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HomeMy WebLinkAboutRes-2017-177 Cle Elum TaxBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO: 2017--L,7 RESOLUTION TO APPROVE THE 2018 DISTRESSED COUNTY SALES AND USE TAX INFRASTRUCTURE IMPROVEMENT PROGRAM AGREEMENT WITH THE CITY OF CLEELUM WHEREAS: The 1999 Legislature did pass RCW 82.14.370 Sales and Use Tax for Public Facilities in rural counties; and WHEREAS : These funds are for the purpose of financing Public Facilities which are defined as bridges, roads, domestic and industrial water facilities, sanitary sewer facilities, earth stabilization, storm sewer facilities, railroad, electricity, natural gas, buildings, structures , telecommunications infrastructure, transportation infrastructure or commercial infrastructure and port facilities in the State of Washington; and WHEREAS: The 2018 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement with the City of Cle Elum has been executed by said entity with funding available January 1,2018; and NOW, THEREFORE BE IT RESOLVED: The Kittitas County Board of County Commissioners hereby approves the attached 2018 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement with the City of Cle Elum. ADOPTED this 7th day of November, 2017. ""...-._--...F COUNTY COMMISSIONERS T Y , WASHINGTON Attest: )2r Clerk of the Board-Julie Kjorsvik 2018 DISTRESSED COUNTY SALES AND USE TAX INFRASTRUCTURE IMPROVEMENT PROGRAM AGREEMENT BETWEEN KITTITAS COUNTY AND THE CITY OF CLE ELUM This Contract, dated .rJOI/ ~h-ly 1 I 2017 is made and entered into by and between KITTITAS COUNTY ("County"), a subdivision of the State of Washington, and THE CITY OF CLE ELUM ("Funding Recipient"). WHEREAS, the purpose of this Agreement is to provide for public facility construction and foster economic development opportunities within Kittitas County; NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, the County and the Funding Recipient mutually agree as follows: Section 1. Scope of Wo r k. a. Funding Recipient shall provide the services and staff described in its Application for Funds submitted to the Council of Governments, attached hereto as Exhibit "A" which is attached hereto and incorporated herein by this reference . b. Except as otherwise specifically provided in this Agreement , Funding Recipient shall furnish the following as required to perform the services , described in Paragraph (a) above , in accordance with this Agreement: Personnel, labor and supervision ; technical, professional and other services. All such services, property and other items furnished or required to be furnished , together with all other obligations performed, or required to be performed, by Funding Recipient under this Agreement are collectively referred to herein as "Services." Sect ion 2. Payment. a. As full compensation for satisfactory performance of the Funding Recipient Services, the County agrees to pay Funding Recipient the sum of two hundred thirty four thousand four hundred and eighty dollars ($234,480). b. Additional payment terms: The County will make payment to the Funding Recipient only on a reimbursement basis , as receipts for any items including marketing and/or advertising are submitted to the County . c. Requests for reimbursements must be submitted to: Kittitas Public Works Finance Director Attn: Kathy Jurgens 411 North Ruby, -Suite 1 Ellensburg , WA 98926 kathy .jurgerls@co .kittitas .wa .us Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Pagel d. Reporting requirements of your events will be required on prescribed forms from the Kittitas Public Works Department. Section 3. Performance by Funding Recipient. a. Funding Recipient shall not (by contract, operation of law or otherwise) delegate or subcontract performance of any Services to any other person or entity without the prior written consent of the County. Any such delegation or subcontracting without the County's prior written consent shall be voidable at the County's option. b. Funding Recipient shall at all times be an independent Funding Recipient and not an agent or representative of the County with regard to performing the Services. Funding Recipient shall not represent that it is, or hold itself out as, an agent or representative of the County. In no event shall Funding Recipient be authorized to enter into any Agreement or undertaking for or on behalf of the County. It is understood that the Funding Recipient and the Funding Recipient's staff and employees are not employees of the County and are not , therefore, entitled to any benefits provided employees of the County . c. Funding Recipient shall comply with all applicable laws , ordinances, rules, regulations, orders , licenses, permits, and other requirements, now or hereafter in effect, of any governmental authority (including, but not limited to, such requirements as may be imposed upon the County and applicable to Services). Funding Recipient shall furnish such documents as may be required to effect or evidence such compliance. All laws, ordinances, rules, and orders required to be incorporated