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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„,,, • •Cr) • .C;a'<s" siva S. Steiner Clerk of the Board )1/1g LN 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 ,/ Mar Flak , Vice President • jr Neches River Bridge VZ.e;m1-r4irt.riLIO.Z2-iiistrL , It Y • 11:4 *vs 9 A lion WI Digital Color • - - - - Orthophotography tarm.,••asa.s flown 4130/2(104 Pathway to Greenway Interconnect/William 0. Douglas Trail Legend 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 Pioneer Wy Zimmerman Rd � r , W Kiendon Ave <a� Marble Rd MSrbte Rd W Maria{ ce o z o 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.