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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.N.
For Meeting of: February 16, 2021
ITEM TITLE: Resolution authorizing an Agreement with Yakima County for
Supporting Investments in Economic Development (SI ED)
Funding for the Bravo Company Boulevard Municipal Solid Waste
& Wood Debris Removal Project
SUBMITTED BY: Scott Schafer- Director of Public Works
Bill Preston, City Engineer- 575-6754
SUMMARY EXPLANATION:
The City of Yakima is seeking approval to enter into an agreement with Yakima County for funding
from the Supporting Investments in Economic Development (SI ED) program for the Bravo
Company Boulevard Municipal Solid Waste & Wood Debris Removal project. The S E I D Board
has awarded the City a S E I D grant in the amount of$1 ,500,000. Total project cost is estimated
to be approximately$13.1 million.
The Yakima City Council has determined that the redevelopment of the former Cascade Mill Site
is an Economic Development priority for the City of Yakima. The project includes removal of
wood debris and solid municipal waste from within City owned right-of-way in the vicinity of the old
Cascade Mill Site. This will allow future utilities to be installed and the eventual construction of
Bravo Company Boulevard. The project is funded with Department of Ecology Grant ($8.9
million), Utilities Capital funding ($1.7 million), LIFT ($1 million), and the $1.5 million SI ED grant.
The Agreement with Yakima County has been attached for City Council review.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Economic Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
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ATTACHMENTS:
Description Upload Date Type
D Re5olotion 22/2021 Resolution
0 SI ED agreement 212?2021 Contract
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RESOLUTION NO. R-2021-
A RESOLUTION authorizing the City Manager to accept and execute the necessary
agreement for SIED Grant funding from Yakima County for contract 2529
— Municipal Solid Waste and Wood Debris Removal.
WHEREAS, the Yakima City Council has determined that the Cascade Mill Site is an
Economic Development priority for the City of Yakima; and
WHEREAS, a community support for this revitalization effort has been strongly
supported in the 2012 and 2013 Community Survey, the City Council Strategic Plan, and the
Yakima Urban Area Comprehensive Plan 2040; and
WHEREAS, the City of Yakima was successful in receiving funds from Washington
State Department of Ecology in the amount of$8,900,000 for site cleanup; and
WHEREAS, the City of Yakima has agreed to invest $2 million for capital expenditures
toward the cleanup and removal of municipal solid waste within City right of way in the vicinity of
the Cascade Mill Site; and
WHEREAS, the City has entered into a construction project with Halme Construction in
the amount of $13,108,132 for municipal solid waste and wood debris removal; and
WHEREAS, SIED funds are projected to cover approximately 11.5% of the construction
costs to remove the municipal solid waste and debris; and
WHEREAS, SIED funds are eligible match for LIFT funding; and
WHEREAS, The City of Yakima requested and was approved for funding from the Yakima
County "Supporting Investments in Economic Diversification" (SIED) Board in the form of a
$1,500,000 grant; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to accept and execute the Agreement with the
Yakima County SIED Board for terms and conditions of the grant as specified in the attached draft
agreement for City project 2529.
ADOPTED BY THE CITY COUNCIL this 16'h day of February, 2021.
ATTEST: Patricia Byers, Mayor
Sonya Clear Tee, City Clerk
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SIED CONTRACT YC-BCL-21
YAKIMA COUNTY
and
CITY OF Yakima
(Boise Cascade Landfill)
1. PARTIES
This Supporting Investments in Economic Diversification (hereinafter referred to as SIED)
Contract is made by and between Yakima County (hereinafter referred to as the County) whose
address is 128 North Second Street, County Courthouse, Room 232, Yakima, Washington 98901,
and the City of Yakima (hereinafter referred to as the City)whose address is 129 North Second
Street, Yakima, Washington 98901. Notices between the parties shall be made where and as
provided for on Page 7, Section 22, NOTICES.
2. TERM
This Contract takes effect upon execution hereof by the authorized representatives of both parties.
