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HomeMy WebLinkAbout04/21/2020 04J MOU with YMCA for SIED Funds;Yakima Rotary YMCA FacilityB US INE S S O F T HE C I T Y C O UNC I L YAK I M A, WAS HING T O N AG E ND A S TAT E M E NT I tem No. 4.J . F or Meeting of: April 21, 2020 I T E M T IT L E :Resolution authorizing a Memorandum of Understanding with the YMC A of Yakima relating to the S I E D funds allocated by Yakima County to the City of Yakima for the Yakima Rotary YMC A facility S UB M IT T E D B Y:J eff Cutter, City Attorney S UM M ARY E X P L ANAT I O N: On December 17, 2019, the City Council approved a S I E D Contract between the City and Yakima County to have the City act as a pass through agent for S I E D funds to the YMC A . T his Resolution would authorize the I nterim City Manager to sign the MO U which will facilitate the pass through of the S I E D funds. I T E M B UD G E T E D:Yes S T RAT E G I C P RI O RI T Y:NA AP P RO V E D F O R S UB M IT TAL B Y T HE C IT Y M ANAG E R RE C O M M E ND AT I O N: A dopt resolution AT TAC HM E NT S : Description Upload Date Type Resolution - SIED-YMCA 3/26/2020 Resolution MOU 4/10/2020 Cover Memo exhibit 1 4/10/2020 Cover Memo 1 RESOLUTION NO. R-2020- ________ A RESOLUTION authorizing a Memorandum of Understanding with the YMCA of Yakima relating to the SIED funds allocated by Yakima County to the City of Yakima for the Yakima Rotary YMCA facility. WHEREAS, the Supporting Investments in Economic Diversification (SIED) Board reviewed an application from the YMCA of Yakima for SIED funding and determined that the applicant and project met the SIED fund qualifications; and WHEREAS, the SIED Board recommended, and Yakima County agreed to grant to the City of Yakima, as a pass through agent only, $1,000,000 to grant to the YMCA of Yakima for certain facility improvements as outlined in the SIED Contract previously approved by the City Council on December 17, 2019; and WHEREAS, the YMCA of Yakima wishes to accept the grant funds and the City of Yakima wishes to grant the SIED Funds once all necessary steps are taken; and WHEREAS, this MOU is necessary to facilitate the transfer of the SIED grant funds from Yakima County to the YMCA of Yakima; and WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of the City and its residents to enter into an MOU to facilitate the pass through of SIED funds appropriated from Yakima County to the YMCA of Yakima; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the Memorandum of Understanding relating to the SIED funds allocated by Yakima County to the City of Yakima for the Yakima Rotary YMCA facility which facilitates the pass through of SIED funds appropriated by Yakima County to the YMCA of Yakima. ADOPTED BY THE CITY COUNCIL this 21st day of April, 2020. Patricia Byers, Mayor ATTEST: Sonya Claar-Tee, City Clerk 2 1 MEMORANDUM OF UNDERSTANDING Relating to the SIED funds allocated by Yakima County to the City of Yakima for the Yakima Rotary YMCA facility This MEMORANDUM OF UNDERSTANDING (the “MOU”) is entered into by and between the Young Men’s Christian Association of Yakima (the “YMCA”) and the City of Yakima to facilitate the pass through of Supporting Investments in Economic Diversification (SIED) funds appropriated by Yakima County. 1. General. a. Purpose. The purpose of this MOU is to facilitate the pass through of SIED funds from Yakima County to the YMCA through the City of Yakima, as dictated by the SIED Contract entered into between Yakima County and the City of Yakima on or about December 17, 2019, a copy of which is attached hereto as Exhibit “1” and fully incorporated herein (referred to herein as “SIED Contract”). b. Intent. The Parties intend that the SIED funding in the amount of one million dollars ($1,000,000.00) be passed through the City of Yakima from Yakima County to the YMCA for the costs outlined in Appendix A to the SIED Contract. The Parties acknowledge that the only responsibility of the City is to pass through the funds from Yakima County to the YMCA. 2. Terms and Conditions. a. YMCA agrees that the City is solely a pass through agent to provide the SIED funds to the YMCA. The City has no obligations other than to accept SIED funds from Yakima County and transfer them to the YMCA. b. The City shall transfer the SIED funds in one lump sum payment of $1,000,000.00 to the YMCA as allowed by the SIED Contract and after appropriate accounting steps have been taken by the City. c. The YMCA is solely responsible for adhering to the terms and conditions associated with the SIED funding, as outlined in Exhibit “1” and specifically those matters listed in Appendix A to Exhibit “1.” The YMCA shall hold the City harmless and indemnify the City, its elected and appointed officials, officers, agents and volunteers from any claim for damages associated with YMCA’s use or misuse of the SIED funds. d. YMCA agrees that the SIED funds can be expended for no purpose other than paying for infrastructure costs as outlined in Appendix A to the SIED Contract. YMCA is solely liable for any damages or the need to repay Yakima County in the event the