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HomeMy WebLinkAbout10/18/2016 06J Yakima Valley Trolley Capitol Improvement Project; State of Washington Heritage Capitol Projects Grant Agreement J xs .1 s. n. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 6.J. For Meeting of: October 18, 2016 ITEM TITLE: Resolution authorizing a grant agreement for $49,926.53 in State of Washington Heritage Capitol Projects grant funding for the Yakima Valley Trolley Capitol Improvement Project SUBMITTED BY: Sean Hawkins, Economic Development Manager, 575 -6274 SUMMARY EXPLANATION: In May of 2014, the City of Yakima on behalf of Yakima Valley Trolleys (YVT) applied for grant funding from the Washington State Heritage Capitol Projects program. This grant opportunity was a perfect opportunity to leverage the $100,000 that the Yakima City Council included in the 2015 budget for additional improvements at YVT. The improvements included updating the parking lot, HVAC work, painting in the power barn, and restroom improvements. At first, the grant request was not awarded. However, in the spring of 2016, staff from the Washington State Heritage Capitol Projects contacted City staff announcing that one of the previously awarded applicants had dropped out of the process and that there was funding available to assist with the Yakima Valley Trolley Capitol Improvement Project. This grant award is for $49,926.53 and the City's $100,000 inclusion in the 2015 City budget will act as the match for the grant. There is no additional match dollars required for the grant. The funds must be spent by June 30, 2017. City staff will work directly with Yakima Valley Trolleys to invest these dollars back into the project. Projects to be paid for with these grant dollars include the installation of 3 LED parking lot lights, interpretive displays, floor planking in the bus barn, and site work at the Selah rock slide location. ITEM BUDGETED: No STRATEGIC PRIORITY: Economic Development APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution. BOARD/COMMITTEE RECOMMENDATION: The Council Economic Development Committee recommended this item be moved to the entire City Council at its August 2016 meeting. ATTACHMENTS: Description Upload Date Type D Resolution Trolley Grant 10/10/2016 or Memo El Grant Agreement 10/10/2016 Cover Memo RESOLUTION NO. R -2016- A RESOLUTION authorizing the City Manager to execute grant agreement for $49,926.53 in State of Washington Heritage Capitol Projects grant funding for the Yakima Valley Trolley Capitol Improvement Project. WHEREAS, the City of Yakima is the owner of the Yakima Valley Trolley System and contracts with Yakima Valley Trolleys for the day -to -day operations of the trolley system; and WHEREAS, the City of Yakima and Yakima Valley Trolleys applied for Washington State Heritage Capitol Projects grant funding to invest back into the upkeep of the Trolley Barn parking facilities and structure in May of 2014; and WHEREAS, the Yakima City Council invested $100,000 in capital improvement dollars into the Yakima Valley Trolley System in the 2014 City of Yakima Budget; these funds shall be applied as the City's required local match for this grant award; and WHEREAS, the City of Yakima and Yakima Valley Trolleys can complete the work identified as the purpose for these grant proceeds by the June 30, 2017 completion deadline; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima and its residents to authorize the City Manager to execute the grant agreement with the Washington State Heritage Capitol Projects Program, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the Washington State Heritage Capitol Projects grant agreement, attached hereto and incorporated herein by this reference, to receive $49,926.53 in funding from the Washington State Heritage Capitol Project Program, which funding must be invested in Yakima Valley Trolley capital improvements by June 30, 2017. ADOPTED BY THE CITY COUNCIL this 18th day of October, 2016. ATTEST: Kathy Coffey, Mayor Sonya Claar -Tee, City Clerk A w*r rxr HISTORICAL ovo.�n����o����u. SOC U ETY September 15, 2016 Robert Desgrosellier Senior Engineer City of Yakima (DBA) Yakima VaIIey Trolleys 129 N. Second Street Yakima, WA 98901 Dear Bob: Enclosed for your signature are two originals of the final contract between the City of Yakima (DBA) Yakima Valley Trolleys (GRANTEE) and the Washington State Historical Society (AGENCY) which administers the Washington State Heritage Capita| Projects (HCP) Program. With execution of Contract #17-33, Heritage Capital P jects grant funding will be available for the Yakima Valley Trolleys Capital Improvement Project. Both of the original contracts should be reviewed, approved, and signed by the individual authorized by the GRANTEE, and returned to me within thirty days. Please note that page 4 of the contract and each of the attachments B through H must be signed and dated. The original signed contracts in their entirety must be returned in the enclosed postage-paid envelope. Upon our receipt, both will be signed and dated by the AGENCY Executive Director Jennifer Kilmer. Your original executed contract will be sent back to you, and we will retain the other. |f you have any questions, please contact mneat253'798-590Sor | |ookfomvardtovvorkingvvithyouasyouoornp|eteyourHeritageCapita|Project. Sincerely, ()OvA) 0 , Janet Rogerson Heritage Capital Projects Manager Washington State Historical Society 1911 Pacific Avenue Tacoma WA 98402 1911 Pacific Avenue, T@Conl@, WA 98402 WASHINGTON STATE HISTORICAL SOCIETY STATE OF WASHINGTON WASHINGTON STATE HISTORICAL SOCIETY HCP 17-33 CITY OF YAKIMA (DBA) YAKIMA VALLEY TROLLEYS 1, PARTIES TO THE CONTRACT This state funded Contract for Heritage Capital Projects (Contract) is entered between the City of Yakima (DBA) Yakima Valley Trolleys, 129 N. Second Street, Yakima, WA 98901 (GRANTEE) and the Washington State Historical Society, 1911 Pacific Avenue, Tacoma, WA 98402 (AGENCY), and shall be binding upon the agents and all persons acting by or through the parties. 