HomeMy WebLinkAboutR-2006-065 Washington Wildlife & Recreation (WWRP) / Interagency Committee for Outdoor Recreation Funding Assistance ApplicationRESOLUTION NO. R-2006-65
A RESOLUTION authorizing submission of an application for funding assistance for a
Washington Wildlife and Recreation (WWRP) project to the Interagency
Committee for Outdoor Recreation (IAC) as provided in Chapter 79A.15
RCW, Outdoor Recreation Lands, for the Heritage Trails Program:
Greenway, Cowiche Canyon, and William O. Douglas Pathway
Connections.
WHEREAS, the City of Yakima has approved a comprehensive plan that includes this
project area; and
WHEREAS, under the provisions of WWRP, state funding assistance is requested to
aid in financing the cost of land acquisition and/or facility development; and
WHEREAS, our organization considers it in the best public interest to complete the land
acquisition and/or facility development project described in the application; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The City Manager is hereby authorized to make formal application to IAC for funding
assistance and to take all necessary and prudent steps to accomplish the purposes
of this application;
2. Any fund assistance received be used for implementation of the project referenced
above;
3. Our organization hereby certifies that its share of project funding is committed and
will be derived from Transportation Enhancement Program resources;
4. We acknowledge that any property acquired or facility developed with IAC financial
aid must be placed in use as an outdoor recreation facility and be retained in such
use in perpetuity unless otherwise provided and agreed to by the City of Yakima and
IAC (generally, IAC approves removing facilities from the perpetuity requirement
when the facilities have reached their designed life expectancy, or because of
extraordinary vandalism, acts of nature, fire, etc.);
5. This resolution becomes part of a formal application to IAC; and
6. We provided appropriate opportunity for public comment on this application.
ADOPTED BY THE CITY COUNCIL this 18th day of
ATTEST:
City Clerk
it
2006.
/
A /
David Edler, Mayor
CITY OF YAKIMA AND YAKIMA COUNTY INTERLOCAL
AGREEMENT FOR RIGHT-OF-WAY ACQUISITION SERVICES
THIS AGREEMENT is entered into between Yakima County, Washington (hereinafter
the "County") through its Public Services Department, whose address is 128 North 2nd Street,
4th Floor Courthouse, Yakima, Washington 98901, and the City of Yakima (hereinafter the
"City"), whose address is 129 North 2nd Street, Yakima, Washington 98901, pursuant to RCW
39.34.080.
WHEREAS, the Washington Recreation and Conservation Funding Board (RCFB) has
allocated funds to the City for the William O. Douglas Trail Connections and the Regional
Transportation Planning Organization (RTPO) has allocated funds to the City for the Heritage
Trails and the William O. Douglas Trail (hereinafter the "projects"); and,
WHEREAS, the City desires to utilize said funds in addition to City funds to undertake
the projects; and,
WHEREAS, the expenditure of said funds requires that the projects be designed and
administered in accordance with the Washington State Department of Transportation
("WSDOT") Local Agency Guidelines, including acquisition of right-of-way by a WSDOT
authorized agency; and,
WHEREAS, the City has not sufficiently qualified employees to acquire right-of-way on
federal aid projects; and,
WHEREAS, the County is presently staffed and authorized by WSDOT to acquire right-
of-way on federal aid projects; and,
WHEREAS, the completion of the projects is a benefit to the regional recreation and
conservation system;
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
1. Purpose. The purpose of this Agreement is to define the scope of services contracted by
the City and the County, set forth the compensation paid for such services and enumerate other
related provisions that contribute to the mutual benefit of the parties to this Agreement.
2. Duration of Agreement. This Agreement shall become effective on the date of signing by
the City and the County, as well as filing in accord with Section 16, and shall continue until
terminated by either party in accordance with Section 11 of this Agreement.
Page 1 of 4
3. Obligations of the Parties.
A. The County will:
a) Administer and acquire specified parcels for the projects for the City in
accordance with the Washington State Department of Transportation Local
Agency Guidelines.
b) Submit payment authorization sheets to the City for payment by the City of
Yakima.
B. The City will:
a) Prepare all of the project plans, specifications and legal descriptions in
accordance with the Local Agency Guidelines.
b) Provide all legal representation, including eminent domain proceedings, as
necessary.
c) Authorize "Administrative Settlements" as set out in the County's
"Right -of -Way Property Acquisition Procedures" as approved by the Board of
Yakima County Commissioners, Resolution No. 19-2005.
d) Reimburse the County for services provided by the County on a time and
materials basis when billed with invoices from the County.
C. This Interlocal Agreement shall be in full force and effect when executed by the City
and the County.
4. Administration. This Agreement shall be administered by the City Engineer and the
County's Director of Public Services.
