HomeMy WebLinkAboutR-2020-073 Franklin Park Pickleball Courts; Agreement with Yakima Pickelball ClubRESOLUTION NO. R-2020-073
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 with 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 provide
pickleball lessons and clinics to non-member adults and children during use of 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, the Club agrees to plan and hold pickleball tournaments for residents of the City
in conjunction with the City's Parks & Recreation Division, and
WHEREAS, in consideration for the use of the City pickleball courts, as provided in
the attached Agreement, the Club has 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 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 7th day of July, 2020
ATTEST lPatricia Byers, NJ) yor
Oid
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 lessons and
clinics to adults and children during use of the City pickleball courts; they also agree to plan and
hold pickleball tournaments for residents of the City in conjunction with the City's Parks & Recreation
Division.
D. 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. Citv Services. City will provide the following services:
City will provide Club free access to no more than six (6) of the eight (8) total
pickleball courts at Franklin Park in accordance with an agreed schedule of use,
attached hereto and incorporated herein as Exhibit A. City will provide priority to
Club when scheduling such facilities for use in accordance with these terms and
the agreed schedule of use.
• 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.
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• 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 registering through the City Parks and Recreation Division. All
proceeds from the tournaments, less the amount necessary to cover the direct
costs of the Club for the presentation of the tournament, shall be provided to the
City to be used for improvements to the pickleball courts. An itemized list of
tournament expenses must be presented to the City within 2 weeks of the
conclusion of the tournament. The Club may rent the courts at the established
rental rate for tournaments that are not co -sponsored by the City and utilize those
funds as they deem necessary.
In partnership with the Yakima Parks and Recreation Division, provide at least 8
hours pickleball introduction for the public per year and provide 2 pickleball clinics
per year for people that are interested in engaging in the sport and that have
registered for such instruction through the City Parks and Recreation Division.
• Provide pickleball court maintenance assistance such as sweeping the courts
prior to play and generally keeping the court areas free of debris.
3. Consideration. The Club's contribution of approximately $10,000 (50% of total cost) and
over 600 volunteer hours toward the development of the 8 pickleball courts at Franklin Park and the
mutual promises, conditions and benefits set forth in this Agreement is deemed by the City to
constitute good and sufficient consideration for this Agreement authorizing the Club to have specific
times for the Club to utilize no more than six (6) of the eight (8) pickleball courts for its members
during the times as set forth in Exhibit A.
4. Term. This Agreement shall commence on July 8, 2020, and shall terminate at midnight on
December 31, 2022, 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
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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. 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.
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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) that clearly states who the provider is, the amount 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
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TO CLUB:
Yakima Pickleball Club
2300 River Road, #10
Yakima, WA 98902
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. Integration 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. Governing 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:
Alex Mey rhoff, nm City anager Bob Guch e, President
Date:
ATTEST:
.1„ fa(11.,,11„.
Sonya C a r Tee, City Clerk
COY CONTRACT NO:
LcX) 1 15
RESOLUTION NO: r* 7417,—)
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Attachment A
The Yakima Pickleball Club will have reserved access to the pickleball courts at Franklin Park during the
times and under the conditions set forth below. The typical piok|ebaUseason will begin inApril and
continue through October each year. Asweather conditions permit, the season may beincreased.
During each season, the Yakima PickebaU Club may use uptosix (6) ufthe eight (8) Franklin Park
pickleball courts for organized club play (Courts 1-6). Members and guests have priority access to these
courts. New players are encouraged to join the club but may play as a guest up to three times, this only
applies tmclub play oncourts l-Gduring club play times. YPCmay post signagetoexplain the rules to
the public after approval by the City.
New people interested in learning to play will be invited to attend a pickleball 101 class which will be
offered twice per month. Aclub member may offer toteach new people who show upatthe courts, but
the club cannot guarantee that someone would beavailable.
Club play times:
* Monday, Wednesday, Friday from D:3Oamuntil 13:3Dpm.
• Mondays thru Friday evenings, from 5:30 prn until dark.
In addition to the scheduled play time identified herein, in partnership and cooperation with the Yakima
Parks & Recreation Division, the Club may use pick|ebaU court time to host tournaments, instructional
clinics and lessons.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.C.
For Meeting of: July 7, 2020
ITEM TITLE: Resolution authorizing an agreement with the Yakima Pickleball
Club
SUBMITTED BY: Scott Schafer, Director of Public Works
Ken Wilkinson, Parks & Recreation Manager, 509 576 6416
SUMMARY EXPLANATION:
The Parks & Recreation Division worked with the Yakima Pickleball Club on the renovation and
conversion of Franklin Park's northern three tennis courts into eight pickleball courts. The Club
raised over$10,000 to assist with the renovation costs and volunteered many hours helping parks
maintenance staff with the renovation. The Yakima Pickleball Club is requesting priority use of
some of the courts, but will encourage anyone to join them at specific times to reserve instruction
and inclusion in the group.
Attached for City Council review is the Agreement between the Yakima Pickleball Club and the
City.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution.
ATTACHMENTS:
Description Upload Date Type
U Resolution 6/17/2020 Resolution
U Yakima Pickleball Club agreement 6/16/2020 Contract
U Attachment A 6/16/2020 Contract