HomeMy WebLinkAboutR-1992-D6158 Law & Justice / State /RESOLUTION NO.
D 615H
A RESOLUTION: indicating the City of Yakima's financial
commitment to construct and operate a Criminal
Justice Facility and authorizing execution of an
agreement with the Washington State Department of
Community Development for access to state -
appropriated grant funds.
WHEREAS, the Washington State Legislature has, in ESHB 1427,
appropriated $3,000,000 for a grant to cover a substantial
portion of the cost of constructing a Criminal Justice Facility
for the City of Yakima, and instructed the Washington State
Department of Community Development to administer the grant
process; and
WHEREAS, the Legislature made the release of said funds on the
condition the City of Yakima demonstrated the commitment and
ability to provide non -state grant funds in an amount sufficient
to complete the Criminal Justice Facility construction and
provide for operation and maintenance of the Facility; and
WHEREAS, it appears to be in the best interest of the City of
Yakima to satisfy the conditions set forth in ESHB 1427 in order
to obtain release of the Criminal Justice Facility project funds
appropriated by the state of Washington.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA that the City agrees to provide sufficient funds from non -
state grant sources in an amount sufficient to complete
construction of the Criminal Justice Facility and provide for its
operation and maintenance, in accordance with the terms and
provisions of ESHB 1427.
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
YAKIMA directs the City Manager of the City of Yakima to execute
the attached and incorporated contract for the Criminal Justice
Facility conditional grant award, entitled Capital Contract #6-
92-29005, with the State of Washington Department of Community
Development, in an amount not to exceed $2,991,000, and to allow
access to the state funds appropriated for Criminal Justice
Facility construction in ESHB 1427.
ADOPTED BY THE CITY COUNCIL this
MAYOR
ATTEST:
CITY CLERK
day of July 1992.
STATE OF WASHINGTON
DEPARTMENT OF COMMUNITY DEVELOPMENT
CAPITAL CONTRACT #6-92-29005
This contract, entered into by and between the CITY OF YAKIMA
(hereinafter referred to as the CITY), and the Washington State
Department of Community Development (hereinafter referred to as
the DEPARTMENT), WITNESSES THAT:
WHEREAS, the DEPARTMENT has the statutory responsibility
under RCW 43.63A.065 to cooperate with and provide
assistance to the cities, counties, municipal corporations,
governmental conferences, and regional planning commissions
serving the communities of the state of Washington; and
WHEREAS, the DEPARTMENT is also given the responsibility to
administer state funds and programs which are assigned to
the DEPARTMENT by the Governor or the Washington State
Legislature; and
WHEREAS, the 1991 Washington State Legislature has, in ESHB
1427, appropriated $3,000,000 to the DEPARTMENT for
construction of a new criminal justice facility in the City
of Yakima; and
WHEREAS, the CITY has, by separate action, passed a
resolution indicating their resolve and financial commitment
to complete construction of and operate the criminal justice
facility, in order to satisfy the conditions placed on the
release of these grant funds by the Legislature.
NOW, THEREFORE, in consideration of covenants, conditions,
performances, and promises hereinafter contained, the parties
hereto agree as follows:
1. FUNDING
a) The funds awarded to the CITY hereunder shall
comprise sixty-six (66) percent of the total
project cost, as determined by the DEPARTMENT.
The total amount of state funds available to the
CITY hereunder shall be a sum up to, but not
exceeding $2,991,000, subject to the matching
provisions described herein. The DEPARTMENT has
retained $9,000 of the state funds appropriated
for the project for contract management costs. If
any portion of the retained amount is not used,
the amount available to the CITY under this
contract will be increased by the amount of the
unused portion.
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b) Eligible costs shall include: Direct construction
costs (labor and materials), permits and fees,
capitalized equipment, design, engineering, and
architectural fees, and project management and
administrative costs limited to fifteen (15)
percent of the total state funds available to the
CITY hereunder.
c) The non -state matching contributions may include
cash dedicated solely to project capital
expenditures and the value of land acquired solely
for the project on or after July 1, 1991.
2. SERVICE PROVISIONS
a) Funds awarded under this contract shall be used
solely for capital expenditures associated with
the CITY'S criminal justice facility project, as
contemplated in ESHB 1427.
b) Prior to receiving state funds under this
contract, the CITY shall submit the following
documents to the DEPARTMENT:
i) Project Budget;
ii) Project Scope of Work;
iii) A Resolution, duly executed by the City
Council of the City of Yakima, which
demonstrates the CITY'S commitment and
ability to provide thirty-four (34) percent
of the first $4,531,818 of total project
costs, as determined by the DEPARTMENT, and
to fund the facility's operation; and
iv) Project Construction Schedule.
