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HomeMy WebLinkAboutR-2007-028 Yakima National Little League Association AgreementRESOLUTION NO. R-2007- 28 A RESOLUTION authorizing the City Manager to execute an agreement between the City of Yakima and the Yakima National Little League Association regarding the Elks Park Athletic Complex. WHEREAS, the City of Yakima ("City") owns the Elks Park Athletic Complex ("Elks Park"); and WHEREAS, the Yakima National Little League Association ("Little League") uses Elks Park for its League activities; and WHEREAS, the City and the Association desire to execute a contract regarding scheduling and coordination of maintenance for Elks Park and regarding management and operation of a concession stand at Elks Park; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the attached agreement with Little League, 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 "2007-2012 Agreement Between The City of Yakima and Yakima National Little League Association" with the Yakima National Little League Association regarding Elks Park. ADOPTED BY THE CITY COUNCIL this 6th day of March, 2007. ATTEST: Deborah Moore, City Clerk David Edler, Mayor 2007-2012 AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA NATIONAL LITTLE LEAGUE ASSOCIATION THIS AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter "City"), and the Yakima National Little League Association (hereinafter "Association"). WHEREAS, the Association uses Elks Park Athletic Complex (hereinafter "Elks Park"), a public park owned by the City, for its Little League activities; and WHEREAS, the City and the Association desire to execute a contract regarding scheduling and coordination of maintenance for Elks Park and regarding management and operation of a concession stand at Elks Park. NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, it is agreed by and between the City and the Association as follows: 1. City's Responsibilities. The City of Yakima shall: A. Work with the Association in determining the dates for pre -season maintenance. All pre -season maintenance activities, including the City's energization of the irrigation system and opening of restrooms, are dependent on the weather. The determination of whether the weather permits provision of the maintenance service is at the sole discretion of the City. Dates will coincide with the City's spring maintenance schedule. B. Furnish two (2) garbage dumpsters for the season. Placement of the dumpsters will be by mutual agreement of the parties and the costs of placement will be borne by the City. C. Attempt to turn the irrigation water on at the Elks Park for Association's first pre- season work party, depending on weather conditions. D. Attempt to have the restrooms available for use by the time of the Association's first pre -season work party, depending on weather conditions. E. Provide Association with a key to the restroom facilities and concession facility. F. Work with the Association on special maintenance or irrigation needs. Such maintenance shall include providing masons sand and top soil to prepare the fields for use, but is limited to no more than an annual aggregate total of seventy-five (75) yards material. G. Maintain the irrigation system at Elks Park, including repair and replacement of broken irrigation heads. H. Mow Elks Park on a regular basis. Page 1 of 6 2. Association's Responsibilities. The Association shall: A. Notify the City at least two (2) weeks in advance of the dates for the Association's pre -season work parties. B. Spot sod or de -sod the Elks Park baseball fields as needed. C. Be responsible for any damages resulting from early energization of the irrigation system at Elks Park that is done at the request of the Association. D. Be responsible for cleaning and closing of restrooms during March or before restrooms are open for the regular season by the City. The Association shall be responsible for damage to restrooms that occur when the restrooms are opened early at the request of the Association, except for damage to the exterior of the restrooms resulting from vandalism. E. Prepare the baseball fields for play for all Association games and practices. The Association shall make necessary repairs to the baseball fields and control litter within a thirty (30) foot radius of the concession stand at Elks Park. The Association will empty garbage receptacles into the outside garbage container. F. Store the bases each night. The Association shall be responsible for and shall replace all lost or stolen bases. G. Work with the City regarding future construction, rehabilitation or other building remodeling at Elks Park. The Association shall provide the City with all construction proposals, including budget and building plans, to the Parks and Recreation Division Manager for review and approval. The Association shall work with the City to standardize all future building materials. All construction projects proposed by the Association are expressly conditioned upon the prior written approval of the Parks and Recreation Manager. H. Complete and submit a "Use of Facility" application indicating the scheduling needs of the Association no later March 1st of each year. The Association shall submit a detailed schedule of baseball field use prior to the start of each season such that when the Association is not using the field, the community can use it. Any post -season needs will need to be reserved by May 1st of each year. I. Designate an Association Board Member who will represent the Association and work with the City's Athletic Supervisor on all conditions of this Agreement. 3. Consideration. In consideration for the responsibilities and obligations undertaken by the Association pursuant to this Agreement, the City waives all field use fees otherwise required of the Association for the use of Elks Park for Little League programs. Such waiver is expressly conditioned upon the Association complying with all terms and conditions of this Agreement. When additional mowing and/or other special maintenance services beyond the normal maintenance schedule are requested by the Association, the Association shall compensate the City on a per hour basis in accordance with the current fee schedule for the Yakima Parks and Recreation Division as adopted by the Yakima City Council and as may be amended during the Page 2 of 6 term of this Agreement. The Association shall pay the City said compensation within thirty (30) calendar days of receiving an invoice from the City. 4. Concession Stand. A. The City grants the Association the exclusive right to operate the concession stand at Elks Park and to sell to visitors thereon food products, non-alcoholic beverages, and other merchandise, provided that the Association complies with all of the terms and conditions of this Agreement. B. The right to operate the concession stand shall not be assigned, transferred and/or subcontracted in whole or in part by the Association to any other person or entity without the prior written consent of the Parks and Recreation Division Manager. In the event that such prior written consent is granted, then the assignee, transferee and/or subcontractor shall assume all duties, obligations, and liabilities of the Association as stated herein. Further, the Association shall in no way be relieved of its duties, obligations, and liabilities under this Agreement by such assignment, transfer, and/or subcontract. Any such assignee, transferee, and/or subcontractor shall comply with the insurance requirements of Section 14 of this Agreement. C. The Association shall maintain accurate books and records of all concession stand income and expenses. The Association shall provide a written annual accounting report for the concession stand to the Parks and Recreation Division Manager by December 31st of each year of this Agreement. If the Association