into agreements of this character are incorporated into this Agreement by this reference. Funding Recipient agrees to obtain all required licenses and permits, and further agrees to keep them in full force and effect during the term of this Agreement. d . The County and the Funding Recipient agree that in fulfilling the terms and conditions of this Agreement neither shall discriminate on the basis of race, creed, color, national origin, age, sex, marital status, or the presence of a physical, sensory, or mental handicap. e. The Services shall at all times be subject to inspection by and approval of the County, but the County's making (or failure or delay in making) such inspection or approval shall not relieve Funding Recipient of its responsibility to perform the Services in accord with this Agreement, notwithstanding the County's knowledge of defective or non-complying performance , or the substantiality or ease of discovering the same . Funding Recipient shall provide the County with sufficient, safe, and proper facilities and equipment for such inspection and free access to such facilities. f. This contract is subject to review by any Federal or State auditor. Funding Recipient shall promptly furnish the County or its designee, or such Federal or State auditor with such information related to the Services as may be requested by the applicable governmental entity. Funding Recipient shall preserve and maintain all financial records and records relating to performance of Services under this Agreement for six (6) years after contract termination . For such duration after the County makes final payment of compensation due hereunder, Funding Recipient shall provide the County access to (and the County shall have the right to examine, audit and copy, with or without notice) all of Funding Recipient's books, documents, papers and Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 2 records related to the Services or this Agreement. g. Funding Recipient understands and acknowledges that Funding Recipient is solely responsible for its own reporting and accounting of all state, federal, social security, and local taxes, of every nature, arising from Funding Recipient's performance of this Agreement. All compensation received by the Funding Recipient will be reported to the Internal Revenue Service at the end of the calendar year in accord with the applicable IRS regulations. Section 4. Release, Indemnitv , and Hold Harmless. The County assumes no liability for the Funding Recipient's actions under this Agreement. Funding Recipient releases and shall defend, indemnify, and hold harmless the County, its officers and employees, agents, representatives, attorneys and/or volunteers, from and against all claims, costs, liabilities, damages, and expenses, (including, but not limited to, reasonable attorney fees) which arise or may arise or be alleged to arise out of or by reason of this Agreement including: • Any fault, negligence, strict liability or product liability of Funding Recipient in connection with the Services for this Agreement; • Any lien asserted upon any property of the County in connection with the Services for this Agreement; • Any failure of Funding Recipient, or of the Services, to comply with any applicable law, ordinance, rule, regulation, order, license, permit and other requirement, now or hereafter in effect, of any governmental authority; or • Any breach of or default under this Agreement by Funding Recipient. Section 5. Compliance with Public Records Law. a. In compliance with Washington's public records law, the County will retain copies of any documents associated with this Agreement, which may be required by law unless legally exempt from such retention, for any applicable legally required retention period. b. In the event a public records request is made to the County for documents created in relation to this Agreement, should legal uncertainty arise regarding the disclosability of any documents under federal or state public records laws, the County shall provide notice to Funding Recipient pursuant to Washington's public records act, chapter 42.56 RCW, to allow Funding Recipient to seek a court injunction. c. The County specifically shall not be liable to Funding Recipient for the County's release under public records laws of any documents not protected by trademark, copyright or other law. Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 3 Section 6. Industria] Lnsurance Waiver. With respect to performance of this Agreement and as to any claims against the County, its Additional Insureds, officers, agents and employees, the Funding Recipient expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to Funding Recipient's employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Funding Recipient. This waiver is mutually negotiated by the parties to this Agreement. Section 7. Insurance and Endorsements . a. The County may require through a request in writing that the Funding Recipient provide the County with a certificate, binder, or policy of liability insurance, acceptable to the County in an amount specified by the County. b. Such liability insurance shall be such as will protect Funding Recipient, its employees, agents and representatives , from all claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury (including death) or property damage that may result from performance of the Services or this Agreement, whether such performance is by Funding Recipient or any of its employees, agents or representatives. c. Should the County require such liability insurance, the Funding Recipient agrees to provide proof of insurance prior to commencing performance of this Agreement. d. Copies of the County 's written request and the insurance documents provided by Funding Recipient shall be attached to this Agreement and by this reference will be made part hereof. e. Where insurance is requested by the County, all liability insurance policies shall be endorsed to include the County as an Additional Insured and shall stipulate that the insurance afforded by the policies shall be primary insurance, and that any insurance, self-insured retention, deductibles, or risk retention trusts maintained or participated in by the Parties shall be excess and not contributory to any other insurance maintained by the County. Funding Recipient shall furnish the County a certificate of insurance with Endorsement as evidence that the required policies are in full force and effect. Section 8. Termination. The County may, by written notice thereof to Funding Recipient, terminate this Agreement as to all or any portion of the Services not yet performed, whether or not Funding Recipient is in breach or default. Upon receiving such notice of termination, Funding Recipient shall, except as otherwise directed by the County, immediately stop performing the Services to the extent specified in the notice. In the event the County terminates the Funding Recipient's Services, the Funding Recipient is obligated and hereby agrees to refund to the County all monies paid for Services not yet rendered by the Funding Recipient, if any , as of the date of the notice of termination . Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 4 Section g. Miscellaneous. a. Funding Recipient shall not (by contract, operation of law or otherwise) assign this Agreement or any right or interest in this Agreement without the County's prior written consent. b . This Agreement embodies the entire Agreement between the County and Funding Recipient , and supersedes any and all prior oral or written communications , proposals , conditions , promises , representations , or understandings regarding the Services. No change , amendment or modification of any provision of this Agreement shall be valid unless set forth in a written amendment to the Agreement signed by both parties. c. Notice for any purpose under this Agreement, except service of process, shall be given by the Funding Recipient to the Kittitas County Commissioners and the Kittitas County Public Works Director, 411 North Ruby, Suite 1, Ellensburg, WA 98926. For all purposes under this Agreement, any notice by the County to the Funding Recipient shall be given to the Funding Recipient's address provided on the signature page . Notice may be given by delivery or by depositing in the U.S. Mail, first class , postage prepaid, certified mail , return receipt requested. d. The section and paragraph headings of this Agreement are for reference convenience only and are not intended to restrict, affect or be of any weight in interpreting or construing the provisions of such sections or paragraphs. e. This Agreement may be executed in one or more counterparts and by facsimile, each of which will be deemed an original, but all of which together will constitute one and the same instrument. f. Funding Recipient warrants to the County that the individual signing on Funding Recipient's behalf has the requisite power and authority to enter into and to perform Funding Recipient's obligations under this Agreement. Funding Recipient further warrants to the County that Funding Recipient has made no misrepresentation or misleading statement in connection with this Agreement, and is not in violation of any applicable law, ordinance, or regulation the consequence of which will or may materially affect Funding Recipient 's ability to perform its obligations under this Agreement. g. If any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect the other terms, conditions or applications which can be given effect without the invalid term, condition or application . To this end, the terms and conditions of this Agreement are declared severable . h. The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be in Kittitas County, State of Washington. Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement PageS ~r-t"':~UNTY COMMISSIONERS Hl1 J 11 Commissioner APPROVED AS TO FORM : Deputy Prosecuting Attorney FUNDING RECIPIENT ~ Representative , I '1 W",s+ F'"'-rs+ S ~e'C-t­ Cl~ e:lum , W A-_ q 89;).2.. Address Telephone Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 6 Kittitas County Department of Public Works DISTRESSED COUNTY SALES AND USE TAX INFRASTRUCTURE IMPROVEMENT PROGRAM ApPLICATION The Distressed County Sales and Use Tax Infrastructure Improvement Program supports improvements to infrastructure systems that foster economic development in Kittitas County. The goal Is to create economic opportunity through Infrastructure investment. APPLICANT INFORMATION Applicant: City of Cle Elum Contact Name: Robert Omans Address: 119 West Second Street Address: City: Cle Elum WA Zip: WA98922 ----------------------------Telephone: 509.674.2262 FAX: 509.674.4097 E-mail Address:robert@cityofc1eelum.com Project Location: City of Cle Elum Jurisdiction Population: 1,870 (OFM2016) Project Title: First Street Stormwater Improvements (Updated 09/13/2017) Cle Elum Sales Use Tax Grant Application 6-13-2017 PROJECT BUDGET Table 1. Project Budset (Updated 9/13/2017) other Federal: $ 30,000 (PEl USDA (1018) $ S State: $ (PE: $ (f;N~ other County: $ ~PE: $ (aN , other local: $.1a.Z22 (PE) aty of a. Elum Comp'ete Streets (1017) ~C~) Of 'Clli ~ C9Mple~ Sir .. (20il) Private: $ (PE: (~N : other : $~ (PEl a. Elum D_ntown AaIOC. (2016) '$~(G;,i) a. EJum D_ntown AMoc . (2018) Project Total: (PEl 10H) Distressed County Fund Matching Ratio: (PE) % (CNI % city of Cle Elum: First Street stormwater Improvements 1018 Distressed County Sales and Use Tax Infrastructure Improvement Program Preliminary Enslneerll18 Right of Way Phase (PEl Phase $<17,500 $30,000 $13,200 $12,500 $103,200 25,1 % % % % CO~luclion PI\iIse (CN) Project Total $47,500 :. $30,000 $B,200 $s6;fOO • $~fiOO $l.UGO $16;000 • $l.ji;OOO $103,200 sjo;!211'0 $307.280 % 25.1 % 7J18 " 1.4\9 ~ Is Fund 1118 Secured -V orN7 V (PEl V(PE) Y(PE) ,V,(GNr V(PE) V{£N) $41(j,~80 3U~ ·Please explain other local type offunding: The City is comm~ted to utilizing $70,000 of city Funds (Complete Streetsl as match to the total project costs, The City was unsuccessful in securing the $750,000 CDBG grant as included in the original application and project budget table. As presented in the original application, the contingency strategy was phasing the construction as proposed in this updated plan, The First Street Stonnwater Improvements will still be designed in total as shown on Figure 1: Vicinity Map, but construction will only occur at the First StreetlPeoh Intersection, continuing westerly one block. Stonnwater improvements will continue to be constructed westerly with available funding as the City continues securing other funding for the balance of the project. Since several logical interim termini exist within the project limits, phasing will not adversely impact the Downtown Revitalization project as a whole, The City will utilize $70 ,000 of City Funds (Complete Streets) as match to the total project cost, in addition to Downtown Association contributions as presented in the Project Budget. Cle Elum Sales Use Tax Grant Application 6-13-2017 2 Figure 1. First Street Stormwater Improvements Vicinity Map 'i , \ - ~ Cle Blum Sales Use Tax Grant Application 6-13-2017 3 --- Downtown Revitalization Planning 1st Street Concept July 2017 Project Description The City of Cle Elum initiated a Downtown Revitalization Planning Project to enhance the appearance of 1st Street, increase economic development, and create a safe walkable streetscape consistent with their Complete Streets Ordinance. Stakeholders, business and property owners, residents, the general public, Planning Commission and City Council provided valuable input throughout the process. As a result, the Planning Commission recommended approval of a Preferred Alternative to City Council. On June 27, 2017 City Council unanimously adopted the Preferred Alternative by Resolution. This Alternative establishes a conceptual plan for street and parking configuration, streetscape amenities, and landscape improvements for 1st Street. The plan will be used to secure funding and guide future projects. Public Process 4/20/17 4/20/17 5/22/17 6/6/17 6/20/17 6/27/17 Walk and Talk Site Visit Focus Group Sessions 25 participants Key Stakeholder Workshop 28 participants City Council Planning Commission Study Session and Public Forum 32 participants Planning Commission Recommendation 20 participants City Council Adoption 45 participants Typical Block Section A Study Area Focus Group Session City Council Planning Commission Study Session and Public Forum Aa 100' · Site Furnishings Concrete Sidewalk Paving Pattern Bike Rack Typical Block Plan Landscapeforms Planter ,.--IVI/elD/c)c/( Crossing ~-.!i;eo~.on ,al Color Chateau Pedestrian Light double head at intersections Cantebury Designs Receptacle r Existing Conditions & Character Acknowledgments Mayor Honorable Jay McGowan City Council John Glondo Ken Ratliff Christine Simpson Mickey Holz Steven Harper Tom Hastings Ron Spears Consultants ~"'.HLA .t1't~oIIlta.Id~~1oc. B lANDSCAPE AROllTECTURE Planning Commission Kerry Clark Marc Kirkpatrick Debra Davis Theo Leonard Travis Harris Scotty Sewell City Staff Lucy Temple -Planner, Project Manager Robert Omans -City Administrator Jim Leonhard -Public Works Director