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HomeMy WebLinkAboutR-2015-096 Airport Infrastructure Improvements Loan and Grant Agreements with Yakima County SIED Board [FUNDING AGREEMENT]A RESOLUTION RESOLUTION NO. R-2015-096 authorizing the City Manager to execute the necessary agreement for $307,000 in a loan and $307,000 in a grant from the Yakima County SIED Board to provide for the construction of certain infrastructure improvements to extend 21St Avenue as well as realign Airport Lane thereby providing direct access to the airfield. WHEREAS, the Yakima City Council has established that extending 21st Avenue and realigning Airport Lane is an economic development priority for the City of Yakima, and WHEREAS, Yakima County has established the Supporting Investments in Economic Diversification (SIED) funds to assist the growth of business in the City; and WHEREAS, the project will allow maximum use of the airport property, needed road lighting, curb and gutter system for proper water drainage, and expand the width of usable pavement to meet current City standards, and WHEREAS, these improvements are needed to allow for further development of needed corporate, manufacturing, and general aviation hangars; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize submittal of the attached and incorporated grant/loan application with Yakima County for funding of infrastructure improvements from the SIED Fund, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute and submit the attached and incorporated grant and loan application with Yakima County for funding from the Yakima County Strategic Investments in Economic Development (SIED) Fund for extending 21st Avenue and realigning Airport Lane. ADOPTED BY THE CITY COUNCIL this 7th day of July, 2015. 1)4/ Micah CawI ', Mayor Son Claar Tee, SIED CONTRACT YC -A21-15 YAKIMA COUNTY and CITY OF Yakima (21St Ave Extension and Airport Lane Realignment) 1. PARTIES 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 North Second Street, Yakima, Washington 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 until all payments required under Section 5, MUTUAL CONSIDERATION, Subsection B. REPAYMENT OF COUNTY LOAN, have been made or until terminated as provided for in Section 8, SUSPENSION, TERMINATION, AND CLOSEOUT, provided, the County's right under Section 5, MUTUAL CONSIDERATION, Subsection D. OWNERSHIP AND USE, to use the Project shall continue so long as the Project remains in use. 3. PURPOSE The purpose of this Contract is to provide for the construction of certain infrastructure improvements (hereinafter referred to as the Project) using certain County funds designated for such infrastructure. The Project will extend 21St Ave. to provide direct access to the airfield which is adjacent to the South Air Park Development, as well as realign Airport Lane which runs directly into 21St Ave. This improvement will realign the road to allow maximum use of the airport property, install needed road lighting, curb and gutter system for proper water drainage, and expand the width of usable pavement to meet current City standards. These improvements will allow for further development of needed corporate, manufacturing, and general aviation hangers. 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. C. The City proposes to construct the Project with a combination of City, private, and Page 1 of 9 Contract No. YC -A21-15 County funds, including $614,000.00 from the SIED Fund, $307,000.00 to be in the form of a loan, and $307,000 to be in the form of a grant, and thereafter to own and operate the Project for the benefit of the City and the County. D. 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. E. RCW 43.160 and 43.160.020 adopted and amended for related purposes with those of RCW 82.14.370, define public facilities to include various buildings, structures and works, such as the Project. F. The County, under authority of RCW 36.01.085, and by agreement of February 19, 1999, has engaged the Yakima County Development Association, also known as New Vision, to provide administrative and technical assistance in furtherance of the County's economic development. G. The County has also 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, and other factors. H. New Vision has investigated the Project and assisted in preparing the pending application for SIED funds, and the SIED Board has reviewed the application for SIED funds and has recommended approval. I. The SIED Fund balance is sufficient to make the requested contribution to the Project. J. RCW 39.34 authorizes