HomeMy WebLinkAboutR-2024-112 Resolution authorizing an agreement with the Yakima Youth Golf Association for the 1st Tee of Yakima Program RESOLUTION NO. R-2024-112
A RESOLUTION approving the agreement with the Yakima Golf Organization, aka the First
Tee of Yakima ("First Tee") for use of Fisher Park Golf Course ("Fisher")
for certain youth golf activities.
WHEREAS, the City is the owner of Fisher located generally at 823 S. 40th Ave.,
Yakima, Washington; and
WHEREAS, Fisher is a valuable resource for the community and First Tee provides golf
services that are a benefit to the area youth; and
WHEREAS, First Tee wishes to use Fisher for its youth golf activities during summer
months. First Tee's youth golf activities include golf classes and training for children in groups of
up to 15; and
WHEREAS, the City and First Tee desire to execute a contract regarding scheduling,
consideration, and coordination of use by First Tee of Yakima; and
WHEREAS, the parties anticipate that the program will begin on June 24, 2024 and will
run until August 19, 2024 ("Season"). Unless otherwise extended, the Agreement shall
terminate automatically at the end of the Season; 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 First Tee; 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 First Tee, attached hereto and incorporated herein, for use
of Fisher for certain youth golf activities.
ADOPTED BY THE CITY COUNCIL this 18th day of June, 2024.
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Patricia By s, Mayor
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AGREEMENT BETWEEN CITY OF YAKIMA AND
THE YAKIMA YOUTH GOLF ORGANIZATION
(Fisher Park Golf Course)
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Yakima,
a Washington municipal corporation ("City"), and the Yakima Youth Golf Organization, aka the
First Tee of Yakima ("First Tee").
WHEREAS, First Tee wishes to use the Fisher Park Golf Course ("Fisher"), a public golf course
owned by the City, for its youth golf activities during summer months. First Tee's youth golf
activities include golf classes and training for children in groups of up to 15; and
WHEREAS, City and First Tee desire to execute a contract regarding scheduling and coordination
of use by First Tee of Fisher.
NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises, terms and
conditions set forth herein, it is agreed by and between the City and the First Tee as follows:
1. Term. City shall work with First Tee in determining the exact dates for use of Fisher for First
Tee's youth golf summer program. The parties anticipate that the program will begin on June 24,
2024 and will run until August 19, 2024. The period of time that First Tee shall have use of Fisher
under this Agreement shall be referred to herein as the"Season". All use of Fisher and its facilities
during the Season are dependent on the weather. The determination of whether the weather
permits the use of Fisher and its facilities is at the sole discretion of City. Unless otherwise
extended as provided in this Agreement, the Agreement shall terminate automatically at the end
of the Season.
2. Dates for Use of Fisher During Season. During the Season and as described in this
Agreement, First Tee shall be permitted to use a portion of Fisher and its facilities to run its youth
golf program. First Tee's youth golf program will consist of golf classes for children. Each class
will include no more than 15 children and the classes shall be held in the locations at Fisher as
described herein. First Tee shall be permitted to hold the youth golf classes on Mondays, during
the Season. All youth golf classes shall be held between the hours of 1 pm. and 4:45 p.m. during
the permitted days of the week. It is anticipated by the parties that First Tee will hold 2 to 3
classes per permitted day during the Season
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3. Consideration for Use. First Tee shall pay the City the sum of $2.00 per golfer per day
that attends a youth golf class sponsored or put on by First Tee. It shall be the sole responsibility
of First Tee to make this payment to the City and the payment shall not be dependent on collection
of funds by First Tee from the golfers. No later than Friday of each week during the Season,
Mollie Thola, FTCW Program Director shall provide Fisher a written accounting of the number of
golfers that attended a youth golf class that week. The amount due from First Tee to the City
shall be calculated based on the provided weekly accounting. At the end of the Season, the City
shall invoice FTCW based on the total number of golfers that attended a First Tee event during
the Season. Payment shall be due within 14 days from the date of the invoice
4. Use of Fisher & Facilities. First Tee shall be permitted to use the following portions of
Fisher to conduct its classes:
A. Putting Green. First Tee may use a portion of the putting green at Fisher to conduct
its youth golf classes during the permitted days and times.
