HomeMy WebLinkAbout04/15/2025 07.E. Resolution authorizing an agreement with the Yakima Pickleball Club for the Use of Pickleball Courts at Franklin Park r `y � ljlt
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.E.
For Meeting of: April 15, 2025
ITEM TITLE: Resolution authorizing an agreement with the Yakima Pickleball Club
for the Use of Pickleball Courts at Franklin Park (No Budgetary
Impact)
SUBMITTED BY: Scott Schafer, Public Works Director
*Ken Wilkinson, Parks & Recreation Manager
Brooke Hargreaves, Senior Assistant City Attorney II
SUMMARY EXPLANATION:
The Yakima Pickleball Club was instrumental in the creation of the 8 pickleball courts at Franklin Park.
The Club raised over$10,000 and provided over 600 hours of labor assisting Park Maintenance in the
construct of the courts. The courts were created at the old tennis courts at Franklin Park which were in
poor condition. The City has enjoyed a positive partnership with the Yakima Pickleball Club over the
past 5 years and the club has donated funds for ongoing needed maintenance and have provided
ongoing maintenance and repair of the courts including crack repair, repainting the courts and court lines
and other needed tasks. The Yakima Pickleball Club has agreed to continue to support the maintenance
of the courts.
The Agreement provides priority use for the courts during the year. The Yakima Pickleball Club is open
to all and the membership fee is $40 per year; allowing the club to pay for materials for the maintenance
of the courts. There is no cost to the City. The Club also hosted an annual pickleball tournament in the
fall which brings in players from all over the area and out of state.
ITEM BUDGETED: N/A
STRATEGIC PRIORITY 24-25: A Thriving Yakima
RECOMMENDATION: Approve Resolution.
ATTACHMENTS:
Resolution-Pickleball Club -4.15.2025.docx
Yakima Pickle Ball Club-Franklin Park Court Access Agreement-final - 3.18.2025.docx
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RESOLUTION NO. R-2025-
A RESOLUTION authorizing an agreement with the Yakima Pickleball Club (" Club") for
use of Franklin Park pickleball courts.
WHEREAS, the City is a municipal corporation duly formed and existing under the laws
of the State of Washington within City Hall located at 129 North Second Street, Yakima,
Washington, 98901; and
WHEREAS, the Club is a nonprofit organization duly formed and existing under the laws
of the State of Washington with its registered agent's address at 2300 River Road #10, Yakima,
Washington 98902; and
WHEREAS, the Club promotes the sport of pickleball, and agrees to plan and hold at least
one pickleball tournament for residents of the City in conjunction with the City's Parks &
Recreation Division, and the Club agrees to provide court repair and maintenance assistance for
the City pickleball courts, in accordance with the terms of the Agreement between the City of
Yakima and Yakima Pickleball Club, attached hereto and incorporated herein by this reference;
and
WHEREAS, in consideration for the use of the City pickleball courts, as provided in the
attached Agreement, the Club will donate 200 volunteer hours per year, and has previously
donated over 600 hours of volunteer labor and over$10,000 to help the City renovate and convert
three tennis courts into eight pickleball courts at Franklin Park; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
execute the attached agreement and partner with the Yakima Pickleball Club at Franklin Park, to
encourage the growth of the sport of pickleball within the community; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to and directed to execute the attached and
incorporated Agreement between the City of Yakima and Yakima Pickleball Club, attached
hereto and incorporated herein by this reference, for the purpose of developing the sport of
pickleball and encouraging pickleball programs for the residents of the City at the Franklin Park
pickleball courts.
ADOPTED BY THE CITY COUNCIL this 15th day of April, 2025.
ATTEST: Patricia Byers, Mayor
Rosalinda Ibarra, City Clerk
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AGREEMENT
BETWEEN THE CITY OF YAKIMA AND
YAKIMA PICKLEBALL CLUB
THIS AGREEMENT(hereinafter"Agreement") is made and entered into by and between the
City of Yakima (hereinafter the "City") a Washington municipal corporation, and Yakima Pickleball
Club, a Washington not for profit corporation (hereinafter"Club").