interlocal agreements whereby municipal governments may jointly exercise the powers granted to each. 5. MUTUAL CONSIDERATION A. COUNTY LOAN—The County shall loan Three Hundred Seven Thousand Dollars and Zero Cents ($307,000.00) for the Project described herein. This loan amount shall be drawn on the SIED Fund by County warrant, payable to the City, upon the next available Yakima County Auditor's warrant issue. B. REPAYMENT OF COUNTY LOAN—The City shall repay the County's loan of Three Hundred Seven Thousand Dollars and Zero Cents ($307,000.00) with interest on unpaid principal, at an annual per annum rate of 2.44%, which is the Yakima County Interfund Loan Rate for the equivalent term of the loan. In the event the contract is fully executed after July 21, 2015, the parties agree to use the current Yakima County Interfund Loan Rate on the date this contract is fully executed by both parties. Interest shall accrue from the date this contract is approved by the County. Repayment of principal and interest shall be made in six annual installments. The first payment shall be due on June 1, 2018, and annual payments thereafter shall be due on June 1 of each year with the final payment nevertheless due on June 1, 2023; Provided however, that the final installment may be in such greater or lesser amount as shall be required for full amortization of the repayment amount. Page 2 of 9 Contract No. YC -A21-15 Payment shall be by check payable to Yakima County Infrastructure Fund and delivered to Yakima County Treasurer, Yakima County Courthouse, Room 115, 128 North 2nd Street, Yakima, WA 98901. The City obligation hereunder shall be a limited general obligation of the City, payable from any legally available source of funds. Exhibit A attached hereto and incorporated herein reflects the Debt Service Schedule as noted. In the event of payment by the City of any one or more installments, or of the entire loan balance, before the date prescribed in Exhibit A, interest shall accrue on such installment(s) or balance until, but not beyond, the June 1 next succeeding the date of such payment(s). If more than one installment is paid during any repayment year, then the repayment period recited above shall be correspondingly shortened and the scheduled of payments reflected in Exhibit A shall be correspondingly advanced. C. COUNTY GRANT—The County shall grant Three Hundred Seven Thousand Dollars and Zero Cents ($307,000.00) to the City for the Project described herein. 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 a signed copy of the Project engineer's certificate that 50 percent of the work on the Project has been completed and the City's invoice for said grant. D. OWNERSHIP AND USE—The City shall construct, own, maintain, and operate the Project as a part of its public infrastructure for economic development, available for use by manufacturing and industrial concerns proximate to the Project. The City shall 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 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 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 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, with regard to construction of the Project, 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. Page 3 of 9 Contract No YC -A21-15 B. The City represents that it has or will secure at its own expense all personnel, contractors, and/or subcontractors required in order to perform work under this Contract. Such personnel shall not be employees of the County. All such personnel, contractors, and/or subcontractors shall be fully qualified and authorized/permitted under State and/or local law to perform such services. C. All services required hereunder will be performed by the City or under its supervision and all personnel engaged in the work shall be fully qualified and shall be 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; II. 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; II. 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, Page 4 of 9 Contract No. YC -A21-15 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. 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. 11. NONDISCRIMINATION & TITLE VI OF THE CIVIL RIGHT ACT OF 1964 The Contractor 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. The Contractor and subcontractor shall abide 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. 