2. PURPOSE OF CONTRACT This Contract sets out the terms and conditions by which a grant is made for a Heritage Capital Project during the 2015 - 2017 biennium from funds appropriated by the Washington State Legislature in 2EHB 1115, which was incorporated into the Capital Budget signed into law by the governor on June 30, 2015. RCW 27.34.330 provides statutory authorization for the funding program. The funding is administered by the Agency. 3. DESCRIPTION OF HERITAGE CAPITAL PROJECT Funds awarded under this Contract shall be used by the GRANTEE solely for the Yakima Valley Trolleys Capital Improvement Project as described in ATTACHMENT B (PROJECT SCOPE OF W,ORK), and for the express purpose of the grant as described in ATTACHMENT C (PROJECT PURPOSE). 4. CONSIDERATION The parties agree that, in exchange for the grant money awarded pursuant to this Contract, the State of Washington and the Agency shall receive in consideration the preservation and interpretation of historical sites and artifacts that have the potential to provide lifelong learning opportunities for the citizens of the state. Page 1 of 4 5. AMOUNTOFGRANT The Washington State Legislature appropriated forty-nine thousand, nine hundred twenty-six dollars, and fifty-three cents ($49,926.53). Of this appropriation, the total funds available to the GRANTEE for reimbursement of eligible costs shall be forty eight thousand, four hundred twenty-eight dollars, and seventy-three cents ($48,428.73). The AGENCY shall retain three percent (3.0%) of the appropriation, which is one thousand, four hundred ninety-seven dollars, and eighty cents /$1,497.80\ as the cost of administering the grant and this Contract. 6. COST SHARE a) The total cost of the project shall include only those costs that are eligible expenditures as described in ATTACHMENT D (PROJECT BUDGET). GRANTEE agrees that the amount of state funding shall not exceed thirty three and thirty-three one hundredths percent /33.3396\of the total cost of the project. Thenon-statepmrtimnof the total cost of the pr 'ectsha||betheGRANTEE'scmstshareof1hetota|costofthe project. The amount of GRANTEE's cost share shall be one hundred thousand dollars ($100000.O0). b) At Ieast one-half ofthe GRANTEE's cost share shall be in cash. The other haif may be made up of cash and in-kind contributions, as defined in ATTACHMENT A (GENERAL PROVISIONS). c) By signing this agreement, GRANTEE warrants that, at the time of this Contract's effective date, ATTACHMENT E (SOURCE OF AVAILABLE FUNDS) accurately represents the cash and in-kind contributions, whether pledged, held by the GRANTEE or expended on this project. d) Project expenditures incurred after the Capital Budget is signed into law and after the effective date of this Contract are eligible for reimbursement only if they are consistent with the terms and conditions of this Contract and the GRANTEE complies with the billing procedures described in ATTACHMENT A (GENERAL PROVISIONS). Project expenditures incurred prior to execution of this Contract shall not be reimbursed. 7. PERIOD OF PERFORMANCE The period of performance under this Contract shall be from the date of the last signature of the contracting parties to June 30, 2017. Without further appropriation from the legislature, expenditures beyond this date shall not be reimbursed. The requirement to maintain ownership or a lease on the subject property and to use it for the express purposes of the grant, as stated in Section 8, shall remain in full force and effect for thirteen years following GRANTEE's completion of the pr 'ect. 8. CAPITAL |K4PROVEK4ENTSTO BE HELD B a) Capital improvements funded by the Heritage Capital Projects Fundaretobeusedforthe express purpose of this grant. No funds appropriated from the Heritage Capital Pr 'ects Page 2 of 4 � ^ Fund shall be used for capital improvements not included in the legislative appropriation and specifically designated in this grant Contract with the AGENCY. b) As required by RCW 27.34.330, capital improvements funded by this grant shall be held by the GRANTEE for at Ieast thirteen (13) years beyond project ject completion; the facilities shall be used for the express purpose of the grant; and, if mobile, used primarily in Washington State. GRANTEE agrees that it will maintain ownership or lease of ALL property to be held, as described in ATTACHMENTG (PROPERTY PARCEL NUMBER(S)AND LEGAL DESCRIPTION(S)), for thirteen (13) years beyond the date of pr ject completion. Failure to maintain ownership or a lease on the subject property for thirteen years following GRANTEE's completion of the pr 'eotyhaUconstitu1eabreachofthisCmntraot. c) This provision shall not be construed to prohibit the GRANTEE from selling any property described in this section, provided that; 1) any sale shall be subject to prior review and approval by the AGENCY, and 2) the GRANTEE retains the right to lease and maintain the property for the full thirteen years required in b) above, and to use it for the express purpose of the grant. d) Any failure to comply with this provision shall constitute a breach of this Contract, and the GRANTEE shall repay all funds received to the state general fund plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant. 9. REAPPROPRIATION The parties hereto agree and understand that any state funds not expended and billed by end of the biennium, June 30, 2017, will lapse on that date unless reappropriated by the Washington State Legislature. If funds are so reappropriated, the AGENCY'S obligation under the terms of this Contract shall be contingent upon the terms of such reappropriation. GRANTEE may not rely to its detriment upon use of funds not properly billed or not reappropriated. The GRANTEE shall be allowed only two requests for reappropriation of the funds awarded in this Contract. Approval of such requests is not guaranteed. 