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HomeMy WebLinkAboutR-2009-027 West Valley Community Park Maintenance MOA with West Valley School District No. 208RESOLUTION NO. R-2009-27 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a "Memorandum of Agreement (MOA) between the City of Yakima and the West Valley School District No. 208 for the maintenance of West Valley Community Park. WHEREAS, the City of Yakima operates and maintains an extensive parks system and conducts substantial recreation programs; and WHEREAS, Yakima County asked the City of Yakima to take over the West Valley Community Park, since it was annexed into the City Limits; and WHEREAS, since 1984 the City of Yakima has had a formally adopted Comprehensive Parks and Recreation Plan and currently has the 2006-2011 Parks and Recreation Comprehensive Plan for future parkland acquisition; and WHEREAS, the Yakima City Council approved maintenance of the West Valley Community Park in 2006; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the "Memorandum of Agreement" with the West Valley School District No. 208 for the maintenance of West Valley Community Park since becoming part of Yakima's extensive parks system, 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 "Memorandum of Agreement between the City of Yakima and the West Valley School District No. 208, for the maintenance of West Valley Community Park. ADOPTED BY THE CITY COUNCIL this 3cd day of Fe ary, 2009. ATTEST: avid Eder 'a or CitvClerk 4 Zoog - Z� MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF YAKIMA AND WEST VALLEY SCHOOL DISTRICT NO. 208 FOR THE MAINTENANCE OF WEST VALLEY COMMUNITY PARK THIS MEMORANDUM OF AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a municipal corporation (hereinafter the "City") and West Valley School District No. 208, a municipal corporation (hereinafter the "School District"). RECITALS AND FINDINGS WHEREAS, it is the objective of both the City and Yakima County (the "County") to enter into an Agreement, transferring the County's title interest in the West Valley Community Park (hereinafter the "Park") to the City in 2008 and the City and the County have approved a Transfer Agreement; WHEREAS, the City and the School District desire to enter into the same relationship for joint use and maintenance of the Park grounds that the School District previously had with the County; WHEREAS, a cooperative relationship between the City and the School District for joint use and maintenance of the Park grounds is in the best interests of the community; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and the School District as follows: 1. Purpose. The purpose of this Agreement is to ensure that the West Valley Community Park is jointly used and maintained by the City and the School District for the enjoyment of the community. 2. Term. This agreement shall become effective on its execution by the City and the School District and its filing with the County Auditor's office and the City Clerk's office for a term of ten (10) years unless sooner terminated by either party in accordance with Section 23 of this Agreement. 3. Administration. This Agreement shall be administered by the City of Yakima Parks and Recreation Manager or his/her designee and the Assistant Deputy Superintendent or his/her designee. Meetings shall be held at least once per year to plan for future joint use and to otherwise administer this Agreement. 4. Consideration. The parties agree that no fees will be charged. WV Park Maintenance Agreement Page 1 of 5 5. Performance Excused Under Certain Conditions. Either party's failure to perform its obligation under this Agreement shall be excused if due to causes beyond the control and without fault or negligence of the party, including but not limited to acts of God, acts of the public enemy, fires, floods, epidemics, strikes, and/or weather conditions. 6. Property Ownership. Unless otherwise provided herein or agreed to in writing by the parties, all property acquired by either party during the term of this Agreement related to its performance under this Agreement shall be paid for solely by that party and shall remain the property of that party in the event of termination of this Agreement. Any property acquired jointly by the City and the School District during the term of this Agreement relating to the subject of this Agreement shall, upon termination of this Agreement, be disposed of in such manner as mutually agreed upon by the parties. 7. Duties of the City. The City agrees to perform the following duties unless otherwise specified: a. Basic Maintenance. "Basic Maintenance" means park clean up detail, including litter control, vandalism and graffiti removal. b. Playground Maintenance. "Playground Maintenance" means inspection and upkeep of playground equipment, making repairs as necessary. c. Trim Mowing. "Trim Mowing" means mowing the grass areas in designated strips surrounding the park and performing turf control. Trim mowing does not include mowing the main, expansive grass areas. d. Irrigation Maintenance. "Irrigation Maintenance" means inspection and upkeep of the Park's irrigation system, making repairs as necessary. e. Tree Maintenance. "Tree Maintenance" means inspection and upkeep of the Park's trees, including maintenance of broken, diseased or damaged trees and limbs. f. Utilities. "Utilities" means payment of the Park's utilities, including water, sewer, irrigation, and electricity. Park Reservations. "Park Reservations" means processing reservations for the Park's three picnic shelters and collecting any associated fees. h. Restroom Maintenance. "Restroom Maintenance" includes opening, inspection, cleaning and closing of the Park's restroom facilities on or before mid-April through mid-October of each year. g. 8. Duties of the School District. The School District agrees to perform the following duties: a. Primary Mowing. "Primary Mowing" means cutting and maintenance of all grass in the main park areas, a service that was provided by the School WV Park Maintenance Agreement Page 2 of 5 District prior to this Agreement, and shall be provided in the same manner henceforth. b. Refuse. Provide a two yard dumpster for refuse collection for emptying once per week. 9. Enforcement of School District Rules. The School District will continue to enforce its rules for students, as they have in the past, on school property as well as Park property. 