy Prosecuting Attorney
4..4�'#� t11 NGT 4i4 z
Z::* ti'°0v, IONTRACT AUTHORIZATION
r
sd$ .s r't ttest coNomattio
ci)
Clerk of the Board
Cervantes
'a , a000
Dat
Page 9 of 9
YC -CM -00
Amended 09/07/00
Yakima County Treasurer's Office File = YAriIMYL4C0(2000)Sunny.st-YAhCO-Yakima- SINGLE PURPOSE
6/7/2000 i.59FM
CKPat6i /1
Yakima County, Washington
Loan Repayment Schedule
City of Yak ma (Cascade Quality Molding)
Beginning Date:June 1, 2000
DEBT SERVICE SCHEDULE
Date
Principal
Coupon
Interest
Total P+I
6/01/2000
--
-
-
6/01/2001
35,197.36
6.280%
$2,763.20
37,960.56
6/01/2002
5,523.75
6.28096
2,436.31
7,960.56
6/01/2003
5,870.65
6.280%
2,089 91
7,960 56
6/01/2004
6,239.32
6 280%
1,721 24
7,960.56
6/01/2005
6,631.15
628046
1,329.41
7,960 56
6/01/2006
7,047.59
6.280%
912.97
7,960.56
6/01/2007
7,490.18
6.28096
470.38
7,960 56
Total
844,000 00
811,723.92
855,723.92
Yakima County Treasurer's Office File = YAriIMYL4C0(2000)Sunny.st-YAhCO-Yakima- SINGLE PURPOSE
6/7/2000 i.59FM
CKPat6i /1
AMENDMENT 2
SIED CONTRACT NO. YC -CM -00
IT IS HEREBY AGREED between Yakima County and the City of Yakima that Subsection V.
of the parties SLED Contract No. YC -CM -00, made June 6, 2000, and relating to the loan of
County SIED funds for the City of Yakima's Cascade Molding project, is amended, effective, this
54±1 day of `J Uri'(,. , 2001, as set forth below This amendment is made in
recognition of certain biological assessment delays, unforeseen by the parties, occurring since the
date of the parties original Contract and affecting the relations of the parties under that Contract.
Except for the amended terms of Subsection V , which are set forth below, the original terms and
conditions of SLED Contract No YC -CM -00 shall remain in full force and effect.
V. MUTUAL CONSIDERATION
A. COUNTY LOAN—The County shall loan Forty Four Thousand
Dollars and Zero Cents ($44,000.00) for the Project described
herein. This loan amount shall be by check drawn on the SIED
Fund and payable to the City immediately upon approval of this
Amendment by both parties.
B. REPAYMENT OF COUNTY LOAN—The City shall repay the
County's loan of Forty Four Thousand Dollars and Zero Cents
($44,000.00) with interest on unpaid principal, at an annual per
annum rate,j24.2.0%, which is the Washington State Local
Government' I estment Pool Rate on the date this Amendment is
approved by the County
Repayment of principal and interest shall be made in ten (10)
annual installments. The first payment shall be due in June 1,
2002, and annual payments thereafter shall be due on June 1 of
each year with the final payment nevertheless due on June 1,
2011; 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.
1 SIED Contract No YC -CM -00
Amendment 2
C. COUNTY GRANT—The County shall grant Forty Four Thousand
Dollars and Zero Cents ($44,000.00) to the City for the Project
described herein. This grant shall be by check 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
YAKIMA COUNTY CITY OF YAKIMA
R.A. Zais, Jr , City Manager
Steve Hill, Director
I.'S A Li a S— aLi —o/
Date Date
BOARD OF YAKIMA COUNTY
COMMISSIONERS
James M. Le F', airman
CONTRACT AUTHOI `A
rte "
COMMISSIONERS °... Fygsy°iti
Resolution No ` ;:'.`'�
�-%
m.• S o
= r- Ifr,�;
`0 t'4;
'
` e
4-' 11/;:i:1; ao;tii: : o�
ATTEST'
*o
Karen Roberts, City Clerk
S — a. --O
Date
000
CITY CONTRACT N0:
RESOLUTION t.1.0:
BOARD OF YAKIMA COUNTY
Attest 0 f the Board
it IY�kg(611L6'7
ylvia E Cervantes
2 SIED Contract No YC -CM -00
Amendment 2
p
Yakima County Treasurer's Office 06/06/2001
Yakima County, Washington
Loan Repayment Schedule
City of Yakima - Cascade Quality Moulding Project
Beginning Date fune 5, 2001
DEBT SERVICE SCHEDULE
Date
Principal
Coupon
Interest
Total P+I
6/01/2002
$3,649.03
4.200%
$1,827.47
$5,476.50
6/01/2003
3,781.75
4.200%
1,694.74
5,476.49
6/01/2004
3,940.59
4.200%
1,535.91
5,476.50
6/01/2005
4,106.09
4.200%
1,370.40
5,476.49
6/01/2006
4,278.55
4.200%
1,197.95
5,476.50
6/01/2007
4,458.24
4.200%
1,018.25
5,476.49
6/01/2008
4,645.49
4.200%
831.00
5,476.49
6/01/2009
4,840.60
4.200%
635.89
5,476.49
6/01/2010
5,043.91
4.200%
432.59
5,476.50
6/01/2011
5,255.75
4.200%
220.74
5,476.49
Total
$44,000.00
-
$10,764.94
$54,764.94
Yakima County Treasurer's Office 06/06/2001