10. RIGHTS A NS All rights and obligations of the parties to this Contract are subject to this Contract and its attachments including the following, which by this reference, are made a part of this Contract: ATTACHMENT A (GENERAL PROVISIONS) ATTACHMENT B (PROJECT SCOPE OF WORK) ATTACHMENT C (PURPOSE OF PROJECT) ATTACHMENT D (PROJECT BUDGET) ATTACHMENT E (SOURCE OF AVAILABLE FUNDS) ATTACHMENT F (CERTIFICATION OF AGREEMENTTO FOLLOW ALL LAWS) ATTACHMENT G (PROPERTY PARCEL NUMBER(S) AND LEGAL DESCRIPTION(S) Page 3 of 4 _-. ATTACHMENT H (LEASES, CON AND AGREEMENTS) 11. ENTIRE CONTRACT This Contract and all attachments contain all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract and attachments shall be deemed to exist orto bind any of the parties. 12. CONTRACT REPRESENTATIVES The GRANTEE'S representative shall be the contact person for all communications and billings regarding the performance of this Contract. The GRANTEE's representative shall be: Robert Desgrosellier, Senior Engineer, City of Yakima (DBA) Yakima VaIIey Trolleys, 129 N. Second Street, Yakima, VVA989Ol,S09-57S-G228,Bmb.DesgnoseUierPyakimmavva.gov The AGENCY's representative shall be the contact person for all communications and billings regarding the performance of this Contract. The AGENCY's representative shall be: Jennifer Kilmer, Executive Director, Washington State Historical Society, 1911 Pacific Avenue,Taconma,VVA984O3,353-798-59O9,]ennifer.ki|nmer@xvshs.vva.gov 13. SIGNATURES Jennifer Kilmer Cliff Moore Executive Director City Manager Washington State Historical Society City of Yakima (DBA) Yakima Valley Trolleys Federal Tax |D# Date: Date: PRE-APPROVED AS TO FORM BY THE STATE ASSISTANT ATTORNEY GENERAL AUGUST 6, 2015. Page 4 of 4 HCP 17-33 ATTACHMENT A GENERAL PROVISIONS TABLE OF CONTENTS A. HEADINGS AND DEFINITIONS Section 1. Headings Page 2 Section 2. Definitons Page 2 B. GENERAL CONTRACT TERMS Section 3. Order of Precedence Page 2 Section 4. Contract Modifications Page 3 Section 5. No Waiver Page 3 C. PERFORMANCE AND GENERAL RESPONSIBILITIES Section 6. Nonassignabihty Page 3 Section 7. Independent Capacity of Grantee Page 3 Section 8. Ownership of Project/Capita mprovements Page 4 Section 9. Hod Harmess Page 4 Section 10. Acknowedgement Page 4 Section 11. Ethics Compliance Page 4 Section 12. Public 4 COMPLIANCE WITH LAWS, RECORDS AND INSPECTIONS Section 13. Compliance with Applicable Law .Page 5 Section 14. Records, Reports and Audits..................................... Page 5 Section 15. Right of Entry Page 6 Section 16. Evaluation and Monitoring Page 6 Section 17. Hazardous Substances ........ Page 6 Section 18. Governor's Executive Order 05-05 ............. 6 Section 19. Prevailing Wage Law Page Section 20. Industrial Insurance Coverage Page 6 Section 21. Nondiscrimination Provision Page 7 E. FUNDING, REIMBURSMENT AND BUDGET Section 22. Reimbursement Page 7 Section 23. Recapture of Funds Section 24. Reduction in Funds Page 8 F. TERMINATION AND DISPUTES Section 25. Dispute Resoution 8 Section 26. Termination or Suspension for C Page 9 Section 27. Termination for Convenience 9 Section 28. Termination for Fraud or Misrepresentation 9 Section 29. Termination Procedures 10 Section 30. Governing Law and Venue .. ....o.o. . Page 10 Section 31 Severability 10 GE:NERAL P001100N1 Page 1 0110 . � A. HEADINGS AND DEFINITIONS 1. HEADINGS Headings used in this Contract are for reference purposes only and shall not be considered a substantive part of this Contract. 2. DEFINITIONS AGENCY —TheVVashinQtmn State Historical Society. Authorized Representative — The director and/or the designee authorized in writing to act on the director's behalf. Cash Match — The liquid financial contributions to a project from the GRANTEE organization or from other sources, which can include available money from grants from foundations, non-state governmental agencies, individuals, corporations, and others. ' Cost Share —Th�GRANTEE'sshareofth�tota|coutofth��r project. Includes costs that will be paid by either cash match or in-kind contributions to complete the project described inthe[ontrac±. Date of Authorization of the Grant — The date the Washington State Legislature initially appropriated funds for the project. GRANTEE — The applicant that has been awarded a grant of funds and is bound by this executed Contract, including any of the officers, employees, or agents lawfully representing the GRANTEE. Heritage Capital Project — The project for which the GRANTEE has been awarded a grant of funds and which meets RCW 27.34.330 and WAC 255-02 requirements. In —The contributions to a pr ject that are not part of the cash match. They may include contributions of materials and supplies, professional consultation, legal and accounting services, architectural design fees, volunteer time, and labor. Real Property Value — Fair market value of real property, when such property is acquired solely for the purpose of the project, asestab|ishedandevidencedbya current fair market appraisal performed by a qualified, professional real estate appraiser; a current property tax statement; or evidence of the purchase price paid by the GRANTEE. With AGENCY approval, GRANTEE may use real property value as a cash match contribution if the real property was acquired solely for the purpose of this pr ject. Total Cost of th The amount sought from