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HomeMy WebLinkAboutL - R2026-064BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION No: 2026-0.lhtf 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 economlc development purposes in rural counties and finance personnel in economic development offices in the State of Washington; and WHEREAS: The2026 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 I, 2026; and NOW, THER-EFORE BE IT RESOLVED: The Kittitas County Board of County Commissioners hereby approves the attached 2026Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement with the City of Roslyn. ADOPTED this 7th day of April2026. BOARD OF COLINTY COMMISSIONERS KITTITAS , WASHINGTON Julie Kjorsvik Clerk of the Board- Mandy Commissioner C,O ur 7 tl(-rrLnI 2026 DISTRESSED COUNTY SALES AND USE TAX INFRASTRUCTURE IMPROVEMENT PROGRAM AGREEMENT BETWEEN KITTITAS COUNTY AND THE CITY OF KITTITAS This Contract, dated 2a26 is made a nd entered into bY and between KITTITAS 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 Redpient mutually agree as follows: Section 1. Scooe of Work. a. Funding Recipient shall provide the services and staff described in its Attached Applicition for the City of Roslyn Clear Wells Repair and Replacement Project submitteO to the Council of Governments, as Exhibit "A" which is attached hereto and incorporated herein by this reference. b. Except as othenrvise 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 io be performed, by Funding Recipient under this Agreement are collectively referred to herein as "Services." Section 2. Pavment. 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 iovce.white@co.kittitas,wa.us Distressed County Sales and Llse Tox lnfrostructure lmprovement Program Funding Agre"rFEEt" , d. Timely and accurate financial reporting is required for fund management by Kittitas Couniy Department of Public Works. Financial reporling 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 quafter as specified below: . Quarter 1 ending date: . Quarter 2 ending date: . Quarter 3 ending date: . Quarter 4 ending date: March 31't June 30th September 30th December 31't 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 fundinq withheld on the fifteenth (1Srhl dav followinq lhe end of the reportins ouarter. Failure in submitting the required project status report. (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. Pedormance bv Fundinq Recipient. a, Funding Recipient shall not (by contract, operation of law or othenrvise) delegate or subconiract 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. ln no event shall Funding Recipient be_aulhorized to enter into any Agreement or undertaking for or on behalf of the County. lt 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 iurnish 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 Sales dnd Llse Tdx tnfrostructure tmprcvement Program Funding Agre"lfllt" , d. The County and the Funding Recipient agree that in fulfilling the terms and conditions of this Agreement neitfr"r 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 relLve Funding Recipient of its responsibility to perform the Services in accord wilh this Agreement, notwithstanding the County's knowledge of defective or non-complying performance, or the substantiality or ease of discovering the same. Funding decipient shall provide the County with sufficient, safe, and proper faciliiies 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 prornptly 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 recordi relating to performance of Services under this Agreement for six (6) years after contract teri-rinaiion. For such duration after the County makes final payment of compensation due hereunder, Funding Recipient shall provide the bounty access to (and the County shall have the right to examine, audit and copy, with or without noiice) 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" ,"*poniible foi its own reporting and accounting of all stale, federal, social security, and local taxes, of every nature, lrising from Funding Recipient's performance of this Agreement- All comflensation received by the Funding Recipient will be reported to the lnternal 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 sii monihs 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 contractolaqSrd. presuming the COG recommends a design only phase of a proposed Public Facility grant, oblilation requirements are met on the date of Funding Recipient signature on 6o nsultanidesig n contract(s). COG recom mended construction awards wi ll complete obligalion 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. The Funding Recipient is obligated to follow Public Facility Fund COG policies in effect at thJtirne of grant award as reflected in the Resolution signature date authorizing recipienicontracting. COG policies may be obtained from the Department of Public Works (509) 962-7523. Distressed County Soles and lJse Tax tnfrdstructure lmprovement Program Funding On'""tr&&L t Section 4. Release, lndemnitv. 