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HomeMy WebLinkAboutR-2009-121 Yakima Sawmill Redevelopment Area Grant Application for Yakima County SIED Funds7 `' A RESOLUTION RESOLUTI9N NO. R-2009-121 authorizing the City Manager to execute and submit a planning grant application and related documents in the amount of $50.000 to the Yakima County Supporting Investments in Economic Diversification fund for transportation and public facilities planning related to the Yakima Sawmill Redevelopment Area WHEREAS, Yakima County has established the Supporting Investments in Economic Diversification (SIED) fund to assist the growth of business in the County; and WHEREAS, economic development is a priority for the City of Yakima, and the City intends to approach economic development on an induoive. comprehensive basis which involves pub\io, private and community-based efforts to achieve new investment and redevelopment in the City, and WHEREAS, regional cooperation is an important part of our economic development efforts; and WHEREAS, the Yakima Sawmill Redevelopment Area is a high priority economic development initiative of the City Council; and WMEREAS. the city is eligible to receive up to $25.000.000 of infrastructure financing from the State of Washington for the redevelopment of the Yakima Sawmill Redevelopment Area; and WHEREAS, the City of Yakima, Yakima County and the Washington State Department of Transportation have determined that improvements to the access of Interstate 82 are necessary for future economic development activities in the Yakima Sawmill Redevelopment Area; and WHEREAS, the Washington State Department of Transportation, Yakima County and the Yakima Valley Conference of Governments have agreed to facilitate a Phase 2 Traffic Analysis for the area; and WHEREAS, the property owners of the Yakima Sawmill Redevelopment Area will undertake an extensive land use planning process in the near future; and WHEREAS, analysis of options for the location of infrastructure and public facilities within the redevelopment area will be a necessary component of the overall planning process; and WHEREAS, funding (through a grant) may be available from Yakima County through the SIED Fund for planning activities related to the project's development; ond WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize submittal of a grant application with Yakima County for funding of said planning activities from the SIED Fund, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF TI -IE CITY OF ¥AKIMA: The City Manager is authorized to execute and submit a planning grant application and related documents in the amount of $50,000 to the Yakima County Supporting Investments in Economic Diversification fund for transportation and public facilities planning related to the Yakima Sawmill Redevelopment Area. The Yakima City Manager is hereby designated as the official representative of the City to act in connection with that funding application and is authorized to take such additional actions as may be necessary and prudent to complete the ADOPTED BY THE CITY COUNCIL this 1 st day of Sep ember, 2009. ATTEST: ayor ) YAKIMA COUNTY and CITY OF YAKIMA (Sawmill Study II) 1. PARTIES SIED CONTRACT Ns YC SS 09 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 102, Yakima, Washington 98901, and the City of Yakima (hereinafter referred to as the City) whose address is 129 North Second Street, Yakima, Washington 98901-2613. Notices between the parties shall be made where and as provided for in Section 22, NOTICES. 2. TERM This Contract takes effect upon execution hereof by the authonzed 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 Study shall not terminate. 3. PURPOSE The purpose of this Contract is to provide for a study of the feasability, configuration and placement of certain public facilities to be constructed within the Yakima Sawmill Revenue Redevelopment Area, including highway ramps, streets, sidewalks, traffic control devices, utilities, and other associated structures, which have been planned by the City according to RCW 84.14.370(3) (hereinafter the Study). 4. RECITALS Filed The Parties make this Contract based on and in recognition of certain relevant facts and circumstances including: A. Sales and use taxes are collected in and for the County under authonty 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. B. The City proposes to pay for the Study with a combination of City, private, and County funds, including $50,000.00 in the form of a grant, and thereafter to share the County Page 1 of 8 Contract No YC SS 09 with a copy of the written study results for the mutual benefit of the parties. C. RCW 82.14.370 was adopted to serve the goals of facilitating the creation or retention of businesses and jobs in rural distressed counties, and the parties expect the Project to further these goals. D. 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 those which are the subject of the Study. E. The County, under authority of RCW 36.01.085, 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. F. The County has also created the SIED Board to review applications for grants from the SIED Fund and make recommendations for SIED Fund investments based on commitment of other funds, potential for resulting job creation, and other factors. G. New Vision has investigated the proposed Study and assisted in preparing the pending application for SIED funds, and the SIED Board has reviewed the application for SLED funds and has recommended approval. H. The SIED Fund balance is sufficient to make the requested contribution to the Study. I. 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 Fifty Thousand Dollars and Zero Cents ($50,000.00) to the City for the Study described herein. This grant shall be by County warrant drawn on the SIED Fund by County warrant, payable to the City, upon the next Yakima County Auditor's warrant issue. B. OWNERSHIP AND USE—The City shall commission the Study and provide the County with a copy of the written results thereof when completed. The Study results and report(s) thereof may thereafter be used by either party without limitation or restriction. 