the Heritage Capital P ject's Fund and the amount the applicant will provide as cost share. B. GENERAL CONTRACT TERMS 3. ORDER OF PRECEDENCE The items listed below are incorporated by reference herein In the event of an GE ■fr 2 ofI0 inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the foliowing order: 1. Applicable federal and Washington State statutes and regulations 2. State executive orders 3. Terms and conditions of this Contract 4. ATTACHMENT A (GENERAL PROVISIONS) 5. All attachments or material incorporated by reference 4. CONTRACT MODIFICATIONS a) This Contract may be modified by mutual agreemerit of the parties. Such modification shall not be binding unless in writing and signed by both parties prior to implementation of the modification. Any oral understanding or agreement not incorporated herein shall not be binding. b) Budget modification of not more than ten (10) percent of any line item and as described herein is excepted from this clause; but shall not increase the total amount available to the Grantee in this grant. c) Notwithstanding any other provision of this Contract, the GRANTEE may, at its discretion, make modifications not to exceed ten (10) percent of each line item in the Project Budget (Attachment B, hereto). The GRANTEE shall notify the AGENCY in writing prior to making any budget modification or combination of budget modifications that would exceed ten (10) percent of any budget line item. Budget modifications exceeding ten (10) percent of any line item constitutes a Contract Modification and must be approved by both parties in writing priorto implementation ofthe modification. 5. NO WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing signed by authorized representatives of the AGENCY and the GRANTEE. C. PERFORMANCE AND GENERAL RESPONSIBILITIES 6. NONASSIGNABILITY Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the GRANTEE, without advance written permission from the AGENCY. 7, INDEPENDENT CAPACITY OF GRANTEE The parties intend that an independent relationship will be created by this Contract. The GRANTEE and its employees or agents performing under this Contract are not employees or agents of the AGENCY. The GRANTEE and its employees or agents will not hold themselves out as nor claim to be officers or employees of the AGENCY or of the State of Washington by reason of this Contract GENERALPROV|�|ON�.P and will not make any claim, demand, or application to or for any right or privilege which would accrue to such employee under law. Conduct and control ofthe work will be solely with the GRANTEE. 8. OWNERSHIP OF PROJECT/CAPITAL FACILITIES The AGENCY makes no claim to any real property improved or constructed with funds awarded under this Contract and does not assert and will not acquire any ownership interest in or title to the capital facilities and/or equipment constructed or purchased with state funds under this Contract. This provision does not extend to claims that the AGENCY may bring against the GRANTEE in recapturing funds expended in violation ofthis Contract. 9. HOLD HARMLESS To the extent permitted by law, the GRANTEE shall defend, protect and hold harmless the State of Washington and the AGENCY, its employees, agents, officers, and assigns from and against all claims, suits, or actions arising from the GRANTEE's acts which are libelous or slanderous, which result in injury to persons or property, which violate a right of confidentiality, or which constitute an infringement of any copyright, patent, trademark, or tradename through use or reproduction of material of any kind. The GRANTEE shati be required to indemnify, defend, and hold harmless the State only to the extent claim is caused in whole or in part by negligent acts or omissions of the GRANTEE. The GRANTEE waives its immunity under Title 51 RCW (Industrial Insurance) to the extent required to indemnify, defend and hold harmless AGENCY, the state of Washington and agencies, officials, agents or employees of the state. 10. ACKNOWLEDGEMENT The GRANTEE shall announce in its publicity materials, on a posted sign during the project, and on a permanent marker that the State of Washington is a source and the Washington State Historical Society the administrator of these funds unless such requirement is modified or waived in writing by the AGENCY. 11. ETHICS COMPLIANCE The AGENCY may, by written notice to the GRANTEE, terminate this Contract if it is found after due notice and examination by the AGENCY that there is a violation of the Code of Ethics for Municipal Officers (Chapter 42.23 RCW) or any similar statute involving the GRANTEE in the procurement of, or performance under, this Contract. 12. PUBLIC DISCLOSURE/CONFIDENTIALITY a) The GRANTEE acknowledges that the AGENCY is subject to Chapter 42.56 RCW, the Public Records Act and that this Contract shall be a public record as defined in Chapter 4J.5OR[VV. Any specific information that is claimed by the GRANTEE to be confidential or proprietary must be clearly identified as such by the GRANTEE If a request is made to view the GRANTEE's information GEN�R�L PRDV0ONS 4 o[l0 marked as confidential, the Agency will notify the GRANTEE ofthe request and the date that such records will be released to the requester unless the GRANTEE obtains a court order enjoining that disclosure. If the GRANTEE fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. b) The GRANTEE shall not use or disclose any information concerning the AGEydCY, or information which may be classified as confidential for any purpose not directly connected with the administration of this Contract except (1) with prior written consent of the AGENCY, or (2) as may be required by law. D. COMPLIANCE WITH LAWS, RECORDS AND INSPECTIONS 13. COMPLIANCE WITH APPLICABLE LAW a) The GRANTEE agrees to be aware of, and comply with, all applicable and current federal, state, and local laws, regulations, and policies. The GRANTEE's confirmation of this requirement is contained in ATTACHMENT F (CERTIFICATION OF AGREEMENT TO FOLLOW ALL LAWS). AGENCY is not responsible for determining compliance. b) In the event of the GRANTEE's noncompliance or refusal to comply with any applicable law or policy, the Contract may be suspended or terminated in whole or in part, and the GRANTEE and the pr ject may be declared ineligible for further grant awards from the AGENCY. c) The GRANTEE further agrees to indemnify and hold harmless the AGENCY from all liability, damages and costs of any nature including but not limited to costs of suits and attorneys' fees assessed against Agency, as a result of the failure ofthe GRANTEE to 50 comply. 