HomeMy WebLinkAbout06/18/2024 07.I. Resolution authorizing an agreement with Yakima Rotaract for the development, maintenance and use of a pollinator garden at West Valley Community Park r `y s ljlt
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.1.
For Meeting of: June 18, 2024
ITEM TITLE: Resolution authorizing an agreement with Yakima Rotaract for the
development, maintenance and use of a pollinator garden at West
Valley Community Park
SUBMITTED BY: Scott Schafer, Public Works Director
*Ken Wilkinson, Parks & Recreation Manager
SUMMARY EXPLANATION:
Rotaract, a Rotary Club in Yakima for young professionals. has approached the Yakima Parks &
Recreation Division to create a pollinator garden at West Valley Community Park. The pollinator garden
will be 16 feet x 16 feet and will be design by Emily Hamant, a Conservation Educator and Yakima
Heritage Gardens Coordinator. The garden will be planted with plants that will attract pollinators. The
location of the garden will be on the north side of Wide Hollow Creek in an area that has been planted in
natural grasses and vegetation. Rotaract will complete the preparation of the area with the assistance
for Park Maintenance, pay for and plant the plants. A presentation was given to Yakima Park &
Recreation Commission on Wednesday, May 8, 2024 and the project has received their approval.
Enclosed for City Council review is the Agreement between the City and Yakima Rotaract.
ITEM BUDGETED: N/A
STRATEGIC PRIORITY: Strengthening Partnerships
RECOMMENDATION: Approve Resolution.
ATTACHMENTS:
Resolution
Pollinator Garden Agreement 041824 v.4 -final.docx
WVCP pollinator garden locaton map.pdf
Pollinator Garden Sign Example - exhibit 2.pdf
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RESOLUTION NO. R-2024-
A RESOLUTION approving an agreement with Yakima Rotaract ("YR") for development,
maintenance, and use of a portion of West Valley Community Park
("Park") for a Pollinator Garden ("Garden").
WHEREAS, the City is the owner of the Park located generally at 1323 S. 80th Avenue,
Yakima, Washington; and
WHEREAS, the Park is a valuable resource for the community; and
WHEREAS, the City is committed to ensuring that improvements to the Park serve the
best interests of the community, improve the Park facilities, and serve to enhance the Park; and
WHEREAS, YR is interested in bettering the Park through the placement of the Garden
at the Park; and
WHEREAS, the Garden will be approximately 16 feet by 16 feet, but may be expanded in
the future, and will be located approximately at the 75th Avenue cul de sac at the Park; and
WHEREAS, YR will provide all funding for purchasing materials and installation of the
Garden, the walkway and the educational sign/post, including, without limitation the purchasing
and planting of the plants and vegetation, and maintenance of the same at the Park as provided
herein; and
WHEREAS, YR will consult and seek support services from the Benton County
Conservation District ("Benton"), whose address is 418 N. Kellogg St., Suite B, Kennewick, WA
99336, prior to and during YR's performance under this Contract. Benton is anticipated to provide
YR planning and consultation on the preparation for the Garden, including, without limitation,
consultation on the plants and vegetation to be planted, the layout of the Garden, and the site
plan and planting plan. Benton will not be providing any funding for the Garden and is not a party
to the agreement. In return for its consultation, Benton will be permitted to install a "Heritage
Garden" sign at the Garden in a location agreed upon by all parties; and
WHEREAS, the City is willing to accept the financial, design and other resources offered
by YR for the improvements; and
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima to enter into an Agreement with YR, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Interim City Manager or his designee is hereby authorized and directed to enter into
the Agreement between the City and YR, attached hereto and incorporated herein, for
development, maintenance, and use of a portion of the Park for the Garden.
1
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ADOPTED BY THE CITY COUNCIL this 18th day of June, 2024.
Patricia Byers, Mayor
ATTEST:
Rosalinda Ibarra, City Clerk
2
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AGREEMENT FOR DEVELOPMENT, MAINTENANCE AND USE OF A PORTION OF WEST VALLEY
COMMUNITY PARK FOR A POLLINATOR GARDEN
THIS AGREEMENT is entered into between the City of Yakima ("City")whose address is 129 North
2nd Street,Yakima, Washington, 98901; and the Yakima Rotaract ("YR")whose address is 502 W. Nob Hill
Blvd., Ste 2, Yakima, WA 98902 for purposes of the development, maintenance and use of a portion of
West Valley Community Park("Park") placement of a pollinator garden ("Garden").