I. Recitals
A. City is a municipal corporation of the State of Washington with City Hall located at
129 North 2nd Street, Yakima, Washington 98901.
B. Club is a Washington nonprofit organization with its registered agents address at
2300 River Road, #10, Yakima, WA 98902.
C. Club promotes the sport of pickleball and is able to provide pickleball instruction and
clinics to adults and children during use of the City pickleball courts; they also agree to plan and
hold at least one pickleball tournament for residents of the City.
D. Club provided a contribution of approximately $10,000 (50% of total cost) and
provided over 600 volunteer hours toward the development of the 8 pickleball courts at Franklin Park
in 2019,
E. City and Club desire to enter into an agreement for the provision of such services.
II. Agreement
WHEREFORE, in consideration of the mutual covenants, conditions and benefits herein
the parties agree as follows:
1. Services. City and Club shall cooperatively provide the following services:
A. City Services. City will provide the following services:
• City will provide Club free access to four (4) of the eight (8) total pickleball courts
at Franklin Park in accordance with an agreed schedule. City will provide priority
to Club when scheduling such facilities for use in accordance with these terms
and the agreed schedule of use.
• City will allow the Club to use 4 of the 8 courts Monday through Sunday from 7:00
am until noon and 4 pm until 8:00 pm. Additional courts may be used if not
occupied by the general public.
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• Co-promote pickleball program offerings through City platforms including free
advertisement on website and online catalogues.
B. Club Services. Club will provide the following services:
• Schedule and provide play opportunities for Club members during and in
accordance with the schedule of use.
• Market and promote City pickleball programs and invite City residents to become
members of the Club.
• Address all general pickleball participation inquiries.
• Plan and present at least one pickleball tournament for Club members and the
general public during the year. A portion of the proceeds from the tournament
and membership dues shall be used for making repairs and improvements to the
courts.
• Provide pickleball court repair and maintenance assistance such as repainting
lines, repairing cracks and sweeping the courts prior to play and generally
keeping the court areas free of debris.
3. Consideration. The total estimated contribution of Club volunteer labor and materials will
equal 200 hours per year.
4. Term. This Agreement shall commence on April 15, 2025, and shall terminate at midnight
on December 31, 2028, unless sooner terminated in accordance with Section 18 of this Agreement.
5. Status of Club. Club and the City understand and expressly agree that no Club officer,
employee, volunteer, and/or agent shall act on behalf of or represent him or herself as an agent or
representative of the City. Club assumes the entire responsibility for carrying out and accomplishing
the services and obligations stated in this Agreement. Club and its officers, employees, volunteers,
agents and/or subcontractors shall make no claim of City employment nor shall it claim against the
City any related employment benefits, social security, and/or retirement benefits. Nothing contained
herein shall be interpreted as creating a relationship of servant, employee, partnership or agency
between Club and the City.
6. Nondiscrimination Provision. During the performance of this Agreement, Club shall not
discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of
race, color, sex, religion, national origin, creed, age, marital status, disability, honorably discharged
veteran or military status, pregnancy, sexual orientation, political affiliation, or the presence of any
sensory, mental or physical handicap, and any other classification protected under federal, state, or
local law. This provision shall include but not be limited to the following: employment, upgrading,
demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, selection for training, and the provision of services under this Agreement.
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9. The Americans with Disabilities Act. Club agrees to comply with the Americans With
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, and
Washington State's anti-discrimination law as contained in RCW Chapter 49.60 and its implementing
regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area
of employment, public accommodations, state and local government services, and
telecommunications.
10. Compliance With Law. Club agrees to perform all services under and pursuant to this
Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or
promulgated by any governmental agency or regulatory body, whether federal, state, local, or
otherwise.
11. No Conflict of Interest. Club covenants that neither it nor its employees have any interest
and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or
degree with the performance of this Agreement. Club further covenants that it will not employ
anyone or any entity having such a conflict of interest during the performance of this Agreement.
12. No Insurance. It is understood the City does not maintain liability insurance for Club and/or
its officers, agents, employees and volunteers.