14. RECORDS, REPORTS and AUDITS a) The GRANTEE shall maintain books, records, documents and other evidence of accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the AGENCY, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or Contract. The GRANTEE will retain all books, records, documents, and other materials relevant to this Contract for six years after the fu|l termination or expiration of the Contract, which includes the 13 year holding period, and make them available for inspection by persons authorized under this provision. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. b) The GRANTEE shall comply with all auditing requirements, including audit requirements for the expenditure of more than $100,000 or more in total state funds in a fiscal year, if applicable. GE0EPALPRO ' ^ 15. RIGHT OF ENTRY The GRANTEE shall provide right of access of its facilities to the AGENCY, or to any of its officers, or to any other authorized agent or official of the state of Washington or the federal government at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Contract. 16. EVALUATION AND MONITORING a) The GRANTEE shall cooperate with and fully participate in any monitoring or evaluation activities conducted by the AGENCY that are relevant to compliance with this Contract, including providing initial and updated project plans for AGENCY review and approval and facilitating record production and periodic site inspections. b) The GRANTEE shall provide the AGENCY with digital images and narratives that depict the progress made on the pr ject. Such images will be used by the AGENCY to support reimbursement requests and to inform the public about the grant program on the web and elsewhere. Images and narratives shall be provided with each request for reimbursement. 17. HAZARDOUS SUBSTANCES The GRANTEE will defend, protect and hold harmless the AGENCY, and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorney's fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or release or threatened release of, hazardous substances, as defined in RCW 7O.1O5D.03OO,on the property covered by the Contract. 18. GOVERNOR'S EXECUTIVE ORDER 05 The GRANTEE shall comply with Governor's Executive Order 05-05. In the event that historical or cultural artifacts are discovered at the project site during construction, the GRANTEE shall immediately stop construction and notify the local historical preservation officer and the state historical preservation officer at the Washington State Department of Archaeology and Historic Preservation. 19. PREVAILING WAGE LAW The project funded under this Contract may be subject to state Prevailing Wage law (Chapter 39.12 RCW). The GRANTEE is advised to consult with the Industrial Statistician at the Washington State Department of Labor and Industries to determine whether prevailing wages must be paid. The AGENCY is not responsible for determining whether prevailing wage applies to this project or for any prevailing wage payments that may be required by law. 30. INDUSTRIAL INSURANCE COVERAGE The GRANTEE shall comply with all applicable provisions of Title 51 RON (Industrial Insurance) GENERi 6 J11 ° ~~ 21. NONDISCRIMINATION PROVISION a. During the performance of this Contract, the GRANTEE shall abide by all applicable federal and state nondiscrimination laws and regulations, including, but not limited to Chapter 49.60 RCW (Washington's Law Against Discrimination) and 42 U.S.C. 13101 et. seq. (The Americans with Disabilities Act [ADM). a) In the event of the GRANTEE'S noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this Contract may be suspended or terminated in whole or in part, and the GRANTEE may be declared ineligible for further Contracts with the AGENCY. The GRANTEE shall, however, be given a reasonable time in which to remedy any such noncompliance. Any dispute may be resolved in accordance with the "Dispute Reso|ution" procedure set forth in Section 25 of this Contract Attachment. E. FUNDING, REIMBURSEMENT AND BUDGET 22. REIMBURSEMENT a) Payments to the GRANTEE shall be made on a reimbursement basis only, for eligible costs incurred, using forms provided by the AGENCY. Reimbursement shall be allowed for (1) actual costs incurred and paid or (2) actual costs incurred and payable within a minimum of thirty (30) days from the date the reimbursement is requested. No advance payments shall be made to the GRANTEE. Purchases of goods will be reimbursed upon receipt, and services will be reimbursed upon completion ofthe work. b) Each request for reimbursement shall include a state voucher form and digital images and a narrative report describing the work completed and the status ofthe project. The rainnbursemnent request shall not include any costs already reimbursed by or charged against any other grant or other source. The voucher must be certified by an official of the GRANTEE with authority to bind the