YMCA uses SIED funds for anything other than those uses outlined in the SIED Contract and Appendix A thereto. e. YMCA shall provide all documents necessary to provide proof to the City or Yakima County that the SIED funding was spent in accordance with the SIED Contract. YMCA acknowledges that the City has no requirement to verify whether the proposed use of the funds complies with the law but that it is the YMCA’s sole responsibility to provide such proof. f. YMCA agrees that the City shall not be responsible for, or required to, repay SIED funds to Yakima County in the event the funds are not properly used or administered. g. YMCA shall maintain record and documents associated with this MOU, and all records pertaining to this MOU and the use of the SIED funds provided by Yakima County to the YMCA shall be retained by the YMCA for a period of seven years after final audit, unless a longer period is required to resolve audit findings or litigation. YMCA shall 3 2 grant access to the City, Yakima County, or any other authorized representative of the state and/or federal government to any books, documents, papers and records of the YMCA, which pertain to this MOU, the use of the SIED funds provided by Yakima County, and the work done with the SIED funds. This section of the MOU shall survive the termination of the MOU. 3. Indemnification and Hold Harmless. The YMCA shall protect, defend, exonerate, and indemnify and hold harmless the City, its elected and appointed officials, agents, officers, volunteers and employees from and against any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits and other proceedings, causes of action, and all judgments, awards, damages, costs and expenses of any kind or nature whatsoever, including, but not limited to, attorneys’ fees, disbursements and court costs, arising out of, relating to, or connected with the work done pursuant to the SIED Contract and Appendix A or this MOU, any work done with SIED funding by the YMCA related to the SIED Contract, Appendix A or this MOU, or any violation of the terms and conditions of the SIED Contract, Appendix A or this MOU. 3. Miscellaneous. a. Term and Termination. The term of this MOU will start when signed and end when the SIED grant funds are transferred to the YMCA. The YMCA may terminate this MOU by providing written notice to the City that the grant funds are rejected prior to the transfer of the funds to the YMCA. b. Independent Contractor. The relationship of the City to the YMCA shall be that of an independent contractor. The YMCA shall have no authority to execute contracts or to make commitments on behalf of the City and nothing contained herein shall be deemed to create the relationship of employer and employee or principal and agent between the City and YMCA. The City’s sole requirement and responsibility in this Contract is to pass through SIED funds from Yakima County and the YMCA. All work to be performed with the SIED funds have been performed by the YMCA or under its supervision. c. Compliance with Law. YMCA agrees to perform the work, and acknowledges that the work that was performed, is in full compliance with any and all applicable laws and regulations. d. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties at their addresses as follows: TO YMCA: Bob Romero, President YMCA of Yakima 5 North Naches Avenue Yakima, WA 98901 Telephone Number: TO CITY: City Manager City of Yakima 129 North 2nd Street Yakima, WA 98901 (509) 575-6000 4 3 Or to such other addresses as the parties may hereafter designate in writing. Notices shall be sent by certified mail, postage prepaid, or hand delivered. e. Governing Law. The laws of the State of Washington govern this MOU. If federal jurisdiction exists, the Parties consent to exclusive jurisdiction and venue in the federal courts in Yakima County, Washington. If not, the parties consent to exclusive jurisdiction and venue in the Superior Court of Yakima County, Washington. f. Assignment. No Party can assign this MOU without the other Party’s prior written consent. g. Waiver. A Party’s delay or failure to exercise any right or remedy will not result in a waiver of that or any other right or remedy unless expressly waived in writing. h. Survival. Any provisions of this MOU which impose an obligation after termination or expiration of this MOU shall survive the term or expiration of this MOU and shall be binding on the parties to this MOU after termination or expiration, including, but not limited to, Section 3: Indemnification and Hold Harmless. i. Severability. If any portion of this MOU is held invalid, the remainder of the MOU shall remain in full force and effect. This MOU has been executed by the Parties through their duly authorized officers, dated this _______ day of ___________________, 2020. CITY OF YAKIMA YMCA Alex Meyerhoff, Interim City Manager Bob Romero, President ATTEST: Sonya Claar Tee, City Clerk 5 SIED CONTRACT YC-YAC-19 YAKIMA COUNTY and BOCC Agreement CITY OF YAKIMA Aquatics Center Infrastructure) 3 5 4 - 2 0 1 9 1. PARTIES Yakima County, WA This Supporting Investments in Economic Diversification (hereinafter referred to as SIED) Contract is made by and between Yakima County (hereinafter referred to as the County)whose address is 128 North Second Street,County Courthouse, Room 232, Yakima,Washington 98901, and the City of Yakima (hereinafter referred to as the City) whose address is 129 N 2ed Street, Yakima, WA 98901. Notices between the parties shall be made where and as provided for on Page 7, Section 22,NOTICES. 