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