The documents described in 2b i,ii, iii, and iv
are, by this reference, incorporated into this
contract.
c) At no time shall the amount of state funds awarded
hereunder exceed the established percentages set
forth in ESHB 1427 (66 percent state funds to 34
percent non -state funds).
3. CONTRACT PERIOD
a) The effective date of this contract shall be the
date of the last signature of the contracting
parties. The termination date of this contract
shall be June 30, 1993.
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b) Project capital costs incurred prior to July 1,
1991, are not reimburseable under this contract.
4. PAYMENT PROVISIONS
a) Payments to the CITY shall be made on a
reimbursement basis only. For the purposes of
this contract, reimbursement shall be construed to
mean costs incurred and paid, or costs incurred
and payable within thirty (30) days.
b) The DEPARTMENT shall reimburse the CITY for sixty-
six (66) percent of eligible project expenditures,
as described herein. When requesting payment for
costs incurred or expenditures made, the CITY
shall submit to the DEPARTMENT a signed and
completed Invoice Voucher (Form A-19) referencing
the construction activity performed during the
previous month, and any appropriate documentation.
The voucher must be certified by an official of
the CITY with authority to bind the CITY. The
final voucher shall be submitted to the DEPARTMENT
prior to July 15, 1993.
c) The CITY shall complete and submit a Capital
Project Cash Flow Projection to the DEPARTMENT
prior to execution of the contract. Each request
for payment shall be accompanied by such form if
the cash flow projections have changed since the
last such form was submitted to the DEPARTMENT.
d) Within twenty days after receiving and approving
the voucher and accompanying forms, the DEPARTMENT
shall remit a warrant to the CITY.
5. EVALUATION AND MONITORING
a) The CITY shall cooperate with and freely partici-
pate in any monitoring or evaluation activities
conducted by the DEPARTMENT that are pertinent to
the intent of this contract.
b) The DEPARTMENT or the State Auditor and any of
their representatives shall have full access to
and the right to examine during normal business
hours and as often as the DEPARTMENT or the State
Auditor may deem necessary, all the CITY'S records
with respect to all matters covered in this
contract. Such representatives shall be permitted
to audit, examine, and make excerpts or
transcripts from such records and to make audits
of all contracts, invoices, materials, payrolls,
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and records of matters covered by this contract.
Such rights last for three years from the date
final payment is made hereunder.
6. NONDISCRIMINATION PROVISION
The CITY shall abide by all applicable federal, state,
and local laws and regulations prohibiting
discriminatory employment practices against any
employee, contractor, or subcontractor utilizing funds
made available under this contract. This provision
shall be construed to include the Americans With
Disabilities Act of 1990 (Public Law 101-336), which
provides comprehensive civil rights protection in the
areas of employment, public accommodations, state and
local government services, and telecommunications to
individuals with disabilities.
7. CONTRACT MODIFICATIONS
The DEPARTMENT and the CITY may, from time to time,
request changes in services to be performed with the
funds. Any such changes that are mutually agreed upon
by the DEPARTMENT and the CITY shall be incorporated
herein by written amendment to this contract. It is
mutually agreed and understood that, except for the
unilateral budget modifications described in Section 8,
hereof, no alteration or variation of the terms of this
contract shall be valid unless made in writing and
signed by the parties hereto prior to implementation of
the changes, and that any oral understanding or
agreements not incorporated herein shall not be
binding.
8. MODIFICATIONS TO THE PROJECT BUDGET
Notwithstanding any other provision of this contract,
the CITY may, at its discretion, make unilateral
modifications not to exceed ten (10) percent of each
line item in the project budget. Any budget
modifications that would exceed ten (10) percent of the
budget line item shall be subject to prior approval of
the DEPARTMENT in accordance with the terms set forth
in Section 7, hereof.
9. TERMINATION OF CONTRACT
a) If, through any cause, the CITY shall fail to
fulfill in a timely and proper manner its
obligations under this contract or if the CITY
shall violate any of its covenants, agreements or
stipulations of this contract, the DEPARTMENT
shall thereupon have the right to terminate this
contract and withhold the remaining allocation if
such default or violation is not corrected within
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twenty (20) days after submitting written notice
to the CITY describing such default or violation.
b) Notwithstanding any provisions of this contract,
either party may terminate this contract by
providing written notice of such termination,
specifying the effective date thereof, at least
thirty (30) days prior to such date. Reimburse-
ment for services performed by the CITY, and not
otherwise paid for by the DEPARTMENT prior to the
effective date of such termination, shall be as
the DEPARTMENT reasonably determines.
10. SPECIAL PROVISION
The DEPARTMENT's failure to insist upon the 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.
