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HomeMy WebLinkAboutResolution_PF Agreement_City of RoslynKITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS AGENDA SESSION STAFF REPORT AGENDA SESSION DATE: April 7, 2026 ACTION REQUESTED: Request to Approve a Resolution to Award 2026 Distressed County Sales and Use Tax Funds and authorize execution of the 2026 Distressed County Sales and Use Tax Funds Infrastructure Improvement Program Agreement with the City of Roslyn. BACKGROUND: At the February 18, 2026, regularly scheduled Conference of Governments (COG) Meeting, the City of Roslyn, along with their consultant, presented to COG their proposal for a request to assist in funding the repair and/or replacement of the City of Roslyn’s Clear Wells. The City of Roslyn was awarded Public Works Board funding to further support this project. Based on the motion approved by the Conference of Governments, Public Works has prepared the 2026 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement with the City of Roslyn in an amount not to exceed $1,500,000.00. This funding became available on January 1, 2026. INTERACTION: Public Works; City of Roslyn RECOMMENDATION: Approve and Sign the Resolution to Award 2026 Distressed County Sales and Use Tax Funds and authorize execution of the 2026 Distressed County Sales and Use Tax Funds Infrastructure Improvement Program Agreement with the City of Roslyn HANDLING: Return one (1) original to Public Works ATTACHMENTS: Resolution; 2026 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement LEAD STAFF: Josh Fredrickson, Director of Public Works BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO: 2026- APPROVING THE 2026 DISTRESSED COUNTY SALES AND USE TAX INFRASTRUCTURE IMPROVEMENT PROGRAM AGREEMENT WITH THE CITY OF ROSLYN WHEREAS: The 1999 Legislature did pass RCW 82.14.370 Sales and Use Tax for Public Facilities in rural counties; and WHEREAS: These funds may only be used to finance public facilities serving economic development purposes in rural counties and finance personnel in economic development offices in the State of Washington; and WHEREAS: The 2026 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement with the City of Roslyn has been executed by said entity with funding available January 1, 2026; and NOW, THEREFORE BE IT RESOLVED: The Kittitas County Board of County Commissioners hereby approves the attached 2026 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement with the City of Roslyn. ADOPTED this 7th day of April 2026. Attest: ❑ Clerk of the Board- Julie Kjorsvik BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Cory Wright, Chairman Brett Wachsmith, Vice -Chairman ❑ Deputy Clerk of the Board- Mandy Buchholz Laura Osiadacz, Commissioner 2026 DISTRESSED COUNTY SALES AND USE TAX INFRASTRUCTURE IMPROVEMENT PROGRAM AGREEMENT BETWEEN KITTITAS COUNTY AND THE CITY OF KITTITAS This Contract, dated 01 +k2026 is made and entered into by and between KITTITAS COUNTY ("County"), a subdivision of the State of Washington, and THE CITY OF ROSLYN ("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 Work. a. Funding Recipient shall provide the services and staff described in its Attached Application for the City of Roslyn Clear Wells Repair and Replacement Project submitted to the Council of Governments, 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." Section 2. Payment. a. As full compensation for satisfactory performance of the Funding Recipient Services, the County agrees to pay Funding Recipient the sum of one million five hundred thousand dollars ($1,500,000.00). 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 County Public Works Attn: Joyce White 411 North Ruby, Suite 1 Ellensburg, WA 98926 ioyce.white cDco.kittitas.wa.us Distressed County Sales and Use Tax Infrastructure improvement Program Funding Agreement 1 d. Timely and accurate financial reporting is required for fund management by Kittitas County Department of Public Works. Financial reporting requirements for all grant awards are listed below: 1. Using Kittitas County Department of Public Works reporting forms, applicants will submit project status reporting forms within fourteen (14) calendar days from the end of the reporting quarter as specified below: • Quarter 1 ending date: March 31s' • Quarter 2 ending date: June 3011 • Quarter 3 ending date: September 30'" • Quarter 4 ending date: December 315t Recipients may submit reimbursement requests on a monthly basis on Kittitas County Department of Public Works reporting forms. 2. Grant recipients who fail in meeting required reporting requirements are subject to having funding withheld on the fifteenth (15'h) day following the end of the reporting quarter. Failure in submitting the required project status reports (two consecutive reporting cycles) may result in award cancellation upon COG review. 3. Financial reporting forms shall be signed by the identified grant official or designee. 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. Distressed County Safes and Use Tax Infrastructure Improvement Program Funding Agreement Page 2 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. 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 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. h. The Funding Recipient shall obligate funding towards construction of the project no later than six months from the time of grant execution (providing the Funding Recipient has not submitted the project as being "banked" — COG Policy 2018-05). Obligation is expected to take two forms: consultant contracting or contractor award. Presuming the COG recommends a design only phase of a proposed Public Facility grant, obligation requirements are met on the date of Funding Recipient signature on consultant design contract(s). COG recommended construction awards will complete obligation requirements on the date of Funding Recipient signature on construction contracts. Failure in obligating grant awards within the prescribed timeframe results in the grant award being remanded back to COG for recommended re -purposing by the Board of County Commissioners. i. The Funding Recipient is obligated to follow Public Facility Fund COG policies in effect at the time of grant award as reflected in the Resolution signature date authorizing recipient contracting. COG policies may be obtained from the Department of Public Works (509) 962-7523. Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement 3 Section 4 Release Indemnity, 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. Section 6. Industrial Insurance 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. Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement 4 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. Section 9. 