13. Indemnification and Hold Harmless. Club agrees to protect, defend, indemnify, exonerate,
and hold harmless the City, its elected and appointed officials, agents, officers, and employees
(hereinafter"parties protected") from (1) any and all claims, demands, liens, lawsuits, administrative
and other proceedings, and (2) any and all judgments, awards, losses, liabilities, damages (including
punitive or exemplary damages), penalties, fines, costs and expenses (including legal fees, costs,
and disbursements) for, arising out of, or related to any actual or alleged death, injury, damage or
destruction to any person or any property (including but not limited to any actual or alleged violations
of civil rights) to the extent solely or concurrently caused by, arising out of, or related to any actual
or alleged act, action, default or omission (whether intentional, willful, reckless, negligent,
inadvertent, or otherwise) resulting from, arising out of, or related to Club's use of the Franklin Park
pickleball courts or its provision of services, work or materials pursuant to this Agreement.
If the actual or alleged act, action, default or omission (whether intentional, willful, reckless,
negligent, inadvertent, or otherwise) of both Club and the City is a cause of such third party claim,
the loss, cost, or expense shall be shared between Club and the City in proportion to their relative
degrees of negligence or willful misconduct and the right of indemnity will apply for such proportion.
Nothing contained in this Section or this Contract shall be construed to create a liability or a right of
indemnification in any third party.
If and to the extent applicable Club further agrees that it specifically and expressly waives its
immunity under industrial insurance, Title 51 RCW, or immunity under any other provision of law to
the extent of the obligations assumed to the parties protected hereunder.
14. Insurance. On or before the effective date of this Agreement, Club shall provide the City
with a certificate of insurance as proof of liability insurance in the amount of Two Million Dollars
($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Four
Million Dollars($4,000,000.00) general aggregate, that clearly states who the provider is, the amount
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of coverage, the policy number, and when the policy and provisions provided are in effect. Said
policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected
and appointed officials, officers, agents, employees and volunteers as additional insureds, and shall
contain a clause that the insured will not cancel or change the insurance without first giving the City
thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or
companies rated A-VII or higher in Best's Guide. The insurance company shall be either admitted
in the State of Washington or a licensed surplus lines insurance company in the State of Washington.
If the City is damaged by the failure of Club to maintain the above insurance or to so notify the City,
then Club shall bear all costs attributable thereto. If requested, Club shall provide the City with a
complete copy of the policy.
15. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by Club to any other person or entity without the prior
written consent of the City. In the event that such prior written consent to an assignment is granted,
then the assignee shall assume all duties, obligations, and liabilities of Club stated herein.
16. Non-Waiver. A waiver by either party hereto of a breach of the other party hereto of any
covenant or condition of this Agreement shall not impair the right of the party not in default to avail
itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict
performance of any agreement, covenant or condition of this Agreement, or to exercise any right
herein given in any one or more instances, shall not be construed as a waiver or relinquishment of
any such agreement, covenant, condition or right.
17. Severability. If any portion of this Agreement is changed per mutual agreement or any
portion is held invalid, the remainder of the Agreement shall remain in full force and effect.
18. Termination. Either party may terminate this Agreement, with or without cause, by giving
the other party thirty (30) days prior written notice of termination. The provisions of Section 13
pertaining to obligations of indemnity and hold harmless shall survive termination of this Agreement.
19. Survival. Any provision of this Agreement that imposes an obligation after termination or
expiration of this Agreement shall survive the term or expiration of this Agreement and shall be
binding on the parties to this Agreement.
20. Notices. 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: Ken Wilkinson
Parks & Recreation Manager
City of Yakima Parks & Recreation Division
2301 Fruitvale Boulevard
Yakima, WA 98902
(509) 575-6020
TO CLUB: Yakima Pickleball Club
2300 River Road, #10
Yakima, WA 98902
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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.
21. Third Parties. The City and Club are the only parties to this Agreement and are the only
parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be
construed to give or provide, any right or benefit, whether directly or indirectly or otherwise, to third
persons.
22. Inteciration and Supersession. This Agreement sets forth all of the terms, conditions, and
agreements of the parties relative to the subject matter hereof and supersedes any and all such
former agreements which are hereby declared terminated and of no further force and effect upon
the execution and delivery hereof. There are no terms, conditions, or agreements with respect
thereto, except as herein provided and no amendment or modification of this Agreement shall be
effective unless reduced to writing and executed by the parties.
25. Governinci Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
26. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA YAKIMA PICKLEBALL CLUB
By: By:
Victoria Baker, City Manager James Martinez, President
Date: Date:
ATTEST:
Rosalinda Ibarra, City Clerk
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