10. No Third Party Rights. This Agreement is entered into for the sole benefit of the City and the School District. It shall confer no benefits or rights, direct or indirect, on any third parties. No person or entity other than the parties themselves may rely upon or enforce any provision of this Agreement. The decision to assert or waive any provision of this Agreement is solely that of the City or the School District. 11. No Insurance From City. It is understood the City does not maintain liability insurance for the School District. 12. Indemnification and Hold Harmless. The School District agrees to protect, defend, indemnify, exonerate, and hold harmless the City, its elected 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 the provision of services, work or materials pursuant to this Agreement. The School District 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. 13. Assignment. This Memorandum of Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the School District to any other person or entity without the prior written consent of the City. 14. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. Any provisions of this Agreement which shall prove to be invalid, unenforceable, void, or illegal shall in no way affect, impair or invalidate any other provisions hereof, and such other provisions shall remain in full force and effect. Any provision in this Agreement in direct conflict with any statutory provisions of the State of Washington shall be deemed modified to conform to such statutory provisions. WV Park Maintenance Agreement Page 3 of 5 15. Notices. All notices shall be in writing and communicated to the parties as follows: TO CITY: R.A. Zais, Jr. City Manager City of Yakima 129 North Second Street Yakima WA 98901 TO WEST VALLEY: Peter Ansingh SCHOOL DISTRICT, Superintendent NO. 208 West Valley School District, No. 208 8902 Zier Road Yakima WA 98908 And Tom Fleming Assistant Superintendent West Valley School District, No. 208 8902 Zier Road Yakima WA 98908 16. 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 is binding on the parties. 17. Governing Law. This Agreement is governed by and interpreted in accordance with the laws of the State of Washington. 18. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 19. Interpretation. The parties shall strive at all times to interpret and to implement the Agreement in a spirit of cooperation. 20. Compliance With The Law. All 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. 21. Termination. Either party may terminate this Agreement, with or without cause, by providing the other party sixty (60) days prior written notice of termination. 22. Filing. A copy of this Agreement shall be filed with the County Auditor pursuant to RCW 39.34.040 and the City Clerk's office. WV Park Maintenance Agreement Page 4 of 5 23. Integration, Supersession and Modification. 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 prior negotiations, discussions and understanding between the parties as to the subject matter 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. 24. Non -Waiver. The waiver by the School District or the City of the breach of any provision of the Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. a /Mg Date: ATTESk)�� i J �' City Clerk . i8X Date: City of Yakima R. A. Zais, Jr. City Manager CITY CONTRAC f NO: /1 p�DO9/ a+Z/ RESOLUTION NO: -.RD. 9-,R '7 West V : lley Sc ooDistrict No. 208 Peter Ansingh Superintendent WV Park Maintenance Agreement Page 5 of 5 • • ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 44/ `f For Meeting of: February 3, 2009 Consideration of a Resolution authorizing a Memorandum of Agreement (MOA) with West Valley School District No. 208 for the maintenance of West Valley Community Park SUBMITTED BY: Chris Waarvick, Director of Public Works Ken Wilkinson, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Ken Wilkinson, 575-6020 SUMMARY EXPLANATION: Staff respectfully requests the City Council approve the attached Memorandum of Agreement (MOA) with the West Valley School District No. 208 for maintenance services for the West Valley Community Park. Property conveyance from Yakima County took place May 2008 for this 24.5 -acre facility located at 1420 South 75th Avenue, adjacent to the West Valley Middle School. Maintenance operations for this park have been a joint effort with the West Valley School District since the West Valley Community Park became part of the City's parks system. As stated in the MOA, West Valley School District agrees to continue to perform the primary mowing of the park and to provide a two -yard dumpster for refuse collection. The City agrees to perform basic maintenance of the park, including playground maintenance, trim mowing, irrigation maintenance, tree maintenance and restroom maintenance, and will also process park reservations and pay for utilities at the park. Resolution X Ordinance Other (Specify) MOA Mail to (name and address): Funding Source: 2009 Parks & Recreation Bud • e APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Due in part to the cost savings from the West Valley School District, staff respectfully requests the City Council to adopt the Resolution authorizing a Memorandum of Agreement (MOA) between the City of Yakima and the West Valley School District No. 208 for maintenance of the West Valley Community Park. BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Parks and Recreation Commission endorses this request. COUNCIL ACTION: Wet Week Perk- Mart Pget West Wiley School Omelet Agenda Smlemert(2)