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HomeMy WebLinkAbout04/21/2026 09.D. Resolution authorize public art on city property_YPD law enforcement memorial garden 'V ''i i 1�• r y/I i BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9.D. For Meeting of: April 21, 2026 ITEM TITLE: Resolution authorizing the establishment of a Law Enforcement Memorial Garden at the Yakima Police Department to honor fallen officer Sergeant Joseph Deccio and other members of law enforcement who have died in the line of duty SUBMITTED BY: *Erica McNamara, Staff Liaison, Yakima Arts Commission *Sgt. Mark Grow, Yakima Police Department SUMMARY EXPLANATION: The attached Resolution authorizes the use of City-owned property at the police department for the installment of public art, in the form of a memorial garden, as recommended by the Arts Commission. The proposed donation agreement (attached) is within the City Manager's authority and will be executed on Council's approval for the use of City-owned property. Background The proposed project is the creation of a Law Enforcement Memorial Garden at the Yakima Police Department, a collaborative effort between the City of Yakima and the Yakima Police Patrolman's Association (YPPA) to honor Sergeant Joseph Deccio and all officers who have died in the line of duty. The garden will be constructed on City-owned property at the police department and fully funded through private donations raised by YPPA, with an estimated cost of approximately $40,000, resulting in no financial impact to the City. The intended goals of the project are to provide a permanent, respectful space for remembrance, reflection, and community recognition; to honor the service and sacrifice of fallen officers; and to create a meaningful location for families, colleagues, and the public to gather in tribute, while also fostering partnership between the City and community organizations in preserving law enforcement legacy and supporting public safety values. The Yakima Arts Commission has reviewed the proposal and supports the use of public land for the establishment of the memorial garden, further reinforcing the project's alignment with community values and public space enhancement. ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: An Engaged Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Memorial Garden Resolution_03232026.docx YPD Memorial Garden Agreement.docx 92 RESOLUTION NO. R-2026- A RESOLUTION authorizing the establishment of a Law Enforcement Memorial Garden at the Yakima Police Department to honor fallen officer Sergeant Joseph Deccio and other members of law enforcement who have died in the line of duty. WHEREAS, the City of Yakima recognizes the profound sacrifice made by law enforcement officers who serve and protect our community; and WHEREAS, Sergeant Joseph Deccio, a dedicated member of the Yakima Police Department, tragically lost his life while in the line of duty, leaving a lasting impact on the department and the Yakima community; and, WHEREAS, it is fitting and appropriate to honor Sergeant Deccio's service, sacrifice, and legacy, as well as the service of all law enforcement officers who have died in the line of duty; and, WHEREAS, the Yakima Police Patrolman's Association, in partnership with community members, has proposed the creation of a Law Enforcement Memorial Garden to serve as a place of remembrance, reflection, and community recognition; and, WHEREAS, the proposed memorial garden will be located on property owned by the City of Yakima at the Yakima Police Department; and, WHEREAS, the Yakima Police Patrolman's Association will fully fund the memorial garden through private donations, and the project will have no financial impact on the City of Yakima; and WHEREAS, the City of Yakima and the Yakima Police Patrolman's Association will be entering into an agreement for the donation of the Law Enforcement Memorial Garden at the Yakima Police Department; and, WHEREAS, the memorial garden will provide a lasting tribute to fallen officers and serve as a meaningful space for families, colleagues, and community members to honor their memory; and WHEREAS, the Yakima Arts Commission has reviewed the proposal and supports the establishment of the memorial garden on public property, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City of Yakima and the Yakima Police Department have entered into an agreement for the donation of a law enforcement memorial garden at Yakima Police Department. The City Manager is hereby authorized to execute the approval of the use of city property for the memorial garden. 