B. Practice Area. First Tee shall have the use of a portion of Fisher as indicated and
described on Exhibit A hereto during the permitted days and times.
First Tee understands that Fisher is a public golf course and the golf course will be open to the
public and other golfers during the course of the Season and while First Tee is conducting its
youth golf classes. First Tee agrees that it will take reasonable steps to ensure that its activities
do not disturb the enjoyment of Fisher by the public and other golfers using the facilities. First
Tee will limit use of Fisher's facilities and property as described in this Paragraph.
5. First Tee's Additional Responsibilities.
A. Notification of Start of Season & Class Schedule. While it is anticipated that the
Season will run from approximately the middle of June to approximately the end of August, 2024,
the exact start and end date of the Season is unknown by the parties. In any event, the parties
agree that the Season may begin no earlier than Monday, June 3, 2024 and shall end no later
than Friday, September 13, 2024. First Tee shall notify Fisher in writing at least two (2) weeks in
advance of the date of the first youth golf class to be held during the Season. First Tee shall give
Fisher two (2)weeks written notice of the last youth golf class it intends to hold during the Season.
B. Designation of Contact Person. First Tee will designate a First Tee board member
or employee who will represent First Tee and work with the Parks and Recreation Manager or
designee on all conditions of this Agreement.
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C. Books and Records. First Tee shall maintain accurate books and records of all
records relating to this Agreement. The records relating to this Agreement shall be promptly
furnished to the City upon request. Until the expiration of six (6) years after the termination date
of this Agreement, or for a longer period of time if required by law or the Washington State
Secretary of State's record retention schedule, First Tee shall retain and provide the City access
to all of the First Tee books, documents, papers and records which are related to this Agreement.
If any litigation, claim, or audit is started before the expiration of the six-year period or retention
schedule time period, the records shall be retained until all litigation, claims, or audit findings
involving the records have been resolved.
All records relating to First Tee and this Agreement must be made available to the City
and 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 this Agreement must be retained by First
Tee for the minimum period of time required pursuant to the Washington State Secretary of State's
records retention schedule.
The terms and conditions of this section shall survive any expiration or termination of this
Agreement.
D Removal of First Tee Equipment. First Tee shall remove from Fisher all moveable
equipment and personal property of First Tee at the end of each day of classes during the Season.
Upon the end of the Season or termination of this Agreement, whichever occurs first, First Tee
shall remove all of its equipment and personal property from Fisher. If First Tee fails to remove
its equipment and property upon the earlier of the end of the Season or termination of this
Agreement, the City shall have the right to either remove and store all of said property and effects
at the expense of First Tee or declare the property abandoned and remove and dispose of the
property. If the City chooses to remove and store said property, First Tee must pay the expense
of moving and storage within thirty (30) days of the end of the Season. If payment is not made,
the property shall be considered abandoned to the City and the City may utilize the property,
surplus and dispose of the property, or simply dispose of the property, at the City's discretion.
6. Term of Agreement — Renewal. This Agreement shall be for a term that comprises the
Season, unless earlier terminated by either party in accordance with Section 20 of this Agreement.
The Agreement shall terminate automatically at the end of the Season.
7. Status of First Tee. First Tee and City understand and expressly agree that First Tee is an
independent contractor in the performance of each and every part of this Agreement. First Tee
and its employees shall make no claim of City employment nor shall claim against City any related
employment benefits, social security and/or retirement.
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8. Taxes and Assessments. First Tee shall be solely responsible for compensating its
employees and for paying all related taxes, deductions and assessments, including but not limited
to, federal income tax, FICA, social security, assessments for unemployment and industrial injury,
and other deductions from income which may be required by law or assessed against either party
as a result of this Agreement. In the event City is assessed a tax or assessment as a result of
this Agreement, First Tee shall pay the same before it becomes due.