does not produce such a report, the exclusive right to operate the concession stand granted by this Agreement shall terminate at midnight on December 31st D. Beginning January 1, 2007, the Association shall reserve ten percent (10%) of the net profits realized from operation of the concession stand per year for capital improvements to Elks Park. The money in the reserve fund may accumulate over a period of years for long-term capital improvements. Use of any and all funds from the reserve fund is and shall be subject to the prior written approval of the Parks and Recreation Division Manager. Upon termination of this Agreement, any money remaining in the reserve fund shall become the property of the City of Yakima. E. The Association shall maintain the concession stand and all equipment necessary for the proper operation of the concession stand in a clean, sanitary, and properly functioning condition at all times and shall conduct operation of the concession stand strictly in accordance with all applicable local, state and/or federal laws and regulations, including but not limited to building code, fire code and public health requirements. The Association shall be responsible for all necessary repair, maintenance, janitorial, and utility costs associated with the operation of the concession stand. F. The City reserves the right to inspect the concession stand premises at any and all reasonable times throughout the term of this Agreement; provided, however, that it shall not interfere unduly with the Association's operation of the concession stand. The right of inspection reserved to the City hereunder shall impose no obligation upon the City to make such inspections or to ascertain the condition of the premises and shall impose no liability upon the City for failure to make such inspections. G. Upon termination of this Agreement, the Association shall remove its property and effects from the concession stand premises and peacefully vacate, surrender, and Page 3 of 6 deliver up possession of the concession stand premises. The concession stand premises will be surrendered to the City in good order and condition, reasonable wear and tear excepted. If the Association fails to remove its property and effects within fourteen (14) calendar days of termination of this Agreement, the City shall have the right to remove and store all of said property and effects at the expense of Association. 5. Term. This Agreement shall commence and be retroactive to January 1, 2007 and shall terminate at 12 p.m. December 31, 2012, unless the Agreement is earlier terminated by either party in accordance with Section 20 of this Agreement. 6. Ownership of Improvements. The Association understands and agrees that any improvements it makes to Elks Park, including the addition of benches, fields, or any other improvement, become the permanent property of the City once the improvement is made. 7. Status of Association. The Association and the City understand and expressly agree that the Association is an independent contractor in the performance of each and every part of this Agreement. The Association and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. 8. Taxes and Assessments. The Association 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 tax, 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 the City is assessed a tax or assessment as a result of this Agreement, the Association shall pay the same before it becomes due. 9. Nondiscrimination Provision. During the performance of this Agreement, the Association 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: 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. The Association agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), 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. 11. Compliance With Law. The Association 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 the City. It is understood the City does not maintain liability insurance for the Association and/or its members, officers, agents, employees and/or volunteers. Page 4 of 6 13. Indemnification and Hold Harmless. The Association agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, agents, officers, employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) resulting from, arising out of, or in connection with the Association's performance and/or non-performance of the duties, obligations and terms of this Agreement, and past or present occupation of the concession stand. 14. Liability Insurance. On or before date this Agreement is fully executed by the parties, the Association shall provide the City with a certificate of insurance as proof of liability insurance with minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, volunteers, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). 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. 15. Assignment and Subleasinct. This Agreement, or any interest herein, or claim hereunder, shall not be assigned, transferred, or subleased in whole or in part by the Association to any other person or entity without the prior written consent of the City. 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 the City and Association 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 the Association or the 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 Conditions. 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 field conditions resulting from the early energization of the irrigation systems or early opening of the restrooms at Elks Park. 20. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party ninety (90) calendar days prior written notice of termination. In the event Page 5 of 6 of such termination, the Association shall pay the City for any additional mowing and/or other special maintenance services rendered by the City up to the termination date. 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: TO ASSOCIATION: Parks and Recreation Manager City of Yakima Public Works 2301 Fruitvale. Boulevard Yakima, WA 98902 President Yakima National Little League. Association PO Box 9664 Yakima, WA 98907 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. 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. CITY OF YAKIMA YAKIMA NATIONAL LITTLE LEAGUE ASSOCIATION By: R. A. Zais, Jr., City Manager Date: ATTEST: By: Mike Hoon, President Date: /tf,4 7C,V / City City Contract No. Resolution /Q-v�007-2$ Page 6 of 6 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. *- f3 For Meeting of: March 6, 2007 Consideration of a Resolution authorizing execution of the 2007-2012 Agreement with the Yakima National Little League Association for baseball field maintenance and concession stand operation at Elks Park SUBMITTED BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: Attached is a five-year agreement with the Yakima National Little League Association for its use of Elks Park for Little League activities. The agreement specifies terms and conditions for ballfield and facility maintenance scheduling, use and operation of the concession stand, and outlines a variety of responsibilities and obligations for both the City and the Yakima National Little League Association for use of Elks Park. Resolution X Ordinance _ Contract X Other (Specify) Mail to (name and address): President, Yakima National Little League Association, P 0 Box 9664 Yakima, WA 98907 - Funding Source APPROVED FOR SUBMITTAL: f/rij City Manager STAFF RECOMMENDATION: Staff respectfully requests Council to adopt a Resolution authorizing and directing the City Manager to execute the "2007-2012 Agreement Between the City of Yakima and Yakima National Little League Association" for baseball field maintenance and concession stand operation at Elks Park. BOARD/COMMISSION RECOMMENDATION: At its most recent meeting, the Parks and Recreation Commission recommended this request. COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2007-28