1 93 ADOPTED BY THE CITY COUNCIL this 14th day of April, 2026. Matt Brown, Mayor ATTEST: Rosalinda Ibarra, CMC, City Clerk 2 94 AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE YAKIMA POLICE PATROLMAN'S ASSOCIATION FOR THE DONATION OF A LAW ENFORCEMENT MEMORIAL GARDEN AT YAKIMA POLICE DEPARTMENT THIS AGREEMENT is entered into between the City of Yakima (hereinafter the "City"), whose address is 129 North 2nd Street, Yakima, Washington 98901, and the Yakima Police Patrolman's Association (hereinafter"YPPA"), for the purpose of YPPA donating a Law Enforcement Memorial Garden Dedicated to Sergeant Joseph E. Deccio and all Yakima Police Department officers who have sacrificed their lives in the line of the duty (hereinafter"Memorial Garden"). WHEREAS, the City of Yakima Police Department, Yakima, Washington, is located at 200 S. 3rd Street; and WHEREAS, YPPA is a non-profit corporation in Washington that was established to assist members through legal defense, peer support, and community involvement; and WHEREAS, the Yakima Police Department and YPPA propose the construction of a Law Enforcement Memorial Garden to honor Sergeant Joseph E. Deccio, who tragically passed away in the line of duty on August 3, 2021; and WHEREAS, YPPA has raised funds for the purchase and installation of the Memorial Garden; and WHEREAS, the approximate cost of the Memorial Garden is $40,000; and WHEREAS, the Memorial Garden would be located on the north campus grounds of the Yakima Police Department; and WHEREAS, the City is willing to accept the financial resources and improvements offered by YPPA for the installation of the Memorial Garden; NOW, THEREFORE, in consideration of the covenants and agreements contained herein and performed by the parties hereto, it is hereby agreed as follows: 1. Purpose. The purpose of this Agreement is to define the responsibilities of the City and YPPA in the purchase and installation of the Memorial Garden and to provide for effective cooperation in the implementation of the provisions set forth herein. The Memorial Garden shall be substantially in the form set forth in Exhibit "A" attached hereto and incorporated herein by this reference. 2. Obliciations of the Parties. A. City Obligations The City shall perform the following obligations in regard to Memorial Garden: i. The City shall assist in planning for the Memorial Garden; 95 ii. The City shall oversee the site development of the area where the Memorial Garden will be installed; iii. The City shall ensure the site is accessible and complies with the Americans with Disabilities Act (ADA); iv. Upon written acknowledgement that the Memorial Garden is complete, the donation of the personal property and funds donated by the YPPA shall be considered accepted by the City as required by the Donation and Contribution Policy; v. The City shall maintain and repair the Memorial Garden, as necessary, once its installation has been completed and accepted by the City; and vi. The City shall take other steps, as necessary, to ensure public safety in the use and enjoyment of the Memorial Garden. B. YPPA Obligations YPPA shall perform the following obligations in regard to the Memorial Garden: i. YPPA shall purchase the materials and/or services for the installation of the Memorial Garden, and reserve the right to voluntarily contribute additional sums as they deem necessary and appropriate; ii. YPPA shall pay all vendors directly; and iii. YPPA shall assist the City in the planning and site development of the Memorial Garden; iv. YPPA shall be allowed to install a sign that is consistent with the Yakima Municipal Code near the Memorial Garden recognizing YPPA as the donors of the project, and the sign shall be placed in a location that is agreed upon by both parties; and v. YPPA shall donate all of the improvements, including any property such as benches, signs, or other personal property that is provided as part of the Memorial Garden installation, to the City and such property shall become property owned by the City upon completion and acceptance of the Memorial Garden. 3. Term. The term of this Agreement shall commence upon execution hereof and shall remain in effect until the Memorial Garden is accepted as final, in writing, by the City, unless the Agreement is terminated earlier by either party under Section 17 of this Agreement. YPPA shall proceed with their obligations in a timely and diligent manner but shall not have any responsibility for delays caused by others beyond the control of YPPA or that were not reasonably foreseeable. 4. Administration. This Agreement shall be administered by the Yakima Police Department and its Police Chief or his designee. 96 5. Independent Contractor. YPPA and the City understand and expressly agree that YPPA is collectively acting as an independent contractor in the performance of each and every part of this Agreement. YPPA, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the work/services required for its performance under this Agreement. YPPA, as an independent contractor, shall have the sole judgment of the means, mode or manner of the actual performance of work/services required for its performance under this Agreement. Additionally, and as an independent contractor, YPPA and their employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership, or agency between YPPA and/or any officer, employee or agent of YPPA and the City. 6. City Title. YPPA acknowledges the City's legal ownership to the property on which the Memorial Garden will be installed. YPPA expressly agrees to never deny City's right in ownership of said property or to claim title in YPPA's name. 7. No Third Party Rights. This Agreement is entered into for the sole benefit of the parties. It shall confer no benefits or rights, direct or indirect, on any third parties. No person or entity other than the City and YPPA may rely upon or enforce any provision of this Agreement. 