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 shall be retained by the City for a period of six 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 Filed Page 2 of 8 Contract No YC SS 09 or work undertaken hereunder for the purpose of making audit, examination, excerpts, and transcnptions. 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 rendenng 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 authonzed/permitted under State and/or local law to perform such services. 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. S. SUSPENSION, TERMINATION, AND CLOSEOUT 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: A. 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 dunng the penod of suspension will be allowable under this Contract, except: 1. Reasonable, proper, and otherwise allowable costs which the City could not avoid during the period of suspension; 2. 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. B. TERMINATION FOR CAUSE—If the City fails to comply with the terms and conditions of this Contract and any of the following conditions exist - Filed Page 3 of 8 Contract No YC SS 09 1 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; 2. The City has failed to take satisfactory action as directed by the County or its authonzed representative within the time period specified by same; 3. The City has failed within the time specified by the County or its authorized representative to satisfactonly substantiate its compliance with the terms and conditions of this Contract; then, 4. 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. C. TERMINATION FOR OTHER GROUNDS—This Contract may also be terminated in whole or in part by mutual consent and wntten agreement setting forth the conditions of 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 copynght 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. TITLE VI OF THE CIVIL RIGHT ACT OF 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, creed, religion, sex, or national ongin, 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. Filed Page 4 of 8 Contract No YC SS 09 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.) 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 MEMBERS 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 conduct of the Study 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 one million dollars ($1,000,000.00) 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 $1,000,000.00 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. Filed Page 5 of 8 Contract No YC SS 09 19. NON -WAIVER The failure of either party to insist upon strict performance of any provision of this Contract or to exercise any nght based upon a breach thereof or the acceptance of any performance dunng 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. 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 Unless stated otherwise herein, all notices and demands shall be in wnting and sent or hand - delivered to the parties to their addresses as follows: TO CITY: TO COUNTY: Michael Morales, Deputy Director _ Community & Economic Development 129 North Second Street Yakima, WA 98901-2613 Steve Hill, Director Yakima County Departments of Community Services & Grant Management 128 North Second Street, Room 102 Yakima, WA 98901-2639 or to such other addresses as the parties may hereafter designate in wnting. 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. Filed Page 6 of 8 Contract No YC SS 09 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 ansing 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. * * * * * * * * * * * * * * * Filed Page 7 of 8 Contract No YC SS 09 IN WITNESS WHEREOF, the County and the City have executed this Contract as of the date and year last written below. CITY OF YAKIMA Dave Edler, Mayor Approved as to Form: ,6611-1 Jeff C tte //City Attorney BOARD OF COUNTY COMMISSIONERS Excused J. Rand Elliott, Chairman Debbie Moore, City Clerk Date ///2/09. CITY CONTRAC (NOQ023'1 RESOLUTION NO.� add 9��2J Michael D. Leita, Commissioner ey, Commissioner Approved as to Form: n Deputy Prosecuting Attorney Staff • p y CONTRACT AUTHORIZATION ���t I I I ►►►►,, `\\�0�F YAK. c/,�i� o c�pF Wgsy/,G/, �; Chnstina S. Steiner, erk of the Bo,)s.,. ����►*► I I S\i Attest: Date klova ,09 Filed Page 8 of 8 Contract No YC SS 09 • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 91 For Meeting Of: September 1, 2009 ITEM TITLE: Consideration of a resolution authorizing the City Manager to execute and submit a planning grant application to the Yakima County Supporting Investments in Economic Diversification (SIED) fund in the amount of $50,000.00 for the Yakima Sawmill Redevelopment Area. SUBMITTED BY: Bill Cook, Director of Community and Economic Development CONTACT: Michael Morales, 575-3533 SUMMARY EXPLANATION: The Yakima County SIED fund provides 100% grants for planning activities related to capital improvement projects that create economic development activity. The Department of Community and Economic Development requests authorization to submit a $50,000 planning grant application for the following activities: • $26,000 contribution to a Phase 2 Traffic Study to be completed with the WSDOT, YVCOG, Yakima County and property owners. • $24,000 to study and determine options for infrastructure and public facilities related to the site redevelopment, to be completed in conjunction with the Planned Action SEPA process for the site. Resolution X Ordinance Contract Other: Funding Source: Yakima County SIED Fund Approval for Submittal: City Manager STAFF RECOMMENDATION: Staff recommends approval of the resolution. BOARD RECOMMENDATION: COUNCIL ACTION: 1