GRANTEE. c) After receiving and approving the voucher and accompanying information, the AGENCY shall promptly remit a warrant to the GRANTEE. The obligation ofthe AGENCY to pay any amount(s) under this Contract is expressly conditioned upon compliance with the terms of this Contract by the GRANTEE. d) The expenditure of state funds shall not exceed the intended state share of the total cost of the project at any time, and shall be consistent with the Legislative appropriation. e) The final request for reimbursement under this Contract shall be submitted by the GRANTEE to the AGENCY within fifteen (15) days foliowing the completion of the work or other termination of the Contract and be accompanied by a final narrative report and digital images of the completed pr ject. GLQ[RALP Pa,4e7oflD 23. RECAPTURE OF FUNDS In the event that the GRANTEE fails to expend state funds in accordance with state law and/or the provisions of this Contract, the AGENCY reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance. Repayment by the GRANTEE of state funds under this recapture provision shall occur within thirty (30) days of demand. In the event that the AGENCY is required to institute proceedings to enforce this recapture provision, the AGENCY shall be entitled to its cost thereof, including reasonable attorneys' fees. 24. REDUCTION IN FUNDS In the event state funds appropriated for the work contemplated under this Contract are withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during the Contract period, AGENCY may suspend or terminate the Contract under the Termination for Convenience clause without advance notice, subject to renegotiation at the AGENCY's discretion, under those new funding Iimitations and conditions. F. TERMINATION AND DISPUTES 25. DISPUTE RESOLUTION a) The parties shall make every effort to resolve disputes arising out of or relating to this Contract through negotiation. b) Except as otherwise provided in this Contract, when a dispute arises between the pa ies and it cannot be resolved by direct negotiation, either party may request a dispute hearing according to the process set out in this Section. Either party's request for dispute hearing must be in writing and clearly state: 1. The disputed issue(s); 2. The relative positions of the parties; 3. The GRANTEE's name, address and pr ject title. c) In order for this Section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this Section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person selected by the GRANTEE, one person selected by the AGENCY, and a third person chosen by the two persons initially appointed. d) Any hearing under this Section shall be informal, with the specific processes to be determined by the dispute panel according to the nature and complexity of the issues involved. The process may be solely based upon written material if the parties so agree. The dispute panel shall be governed by the provisions of this Contract in deciding the dispute(s). e) The parties shall be bound by the decision of the dispute panel, unless the remedy directed by that panel shall be without the authority of either or both parties to perform, as necessary, or 5 otherwise unlawful, G[�ERALPROV|�0NS P a @ e 0of10 . .�� f) Request for a dispute hearing under this Section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party that it wishes to dispute. The written agreement to use the process under this Section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. g) All costs associated with implementation of this process shall be shared equally bythe parties. 26. TERMINATION OR SUSPENSION FOR CAUSE a) In the event the Agency determines the GRANTEE has failed to comply with the conditions of this Contract in a timely manner, the AGENCY has the right to suspend or terminate the Contract. Before suspending or terminating the Contract, the AGENCY shall notify the GRANTEE in writing of the need to take corrective action. If corrective action is not taken within 30 days of receiving notice, the Contract may be terminated or suspended. b) In the event of termination or suspension for cause, the AGENCY may require the GRANTEE to repay any portion of the state funds paid to the GRANTEE prior to termination. c) The AGENCY may enforce this Contract by the remedy of specific performance, which usually will mean completion of the project as described in this Contract. However, the remedy of specific performance shall not be the sole or exclusive remedy available to the AGENCY. No remedy available to the AGENCY shall be deemed exclusive. The AGENCY may elect to exercise any combination, or all of the remedies available to it under this Contract, or under any provision of law, common law, or equity. 27. TERMINATION FOR CONVENIENCE a) Notwithstanding any provisions of this Contract, either party may terminate this Contract by providing the other party with written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. b) In the event this Contract is terminated, the GRANTEE shall be reimbursed for eligible expenses incurred prior to the effective date of such termination and not otherwise paid for by the AGENCY, as the AGENCY reasonably determines. 