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 Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement 5 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 6 KITTITAS COUNTY BOARD OF COUNTY COMMISSIONERS Cory Wright, Chair Brett Wachsmith, Vice -Chair Laura Osiadacz, Commissioner Dated: Attest: ❑ Clerk of the Board- Julie Kjorsvik ❑ Deputy Clerk of the'Board- Mandy Buchholz APPROVED AS TO FORM: Deputy Prosecuting Attorney CITY OF ROSLYN R r i ' ktafil Address 50a - �,�Q- 31OS Telephone mail Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement FA Kittitas County Department of Public Works 2026 Application 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 Roslyn Contact Name: Michelle Geiger Address: 201 S.1st Street City: Roslyn Telephone: 509-649-3105 E-mail Address: piannerc@ci.rosiyn.wa.us Office Location: City Hall, Roslyn WA Project Name: Clearwell Improvements Jurisdiction: City of Roslyn Funds Request: $1,507,500 WA Zip: 98941 FAX: APPLICATION THRESHOLDS Applicant Requirement: Check -off: ® 1. The project is improvement to an infrastructure system(s) linked to economic development. ® 2. A detailed 8'/: X 11" vicinity map that clearly shows the project is included in the application package. ® 3. Distressed County funds are not being substituted for other funds that are already secured. ® 4. The project involves traditional improvements, instead of "non-traditional" improvements eligible for "Enhancement" funding ® 5. Applicant has submitted only one application this round. 0 6. The local/regional economic development organization has been informed of the project. ' y f�D 1•j b9 69 a D y9 O t/A � 11 D b p Od S c ti C W cyl o C O C tsJ t0 n a is o z S n o as a Do o o' tA 46nez- tiro z N N O�Q ro�.A�.. u0, o Spa CD o o " o• a s ads 0 iA 6n se be v3 ds 14 z ro? D z o a A o �e o bs ds Es, se o 4 cn "ti o -1 yit G O O e•Sm A O O C3 o EA (�9 69 be b9 to b9 � OD U7 v O CD 0 f' P 00 O O CA 00 rr � O n O a fbrA O oa04 '1 z z Z Z z •t C z¢c. • � o k °a tJ J PROJECT NARRATIVE I. Project Description: Describe the scope of work. indicate the major work involved, including a brief comparison of existing and proposed conditions. The City conducted several inspections of the clearwells including Clear Well 1 interior and exterior inspection in November 2025, Clear Well 2 exterior inspection in December 2023 and Clear Well 2 interior inspection in April 2024. The inspections and corresponding technical memorandums reveal that both clearwells are leaking and in need of repair or replacement. The clearwells currently have shortened service life due to potential for deterioration and eventual failure. The project will complete desiqn engineerinq and construction of a new clearwell and the 13 2. Explain how the infrastructure project will help meet the economic development goals of your community and/or region. If this project is not done, will the anticipated private development still take place? The clearwells are vital to the treatment process for the service area's drinking water. If one of the clearwells were to fail, a new clearwell or treatment alternative would need to be considered which would require considerable time and resources resulting in unplanned system downtime and service disruptions. Any private development could not occur if the clearwells are not in operation. Rehabilitation and replacement of the clearwells is the most cost effective solution to the problem at hand and provides much improved service life to the treatment system ensuring the existing system can continue to operate and future developments will have available resources to be completed. 3. Indicate if the project is consistent with the following applicable state, regional and local plans and prioritization processes: n Overall Economic Development Plan — Officially Adopted ® Comprehensive Land Use Plan — Officially Adopted June 2019 ® Capital Facility Plan — Officially Adopted October 2015 Q Community Action Plan (or other community -based plan) — Officially Adopted ® Six -Year Transportation Improvement Plan —Officially Adopted B Site -specific development plans; e.g., Community Master Plan — Officially Adopted 0 Other 2025 Water System Plan 4. Public Benefit: Please describe the public benefit derived from project completion. The clearwells are integral to the water treatment process for the water system. They provide both standby storage and contact time for disinfection. Without functional clearwells the drinking water would be non -potable for public use. The existing clearwells are leaking and have significant concrete failures that could lead to failure of the structures. o 5. Define the total number of project partners demonstrating project support. Although the City is the sole partner in the project, the City of Ronald is a recipient of the treated water from Roslyn and is in support of completing the project to provide continued water services. 6. Explain how construction ready this infrastructure project is relative to design completeness and the permitting process. The City has completed several evaluations of the clearwells to define the necessary scope of work for design engineering. The request includes funding for design and any permitting required. 7. Indicate the Estimated Number of Short Term and/or Permanent Jobs Created/Retained by the Project. The project will add short term jobs during construction. The project will ensure the City Public Works dept retains jobs related to the operations and maintenance of the water utility. NOTE: Supplemental materials, including transmittal letter, are limited to a maximum of twenty (20) pages single sided or ten (10) pages doubled sided including all graphics. Submittals shall be 12-point font. COG reserves the right to decline review of submittals that exceed the stipulated length or fail to provide sufficient font size. Submit the original application to: Kittitas County Department of Public Works 411 N. Ruby, Suite #1 Ellensburg, WA 98926 And to: candie.leader@co.kiftitas.wa.us M Applicant Certification Certification is hereby given that the information provided is accurate and the applicable attachments are complete and included as part of the application package. I certify that application thresholds are met at the time of application. ( SA"�� nature of Official epresentative Sponsoring Agency (If Applicable) Signature of Agency Representative Typed or Printed Name ,,�- / 7, Date Date Date Associate Economic Development Organization Notification The organization listed below has received notification of this project as demonstrated by the signature of the organization's representative. Name of Organization Signature of Representative Date