HomeMy WebLinkAbout10/18/2016 06J Yakima Valley Trolley Capitol Improvement Project; State of Washington Heritage Capitol Projects Grant Agreement J
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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