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HomeMy WebLinkAbout08/03/2026 07.B. Resolution authorizing agmt with rotary clubs_playground at Larson Park 'V + ''i i 1�• r y/I i t, n.;Rn`ro__-`` "gi BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.B. For Meeting of: August 3, 2026 ITEM TITLE: Resolution authorizing an agreement with the Rotary Clubs of Yakima for the design, installation, and use of a playground at Larson Park SUBMITTED BY: *Ken Wilkinson, Parks & Recreation Manager Josh Busey, Senior Assistant City Attorney SUMMARY EXPLANATION: Once again, the three Yakima Rotary Clubs (Rotary Club of Yakima, Rotary Club of Yakima Southwest, and Yakima Sunrise Rotary Club) have decided to work together to make improvements to a Yakima park. The project entails a new playground at Larson Park. All three Yakima Rotary Clubs have worked to raise funds for this project, and the Yakima Rotary Trust has also contributed to the project. The playground is just a part of the overall planned improvements to the park. A new pergola is planned for the future along with added walkways and upgrades to the restroom. Benches may also be added, if funding allows. The Yakima Valley College paid for the upgrade to all of the lights in the park and City of Yakima staff will be installing theses lights in the near future. Volunteers from the three clubs will assist with the installation of the playground. The project was presented to the Yakima Park & Recreation Commission on July 8, 2026, and was unanimously approved and referred to Yakima City Council for approval. The donated playground equipment is extremely durable and is expected to have limited operational impacts. ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: A Thriving Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution_rotary clubs_playground at Larson Park Downtown Rotary Club Agreement- playground donation - Larson Park-final.doc 14 RESOLUTION NO. R-2026- A RESOLUTION authorizing an agreement between the City of Yakima and the Rotary Clubs of Yakima for development, maintenance and use of Larson Park. WHEREAS, the City is the owner of Larson Park located at 1209 W Arlington St, Yakima, Washington; and WHEREAS, the park is a valuable recreational resource for the community; and WHEREAS, the City is committed to ensuring that improvements to the park serve the best interests of the community; and WHEREAS, the City is authorized to enter into agreements with community service organizations for the construction of improvements to public parks pursuant to RCW 35.21. 278 and other statutes, and desires to enter into this agreement with the Rotary Clubs for the design, construction and completion of a playground facility and other amenities at Larson Park; and WHEREAS, the Rotary Clubs are dedicated to enhancing the park for the benefit of the community; and WHEREAS, the Rotary Clubs are willing to contribute financial and other resources to the City for the design and development of a playground and other amenities at the park; and WHEREAS, the City is willing to accept the financial and other resources offered by the Rotary Clubs for the design and development of a playground and other amenities at the Park; WHEREAS, it is in the best interest of the City of Yakima to execute the attached agreement, NOW, THEREFORE, in consideration of the covenants and agreements contained herein and performed by the parties hereto, it is hereby agreed as follows: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute an agreement with the Rotary Club of Yakima, Rotary Club of Yakima Southwest, and Yakima Sunrise Rotary Club, attached hereto and incorporated herein by this reference, for a playground and other amenities as described in the Agreement. ADOPTED BY THE CITY COUNCIL this 3rd day of August, 2026. Matt Brown, Mayor ATTEST: Rosalinda Ibarra, CMC, City Clerk 15 AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE DOWNTOWN ROTARY CLUBS FOR DEVELOPMENT, MAINTENANCE AND USE OF LARSON PARK (Playground/Bench Project) 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 Rotary Club of Yakima, the Rotary Club of Yakima Southwest, and the Yakima Sunrise Rotary Club (hereinafter collectively the "Rotary Clubs"), for purposes of the development, maintenance and use of Larson Park (hereinafter the "Park"). WHEREAS, the City is the owner of the Park located at 1209 W. Arlington St., Yakima, Washington; and WHEREAS, the Park is a valuable recreational resource for the community; and WHEREAS, the City is committed to ensuring that improvements to the Park serve the best interests of the community; and WHEREAS, the Rotary Clubs is dedicated to enhancing the Park for the benefit of the community; and WHEREAS, the Rotary Clubs is willing to contribute financial and other resources to the City for the design and development of a playground and installation of benches at the Park; and WHEREAS, the City is willing to accept the financial and other resources offered by the Rotary Clubs for the design and development of a playground and installation of benches at the Park; 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 the Rotary Clubs in the design and development of a playground and installation of benches at the Park and to provide for effective cooperation in the implementation of the provisions set forth herein. 