3. PURPOSE
The purpose of this Contract is to provide for the construction of certain infrastructure
improvements (hereinafter referred to as the Project) using certain County funds designated for
such infrastructure. The Project will support the removal of landfill waste on the Boise Cascade
site that will allow the buildout of public infrastructure on the site to be part of the East West
Corridor project.
4. RECITALS
A. The Parties make this Contract based on and in recognition of certain relevant facts and
circumstances including:
B. Sales and use taxes are collected in and for the County under authority of RCW 82.14.370
and Yakima County Code 3.10.010 for the purpose of financing public facilities in the
County, and the proceeds are deposited in the Yakima County Infrastructure Fund (also
referred to as SIED Fund), according to YCC 3.10.040.
C. The City proposes to construct the Project with a combination of City, private, and County
funds, including grant funds of$1,500,000.00 from the SIED Fund, and thereafter to own
and operate the Project for the benefit of the City and the County.
D. RCW 82.14.370 was adopted to serve the goals of promoting business in rural distressed
areas, providing family wage jobs and the development of communities of excellence in
such areas, and the parties expect the Project to further these goals.
E. RCW 43.160 and 43.160.020 adopted and amended for related purposes with those of
RCW 82.14.370, define public facilities to include various buildings, structures and works,
such as the Project.
Page 1 of 7 Contract No.YC-BCL-21
5
F. The SIED Fund balance is sufficient to make the requested contribution to the Project.
G. RCW 39.34 authorizes interlocal agreements whereby municipal governments may jointly
exercise the powers granted to each.
5. MUTUAL CONSIDERATION
A. COUNTY GRANT The County shall grant One Million Five Hundred Thousand
Dollars and Zero Cents ($1,500,000.00)to the City for the Project described herein. This
grant shall be by County warrant drawn on the SIED Fund and payable to the City
within 30 days of the County's receipt of a signed copy of the Project engineer's
certificate that 50 percent of the work on the Project has been completed and the
City's invoice for said grant.
B. OWNERSHIP AND USE The City shall construct, own, maintain, and operate the
Project as a part of its public infrastructure for economic development, available for use by
manufacturing and industrial concerns proximate to the Project. The City shall also permit
the use of the Project by the County and its departments on like terms with other users, at
such time as the Board of Yakima County Commissioners may deem expedient. For
purposes of this paragraph, ownership, maintenance, and operation of the Project or any
portion thereof by another municipality, under any conveyance or dedication, which is
subject to and preserves the County's right of use, shall be deemed ownership,
maintenance, and operation by the City.
6. RECORDS, REPORTS AND AUDITS
The City agrees to maintain such records, make such reports, and follow such procedures as may
be required by the County, pertaining to this Contract. All records pertaining to this Contract and
work undertaken hereunder by the City shall be retained by the City for a period of seven years
after final audit unless a longer period is required to resolve audit findings or litigation. The
County and other authorized representatives of the State and Federal government shall have
access to any books, documents, papers, and records of the City, which pertain to this Contract or
work undertaken hereunder in possession of the City for the purpose of making audit,
examination, excerpts, and transcriptions.
7. RELATIONSHIP OF PARTIES AND AGENTS
A. The relationship of the City to the County, with regard to construction of the Project, shall
be that of an independent contractor rendering professional services. The City shall have
no authority to execute contracts or to make commitments on behalf of the County and
nothing contained herein shall be deemed to create the relationship of employer and
employee or principal and agent between the County and the City.
B. The City represents that it has or will secure at its own expense all personnel, contractors,
and/or subcontractors required in order to perform work under this Contract. Such
personnel shall not be employees of the County. All such personnel, contractors, and/or
subcontractors shall be fully qualified and authorized/permitted under State and/or local
law to perform such services.
Page 2 of 7 Contract No.YC-BCL-21
6
C. All services required hereunder will be performed by the City or under its supervision and
all personnel engaged in the work shall be fully qualified and shall be authorized or
permitted under State or local law to perform such services.