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) Page 5 of 9 Contract No. YC -A21-15 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. HOLD HARMLESS AND INDEMNITY The City shall indemnify and hold harmless the County, its officers, agents, and employees, from all liability, loss or damage, including costs of defense they may suffer as a result of claims, demands, actions costs, or judgments which result from the activities to be performed by the City, its agents, employees, or subcontractors pursuant to this Contract. 17. PUBLIC LIABILITY The City or its contractor(s) 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 one million dollars ($1,000,000.00) 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 cancellation or alteration. Applicant certifies that comprehensive liability insurance with a combined single limit of not less than $1,000,000.00 is in effect. 18. 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. 19. 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. Page 6 of 9 Contract No YC -A21-15 20. 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. 21. 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. 22. 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: Tony O'Rourke City Manager 129 North 2nd 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. 23. 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. 24. 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. Page 7 of 9 Contract No. YC -A21-15 25. 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 9 Contract No. YC -A21-15 IN WITNESS WHEREOF, the County and the City have executed this Contract as of the date and year last written below. CITY OF YAKIMA Tony 0 Rour , City Manager Approved as to Form: Jeff ue�f, City Attorney Attest: BOARD OF COUNTY COMMISSIONERS J. Rand Ell'tt, Chairman Michael D. Leita, Commissioner Kew .-.1FB 1uchey, Commissioner A„. v d as to Form: A Dan Clark, Deputy Prosecuting Attorney 4C512i14359,o► ONTRACT AUTHORIZATION0 `0'ut'Mo'ii,,�� _o� e •:� onya Cl Date Tee, City Clerk CITY CONTRACT RESOLUTION N0: ttest: • Tiera L. Girard, Clerk of the Board't jp - c \ i, BOCC220-2015 July 21, 2015 Date Page 9 of 9 Contract No. YC -A21-15 Dated 7/21/2015 Debt Service Schedule Delivered.: 7/21/2013 City of Yakima SIED-21st Avenue Extension &'Airport Lzine Realignment SIA 30/ 360 YRLY 7/ 6 Situp Int Coupon Int Calc Principal Effective Interest Credit Periodic Outstanding Period Date Day Cnts Payment Coupon Rate Payment Enhancements Debt Service Balance 3 6/1/2018 1030/360 36,657 77 2.44000 21,432.01 58,089 78 270,342.23 4 6/1/2019 360/360 51,493 43 2.44000 6,596.35 58,089 78 218,848 80 5 6/1/2020 360/360 52,749.87 2.44000 5,339.91 58,089 78 166,098.93 6 6/1/2021 360/360 54,036.97 2.44000 4,052.81 58,089 78 112,061 96 7 6/1/2022 360/360 55,355 47 2.44000 2,734.31 58,089 78 56,706 49 8 6/1/2023 360/360 56,706 49 2.44000 1,383 64 58,090 13 6 Records = 6 $307,000.00 True Interest Cost (TIC) Arbitrage Yield Limit (A YL) Average Life $41,539.03 $0.00 $348,539.03 2.4111404 Face Value of Bond Issue $307,000.00 2.4111404 Accrued Interest (+) $0.00 5.5453405 Original Issue Premium/Discount (+) $0.00 Underwriter Discount (+) $0.00 Lump -sum credit enhancements (-) $0.00 Prepared ly.• Yakima Count' Treasurer :Man-IEaseElevateAlainIb Prepared on: 7/23/2015 15.29 1617 Rpt Olj C -A21 -15-2015A BOARD OF YAKIMA COUNTY COMMISSIONERS * District One Michael D. Leita June 8, 2015 Tony O'.Rourke, City Manager City of Yakima - 129 North 2nd St. Yakima, WA 98901 Tony: * District Two Kevin J. Bouchey RE: SIED Contract Number YC -A21-15 * District Three Rand Elliott Enclosed are.,four originals of SIED Contract Number YC -A21-15 between Yakima County and the City of Yakima for signatures by the City of Yakima officials. Please return all four signed originals to this office. We will send you one original for your files after approval by the Yakima County Board of Commissioners. Thank you. Sincerely, raig M. Warner Financial Services Director Enclosures: 4 128 North Second Street • Yakima, Washington 98901 • 509-574-1500 • FAX. 509-574-1501 BOARD OF YAKIMA COUNTY COMMISSIONERS * District One Michael D: Leita July 23, 2015 =Tony O'Rourke City Manager City of Yakima 129 North Second St. Yakima,WA 98901-2613 Tony, * District Two Kevin J. Bouchey * District Three Rand Elliott RECEIVED CITY OF YAKIMA JUL 2 7 2015 OFFICE OF CITY MANAGER Enclosed are your fully signed and executed originals of SIED Contract YC -A21-15 signed by the Board of Yakima County Commissioners on July 21, 2015. A warrant for $307,000; representing the loan portion of the agreement, will be issued and mailed by the Yakima County Auditor's Office on their next regular warrant issue date of July 31, 2015. If you have any questions, you