WHEREAS, the City is the owner of the Park located generally at 1323 S. 80th Avenue, Yakima,
Washington;
WHEREAS,the Park is a valuable resource for the community;
WHEREAS, the City is committed to ensuring that improvements to the Park serve the best
interests of the community, improve the Park facilities, and serve to enhance the Park;
WHEREAS,YR is interested in bettering the Park through the placement of the Garden at the Park;
WHEREAS, the Garden will be approximately 16 feet by 16 feet, but may be expanded in the
future, and will be located at the 75th Avenue cul de sac at the Park at the approximate location indicated
in the map attached hereto as Exhibit 1.
WHEREAS,YR will provide all funding for purchasing materials and installation of the Garden,the
walkway and the educational sign/post, including, without limitation the purchasing and planting of the
plants and vegetation, and maintenance of the same at the Park as provided herein;
WHEREAS,YR will consult and seek support services from the Benton County Conservation District
("Benton"). whose address is 418 N. Kellogg St., Suite B, Kennewick, WA 99336, prior to and during YR's
performance under this Contract. Benton is anticipated to provide YR planning and consultation on the
preparation for the Garden, including,without limitation, consultation on the plants and vegetation to be
planted,the layout of the Garden, and the site plan and planting plan. Benton will not be providing any
funding for the Garden and is not a party to this Contract. In return for its consultation, Benton will be
permitted to install a "Heritage Garden" sign at the Garden in a location agreed upon by all parties.
WHEREAS,the City is willing to accept the financial, design and other resources offered by YR for
the improvements; and
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 YR in the
Park for the installation and maintenance of the Garden and to provide for effective cooperation in the
implementation of the provisions set forth herein.
City of Yakima—Pollinator Garden Agreement
Page 1
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2. Obligations of the Parties.
The City shall perform the following obligations:
A. The City shall assist in planning the improvements to the Park to add the Garden,the walkway,
and the educational sign/post.
B. The City shall oversee the site development in accordance with the plans provided by Benton
to YR.
C. The City shall maintain and make necessary adjustments to the irrigation system, if any,at the
Garden.
D. The City shall install an educational sign and post to be purchased by YR.
E. The City shall work with YR to ensure the YR has access to the Garden for maintenance and
upkeep.
F. The City will construct the earthen walkway to the Garden.
YR shall perform the following obligations:
A. Construction and Development
1. YR shall build the Garden in the location provided in Exhibit 1 hereto and in the manner
proscribed in the site plan and planting plan provided to YR by Benton and approved by
Public Works.
2. As soon as practical after receiving approval from Public Works for a mutually agreed plan,
YR shall commence work and advise Public Works of its progress with final completion of
the project required within two months of the start date, unless a different date is
mutually agreed upon in an amendment to this Agreement.
3. YR shall inform Public Works of the progress of the project and promptly consult with
Public Works concerning any proposed changes from the working drawings, planned
construction, landscape or other elements of the site including, but not limited to the
Garden.
4. YR shall immediately halt all work at the site and consult with Public Works regarding any
problem or material change in the plans.
5. YR shall be solely responsible for the construction (and maintenance as provided in the
following subsection). If YR contracts with and/or uses subcontractors in such
construction (and maintenance), YR shall be solely responsible for the timely and full
payment of such subcontractor(s). YR shall ensure that no materialman, contractor, or
similar lien(s) or encumbrances, are placed on the Garden or any property of the City as
a result of any work performed by any subcontractor engaged by YR.
6. YR shall purchase an educational sign and post for the Garden. The sign shall be in the
form and contain the information as indicated in Exhibit 2 attached hereto and shall be
approved by the City prior to purchase. The sign shall be approximately four (4)feet off
the ground. The sign shall be located in the approximate location provided in Exhibit 1.
City of Yakima—Pollinator Garden Agreement
Page 2
48
B. Operation and Maintenance
1. YR shall maintain the Garden, the educational sign and associated improvements,
including, without limitation, pulling weeds in the Garden and replacing plants or
vegetation that need replacing. The parties anticipate that within three (3) years of the
construction of the Garden that it will be self-sustaining. When the Garden is deemed
self-sustaining by the City, YR's obligations under this subparagraph shall not be tasked
with continuing to replace plants and vegetation.