8. SUSPENSION, TERMINATION, AND CLOSEOUT
A. If the City fails to comply with the terms and conditions of this Contract, the County may
pursue such remedies as are legally available, including, but not limited to,the suspension
or termination of this Contract in the manner specified herein:
B. SUSPENSION If the City fails to comply with terms and conditions of this Contract, or
whenever the City is unable to substantiate full compliance with provisions of this
Contract,the County may suspend this Contract pending corrective action or investigation,
effective not less than seven days following written notification to the City or its authorized
representative. The suspension will remain in full force and effect until the City has taken
corrective action to the satisfaction of the County and is able to substantiate its full
compliance with the terms and conditions of this Contract. No obligations incurred by the
City or its authorized representative during the period of suspension will be allowable
under this Contract, except:
L Reasonable, proper, and otherwise allowable costs which the City could not
avoid during the period of suspension;
IL Otherwise, allowable costs incurred during the period of suspension, if upon
investigation, the County is satisfied of the City's compliance with the terms
and conditions of this Contract to the extent of the compensation claimed by
the City.
C. TERMINATION FOR CAUSE If the City fails to comply with the terms and
conditions of this Contract and any of the following conditions exist:
L The lack of compliance with the provisions of this Contract were of such scope
and nature that the County deems continuation of this Contract to be
substantially detrimental to the interests of the County;
IL The City has failed to take satisfactory action as directed by the County or its
authorized representative within the time period specified by same;
III. The City has failed within the time specified by the County or its authorized
representative to satisfactorily substantiate its compliance with the terms and
conditions of this Contract;then,
IV. The County may terminate this Contract in whole or in part, and thereupon shall
notify the City of termination,the reasons therefore, and the effective date, provided
such effective date shall not be prior to notification of the City. After this effective
date, no charges incurred under any terminated portions outlined in the application
for funding are allowable.
D. TERMINATION FOR OTHER GROUNDS This Contract may also be terminated in
whole or in part by mutual consent and written agreement setting forth the conditions of
Page 3 of 7 Contract No.YC-BCL-21
7
termination, including effective date and, in case of termination in part, that portion to be
terminated.
9. COPYRIGHT RESTRICTION
No report, maps, or other documents produced in whole or in part under this Contract shall be the
subject of an application for copyright by or on behalf of the City.
10. COMPLIANCE WITH LAWS
The County and the City shall comply with all applicable laws, ordinances, and codes of the
Federal, State, and local governments with regard to the performance of this Contract.
11. NONDISCRIMINATION & TITLE VI OF THE CIVIL RIGHT ACT OF 1964
The City agrees that it shall not discriminate against any person on the grounds of race, creed, color,
religion, national origin, sex, sexual orientation, veteran status, pregnancy, age, marital status,
political affiliation or belief,or the presence of any sensory,mental or physical handicap in violation
of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with
Disabilities Act(42 U.S.C. 12101 et seq.)or any other applicable state,federal or local law, rule or
regulation.
The City shall abide by the requirements of 41 CFR §§ 60-300.5(a) and 60-741.5(a). These
regulations prohibit discrimination against qualified individuals on the basis of protected veteran
status or disability, and require affirmative action by covered prime contractors and subcontractors
to employ and advance in employment qualified protected veterans and individuals with disabilities.
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color,
creed, religion, sex, or national origin, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving Federal financial
assistance.
12. SECTION 109—HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
No person in the United States shall on the grounds of race, color, creed, religion, sex, or national
origin be excluded from participation in, be denied benefits of, or be subjected to discrimination
under any program or activity funded in whole or in part with funds made available under this
title.
13. AGE DISCRIMINATION ACT OF 1975 (As Amended)
No person shall be excluded from participation, denied program benefits, or subjected to
discrimination on the basis of age under any program or activity receiving Federal funding
assistance (42 U.S.C. 610 et. seq.)
Page 4of7 Contract No.YC-BCL-21
8
14. SECTION 504 OF THE REHABILITATION ACT OF 1973 (As Amended)
No otherwise qualified individual shall, solely by reason of his or her handicap, be excluded from
participation (including employment), denied program benefits, or subjected to discrimination
under any program or activity receiving Federal funds (29 U.S.C. 794).