28. TERMINATION FOR FRAUD OR MISREPRESENTATION In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the grant application orduringthe performance of this Contract, the AGENCY reserves the right to terminate or amend this Contract accordingly, including the right to recapture all funds disbursed to the GRANTEE under the grant GE hERA #OW3 )f it) 29. TERMINATION PROCEDURES a) After receipt of a notice of termination, except as otherwise directed by the AGENCY, the GRANTEE shall: b) Stop work under the Contract on the date, and to the extent specified, in the notice; c) Place no further orders or subgrants for materials, services or facilities related to the Contract; d) Preserve and transfer any materials, Contract deliverables and/or AGENCY property in the GRANTEE's possession as directed by the AGENCY. e) Upon termination ofthe Contract, the AGENCY shall pay the GRANTEE for any service provided by the GRANTEE under the Contract prior to the date of termination. The AGENCY may withhold any amount due as the AGENCY reasonably determines is necessary to protect the AGENCY against potential loss or liability resulting from the termination. The AGENCY shall pay any withheld amount to the GRANTEE if the AGENCY later determines that loss or liability will not occur. f) The rights and remedies of the AGENCY under this Section are in addition to any other rights and remedies provided under this Contract or otherwise provided under Iaw. 30. GOVERNING LAW AND VENUE This Contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Contract shall be the Superior Court of Thurston County, Washington. The GRANTEE, by execution of this Contract acknowledges the jurisdiction of the courts of the State of Washington. 31. SEVERABILITY If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of the Contract which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Contract, and to this end the provisions of this Contract are declared to be severable. GENERAL PROVISIONS - Page 10 of 10 ~ ' HCP 17-33 ATTACH E NT B PROJECT SCOPE OF WORK PROJECT SCOPE OF WORK NARRATIVE The Yakima Valley Trolleys' Capital Improvement Project involves restoration of Yakima Valley Trolleys' 1911 Powerhouse Museum, 1910 Car Barn Museum, the facility's grounds and the Selah trolley line.. Preservation of this 106 year old vintage electric railroad will showcase an important part of Yakima's heritage while stimulating tourism and increasing local quality of life. This is a stand-alone restoration project intended to improve YVT's financial condition through improved revenues from operations. An inspection of the entire facility by YVT volunteers and representatives from DAHP, and a previous restoration feasibility study identified areas that needed improvement. When the city of Yakima moves forward on its five year plan to extend trolley service to the downtown core, a new feasibility study will be funded to support a large multi-phased construction project. Upon contract execution and funding availability, the proposed grant project will be completed in less than four months. Because of the nature of this project, the grantee does not anticipate any legal, planning, permitting, review processes, public debates or any other factors that would change the timelines of this pr 'ect. In the event that the described work is completed and grant funding remains, the balance would be applied towards exterior stucco repairs. PROJECT SCOPE OF WORK BY ARCHITECTURAL DIVISIONS Division 3 CONCRETE Replacement of sidewalk areas that are within the site boundary, various concrete repairs Division 6 WOOD, PLASTICS AND COMPOSITES Custom wood floor replacement in Car Barn. Division 8 OPENINGS Repair and restore existing Powerhouse doors and windows. Division 9 FINISHES Powerhouse interior and exterior painting. Division 10 SPECIALTIES Permanent interpretive signage and displays in both structures Division 22 PLUMBING New main Car Barn waterline PROJECT SCOPE OF WORK Page l of 3 Division 23 HEATING VENTILATING AND AIR CONDITIONING (HVAC) New Powerhouse gas service, heat & A/C equipment, minimal ducting Division 26 ELECTRICAL Powerhouse conduit and fixtures Division 32 EXTERIOR IMPROVEMENTS Site work including parking lot paving and softscape (vegetation and soils) CERTIFICATION The GRANTEE, by its signature, certifies that the Project Scope of Work set forth above has been reviewed and approved by the GRANTEE's governing body or board of directors, as applicable, as of the date written below. The GRANTEE shall make all plans and documents funded in whole or in part by this contract available to the AGENCY upon reasonable request. GRANTEE TITLE DATE PROJECT SCOPE OF WORK - Page 2 of 2 HCP 17-33 ATTACHMENT PROJECT PURPOSE A current Five Year Plan to stimulate Yakima's downtown core proposes a public market, a downtown plaza and the restoration of downtown vintage trolley service in order to increase tourism and local quality of life. Yakima Valley Trolleys is a one of a kind destination tourist attraction, and the completion of the Yakima Valley Trolleys' Capital Improvement Project will help bring Yakima's economic development plans to fruition. The long term goal is to expand trolley service to Yokirna's downtown core which would increase access to the downtown core, Yakinna's Historic District, Yakima's convention center and area hotels. Paint, restored doors and windows in the Powerhouse, and water available in the Car Barn will help preserve these historic structures. Much of the project is directed toward making the museum and trolley ride experience "customer friendly". A paved parking lot, landscaping, sidewalks and benches will enhance the entire facility. A new main water line into the Car Barn will allow us to restore volunteer bathroom facilities that have been out of order for over 15 years. The improved facility along with restoration of a portion of the Selah Trolley line impacted by a rock slide will improve and increase public access for special occasions in the Powerhouse Museum, trolley rides, and chartering of trolleys. This project will create an environment conducive to hosting special occasions, and each will include an informative tour of Yakima Valley Trolleys along with experiencing a vintage (1928) trolley ride. Interpretive signage and displays in both museum structures will be designed and