2. YR shall ensure the overall condition of the Garden and associated improvements are
consistent with the general standards for use and enjoyment by the public with
appropriate regard for health, safety and welfare,the aesthetics of the area and all other
aspects of the site and its elements.
3. YR and the City shall cooperate to ensure that the Garden will be replaced if there is
destruction, whether due to accident, natural causes, vandalism or other factors.
Replacement of the Garden and associated improvements shall be at the expense of YR.
4. YR will be permitted to install a sign recognizing their donation and the size and location
will be agreed upon by the City and YR.
C. Alteration and Removal
1. YR shall not materially alter the Garden or its configuration without prior written approval
from Public Works.
2. YR shall not remove any part of the Garden or the associated improvements without prior
written approval from Public Works.
3. If it is determined by the City that the Garden should be removed for any reason,the City
may choose to remove the Garden in its discretion. If the City decides to remove the
Garden,YR will assist in the Garden's removal.
D. Consultation with City
1. YR shall consult with Public Works on an annual basis, or more often as necessary, for
purposes of monitoring the condition of the Garden and improvements and determining
if any additional improvements are required in the operation and maintenance of the site.
2. YR shall provide all requested information, as requested by Public Works, concerning the
condition of the Garden and associated improvements, and shall not unreasonably
withhold consent to meeting and exchanging information necessary to implement this
Agreement.
E. Consultation with Benton:
1. YR shall consult with Benton and, in consultation with the City, create a site plan and
planting plan for the Garden.
2. The proposed design, including working drawings, shall be submitted to the City's
Department of Public Works ("Public Works") for review and approval prior to
commencement of any ground-disturbing activity at the site.
City of Yakima—Pollinator Garden Agreement
Page 3
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3. The design documents and working drawings shall include all features of the Garden
including any landscaping around the Garden and all of the plants and vegetation to the
planted in the Garden.
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. YR
shall proceed with its obligations in a timely 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 Contractors. YR and Benton (for its consultation work)are independent contractors
in the performance of each and every part of this Agreement. As independent contractors,they assume
the entire responsibility for carrying out and accomplishing the work and/or services required under this
Agreement. Each shall have the sole judgment of the means, mode or manner of the actual performance
of the work and/or services required under this Agreement. Additionally, and as an independent
contractor, it,and its employees and volunteers,shall make no claim of City employment nor shall it 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 YR and/or Benton, any officer, employee,volunteer or agent thereof, and the City.
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 YR may rely upon or enforce any provision of this Agreement.
7. Indemnification and Hold Harmless.
A. YR 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 YR, or any YR's
agents or subcontractors, in performance of this Agreement, including, 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 YR's 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 YR, including,without limitation,the negligence or willful misconduct of YR,YR shall at once
cause the same to be dissolved and discharged by giving bond or otherwise.
City of Yakima—Pollinator Garden Agreement
Page 4
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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 YR and the City,YR's liability, including
the duty and cost to defend, shall be only to the extent of the YR's negligence.
C. Industrial Insurance Act Waiver. It is specifically and expressly understood that YR
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.YR's 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. YR shall require that its subcontractors, and anyone directly or indirectly employed
or hired by YR, and anyone for whose acts YR 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. 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, or 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. YR shall maintain (in accordance with generally accepted
accounting practices) 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 YR 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. YR shall provide
the City sufficient,safe, and proper facilities, and/or send copies of the requested documents to the City.
YR's records relating to this Agreement will be provided to the City upon the City's request.
City of Yakima—Pollinator Garden Agreement
Page 5
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YR 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 YR's obligations under this Agreement must be
made available to the City, and the records relating to YR's obligations under this Agreement are City of
Yakima records. Such records must be produced to third parties, if required pursuant to the Washington
State Public Records Act, Chapter 42.56 RCW, or by law.
All records relating to YR's obligations under this Contract must be retained by YR 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.
11. No insurance by City Covering YR or Benton. It is understood the City does not maintain
liability insurance for YR or Benton,or its employees,officers, volunteers or subcontractors.