11. HOLD HARMLESS
a) It is understood and agreed that this contract is
solely for the benefit of the parties hereto and
gives no right to any other party. No joint
venture or partnership is formed as a result of
this contract. Each party hereto agrees to be
responsible and assume liability for its own
negligent acts or omissions, or those of its
officers, agents, or employees to the fullest
extent required by law, and agrees to save,
indemnify, defend, and hold the other party
harmless from any such liability. In the case of
negligence of more than one party, any damages
allowed shall be levied in proportion to the
percentage of negligence attributable to each
party, and each party shall have the right to seek
contribution from the other party in proportion to
the percentage of negligence attributable to the
other party.
b) This indemnification clause shall also apply to
any and all causes of action arising out of the
performance of work activities under this
contract. Each contract for services or
activities utilizing funds provided in whole or in
part by this contract shall include a provision
that the DEPARTMENT and the state of Washington
are not liable for damages or claims from damages
arising from any subcontractor's performance or
activities under the terms of the contracts.
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12. RECAPTURE PROVISION
In the event that the CITY fails to expend state funds
in accordance with state law and/or the provisions of
this contract, the DEPARTMENT reserves the right to
recapture state funds in an amount equivalent to the
extent of noncompliance. Such right of recapture shall
exist for a period not to exceed three (3) years
following termination of the contract. Repayment by
the CITY of state funds under this recapture provision
shall occur within thirty (30) days of demand. In the
event that the DEPARTMENT is required to institute
proceedings to enforce this recapture provision, the
DEPARTMENT shall be entitled to its cost thereof,
including reasonable attorney's fees.
13. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any real property
improved or constructed with funds under this contract
and, by this grant, does not assert and will not
acquire any ownership interest in or title to the
capital facilities and/or equipment constructed or
purchased with state grant funds under this contract.
This provision does not extend to claims that the
DEPARTMENT may bring against the CITY in the event of
recapture of funds expended in violation of this
contract.
14. RELATIONSHIP BETWEEN THE PARTIES
The CITY and its employees or agents performing under
this contract are not deemed to be employees of the
DEPARTMENT nor agents of the DEPARTMENT in any manner
whatsoever, nor will they hold themselves out as nor
claim to be officers or employees of the DEPARTMENT or
of the state of Washington hereof and will not make any
claim, demand, or application to or for any right or
privilege applicable to an officer or employee of the
DEPARTMENT or of the state of Washington.
15. GOVERNING LAW AND VENUE
This contract shall be construed and enforced in
accordance with, and the validity and performance
hereof shall be governed by, the laws of the state of
Washington. Venue of any suit between the parties
arising out of this contract shall be the superior
court of Thurston County, Washington.
16. SEVERABILITY
In the event any term or condition of this contract or
application thereof to any person or circumstances is
held invalid, such invalidity shall not affect other
terms, conditions, or applications of this contract
which can be given effect without the invalid term,
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condition, or application. To this end the terms and
conditions of this contract are declared severable.
17. REDUCTION IN FUNDS
The DEPARTMENT may unilaterally terminate all or part
of this contract, or may reduce its scope of work and
budget, if there is a reduction in funds by the source
of those funds, and if such funds are the basis for
this contract.
18. REAPPROPRIATION
The parties hereto agree and understand that any state
funds not expended by June 30, 1993 will be subject to
reappropriation by the Washington State Legislature,
and the state's obligations under this contract are
contingent upon such reappropriation.
19. ENTIRE AGREEMENT
This contract contains all the terms and conditions
agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this
contract shall be deemed to exist or to bind any of the
parties hereto. The following ATTACHMENTS are, by this
reference, incorporated into this contract:
ATTACHMENT A (Project Budget)
ATTACHMENT B (Project Scope of Work)
ATTACHMENT C (Resolution)
ATTACHMENT D (Project Construction Schedule)
20. ADMINISTRATION
a) The CITY'S representative shall be John Hanson,
City of Yakima Director of Finance & Budget.
b) The DEPARTMENT'S representative shall be Daniel
Aarthun.
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IN WITNESS WHEREOF, the DEPARTMENT and CITY have executed this
contract as of the .• e and year written below.
Tim Ar ol., Assis ant Director CITY (Title)
Dep.•rt ent of Community
D=v=lopment
Date:
APPROVED AS TO FORM:
.4..../;0#1,
Ass.ft a I
torney General
DA tif7a3/9a.
8
Federal Tax ID #
91-600-1293
Date: 7/3 /I
ATTEST: l !i-' - ,2 6:64"
City Clerk
CITY (O TRACT NO. q(2 ��� 4 JfC£ /5-6?