2. Obliciations of the Parties. The City shall perform the following obligations in regard to the Park: A. The City shall assist in planning for a playground and installation of benches in the Park; B. The City shall oversee the site development of the area where the playground will be constructed and the benches will be installed; C. The City shall ensure the site has accessibility for the handicapped; D. The City shall maintain and repair the playground and benches; and Page 1 of 7 City of Yakima — Downtown Rotary Clubs Larson Park Development 16 E. The City shall take other steps, as necessary, to ensure public safety in the use and enjoyment of the playground and benches. The Rotary Clubs shall perform the following obligations in regard to the Park: A. The Rotary Clubs shall spend up to Two Hundred Forty-Five Thousand Dollars ($245,000.00) for the design and development and construction of the playground and the purchase and installation of the benches in the Park, and reserves the right to voluntarily contribute additional sums as it deems necessary and appropriate; B. The Rotary Clubs shall assist the City in the planning and site development of the playground and installation of the benches; C. The Rotary Clubs shall select the contractor(s) to perform the design, development and construction of the playground and shall select the playground equipment for installation therein; D. The Rotary Clubs shall select the contractor(s) to perform the installation of the benches and shall select the benches for installation; E. The Rotary Clubs shall confer with the City as necessary in regard to any outstanding matters related to the maintenance and repair of the playground and benches; F. The Rotary Clubs shall assist the City in the selection of amenities, not including the specific playground equipment, for the site; and G. The Rotary Clubs shall participate in the construction of the playground and installation of the benches subject to the direction of the selected contractor(s). 3. Term. The term of this Agreement shall commence upon execution hereof and shall remain in effect unless the Agreement is terminated earlier by either party under Section 18 of this Agreement. The Rotary Clubs shall proceed with their obligations in a timely and diligent manner but shall not have any responsibility for delays caused by others beyond their control or that were not reasonably foreseeable. 4. Administration. This Agreement shall be administered by the City's Parks and Recreation Division. 5. Independent Contractor. The Rotary Clubs and the City understand and expressly agree that the Rotary Clubs is an independent contractor in the performance of each and every part of this Agreement. The Rotary Clubs, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the work/services required under this Agreement. The Rotary Clubs, as an independent contractor, shall have the sole judgment of the means, mode or manner of the actual performance of work/services required under this Agreement. Additionally, and as an independent contractor, the Rotary Clubs 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 the Rotary Clubs and/or any officer, employee or agent of the Rotary Clubs and the City. Page 2 of 7 City of Yakima — Downtown Rotary Clubs Larson Park Development 17 6. 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 the Rotary Clubs may rely upon or enforce any provision of this Agreement. 7. Indemnification and Hold Harmless. A. Rotary Clubs agrees to release, defend, indemnify, and hold harmless the City, its elected and appointed officials, agents, officers, employees, attorneys, representatives, insurers, and volunteers (hereinafter "parties protected") 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 Rotary Clubs, or any Rotary Clubs' agents or subcontractors, in performance of this Agreement, except for claims caused by the City's sole negligence. The foregoing indemnification obligation includes, without limitation, (1) claims, demands, liens, lawsuits, administrative and other proceedings, (including reasonable costs and attorneys' fees) and (2) judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind claimed by third parties arising out of, or related to any death, injury, damage or destruction to any person or any property to the extent caused by any negligent act, action, default, error or omission or willful misconduct arising out of Rotary Clubs' performance under this Agreement. In the event that any lien is placed upon the City's property or any of the City's officers, employees or agents as a result of any action or inaction of Rotary Clubs, including, without limitation, the negligence or willful misconduct of Rotary Clubs, Rotary Clubs shall at once cause the same to be dissolved and discharged by giving bond or otherwise. 