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 officeri and employees, agents, representatives, attorneys and/or volunteers, from and against all claims, iosts, liaOilities, damages, and expenses, (including, but not limited to' rjasonable attorney fees) which arise oi may arise or be alleged to arise ot-tt 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 Agreemeni; r Any lien asserted upon any properly 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. ln 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 ,ni"r. legally exempt from such retention, for any applicable legally required retention Period. b. ln 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 documen-ts under federal oi 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. lndustrial lnsurance Waiver. With respect to performance of this Agreement and as to any claims against ihe County, its Additional lnsureds, otficers, agents and employees, the Funding Recipient expressly waives its immunity under Title 51 of the Revised Code of Washington, the lndustrial lnsurance Act, for injuries to Funding Recipient's employees and agrees that the obligations to indemnify, defenO 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 Soles and lJse Tax lnfrastructure lmprovement Progrdm Funding Agr""910L C Section 7. lnsurance and Endorsements. a. The County may require through a request in writing that the Funding Recipient provide tfre County wltfr a cerlificate, 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, liabilitigs, damiges and expenses arising out of personal injury (including death) or property Oamage that may result from performance of the Services or this Agieement, whLther 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 Agreemenl 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 is an Additional lnsured 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 maintalned by the County, Funding Recipient shall furnish the County a certificate of insurance with Endorsement as evidence that the required policies are in fullforce and effect. Section 8. Terrnination, 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 oi default. Upon receiving such notice of termination, Funding Recipient shall, except as otheruuise directed by the County, imrnediately stop performing the Services to the extent specified in the notice. ln the event the County terminates the Funding Recipient's Services, the Funding Recipient is obligated andiereby 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 othenruise) 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 Recipie-nt, 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 Sdles ond lJse Tax lnlrostructure lmprovement Progrom Funding Agr"'130L t 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 Frindilrg Recipient to the Kittitas County Commissioners and the Kittitas [ounty -Public WorkiDirect.or, 411 North Ruby, Suite 1, Ellensburg, WA 98926' For all purpoi". under this Agreement, any notice by the County to the Funding Recipient in"tt U" given to the Funding Recipient's address provided on the signature page' Notice miy 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 unO "i" 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 oiwhich 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 Recipie"nt's behalf has the requisite power and authority to enter into and to perform funding Recipient's obligations under this Agreernent. . Funding Recipient further warrants to the County i-hat Funding Recipient has made no misrepresentation or misleading statement in connection witn tfris Agreement, and is not in violation of any applicablJ 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. lf any term or condition of this Agreement or the application thereof to any person-(s) or" circurnstances is held invalid, suih invalidity shall not affect the otherterms, 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 lhis Agreement or any of its terms shall be in Kittitas County, State of Washington' Distressed county soles and llse Tox lnfrqsvucture lmprovement Program Funding Agre"'FEEL t Chair KITTITAS COUNTY CITY OF ROSLYN BOARD OF C COMMISSIONERS rr Address 50q.6qq - 3105 Commissioner Telephone Dated Dated; Attest: fcterxof (he Board- Julie fl Deputy Clerk of the Board- Ma APPROVED AS TO FORM: Deputy Prosecuting AttorneY B q( lpo..ug b c0l SEAL ry Distressed County Soles and lJse Tox lnlrostucture lmprcvement Program Funding Agre"T11L , 4 Kittitas County Department of Public Works 2026 Application DTSTNNSSED COUNTY SALES AND UST TNX INTruSTRUCTURE IMPROVEMENT PNOCNNM APPLICATION The Distressed County Sales and Use Tax Infrastructure lnfrastructure systems that foster economic development opportunity through Infnnstructure investment. Improvement Program supports improvements to in icittitas County. The goal is to create economic APPLICANT INFORMATION Applicant: Contrct Namc: Address: City: Telenhone: &mail Address: Ofllce Location: Projcct Neme: Jurisdiction: Funds Requestr City of Roslyn Mlchelle Geiger 201 S. 1st Slreet Roslyn 509,649-3105 , planner@ci.roslyn.wa.us City Hall, Roslyn WA , Clearwell lmprovemants City of Roslyn $1,507,500 WAZip: FAX: 98941 APPLICATION THRESHOLDS Appllcent Requlremcnt: Check-offt g 1. The project is improvement to an infrastructure system(s) linked to cconomic development. g 2. A detailed 8 % X 11" viclnity map that clearly shows thc project is included in the application packege. gt g g 3. Distressed County funds are not belng substltuted for other funds that are already securcd. 