5. No Third Party Rights. This Agreement is entered into for the sole benefit of the City
and the County. It shall confer no benefits or rights, direct or indirect, on any third parties. No
person or entity other than the City and the County may rely upon or enforce any provision of
this Agreement.
6. Indemnification and Hold Harmless.
a. Each party hereto agrees to be responsible and assume liability in the performance
of this Agreement for its own wrongful and/or negligent acts or omissions, and those of its
officers, agents, or employees to the fullest extent allowed by law.
b. The provisions of this Section shall survive the termination or expiration of this
Agreement.
c. Nothing contained in this Section or this Agreement shall create a liability or a
right of indemnification in any third party.
Page 2 of 4
7. Integration. This Agreement contains all of the terms and conditions agreed on by the
parties. No other understandings, oral or otherwise, regarding the subject matter of this
Agreement, are deemed to exist or to bind either of the parties.
8. Modifications. The parties may modify this Agreement but no proposed changes or
modifications shall have validity or become binding on either party unless such changes or
modifications are in writing and executed by both parties.
9. Severability.
a. If a court of competent jurisdiction holds any part, term or provision of this
Agreement illegal, or invalid in whole or in part, the validity of the remaining provisions shall
not be affected, and the parties' rights and obligations shall be construed and enforced as if the
Agreement did not contain the particular provision held invalid.
b. If any provision of this Agreement is in direct conflict with any statutory
provision of the State of Washington, that provision which may conflict shall be deemed
inoperative and null and void insofar as it may conflict, and shall be deemed modified to
conform to such statutory provision.
10. Waiver. The waiver by either party of any term or condition of this Agreement shall not
operate in any way as a waiver of any other condition, obligation or term or prevent either party
from enforcing such provision.
11. Termination. The parties may terminate this Agreement, with or without cause, by
written notice from either party to the other party thirty (30) days in advance of the termination.
In the event of termination, the amount of compensation shall be for services rendered through
the termination date.
12. Survival. Any provision of this Agreement which imposes an obligation after expiration
or termination of this Agreement shall survive the expiration or termination and shall bind the
parties.
13. Notices. Unless otherwise stated herein, all notices and demands are required in written
form and sent to the parties at their addresses as follows:
TO CITY OF YAKIMA:
R. A. Zais, Jr., City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
TO YAKIMA COUNTY:
Ronald F. Gamache
County Commissioner, Chairman
128 North Second Street
Yakima, WA 98901
Page 3 of 4
14. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
15. Compliance with Law. All Parties to this Agreement shall comply with all applicable
federal, state and local laws, rules and regulations in carrying out the terms and conditions of this
Agreement.
16. Filing. Copies of this Agreement shall be filed with the Yakima County Auditor,
pursuant to RCW 39.34.040, and with the City Clerk of Yakima.
Dated this 18`" day of November, 2008.
CITY OF YAKIMA
R.A. Zais, Jr., City Manager
1/— Zf-og
Date
Attest: Deborah Moore
CITY CONTRAC f NO 1-20 v $ lerw
RESOLUTION NO: R ;e00 6 'kr.
Page 4 of 4
BOARD OF YAKIMA COUNTY
COMMISSIONERS
Ronald F. Gamache, Chairman
RElliott, Commissioner
VV
Mic ael D. Leita, Commissioner
ATTEST: Christina Steiner
Clerk of the Board
Appr• - I as to fo
Deputy Pg
secuting Attgr A c00„,,,
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• .C;a'<s"
siva S. Steiner
Clerk of the Board
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1005
CONTRACTS
Contract Title
City of Yakima and Yakima County Interlocal Agreement for Right -of -Way Acquisition Services
Contracting Party
Yakima County
Purpose
Utilize County employees to acquire right of way on federal aid projects - Wm. O. Douglas
Trail
Originating Division
Engineering
Staff Liaison
Doug Mayo
Amendments
Effective Date
11/21/2008
Eff. Date Explanation
Expiration Date
Exp. Date Explanation
Until terminated
Dollar Amount
Dollar Amt Explanation
Reimburse on time and material basis
Contract ID
2008-128
Resolution ID
R-2006-65
Insurance (yes/no)
Insurance Expires
Insurance Name
File Location No.
C 08 121
Archive Info
Comments
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8
For Meeting Of April 18, 2006
ITEM TITLE: Resolutions authorizing: (A) Acceptance of transportation enhancement
grants funding William O. Douglas Heritage Trail and restoration of Yakima Valley
Transportation Company historic trolley barn and Naches River Bridge and authorizing
execution of prospectus and local agency agreement for each grant; and (B) Joint City -County
application for grant from Interagency Committee for Outdoor Recreation (IAC) for the
Heritage Trails Program: Greenway, Cowiche Canyon, and William O. Douglas Pathway
Connections.