8. Indemnification and Hold Harmless. A. YPPA agrees to release, indemnify, defend and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of YPPA, or any YPPA agent or subcontractor, in the performance of this Agreement, except for claims caused by the City's sole negligence. The City's right to indemnification includes attorney's fees and costs associated with establishing the right to indemnification hereunder in favor of the City. B. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of YPPA and the City, YPPA' liability, including the duty and cost to defend, shall be only to the extent of YPPA' negligence. C. It is specifically and expressly understood that YPPA waives any immunity that may be granted to them under Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. YPPA' indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under worker's compensation acts, disability benefit acts or any other benefit acts or programs. YPPA shall require that their subcontractors, and anyone directly or indirectly employed or hired by YPPA, and anyone for whose acts YPPA may be liable in connection with their performance of this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. 97 D. The City agrees to release, indemnify, defend and hold harmless YPPA, their officers, directors, insurers, volunteers, employees, agents, representatives and subcontractors from any and all claims, demands, actions, suits, causes of action, arbitration, mediations, proceedings, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors or omissions of the City, whether during the installation of the garden or following the completion of its installation and City's acceptance thereof. YPPA' right to indemnification includes attorney's fees and costs associated with establishing their right to indemnification hereunder in favor of YPPA. E. Survival. The provisions of this section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 9. Nondiscrimination. During the performance of this Agreement, the Parties shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, 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. 10. Compliance With Law. The Parties to this Agreement shall comply with all applicable federal, state and local laws, rules and regulations in carrying out the terms and conditions of this Agreement. 11. No Insurance. It is understood the City does not maintain liability insurance for YPPA or their employees and subcontractors, nor does YPPA maintain liability insurance for the City or its employees and contractors. 12. Waiver of Breach. 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. 13. Dispute Resolution. Prior to instituting any action in a court of law, the City and YPPA shall meet to discuss any outstanding issues related to the development of the Memorial Garden and the implementation of this Agreement in order to resolve any disputes through cooperation and negotiation. 14. Integration. This Agreement contains all of the terms and conditions agreed on by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement, are deemed to exist or to bind either of the parties. 15. Modifications. The parties may modify this Agreement but no proposed changes or modifications shall have validity or become binding on either party unless such changes or modifications are in writing and executed by both parties. 98 16. Severability. A. If a court of competent jurisdiction holds any part, term or provision of this Agreement illegal or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held invalid. B. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 17. Termination. Either party may terminate this Agreement, with cause, by written notice of default from the non-defaulting party to the defaulting party if the default is not cured within thirty (30) days following the giving of such notice. In addition, either party may terminate this Agreement, without cause, upon thirty (30) days' written notice to the other party before either party has incurred substantial expenses (defined as expenses in excess of$1,000) following the full execution of this Agreement, to perform its obligations hereunder, but not thereafter, except for cause. 18. Survival. Any provision of this Agreement which imposes an obligation after expiration or termination of this Agreement shall survive the expiration or termination and shall bind the parties. 19. Notices. Unless otherwise stated herein, all notices and demands are required in written form and sent to the parties at their addresses as follows: TO CITY OF YAKIMA Victoria Baker, City Manager City of Yakima 129 North Second Street Yakima, WA 98901 TO YPPA Jim Yates, Chairman address, 19. Governinci Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. CITY OF YAKIMA YAKIMA POLICE PATROLMAN'S ASSOCIATION Victoria Baker, City Manager Jim Yates, YPPA Chairman 99 Date Signed Date Signed ATTEST: Rosalinda Ibarra, City Clerk City Contract No. City Resolution No. 100