2. TERM This Contract takes effect upon execution hereof by the authorized representatives of both parties and continues in effect as required under Section 5, MUTUAL CONSIDERATION, or until terminated as provided for in Section 8, SUSPENSION, TERMINATION, AND CLOSEOUT. 3. PURPOSE The purpose of this Contract is to provide funds to pay for the previous construction of certain infrastructure improvements (hereinafter referred to as the Project, See Appendix A) using certain County funds specifically designated for such infrastructure. The Project funds identified in this Contract will compensate the costs of certain completed infrastructure improvements described in Appendix A that were necessary for the YMCA/Aquatics Center Complex located at the City of Yakima owned park. 4. RECITALS A. The Parties make this Contract based on and in recognition of certain relevant facts and circumstances including: B. Sales and use taxes are collected in and for the County under authority of RCW 82.14.370 and Yakima County Code 3.10.010 for the purpose of financing public facilities in the County, and the proceeds are deposited in the Yakima County Infrastructure Fund (also referred to as SIED Fund), according to YCC 3.10.040. The County has determined that the YMCA/Aquatics Center Complex is a public facility for purposes of RCW 82.14.370. C. The City previously has applied for and received SIED funds for the purpose of improving River Road,which serves as the primary means of access to the Project. The River Road improvements have been completed but the parties recognize that there is a need for additional funding to compensate the cost of additional now completed infrastructure improvements (the Project) to the YMCA/Aquatic Center Complex, separate from the River Road infrastructure improvements. Page 1 of 10 Contract Na.YC-YAC-19 Exhibit 16 D. Given that the Project is one of regional significance that will substantially improve the quality of life for the citizens of the City of Yakima and Yakima County,Yakima County, with support from the SLED Board,has determined that it is appropriate,and in compliance with RCW 82.14.370, to make an additional investment in the Project in the form of additional grant funding that it wishes to pass through the City of Yakima to the Project. This grant is intended to compensate the YMCA for the costs of the now completed infrastructure improvements of the Project, exclusive of the upgrades to River Road. These improvements include,but are not limited to, necessary site work, utilities,parking surface materials,parking lot lights, sidewalks and other infrastructural improvements. A complete list of the eligible infrastructure Project costs is included in Appendix A. E. The Project has been paid for through a combination of City, private, and County funds, including this$1,000,000.00 from the SLED Fund to be in the form of a grant. F. Yakima County will provide the additional SIED funding to the YMCA, through the City of Yakima, who will act as a pass through only, with the clear understanding that these funds can be expended for no purpose other than paying for infrastructure costs related to the Project and specified in Appendix A. G. RCW 82.14.370 was adopted to serve the goals of promoting business in rural distressed areas, providing family wage jobs and the development of communities of excellence in such areas,and the parties expect the Project to further these goals. H. RCW 43.160 and 43.160.020 adopted and amended for related purposes with those of RCW 82.14.370,define public facilities to mean a project of a local government,to include various infrastructure, buildings, and works. The public facility must be listed as an item in the officially adopted county overall economic development plan, or the economic development section of the county's comprehensive plan, or the comprehensive plan of a city or town located within the county (RCW 82.14.370(3)(a). The County and the SIED Board have determined that the Project complies with said statutes. The YMCA facility is not specifically listed in the City of Yakima Comprehensive Plan. 1'he City,as the pass through agent,is not required to independently verify whether the proposed use and Project complies with the statutes referenced herein,and the County and SIED board will hold the City harmless and indemnify it from any claims that the use of the money by the YMCA violates the law. The County, under authority of RCW 36.01.085, and by agreement of February 19, 1999, has engaged the Yakima County Development Association, hereinafter "YCDA", also known as Choose Yakima,to provide administrative and technical assistance in furtherance of the County's