SUBMITTED BY: Raymond L. Paolella, City Attorney
Bill Cook, Director of Community & Economic Development
CONTACT PERSON/TELEPHONE: Raymond L. Paolella, City Attorney (575-6030)
SUMMARY EXPLANATION:
On March 8, 2006, the Washington State Department of Transportation (WSDOT) awarded
the City two grants under its Transportation Enhancement Program. One grant approved
$499,890 under the statewide significant grant category for the Heritage Trails Program,
including the William O. Douglas, Cowlitz & Upper Nisqually trails. A second grant under the
Yakima Valley Conference of Governments review process approved $495,592 for restoration
of the City's historic trolley barn and Naches River trolley bridge (see attached grant
documents). WSDOT requires successful applicants to complete a "Local Agency Federal Aid
Project Prospectus" and a "Local Agency Agreement" for each grant, copies of which are
attached.
These transportation enhancement grants will enable the City to purchase and improve the
historic Yakima Electric Railway Museum facilities located at 309 W. Pine St., make significant
enhancements to this system, an adjacent city pathway, and connections between existing
recreational pathway systems. Moreover, the William O. Douglas Trail Foundation, a non-
profit organization, has received a separate $327,000 enhancement grant to enable
pedestrian/bicycle use along North 6th Avenue and the Naches River Trolley Bridge.
Significantly, these transportation enhancement grants can be used to satisfy the 50% match
required for grants under the IAC's Washington Wildlife and Recreation Program (WWRP).
These WWRP funds would help acquire right-of-way/land connections (and supply the
"missing links") for the existing segments of publicly accessible pathways that now compose
the route of the William O. Douglas Trail. Some of these connections are within the City limits
and some are within Yakima County (see maps attached). The City Council has supported
the County's prior funding request to Congress for the Cowiche Canyon Road/William O.
Douglas Trail. It is anticipated that the City and County would make a joint application for
approximately $730,000 in WWRP grant funds.
Resolution X Ordinance Other (Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: City Manager
BOARD OF YAKIMA COUNTY COMMISSIONERS
* District One
Michael D. Leita
November 14, 2005
* District Two
Ronald F. Gamache
Transportation Enhancement Program
WSDOT Highways & Local Programs
310 Maple Park Ave SE
PO Box 47390
Olympia, WA 98504-7390
* District Three
Jesse S. Palacios
Re: Transportation Enhancement Grant Application — Connecting
Washington through Heritage Trails: Telling the Stories of the
William O. Douglas, Cowlitz, and Upper Nisqually Trails
Dear Transportation Enhancement Committee:
On behalf of the Yakima County Commission, I'd like to express the
County's support of the City of Yakima's application to develop the heritage
trails project. We consider the William O. Douglas Trail (which spans across
a large portion of the County) as one of our community's greatest cultural,
natural, and recreational assets. About 90% of the William O. Douglas Trail
currently exists as connected public pathways, trails, rights of way, and
historic routes.
Yakima County is the second largest of Washington's 39 counties. Due to its
location in the south central portion of the state, the County is accessible to
those from the Puget Sound Region, Spokane, and the Tri -Cities. Yakima
County has just issued a draft Comprehensive Economic and Development
Strategy where Tourism was identified as one of seven important elements
of the strategic plan. Visitors traveling to and through Yakima County are an
important component of the local economy.
128 North Second Street Yakima, Washington 98901 a 509-574-1500 e FAX: 509-574-1501
According to a 2002 impact study, tourism generates approximately $227
million in economic activity each year in Yakima County. Over 3,000 jobs
within the region are supported directly or indirectly by the travel industry.
In addition to wineries, sporting events, agriculture, cultural activities,
meetings and conventions, outdoor recreation is one of the key activities and
destinations for visitors.
As part of the visioning process ("For a Better Tomorrow"), Yakima Valley
residents identified five -to -ten year strategies including: 1) promote the
appreciation and protection of the assets and beauty of our area, including
historic sites; and 2) implement a comprehensive recreation and parks
master plan that encourages resident and tourist activities. The heritage trail
project as proposed by the City of Yakima fits in well with promoting
Yakima County's economic development strategies by serving as a desirable
attraction that combines the outdoors with heritage education. The City's
partnership with the Cowlitz Tribe and Pierce County Parks and Recreation
to connect three trail systems will greatly enhance the overall traveling
experience.
We hope to see the grant application funded fully as the project will greatly
benefit the region.
Sincerely,
Michael D. Leita
Yakima County Commissioner
District 1
BOARD OF YAKIMA COUNTY COMMISSIONERS
* District One
Michael D. Leita
* District Two
Ronald F. Gamache
February 28, 2006
The Honorable Patty Murray
United States Senate
173 Russell Senate Office Building
Washington, D.C. 20510
RE: Cowiche Canyon/William O. Douglas Trail
and Trailhead Access Project
Dear Senator Murray:
* District Three
Jesse S. Palacios
Yakima County, the City of Yakima, and the undersigned partners respectfully seek your
consideration of a request for federal funds in Fiscal Year 2007 for the Cowiche
Canyon/William O. Douglas Trail and Trailhead Access Project.