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 Rotary Clubs and the City, Rotary Clubs' liability, including the duty and cost to defend, shall be only to the extent of the Rotary Clubs' negligence. C. Industrial Insurance Act Waiver. It is specifically and expressly understood that Rotary Clubs waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW et. seq., solely for the purposes of this indemnification. Rotary Clubs' 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 workers' compensation acts, disability benefit acts or any other benefits acts or programs. Rotary Clubs shall require that its subcontractors, and anyone directly or indirectly employed or hired by Rotary Clubs, and anyone for whose acts Rotary Clubs may be liable in connection with its 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. D. The City agrees to release, indemnify, defend and hold harmless the Rotary Clubs, 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 entitles, 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, Page 3 of 7 City of Yakima — Downtown Rotary Clubs Larson Park Development 18 errors or omissions of the City. The Rotary Clubs' right to indemnification includes attorneys' fees associated with establishing their rights to indemnification hereunder in favor of the Rotary Clubs. E. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. F. The provisions of this Section shall survive the termination or expiration of this Agreement. 8. 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. 9. Records, Inspection & Production. Rotary Clubs shall maintain books, accounts, records, documents and other materials ("Records") related directly or indirectly to the costs, expenses, and expenditures incurred and/or made pursuant to this Agreement. The Records shall, at all times, be subject to inspection by and with the approval of the City. The making of (or failure or delay in making) such inspection or approval by the City shall not relieve Rotary Clubs of responsibility for performance in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. Rotary Clubs shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Rotary Clubs' records relating to this Agreement will be provided to the City upon the City's request. Rotary Clubs shall promptly furnish the City with such information and records which are related to this Agreement as may be requested by the City. All records relating to Rotary Clubs' obligations under this Agreement must be made available to the City, and the records relating to Rotary Clubs' obligations under this Agreement are City of Yakima records. Such records must be produced to third parties through the City, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Rotary Clubs' obligations under this Contract must be retained by Rotary Clubs for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. If any litigation, claim or audit is started before the expiration of the of the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule, the records shall be retained until all litigation, claims, or audit findings involving the records have been fully resolved. The terms of this section shall survive any expiration or termination of this Contract. 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. Page 4 of 7 City of Yakima — Downtown Rotary Clubs Larson Park Development 19 11. No City Insurance. It is understood the City does not maintain liability insurance for the Rotary Clubs or its employees and subcontractors. 12. Liability Insurance. At all times during performance of the obligations under this Agreement, Rotary Clubs shall secure and maintain in effect insurance to protect from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this Agreement. Rotary Clubs shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The following insurance is required: a. Commercial Liability Insurance. Before this Agreement is fully executed by the parties, Rotary Clubs shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of Two-Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two-Million Dollars ($2,000,000.00) general aggregate. 13. 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. 14. Dispute Resolution. The City and the Rotary Clubs shall meet to discuss any outstanding issues related to the development of the playground and the implementation of this Agreement in order to resolve any disputes through cooperation and negotiation. 15. 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. 16. 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. 17. 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. Page 5 of 7 City of Yakima — Downtown Rotary Clubs Larson Park Development 20 18. 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 the Agreement, to perform its obligations hereunder, but not thereafter, except for cause. 19. 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. 20. 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 COPY TO: CITY OF YAKIMA c/o Parks & Recreation Manager 2301 Fruitvale Blvd. Yakima, WA 98902 TO: ROTARY CLUB OF YAKIMA P.O. Box 464 Yakima, WA 98907 TO: ROTARY CLUB OF YAKIMA SOUTHWEST PO Box 1624 Yakima, WA 98907-1624 TO: YAKIMA SUNRISE ROTARY CLUB PO Box 1590 Yakima, WA 98907 Page 6 of 7 City of Yakima — Downtown Rotary Clubs Larson Park Development 21 21. Governinci Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. CITY OF YAKIMA ROTARY CLUB OF YAKIMA Victoria Baker, City Manager President Date Signed Date Signed ROTARY CLUB OF YAKIMA SOUTHWEST President Date Signed YAKIMA SUNRISE ROTARY CLUB President Date Signed ATTEST: Rosalinda Ibarra, City Clerk Page 7 of 7 City of Yakima — Downtown Rotary Clubs Larson Park Development 22