can contact me at 574-1313 or by email at craig.Warner@co.yakima.wa.us. Sinc /97 Craig M. Warner Financial Services Director Yakima County Enclosure: 2 128 North Second Street • Yakima, Washington 98901 • 509-574-1500 • FAX: 509-574-1501 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 12. For Meeting of: July 7, 2015 Resolution authorizing an agreement for $307,000 in a loan and $307,000 in a grant from the Yakima County SIED Board to provide for the construction of certain infrastructure improvements to the airfield SUBMITTED BY: Robert K. Peterson, Airport Manager 509-575-6149 SUMMARY EXPLANATION: The Yakima Air Terminal -McAllister Field continues to see growth in a variety of areas throughout the airport to include passengers utilizing airline service, cargo operations, to the need for additional hangar development. During the October 10, 2014 City Council Study Session involving City Capital Investment Opportunities, airport staff presented the proposal to extend 21st Ave and realign Airport Lane of which will provide direct access to airport property for the further development of hangars and businesses. Through close coordination with Council members and the Economic Development Committee, it was recommended to seek financial support by submitting a Supporting Investments in Economic Diversification (SIED) Grant/Loam application to assist with the development of 21st Ave and Airport Lane. City staff submitted all applicable paperwork and was graciously awarded the requested funds at the January 2015 SIED Board Meeting. Resolution: X Other (Specify): Contract: Start Date: Item Budgeted: Yes Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: Ordinance: Contract Term: End Date: Amount: 794,000 The City of Yakima will contribute approximately $180,000 allocated in the 2015 budget for the 21st Ave extension as the local match. Total estimated costs for both 21st Ave and the realignment of Airport Lane are $794,000. Improve the Built Environment APPROVED FOR SUBMITTAL: 4,41 City Manager RECOMMENDATION: Staff recommends the City Council allow the City Manager to execute the SIED Grant/Loan agreement to allow the design and construction of 21st Ave and realignment of Airport Lane to allow additional hangar and business development. ATTACHMENTS: Description Upload Date o Resolution 6/18/2015 o Cover Sheet 6/22/2015 O Contract 6/22/2015 Type Resolution Cover M emo Contract CONTRACT THIS AGREEMENT, made and entered into in triplicate, this 23 day of s7 2016, by and between the City of Yakima, hereinafter called the Owner, and Scout Lake Construction, a ashington Corporation, hereinafter called the Contractor WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows I The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF $793,563.38 for S. 21st Avenue Improvement Project — Airport Ln. to S. 21st Ave., City Project No. 2410, all in accordance with, and as described in the attached plans and specifications and the 2014 Standard Specifications for Road, Bridge, and Municipal Construction which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this contract and every part thereof Work shall start within ten (10) days after the Notice to Proceed and shall be completed in Seventy (70) working days. If work has not commenced within the ten (10) days after the Notice to Proceed, the first chargeable working day shall be the 11 `h day after the date on which the City issues the Notice to Proceed. If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in the Standard Specifications for each and every day said work remains uncompleted after expiration of the specified time, as liquidated damages The Contractors shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. II The City of Yakima hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided for in this contract. III INDEMNIFICATION The Contractor shall defend, indemnify, and hold harmless the City, its officers, elected officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from the Contractor's performance or non-performance of the services, duties and obligations required of it under this Agreement. IV The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor V It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, except as expressly provided herein. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written Countersigned. CITY OF YAKIMA CONTRACTOR this ! day of w 2016 Washington Corporation ity Manager Att (Print Name) Clerk CITY CONTRACT NO: c2016 — / 6% RESOLUTION NO: R-420116-3-0% ss. (Pres de t, Owner, etc.) t?a aox logo S&tctW\ 1W2-