economic development. J. The County created the SIED Board to review applications for grants from the SIED Fund and make recommendations for SIED Fund investments based on commitment of other funds,potential for resulting job creation,quality of life, and other factors. K. The County submits that YDCA has investigated the Project and specifically the completed elements identified in Appendix A and has assisted in preparing the application for SIED funds,and the SIED Board has reviewed the application for SIED funds and has recommended approval. Page 2 of 10 Contract No.YC-YAC-I9 Exhibit 17 L. The SIED Fund balance is sufficient to make the requested contribution to the Project. M. RCW 39.34 authorizes interlocal agreements whereby municipal governments may jointly exercise the powers granted to each. 5. MUTUAL CONSIDERATION A. COUNTY GRANT—The County shall grant One Million Dollars and Zero Cents 1,000,000.00) to the City for the sole purpose of passing the funds on to the YMCA for the payment of the costs of the completed work identified in Appendix A hereto, for the benefit of the Project described herein.The City must not use these grant funds to reduce their contributions to the project it has already contractually committed. In the event the City breaches its obligation to pass the funds provided herein onto the YMCA for payment of costs associated with the completed work described in Appendix A. the City will be expected to immediately repay the grant to the County. This grant shall be by County warrant drawn on the SIED Fund and payable to the City within 30 days of the County's receipt of 1) a signed copy of the YMCA Project engineer's certificate that 100 percent of the work on the Project has been completed and 2) the YMCA's invoice for said grant. The above contract provision is specifically bargained for by the County and the City agrees to it. The parties agree that in the event that this contract term is invoked by the County that it will hold the County harmless and release the County from any and all claimed actual and/or consequential damages that may result from the County's decision to withhold the Grant funds if the YMCA does not meet the 100 percent completion requirement. In the event the City breaches the intent of this agreement,the City shall repay the County's Grant of any unused portion of the Grant funding from Yakima County not spent on eligible costs for the Project as identified in Appendix A. B. OWNERSHIP AND USE—The YMCA shall construct, own, maintain, and operate the Project as a part of its private infrastructure for economic development, available for use by the patrons visiting the YMCA and Aquatic Center facilities. The YMCA may also permit the use of the Project by the County and its departments on like terms with other users, at such time as the Board of Yakima County Commissioners may deem expedient. For purposes of this paragraph, ownership, maintenance, and operation of the Project or any portion thereof by another municipality, under any conveyance or dedication, which is subject to and preserves the County's right of use, shall be deemed ownership, maintenance,and operation by the City. 6. RECORDS,REPORTS AND AUDITS The City agrees to maintain such records, make such reports,and follow such procedures as may be required by the County,pertaining to this Contract. All records pertaining to this Contract and work undertaken hereunder by the City shall be retained by the City for a period of seven years after final audit unless a longer period is required to resolve audit findings or litigation. The Page 3 of 10 Contract No.YC-VAC-I9 Exhibit 18 County and other authorized representatives of the State and Federal government shall have access to any books, documents,papers,and records of the City,which pertain to this Contract or work undertaken hereunder in possession of the City for the purpose of making audit, examination,excerpts,and transcriptions. 7. RELATIONSHIP OF PARTIES AND AGENTS A. The relationship of the City to the County shall be that of an independent contractor rendering professional services.The City shall have no authority to execute contracts or to make commitments on behalf of the County and nothing contained herein shall be deemed to create the relationship of employer and employee or principal and agent between the County and the City. The City's sole requirement and responsibility in this Contract is to pass through SIED funds to the YMCA. B. All services required hereunder to complete the Project have been performed by the YMCA,or under its supervision, Presumably all personnel engaged in the work were fully qualified and authorized or permitted under State or local law to perform such services. 