9. Nondiscrimination Provision. During the performance of this Agreement, First Tee shall
not discriminate on the basis of race, color, sex, religion, national origin, creed, marital status,
political affiliation, or the presence of any sensory, mental or physical handicap. This provision
shall include but not be limited to the following: programming, employment, upgrading, demotion,
transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, and the provision of services under this Agreement.
10. The Americans With Disabilities Act. First Tee agrees to comply with the Americans With
Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA), and its implementing regulations
insofar as such are applicable to the programs and services offered by First Tee. The ADA
provides comprehensive civil rights to individuals with disabilities in the area of employment,
public accommodations, state and local government services and telecommunications. City and
First Tee shall cooperate to maintain and assure compliance with ADA standards applicable to
capital improvements to Fisher.
11. Compliance with Law. First Tee 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.
12. No Insurance Provided by City. It is understood the City does not maintain liability
insurance for First Tee and/or its members, officers, agents, employees and/or volunteers or
participants in its programming.
13. Indemnification and Hold Harmless.
A. First Tee agrees to release, defend, indemnify and hold harmless the City, its elected
and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and
volunteers from any and 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 First Tee,
or any of First Tee's agents, subcontractors, volunteers, or participants in performance of this
Agreement.
B. Nothing contained in this Section or this Agreement shall be construed to create a
liability or a right of indemnification in any third party.
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C. The provisions of Section 13 regarding Indemnification and Hold Harmless and
applicable insurance coverage under Section 14 of this Agreement shall survive the termination
of this Agreement.
14. Liability Insurance
At all times during the term of this Agreement, First Tee shall secure and maintain in effect
insurance to protect the City and First Tee from and against all claims, damages, losses, and
expenses arising out of or resulting from the performance of this Agreement. First Tee 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.
First Tee shall provide a Certificate of Insurance to the City as evidence of coverage for
each of the policies as outlined herein. A copy of the additional insured endorsement attached to
the policy shall be included with the certificate. This Certificate of Insurance shall be provided to
the City, prior to the commencement of this Agreement. Failure to provide the City with proof of
insurance and/or to maintain such insurance and provide updated documents as necessary, shall
be a material breach of this Agreement and a basis for termination.
Failure of the 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 First Tee's obligation to maintain such insurance.
First Tee's insurance coverage shall be primary insurance with respect to those who are
Additional Insureds under this Agreement. Any insurance, self-insurance, or insurance pool
coverage maintained by the City shall be in excess of the First Tee's insurance and neither the
City nor its insurance providers shall contribute to any settlements, defense costs, or other
payments made by First Tee'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 this Agreement, or any extension, First Tee fails to maintain
the required insurance in full force and effect, all services or requirements under this Agreement
shall be discontinued immediately. Any failure to maintain the required insurance may be
sufficient cause for the City to terminate the Agreement.
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The following insurance is required:
a. Commercial General Liability Insurance. Before this Agreement is fully executed by
the parties, First Tee shall provide the City with a certificate of insurance and additional insured
endorsements as proof of commercial liability insurance with a minimum liability limit of Two
Million Dollars ($2,000,000.00) per occurrence, combined single bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) general aggregate. If First Tee 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 Agreement. The certificate of
insurance and additional insured endorsements shall name the City of Yakima, its elected and
appointed officials, officers, agents, employees, 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 the City of Yakima's review or acceptance of insurance
maintained by First Tee is not intended to and shall not in any manner limit or qualify the liabilities
or obligations assumed by First Tee under this Agreement.
b. Automobile Liability Insurance. Before this Agreement is fully executed by the parties,
First Tee shall provide the City with a certificate of insurance as proof of automobile liability
insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If
First Tee 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
Agreement. The certificate of insurance and additional insured endorsements 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 First Tee is not intended to and shall not in any manner
limit or qualify the liabilities or obligations assumed by First Tee under this Agreement. The
business auto liability shall include Hired and Non-Owned coverage if necessary.