12. Contractor's Liability Insurance. At all times during performance of the obligations under this
Agreement, YR shall secure and maintain in effect insurance to protect the City and YR from and against
any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this
Agreement.
YR shall provide and maintain in force insurance in limits no less than that stated below, as applicable.
The City reserves the right to require higher limits should it deem it necessary in the best interest of the
public. YR will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies
and outlined herein. A copy of the additional insured endorsement attached to the policy will be included
with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of
work.
Failure of City to demand such verification of coverage with these insurance requirements or failure of
City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver
of YR's obligation to maintain such insurance.
YR's insurance coverage shall be primary insurance with respect to those who are named as additional
insureds under this Agreement. Any insurance, self-insurance or insurance pool coverage maintained by
the City shall be in excess of the YR's insurance and neither the City nor its insurance providers shall
contribute to any settlements, defense costs, or other payments made by YR's insurance. All additional
insured endorsements required by this Section shall include an explicit waiver of subrogation.
If at any time during the life of the Agreement, or any extension, YR fails to maintain the required
insurance in full force and effect, all work under this Agreement shall be discontinued immediately. Any
failure to maintain the required insurance is sufficient cause for the City to terminate the Agreement.
City of Yakima—Pollinator Garden Agreement
Page 6
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The following insurance is required:
a. Commercial Liability Insurance. Before this Agreement is fully executed by the parties,
YR 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. If YR carries
higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and
the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named
as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are in effect. Said
policy shall be in effect for the duration of this Contract. The certificate of insurance and additional
insured endorsement shall name the City of Yakima, its elected and appointed officials, employees,
agents, attorneys and volunteers as additional insureds,and shall contain a clause that the insurer will not
cancel or change the insurance without first giving the City prior written notice. The insurance shall be
with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State
of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of
insurance maintained by YR is not intended to and shall not in any manner limit or qualify the liabilities or
obligations assumed by YR under this Agreement.
b. Employer's Liability(Stop Gap). YR and any and all subcontractor(s) shall at
all times comply with all applicable workers'compensation,occupational disease,and occupational health
and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's
Liability insurance with a limit of no less than$1,000,000.00. The City shall not be held responsible in any
way for claims filed by YR or its employees for services performed under the terms of this Agreement. YR
agrees to assume full liability for all claims arising from this Agreement including claims resulting from
negligent acts of all subcontractor(s). YR is responsible to ensure subcontractor(s) have insurance as
needed. Failure of subcontractors(s) to comply with insurance requirements does not limit YR's liability
or responsibility.
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 YR shall meet to discuss any outstanding issues related to the
development of the site and/or 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 or Amendments. 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.
City of Yakima—Pollinator Garden Agreement
Page 7
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17. Severability. 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. Further, if any provision of this Agreement is in direct
conflict with any statutory provision of the State of Washington, that provision in this Agreement 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.
18. Termination. The parties may terminate this Agreement,with or without cause,by written notice
from either party to the other party thirty (30) days in advance of the termination. If (a)the Agreement
is terminated; or (b) if, in the sole discretion of the City,the Garden is not being properly maintained by
YR, the City may remove the Garden and all improvements relating thereto. Upon any removal by the
City under this paragraph,this Agreement shall be automatically terminated.
19. Assignment. YR may not assign its interest in this Agreement without the prior written consent
of the City, which consent may be withheld in the sole discretion of the City. The City may assign its
interest in this Agreement at its discretion and without the consent of the other parties.
20. 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.
21. 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
Dave Zabel!, Interim City Manager
129 North Second Street
Yakima, WA 98901
COPY TO: CITY OF YAKIMA
c/o Parks& Recreation Manager
2301 Fruitvale Blvd.
Yakima, WA 98902
TO: Yakima Rotaract
C/O Kyle Rasmussen
P.O. Box 464
Yakima, WA 98907
City of Yakima—Pollinator Garden Agreement
Page 8
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22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws
of the State of Washington. Venue for any claim or dispute shall be in Yakima County, Washington.
DATED this day of , 20_
CITY OF YAKIMA YAKIMA ROTARACT
Dave Zabel!, Interim City Manager Print Name:
Title:
ATTEST:
Rosalinda Ibarra, City Clerk
City of Yakima—Pollinator Garden Agreement
Page 9
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