8. SUSPENSION,TERMINATION,AND CLOSEOUT A. if the City fails to comply with the terms and conditions of this Contract, the County may pursue such remedies as are legally available, including,but not limited to,the suspension or termination of this Contract in the manner specified herein: B. SUSPENSION—If the City fails to comply with terms and conditions of this Contract,or whenever the City is unable to substantiate full compliance with provisions of this Contract,the County may suspend this Contract pending corrective action or investigation, effective not less than seven days following written notification to the City or its authorized representative.The suspension will remain in full force and effect until the City has taken corrective action to the satisfaction of the County and is able to substantiate its full compliance with the terms and conditions of this Contract. No obligations incurred by the City or its authorized representative during the period of suspension will be allowable under this Contract,except: I. Reasonable, proper, and otherwise allowable costs which the City could not' avoid during the period of suspension; IL Otherwise, allowable costs incurred during the period of suspension, if upon investigation, the County is satisfied of the City's compliance with the terms and conditions of this Contract to the extent of the compensation claimed by the City. C. TERMINATION FOR CAUSE—If the City fails to comply with the terms and conditions of this Contract and any of the following conditions exist: I. The lack of compliance with the provisions of this Contract were of such scope and nature that the County deems continuation of this Contract to be substantially detrimental to the interests of the County; Page 4 of 10 Contract No.YC-YAC-19 Exhibit 19 IL The City has failed to take satisfactory action as directed by the County or its authorized representative within the time period specified by same; III. The City has failed within the time specified by the County or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Contract;then, IV. The County may terminate this Contract in whole or in part, and thereupon shall notify the City of termination,the reasons therefore,and the effective date,provided such effective date shall not be prior to notification of the City. After this effective date,no charges incurred under any terminated portions outlined in the application for funding are allowable. V. The County may terminate the Contract if the City does not use the Grant funding for the express purpose of providing the grant funds as a pass-through to the YMCA to cover the costs of the now completed work identified in Appendix A of this Contract for the Project. D. TERMINATION FOR OTHER GROUNDS—This Contract may also be terminated in whole or in part by mutual consent and written agreement setting forth the conditions of termination, including effective date and, in case of termination in part, that portion to be terminated. 9. COPYRIGHT RESTRICTION No report,maps,or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the City. 10. COMPLIANCE WITH LAWS The County and the City shall comply with all applicable laws, ordinances, and codes of the Federal, State, and local governments with regard to the performance of this Contract. The County and the SLED Board have determined to grant the SIED funds that are the subject of this Contract to the purposes of the YMCA Project and have identified the City as the recipient of the SLED funds;through this Contract the County and the S1ED Board have directed that the subject grant funds shall be passed through to the YMCA as specified in this Contract. The County accepts sole and complete responsibility for the application of the SIED funds to the purposes of this Contract so long as the City provides the funds to the YMCA as set forth in this Contract. The County shall hold the City harmless from any claims that the SIED funds were improperly used, or any violation of RCW 83.14.270. 11. NONDISCRIMINATION & TITLE VI OF THE CIVIL RIGHT ACT OF 1964 The City agrees that it shall not discriminate against any person on the grounds of race,creed,color, religion, national origin, sex, sexual orientation, veteran status, pregnancy, age, marital status, political affiliation or belief,or the presence of any sensory,mental or physical handicap in violation of the Washington State Law Against Discrimination(RCW chapter 49.60)or the Americans with Disabilities Act(42 U.S.C. 12101 et seq.)or any other applicable state, federal or local law,rule or regulation. Page 5 of 10 Contract No.YC•YAC-19 Exhibit 110 The YMCA shall ensure that its contractors and subcontractors abided by the requirements of 41 CFR §§ 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals on the basis of protected veteran status or disability, and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans and individuals with disabilities. The City is under no obligation to independently verify compliance. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, creed, religion, sex, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 12. SECTION 109—HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 No person in the United States shall on the grounds of race,color,creed, religion,sex,or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 13. AGE DISCRIMINATION ACT OF 1975 (As Amended) No person shall be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving Federal funding assistance(42 U.S.C. 610 et. seq.) 14. SECTION 504 OF THE REHABILITATION ACT OF 1973 (As Amended) No otherwise qualified individual shall, solely by reason of his or her handicap,be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds(29 U.S.C. 794). 