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c. Employer's Liability (Stop Gap). First Tee 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 First Tee or its employees for services performed
under the terms of this Agreement. First Tee agrees to assume full liability for all claims arising
from this Agreement including claims resulting from negligent acts of all subcontractor(s). First
Tee is responsible to ensure subcontractor(s) have insurance as needed. Failure of
subcontractors(s) to comply with insurance requirements does not limit First Tee's liability or
responsibility
15. Assignment and Subletting. This Agreement, or any interest herein or claim hereunder,
shall not be assigned, transferred or subleased in whole or in part by First Tee to any other person
or entity without the prior written consent of City, at its sole discretion.
16. 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.
17. Integration. This written document constitutes the entire agreement between City and First
Tee and supersedes any and all previous written and/or oral agreements between the parties.
There are no other oral or written agreements between the parties as to the matters covered
herein. No changes or additions to this Agreement shall be valid or binding upon either party
unless such change or addition be in writing and executed by both parties.
18. Non-Waiver. The waiver by First Tee or City of the breach of any provision of this 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.
19. Performance Excused Under Certain Circumstances. Either party's failure to perform
any of its obligations under this Agreement shall be excused if due to causes beyond the control
and without the fault or negligence of the party, including but not limited to acts of God, acts of
the public enemy, acts of any government, fires, floods, epidemics, strikes and/or weather
conditions, or golf course conditions.
20. Termination. Either party may terminate this Agreement, with or without cause, by giving
the other party thirty (30) calendar days' prior written notice of termination. In the event of such
termination, First Tee shall pay City for any amounts due up to the effective date of termination.
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21. 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: Parks and Recreation Division Manager
City of Yakima Public Works
2301 Fruitvale Boulevard
Yakima, Washington 98902
TO FIRST TEE: The Yakima Youth Golf Organization
aka The First Tee of Yakima
P.O. Box 787
Yakima, WA 98907
or 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 three days after the date of mailing or on the date the notice is
hand delivered at the addresses specified above.
22. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
23. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
24. Effective Date. This Agreement shall be effective upon execution by both parties, with the
term commencing at the start of the Season.
CITY OF YAKIMA THE YAKIMA YOUTH GOLF
ORG IZATION
By: By:
egan Nobbs, Executive Director
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Date: 3 I t-Y1,Q -aD"a-Lf ate:
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By: ' SEAL
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Rosalinda Ibarra, City Clerk 0,,,
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City Contract No. aoaL'1a3
Resolution No. R-do?N'-1 !,
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EXHIBIT A
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.H.
For Meeting of: June 18, 2024
ITEM TITLE: Resolution authorizing an agreement with the Yakima Youth Golf
Association for the 1st Tee of Yakima Program
SUBMITTED BY: Scott Schafer, Public Works Director
*Ken Wilkinson, Parks & Recreation Manager
Tami Andringa, Recreation Supervisor
SUMMARY EXPLANATION:
The City of Yakima Parks & Recreation Division would like to support the Yakima Youth Golf
Organization through the 1st Tee of Yakima program. The 1st Tee of Yakima program teaches children
the fundamentals of golf and also teaches life lessons through golf and strives to build character and to
instill good citizenship along with developing social and leadership skills in children that will be a benefit
to them throughout their entire life. The 1st Tee of Yakima would like to utilize Fisher Park Golf Course
at a reduced rate for the program. The cost for each participant would be $2.00 per day. Participants
are able to access the putting green and practice areas only. At the end of the summer program
participants may utilize the entire golf course at a time of day that is less utilized by the general public.
Enclosed for City Council review is the Agreement between the City and the Yakima Youth Golf
Organization.
ITEM BUDGETED: N/A
STRATEGIC PRIORITY: Strengthening Partnerships
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
Resolution
1st Tee of Yakima Final Copy.docx
1st Tee Use Areas map.pdf
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