Loading...
02/16/2021 04O Street Frontage Improvements, Yakima Sports Complex Project Funding; SIED Agreement with Yakima County to\'4\lyy tbxk ik 1 PPP +� PPP d g. P A P p PPi ittYlltYlt.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.0. 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 Street Frontage Improvements associated with the Yakima Sports Complex Project SUBMITTED BY: Scott Schafer, Director of Public Works Bob Desgrosellier,Acting Chief Engineer- 575-6228 SUMMARY EXPLANATION: The City of Yakima is seeking to enter into an agreement with Yakima County for funding from the Supporting Investments in Economic Development(SI ED) program for the Yakima Sports Complex(Spring Creek Road) project. The SI ED Board has approved a grant of$1,000,000 and a loan of$1 ,000,000 to the City. Total project cost is estimated to be approximately$3.8 million. The Yakima City Council had determined that the Yakima Sports Complex is an Economic Development priority for the City. The project includes reconstruction of Spring Creek Road in the vicinity of the Yakima Sports Complex(SOZO) including widening, intersection improvements, drainage, paving, and other roadway work. The Agreement with Yakima County has been attached for City Council review. The project is be funded with $1 million SI ED grant, $1 million SI ED loan, and the remaining to be bonded. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Economic Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type 2 D Re,=olulion 2/212021 Resolution D S070 SEID Agreement 2/512021 aviErdcl 3 RESOLUTION NO. R-2021- A RESOLUTION authorizing the City Manager to accept and execute the necessary agreement for"Supporting Investments in Economic Development" (SIED) Grant funding from Yakima County for contract 2428—Spring Creek Road. WHEREAS, the Yakima City Council has determined that the Yakima Sports Complex is an Economic Development priority for the City of Yakima; and WHEREAS, community and private involvement in this effort has been strongly supported in the Community Survey, the City Council Strategic Plan, and the Yakima Urban Area Comprehensive Plan 2040; and WHEREAS, the Yakima City Council on April 7, 2015 entered into agreements with SOZO, a Washington non - profit corporation for a public - private partnership to create multiple soccer fields, parking lots and related improvements; and WHEREAS, the City of Yakima invested $4.1 million for capital expenditures toward the acquisition of property and the development of this public park; and WHEREAS improvements to the existing public streets in the vicinity of the proposed Yakima Sports Complex will improve public safety, facilitate access to the development and improve the neighborhood. Street upgrades are generally a requirement for new development in Yakima County as well as within the City of Yakima; and WHEREAS, Phase 1 of the Spring Creek Road project was completed by the City in 2019; Phase 2 will go to bid advertisement in February 2021; and WHEREAS, SIED funds are projected to cover approximately 62.5% of the cost to upgrade the existing street network to current City standards; 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 $1,000,000 grant and a $1,000,000 loan; 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 2428. ADOPTED BY THE CITY COUNCIL this 16h day of February, 2021. ATTEST: Patricia Byers, Mayor Sonya Clear Tee, City Clerk 4 SIED CONTRACT YC-SOZO-20 YAKIMA COUNTY and CITY OF Yakima (Street Frontage Improvements for SOZO Park) 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 and continues in effect until all payments required under Section 5, MUTUAL CONSIDERATION, Subsection B. REPAYMENT OF COUNTY LOAN, have been made or until terminated as provided for in Section 8, SUSPENSION, TERMINATION, AND CLOSEOUT, provided, the County's right under Section 5, MUTUAL CONSIDERATION, Subsection D. OWNERSHIP AND USE, to use the Project shall continue so long as the Project remains in use. 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 necessary street frontage improvements on existing public streets for a multi-sports park complex. The project will improve 5,000 lineal feet of Spring Creek Road. The project will include two 20.5 foot lanes from the face of the curbs and gutters with construction of drainage facilities for both east and westbound lanes, a 6.5 foot concrete sidewalk on one side of the road with ADA compliant ramps, and driveway entrances. The improvements also include rerouting a portion of Spring Creek, constructing new culverts, and mitigating wetlands through a relocation process. 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 Page 1 of 8 Contract No. YC-SOZO-20 5 funds, including$2,000,000.00 from the SIED Fund, $1,000,000.00 to be in the form of a loan, and $1,000,000 to be in the form of a grant, 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. F. The County, under authority of RCW 36.01.085, and by agreement of February 19, 1999, has engaged the Yakima County Development Association, also known as New Vision,to provide administrative and technical assistance in furtherance of the County's economic development. G. The SIED Fund balance is sufficient to make the requested contribution to the Project. H. RCW 39.34 authorizes interlocal agreements whereby municipal governments may jointly exercise the powers granted to each. 5. MUTUAL CONSIDERATION A. COUNTY LOAN The County shall loan One Million Dollars and Zero Cents ($1,000,000.00) for the Project described herein. This loan amount shall be drawn on the SIED Fund by County warrant, payable to the City, upon the next available Yakima County Auditor's warrant issue. B. REPAYMENT OF COUNTY LOAN The City shall repay the County's loan of One Million Dollars and Zero Cents ($1,000,000.00)with interest on unpaid principal, at an annual per annum rate of 2.44%, which is the Yakima County Interfund Loan Rate for the equivalent term of the loan. In the event the contract is fully executed after February 18, 2021, the parties agree to use the current Yakima County Interfund Loan Rate on the date this contract is fully executed by both parties. Interest shall accrue from the date this contract is approved by the County. Repayment of principal and interest shall be made in ten annual installments. The first payment shall be due on June 1, 2023, and annual payments thereafter shall be due on June 1 of each year with the fmal payment nevertheless due on June 1, 2032; Provided however, that the final installment may be in such greater or lesser amount as shall be required for full amortization of the repayment amount. Payment shall be by check payable to Yakima County Infrastructure Fund and delivered to Yakima County Treasurer, Yakima County Courthouse, Room 115, 128 North 2nd Street, Yakima,WA 98901. The City obligation hereunder shall be a limited general obligation of the City, payable from any legally available source of funds. Exhibit A attached hereto and incorporated herein reflects the Debt Service Schedule as noted. Page 2 of 8 Contract No. YC-SOZO-20 6 In the event of payment by the City of any one or more installments, or of the entire loan balance, before the date prescribed in Exhibit A, interest shall accrue on such installment(s) or balance until,but not beyond,the June 1 next succeeding the date of such payment(s). If more than one installment is paid during any repayment year, then the repayment period recited above shall be correspondingly shortened and the scheduled of payments reflected in Exhibit A shall be correspondingly advanced. C. COUNTY GRANT The County shall grant One Million Dollars and Zero Cents ($1,000,000.00) 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. D. 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 3 of 8 Contract No. YC-SOZO-20 7 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 4 of 8 Contract No. YC-SOZO-20 8 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 5 of 8 Contract No. YC-SOZO-20 9 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 6 of 8 Contract No. YC-SOZO-20 10 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 7 of 8 Contract No. YC-SOZO-20 11 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 8 of 8 Contract No. YC-SOZO-20