The William O. Douglas Trail is a statewide -significant heritage trail that connects the City of
Yakima to Mt. Rainier. It is a multi -modal recreational system that recognizes the State's
cultural heritage, diverse natural landscape, and scenic beauty. The William O. Douglas
Heritage Trail tells the story of the significant role of historic paths in our State's cultural
heritage and how these trails have linkages that are important to this day.
Washington Secretary of Transportation Doug MacDonald recently approved a transportation
enhancement grant application entitled "Connecting Washington Through Heritage Trails:
Telling the Stories of the William O. Douglas, Cowlitz, and Upper Nisqually Trails." These
enhancement funds will be used for historical/cultural interpretation, restoration, and right-of-
way acquisition along the William O. Douglas Trail corridor in Yakima, Pierce, and Lewis
Counties. The Cowiche Canyon area represents a critical two-mile "missing link" in the 75 -
mile William O. Douglas Heritage Trail corridor. While right-of-way acquisition is mostly
funded through the enhancement grant, additional funds are needed for the construction of a
two-mile recreational pathway, trailhead parking area, and road access improvements along
Cowiche Canyon Road.
Yakima County is seeking $600,000 in federal transportation funds to construct this project in
Fiscal Year 2007.
Yakima County, the City of Yakima, and the undersigned non-profit partners appreciate your
consideration of the request for Fiscal Year 2007 appropriated funds for this statewide -
significant proj ect.
128 North Second Street . Yakima, Washington 98901 509-574-1500 FAX: 509-574-1501
The Honorable Patty Murray
February 21, 2006
Page 2
Sincerely,
BOARD OF YAKIMA COUNTY COMMISSIONERS
esse Palacios, Chairman
YAKIMA CITY COUNCIL
avid Edler, ayor
YAKIMA GREENWAY FOUNDATION
Al Brown, Executive Director
COWICHE CANYON CONSERVANCY
(7\11/41,..
ihtit,1 AIWA"—
Thomas Coleman, President
WILLIAM O. DOUGLAS TRAIL FOUNDATION
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Mar Flak , Vice President
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Pathway to Greenway Interconnect/William 0. Douglas Trail
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Yakima Valley Transportation
Company Electric Railway
Resource
— Proposed 6th Avenue Pathway
Proposed Bicycle/Pedestrain Pathway
on the Naches River Bridge
Yakima Greenway
William 0. Douglas Trail Linkages
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William 0. Douglas Trail Linkages
WWRP TRAILS PROGRAM
Right-of-Way/Conservation Easements for Pathway Connections
A. William 0. Douglas Hill Climb/Naches River Trolley Bridge Connection
• N 1/2 SW 1/4 of Sec. 12, T 13 N, R 18 E.W.M.
• S 1/2 NW 1/4 of Sec. 12, T 13 N, R 18 E.W.M.
B. Greenway/40th Avenue/Powerhouse Road Pathway Connection
• NW 1/4 NE 1/4 of Sec. 15, T 13 N, R 18 E.W.M.
• N 1/2 NW 1/4 of Sec. 15, T 13 N, R 18 E.W.M.
C. Powerhouse Road/Painted Rocks Connection
• SE 1/4 SE 1/4 of Sec. 9, T 13 N, R 18 E.W.M.
• W1/2 SE 1/4 of Sec 9, T 13 N, R 18 E.W.M.
D. Cowiche Canyon Pathway
• NW 1/4 SE 1/4 of Sec. 9, T 13 N, R 18 E.W.M.
• E1/2 SW 1/4 of Sec. 9, T 13 N, R 18 E.W.M.
• NE 1/4 NW 1/4 of Sec. 16, T 13 N, R 18 E.W.M.
• W 1/2 NW 1/4 of Sec. 16, T 13 N, R 18 E.W.M.
• N1/2N 1/2 of Sec. 17, T 13 N, R 18 E.W.M.
• SW 1/4 SW 1/4 of Sec. 8,T 13 N, R 18 E.W.M.
E. Summitview Road/William 0. Douglas Trail Crossing
• S 1/2 N 1/2 of Sec. 13, T 13 N, R 17 E.W.M.
• SE 1/4 of Sec.11,T13N,R17E.W.M.
• S%2SW1/4ofSec. 11, T 13 N, R 17 E.W.M.
• N1/2 NW 1/4ofSec. 14,T 13N,R 17 E.W.M.
• N 1/2 NE 1/4 of Sec. 15, T 13 N, R 17 E.W.M.
• S 1/2 SE 1/4 of Sec. 10, T 13 N, R 17 E.W.M.