15. INTEREST OF AGENTS AND OFFICERS OF THE COUNTY AND THE CITY
No member of the governing body of either party and no other officer, employee, or agent of
either party who exercises any functions or responsibilities in connection with the planning or
carrying out of the Project shall have any personal financial interest, direct or indirect, in this
Contract.
16. HOLD HARMLESS AND INDEMNITY
The City shall indemnify and hold harmless the County, its officers, agents, and employees,from
all liability, loss or damage, including costs of defense they may suffer as a result of claims,
demands, actions costs, or judgments which result from the activities to be performed by the City,
its agents, employees, or subcontractors pursuant to this Contract.
17. PUBLIC LIABILITY
The City or its contractor(s) shall maintain for the duration of work under this Contract, issued on
an occurrence basis, comprehensive liability insurance with a combined single limit of not less
than five million dollars ($5,000,000.00)from a company authorized to provide insurance in the
State of Washington. Said policies shall provide that the policy shall not be canceled or altered by
any party without written notice to Yakima County, delivered not less than 30 days prior to such
cancellation or alteration. Applicant certifies that comprehensive liability insurance with a
combined single limit of not less than $5,000,000.00 is in effect.
18. ASSIGNABILITY
The City shall not assign any interest in this Contract and shall not transfer any interest in this
Contract(whether by assignment or novation)without prior written consent of the County thereto,
provided, however, that claims for money by the City from the County under this Contract may
be assigned to a bank,trust company, or other financial institution without such approval. Written
notice of any such assignment or transfer shall be furnished promptly to the County by the City.
19. NON-WAIVER
The failure of either party to insist upon strict performance of any provision of this Contract or to
exercise any right based upon a breach thereof or the acceptance of any performance during such
breach shall not constitute a waiver of any right under this Contract.
20. CONTRACT MODIFICATIONS
It is mutually agreed and understood that no modification or waiver of any clause or condition of
this Contract is binding upon either party unless such modification or waiver is in writing and
executed by the County and the City.
Page 5 of 7 Contract No.YC-BCL-21
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21. SEVERABILITY
If any portion of this Contract is changed per mutual contract or any portion is held invalid, the
remainder of this Contract shall remain in full force and effect.
22. NOTICES
A. Unless stated otherwise herein, all notices and demands shall be in writing and sent or
hand-delivered to the parties to their addresses as follows:
TO CITY: Robert Harrison
City Manager
129 North 2nd Street
Yakima, WA 98901
TO COUNTY: Craig Warner
Financial Services Director
128 North Second Street, Room 232
Yakima, WA 98901
or to such other addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid, or hand-delivered.
Such notices shall be deemed effective when mailed or hand-delivered at the addresses
specified above.
23. INTEGRATION
This Contract contains all terms and conditions agreed to by the County and the City. There are
no other oral or written agreements between the City and County as to the subjects contained
herein. No changes or additions to this Contract shall be valid or binding upon either party unless
such change or addition be in writing and executed by both parties.
24. GOVERNING LAW AND VENUE
All questions of the validity, construction, and application of this Contract shall be governed by
the laws of the State of Washington. Venue for any suit between the parties arising out of this
Contract shall be the Superior Court of Yakima County, Washington.
25. FILING
Upon execution by the authorized representatives of the parties, a copy of this Contract shall be
promptly filed with the Yakima County Auditor pursuant to RCW 39.34.040.
+ + + + + + + + + + + + + + +
IN WITNESS WHEREOF, the County and the City have executed this Contract as of the date and year
last written below.
Page 6 of 7 Contract No.YC-BCL-21
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CITY OF YAKIMA BOARD OF COUNTY COMMISSIONERS
Robert Harrison, City Manager Ron Anderson, Chairman
Approved as to Form: Amanda McKinney, Commissioner
Sara Watkins, City Attorney LaDon Linde, Commissioner
Approved as to Form:
Attest:
Deputy Prosecuting Attorney
Sonya Claar Tee, City Clerk CONTRACT AUTHORIZATION
Attest:
Date
Julie Lawrence, Clerk of the Board
Date
Page 7 of 7 Contract No.YC-BCL-21