4, The project involves traditionrl improvements, instead of "non-traditional" improvements eligible for "Enhancementtt fundlng 5. Applicant has submitted only one appllcation this round. 6. Thc locaUreglonal economic development organization has been informed of the project t ?, PROJECT BUDGET Funding Sources Preliminary Engineering Phase Right ofWay Phase Construction Phase Project Total Is Funding Secured -Y or N? Distrqssed County Funds Requested: lB r,soz soo $ 1,507,500 $ 1,507,500 N Other Federal:$ r.ttR $ State:$ Local Government$ tez.soo $ 167,500 $ 167,500 $$ Privnfe:!R ura $ 125,000 $ 125,000 *Other:$125.000 (PWB, oendino) $ 125,000 $$ 1,67s,ooo $ 1,goo,ooo Project Total: Distressed County Fund Matching Ratio: N/A %N/A v"10 "1n 'lO **Note: Your Distressed Coanty Fund matehing ratio must be ot least or greoter thon I0% in order to qualify for funding consideration. The COG will not consider any requests which do not provide at leost I0% matchingfundsfrom a local source $ $ $ $ $ $ $ $ $ $ $ N N Y N N $$ $$ o,to 2 t PROJECT NARRATIVE l. ProJectDescription: Dcscribclhcscopcofwork. lndicntcthemnjorworkinvolvedrincludingabriefcomparisonof exlsting rnd proposed conditlons. The City conducted several inspections of the clearwells including Clear Well 1 interior and exterioi inspection in Novemb e,r 2025, Clear Well 2 exterior inspection in Decembet 2023 and Clear Well 2 interior inspection in April 2024. The inspections and corresponding technical memorandums revealthat both clearwells are leaking and in need of repair or replacement. The clearuells cunently have shortened service life due to potentialfor deterioration and eventual failure. The proiect will complete design engineerinq and construction of a new clearwell and the 2. Explrin how the infrrstructure proJect will help meet the economic development goals of your community and/or region. lf this project is not done, will thc rntlciprted prlvaie development still teke plrce? The cleanrrlells are vital to the treatment process for the service area's drinking water. lf one of lhe clearwells were to fail, a new cleanrell or treatment allernative would need to be considered which would require considerable time and resources resulting in unplanned syslem downtime and service disruptions. Any private development could not occur if the cleanrells 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 lhe treatment system ensuring lhe existing system can continue to operate and future developments will have available resouross to be completed. 3. lndicrte ifthe project is consistent with the following applicable strte, regional and locrl plrns and priorilizalion processes: E Overall Economlc Development Plen - Ollicially Adoptcd- g Comprehensive Lrnd Use Plan - Oflicielty Adopted June 20'19 g Capital Facillty Plan - Oflicially Adoptcd E CommunityActionPlan(orothercommunity.brsedplen)-olliclrllyAdopted- E Sir-Year Transportrtlon lmprovement Plan - Oflicially AdoPted- EI Slte-specific developmcnt plans; e.g., Community Master Plnn - Ollicially Adopted Other 2025 Waler Svslem Plan It J |rr 4. Public Benefit: Please describe the public benefit derived from project completion. l. 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 cleanruells ihe drinking water would be non-potable for public use. The existing cleanruells are leaking and have significant concrete failures that could lead to failure of the structures. E 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 projcct is relrtlve to design completeness and the permitting proce$s. 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. lndicate the Estimeted Number of Short Term and/or Permanenl 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 l2-point font. COG reseryes the right to decline review ofsubmittals that exceed the stipulated length or fall to provide suflicient font size. Submit the original application to: Kittitas County Department of Public Works 411 N. Ruby, Suite #1 Ellensburg, WA 98926 And to: 4 candie.leader@co.kittitas.wa.us J ,f 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 certifr that application thresholds are met at the time of application. re of Date Sponsoring Agency (If Applicable) Signature of Agency Representative Date Typed or Printed Name Date Associate Economic l)evelopment Organization Notilication The organization listed below has received notilication of this project as demonstrated by the signature of the organizationts representative. Name of Organization Signature of Representative Date a 5