constructed to educate visitors regarding the history of the trolleys and the important piece of living heritage they represent. Volunteer trolley motormen and museum tour guides will continue to provide visitors with historical information and portray how it relates to our heritage. CERTIFICATION The GRANTEE, by its signature, certifies that the express purpose of the grant as described in the Project Purpose set forth above has been reviewed and approved by the GRANTEE's governing body or board of directors, as applicable, as of the date written below. GRANTEE TITLE DATE PROJECT PURPOSE Page 1 of 1 HCP 17 -33 ATTACHMENT D PROJECT BUDGET Cost Category Grantee Cost Share HCPF Totals Cash Match In -kind Grant Funds (1) Construction/Rehabilitation 20,766.00 7,020.00: 22,979.00 50,765.00 Site work, including Selah line restoration) 64,214.00 18,879.73 = 83,093.73 Landscaping Construction management 8,000.00 3,500.00 11,500.00 (2) Purchase, restoration, preservation of fixed assets (3) Acquisition: unimproved prop (4) Site acquisition, protection, stabilization, development (5) Physical improvement of interior facility spaces Permanent exhibits 3,070.00 3,070.00 (6) Design, architectural, and engineering (7) Purchase of equipment____ HCPF Administration — 3% Inellglb(d Ineligible 1,497.80 1,497.80 m COST SHARE SUBTOTALS 92,980.00 7,020.00' GRANTEE/ HCPF TOTALS 100,000.00 49,926.53 149,926.53 OF TOTAL 67.9 % 32.1 % 100% CERTIFICATION The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and approved by the GRANTEE's governing body or board of directors, as applicable, as of the date written below, and that the total GRANTEE cost share required for the project shall be received and expended by June 30, 2017. GRANTEE TITLE DATE PROJECT BUDGET- Page 1 of 1 HCP 17-33 ATTACHMENT E SOURCE OF AVAILABLE FUNDS TYPE OF FUNDS AMOUNT GRANTEE's FUNDS — Cash Match: City of Yakima Funds $92,980.00 GRANTEE's FUNDS — In Contributions: Cascade Natural Gas 1,542.00 Akland Pump & Irrigation 5,478.00 TOTAL GRANTEE FUNDS — Grantee Cost Share: 100,000.00 TOTAL HCP FUNDS —Total Legislative Appropriation: 49,926.53 GRAND TOTAL PROJECT FUNDS 149,926.53 CERTIFICATION The GRANTEE, by its signature, certifies that the project funding set forth above in the Source of Available Funds has been reviewed and approved by the GRANTEE's governing body or board of directors, as applicable, as of the date written below. At least 75% of the GRANTEE's funds shall have been expended for eligible project expenses, or shall be committed in writing and available, and will remain committed and available solely and specifically for carrying out the project as described elsewhere in this contract. Up to 25% of the GRANTEE's funds may be projected to be received by June 30, 2017. The GRANTEE shall maintain records sufficient to evidence that it has expended or has access to the committed funds, and shall make such records available for the AGENCY's review upon request. GRANTEE TITLE DATE SOURCE OF AVAILABLE FUNDS Page 1 of 1 HCP 17-33 ATTACHMENT F CERTIFICATION OF AGREEMENT TO FOLLOW ALL LAWS The GRANTEE, by its signature, certifies that it shall be aware of and comply with all applicable and current federal, state, and local laws, regulations, policies, as now or hereinafter amended including, but not Iimited to those related to: • Hazardous Substances - RCW 70.105D.0200 • Governor's Executive Order 05-05 • Prevailing Wage Law - RCW 39.12 • Industrial Insurance - RCW 51 • Nondiscrimination - RCW 49.60 • Americans with Disabilities Act - 42.U.S.C. 12101 et.esq. • High Performance Public Buildings (LEED) - RCW 39.35D GRANTEE TITLE DATE CERTIFICATION OF AGREEMENT TO FOLLOW ALL LAWS Page 1 of 1 HCP 17-33 ATTACHMENT G PROPERTY PARCEL NUMBER(S) AND LEGAL DESCRIPTION(S) Address: 306 W. Pine Street, Yakima, WA 98902 County: Yakima Historic Designation (if applicable): National Register of Historic Places as "Yakima Valley Transportation Co." Washington State Legislative District #: 14 GPS Coordinates: 1637772 E 460158 N 120 30 37.9 W 46 35 42.7 N Parcel Number: 181324-44465 Legal Description: LUND'S ADD TO NORTH YAKIMA: PT BLK 255 & VAC ALLEY & VAC ST DESC AS FOL: BEG NE COR SD BLK 255, TH S 71 W 187 FT, TH S 18' E 177 FT, TH N 63 E 51 FT, TH S 30 E 59.5 FT, TH S 18"37'15" E 153.76 FT TH N 71"23' 15" E 138.45 FT TO E LN OF SD BLK 255, TH N 18" 37'15" W AL SD E LN TO POB CERTIFICATION The GRANTEE, by its signature, certifies that the property parcel number(s) and legal description(s) set forth above have been reviewed and approved by the GRANTEE's governing body or board of directors, as applicable, as of the date written below. GRANTEE TITLE DATE PROPERTY PARCEL NUMBER(S) AND LEGAL DESCRIPTION(S) Page 1 of 1 HCP 17-33 ATTACHMENT H LEASES, CONTRACTS AND AGREEMENTS Document Title Parties Date of Execution ' Recorded in: City of Yakima and Statutory Warranty Central Washington 1-18-2008 Yakima County Deed Comprehensive Mental Health City of Yakima Option to Purchase, and City of Yakima Central Washington 9-29-2003 Yakima County Contract No, 2003-88 Comprehensive Addendum Mental Health CERTIFICATION The GRANTEE, by its signature, certifies that the leases, contracts and agreements as described in the grant application and defined above (Document Title, Parties, Date of Execution and Date of Expiration) have been reviewed and approved by the GRANTEE's governing body or board of directors, as applicable, as of the date written below. The GRANTEE shall provide the AGENCY with notice of any and all modifications to these leases, contracts and agreements made during the Contract Period of Performance or during the thirteen years following GRANTEE's completion of the project. GRANTEE TITLE DATE LEASES, CONTRACTS AND AGREEMENTS - Page 1 of 1