15. INTEREST OF AGENTS AND OFFICERS OF THE COUNTY AND THE CITY No member of the governing body of either party and no other officer, employee, or agent of either party who exercises any functions or responsibilities in connection with the planning or carrying out of the Project shall have any personal financial interest, direct or indirect, in this Contract. 16. PUBLIC LIABILITY The City shall maintain for the duration of work under this Contract, issued on an occurrence basis,comprehensive liability insurance with a combined single limit of not less than five million dollars ($5,000,000.00) from a company authorized to provide insurance in the State of Washington. Said policies shall provide that the policy shall not be canceled or altered by any party without written notice to Yakima County, delivered not less than 30 days prior to such Page 6 of 10 Contract No.YC•YAC-19 Exhibit 111 cancellation or alteration. Applicant certifies that comprehensive liability insurance with a combined single limit of not less than$5,000,000.00 is in effect. 17. ASSIGNABILITY The City shall not assign any interest in this Contract and shall not transfer any interest in this Contract(whether by assignment or novation)without prior written consent of the County thereto, provided, however, that claims for money by the City from the County under this Contract may be assigned to a bank,trust company,or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the County by the City. 18. NON-WAIVER The failure of either party to insist upon strict performance of any provision of this Contract or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Contract. 19. CONTRACT MODIFICATIONS It is mutually agreed and understood that no modification or waiver of any clause or condition of this Contract is binding upon either party unless such modification or waiver is in writing and executed by the County and the City. 20. SEVERABILITY If any portion of this Contract is changed per mutual contract or any portion is held invalid, the remainder of this Contract shall remain in full force and effect. 21. NOTICES A. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand-delivered to the parties to their addresses as follows: TO CITY: Alex Meyerhoff Interim City Manager 129 North Second Street Yakima, WA 98901 TO COUNTY: Craig Warner Financial Services Director 128 North Second Street,Room 232 Yakima,WA 98901 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand-delivered. Such notices shall be deemed effective when mailed or hand-delivered at the addresses specified above. Page 7 of 10 Contract No.YC-YAC-I9 Exhibit 112 22. INTEGRATION This Contract contains all terms and conditions agreed to by the County and the City. There are no other oral or written agreements between the City and County as to the subjects contained herein.No changes or additions to this Contract shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 23. GOVERNING LAW AND VENUE All questions of the validity,construction, and application of this Contract shall be governed by the laws of the State of Washington. Venue for any suit between the parties arising out of this Contract shall be the Superior Court of Yakima County, Washington. 24. FILING Upon execution by the authorized representatives of the parties, a copy of this Contract shall be promptly filed with the Yakima County Auditor pursuant to RCW 39.34.040. Page 8 of 10 Contract No.YC-YAC-19 Exhibit 113 IN WITNESS WHEREOF,the County and the City have executed this Contract as of the date and year last written below. CITY OF YAKIMA BOARD OF COUNTY COMMISSIONERS i44 , , ) i / eryerhoffrimCityM: is el D. ita,Chairman CITY CONTRACT l j RE8OWU I NO 3 Attest: Ye.,----/X4.1. Noress,Commissioner t(X EXCUSED s ` - ol. f m. S City Clerk Ron Anderson,Commission; : A= g 2-—I f -1 Approved as to Form: 1,' 4,o'• o " Date o 2a s•..*.•S L,, _SEAL c leyINCIdk Dan Clark, Deputy Prosecuting Attorney S9o4 CONTRACT AUTHORIZATION Attest: C< Melissa Paul,Clerk of the B and DEC 172019 Date BOCC Agreement 3 5 4 - 2 0 19 Yakima County, WA Page 9 of 10 Contract No.YC-YAC-19 I Exhibit 114 APPENDIX A: The parties hereby agree that any of the below identified Project costs shall be eligible for payment of Grant funding up to and not to exceed one million dollars on the following eligible costs which are listed below: SCOPE COST DETAILS Silt Fence&construction entrance,remove vegetation,cuts&fills, Shework 157,141 gravel for sidewalks,electrical trenching'for parking lot lights Utilities 252,735 Sewer,storm,fire water,domestic water, dry utilities,demo Curbs,sidewalks,concrete vehide paving,detectable warning Site Concrete 239,246 pavers Prep,grade and pavement at new parking lots and change order Asphalt 245,016 for West parking lot Asphalt Striping/Misc 7,400 Striping,wheel stops, Fencing 16,740 Exterior site fendng Parking Lot Lights 85,050 Page 10 of 10 Contract No.YC-YAC-19 Exhibit 1 15