ATTACHMENT A
PROJECT CAPITAL BUDGET (6/16/92)
Revenue
State of Washington
City of Yakima
Expenditures
Site Acquisition/Development
Design/Architectural Services
Building Construction/Landscaping
Furnishings & Equipment
Construction Contingency
$3,000,000
2,000,000
$5,000,000
$ 575,000
562,500
3,587,500
125,000
150,000
$5,000,000
PROJECT OPERATIONAL BUDGET
Revenue
1/10% Local Option Sales Tax
for Criminal Justice
Expenditures
Staffing (4 FTE's - Holding Area)
Support Costs (Detainees' medical,
office operations, supplies, etc.
Space Maintenance Expenses (estimated
@ $4.50 sq/ft
$ 392,000 (1)
$ 150,000
50,000
192.000
$ 392,000 (2)
(1) Funding for operation & maintenance of the Criminal
Justice Facility will come from the one-tenth percent
sales tax for criminal justice purposes, estimated at
$420,000. If additional revenues are needed, the City
of Yakima may elect to reallocate a share of the local
utility tax or other available funding source.
This total represents the anticipated net increase in
the Police Department budget due to operating the new
Criminal Justice Facility.
(2)
ATTACHMENT 13
PROJECT SCOPE OF WORK (6/16/92)
The City of Yakima Police Department is currently housed in the
existing Yakima City Hall, located ixt 129 North 2nd Street, lel
downtown Yakima. The existing Police Department facility was
opened in 1950, and designed to accommodate 70 to 75 staff. The
Police Department now totals in excess of 140 staff, with
approximately 50 volunteers. The number of fully paid staff is
expected to grow to 160 over the next five to ten years.
The City of Yakima Legal Department has been moved to leased
space to ease overcrowding. The Police Department's space
consists of 16,000 sq/ft located on three floors -- a very
inadequate and inefficient situation.
The current proposal is to construct a 50,000 sq/ft Criminal
Justice Center to house the City of Yakima Police and Legal
Departments, and provide courtroom space and temporary holding
and processing areas for arrested offenders. The project
includes the following components:
.P.Qlice Department
o Law enforcement operations and administration capacity
a 911 communications dispatch area
o Holding cells
o Records management area
o Evidence/property storage area and processing space
o Roll call/briefing room
o Tr,t i n i ng/onforonoo/mooting areas
o Interview rooms
o Firearms training simulator
o Staff locker room and workout area
Legal Department
o Office space for the City Legal Department and staff
o Courtroom
General Areas
o Public waiting/reception area
o Parking
RESOLUTION NO.
D 6158
A RESOLUTION: indicating the City of Yakima's financial
commitment to construct and operate a Criminal
Justice Facility and authorizing execution of an
agreement with the Washington State Department of
Community Development for access to state -
appropriated grant funds.
WHEREAS, the Washington State Legislature has, in ESHB 1427,
appropriated $3,000,000 for a grant to cover a substantial
portion of the cost of constructing a Criminal Justice Facility
for the City of Yakima, and instructed the Washington State
Department of Community Development to administer the grant
process; and
WHEREAS, the Legislature made the release of said funds on the
condition the City of Yakima demonstrated the commitment and
ability to provide non -state grant funds in an amount sufficient
to complete the Criminal Justice Facility construction and -
provide for operation and maintenance of the Facility; and
WHEREAS, it appears to be in the best interest of the City of
Yakima to satisfy the conditions set forth in ESHB 1427 in order
to obtain release of the Criminal Justice Facility project funds
appropriated by the state of Washington.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YARIMA that the City agrees to provide sufficient funds from non -
state grant sources in an amount sufficient to complete
construction of the Criminal Justice Facility and provide for its
operation and maintenance, in accordance with the terms and
provisions of ESHB 1427.
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
YAKIMA directs the City Manager of the City of Yakima to execute
the attached and incorporated contract for the Criminal Justice
Facility conditional grant award, entitled Capital Contract 16-
92-29005, with the State of Washington Department of Community
Development, in an amount not to exceed $2,991,000, and to allow
access to the state funds appropriated for Criminal Justice
Facility construction in ESHB 1427. /'
ADOPTED BY THE CITY COUNCIL this 41f/ day of July 1992.
S/ PATRICIA A. BERNDT
MAYOR
ATTEST:
/s/ KAREN S. ROBERTS, CMC
CITY CLERIC
Certified to he a true and correct copy of the
original filed in my office.
CITY CLERK
ATTACHMENT D
PROJECT CONSTRUCTION SCHEDULE
Task/Phase
Authorization to proceed
Timeframe
Sept. 1992
Concept review Oct. 1992
Schematic design phase Oct. - Nov. 1992
Design development phase Nov. 1992 - Jan. 1993
Construction documents Jan. - Mar. 1993
Document review May 1993
Bid phase May - June 1993
Bid award/Notice to proceed June 1993
Construction July 1993 - June 1994
Contract closeout July 1994
Final acceptance August 1994