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HomeMy WebLinkAbout09/11/2018 09 Lions Park Playground Equipment Agreement with Yakima Lions Club1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9. For Meeting of: September 11, 2018 ITEM TITLE: Resolution authorizing an agreement with the Yakima Lions Club for a donation for Playground Equipment in the amount of $25,000 at Lions Park SUBMITTED BY: Scott Schafer, Director of Public Works Ken Wilkinson, Parks and Recreation Manager (509) 576-6416 SUMMARY EXPLANATION: The 2017-2022 Park and Recreation Comprehensive Master Plan identified the need to replace the existing playground equipment at Lions Park. It is aging and the replacement parts are no longer available. The Yakima Lions Club desires to work closely with the City of Yakima (City) to enhance the Park for the benefit of the community by contributing up to $25,000 for the development and construction of a new playground at Lions Park. The attached Agreement outlines the responsibilities of the Yakima Lions Club and of the City. The Lions Club shall perform the following obligations in regard to the Park: • Shall spend up to Twenty Five Thousand Dollars ($25,000.00) for the construction of new playground equipment in the Park, and reserves the right to voluntarily contribute additional sums as it deems necessary and appropriate • Shall assist the City in the planning and site development of the new playground equipment • Shall cooperatively work with the City to select the new playground equipment for installation in the Park • Shall confer with the City as necessary in regard to any outstanding matters related to the maintenance and repair of the new playground after its construction • May participate in the construction of the new playground subject to the approval and direction of the selected contractor The City shall perform the following obligations in regard to the Park: • Shall assist in planning for a new playground in the Park • Shall oversee the site development of the area where the playground will be constructed • Shall ensure the site has accessibility for the handicapped • Shall maintain and repair the playground 2 • Shall take other steps, as necessary, to ensure public safety in the use and enjoyment of the playground The total cost of the project is estimated at $65,000. The Lions Park playground upgrade was included in the 2018 Parks budget plan. It is anticipated that the project will be completed by late October 2018. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMITTEE RECOMMENDATION: The Yakima Parks & Recreation Commission has approved the 2017-2022 Parks and Recreation Comprehensive Master Plan which includes this project as a priority. ATTACHMENTS: Description Upload Date O Resdution 8/28/2018 O Agreement 8/28/2018 Type Resdution tract 3 RESOLUTION NO. R -2018- A RESOLUTION authorizing an Agreement with Yakima Lions Club, not to exceed $25,000, to develop new playground equipment in Lions Park. 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 Yakima Lions Club is duly formed and existing as a nonprofit organization under the laws of the State of Washington; and WHEREAS, the City owns, operates and maintains a public park known as Lions Park located within the City at 509 W. Pine Street. The Park is operated and managed by the Parks and Recreation Division of the City; and WHEREAS, the Yakima Lions Club desires to enhance the Park for the benefit of the community by expending up to $25,000 for development and construction of a new playground facility; and WHEREAS, the City is benefitted by entering into agreements with community service organizations for the construction of improvements to public parks pursuant to RCW 35.21.278 and other statutes, and desires to enter into the attached and incorporated Agreement with the Lions Club for the design, construction and completion of a playground facility at Lions Park; and WHEREAS, the City Council has determined that it is in the best interest of the City of Yakima to execute the attached Agreement, 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 Agreement with Yakima Lions Club, attached hereto and incorporated herein by this reference, for an amount provided by the Lions Club that is not to exceed Twenty Five Thousand Dollars ($25,000) for development and construction of a playground facility in Lions Park, as described in the Agreement. ADOPTED BY THE CITY COUNCIL this 11th day of September, 2018. Kathy Coffey, Mayor ATTEST: Sonya Claar Tee, City Clerk 4 AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE YAKIMA LIONS CLUB TO PROVIDE FUNDING FOR THE IMPROVEMENT OF THE PLAYGROUND FACILITIES IN LIONS PARK THIS AGREEMENT is entered into between the City of Yakima (hereinafter the "City"), whose address is 129 North 2nd Street, Yakima, Washington 98901, and, the Yakima Lions Club (hereinafter the "Lions Club"), for purposes of providing funds for the improvement of the playground facilities at Lions Park (hereinafter the "Park"). WHEREAS, the City is the owner of the Park located at 509 West Pine Street, Yakima, Washington; and WHEREAS, the Park is a valuable recreational resource for the community; and WHEREAS, the City is committed to ensuring that improvements to the Park serve the best interests of the community; and WHEREAS, the Lions Club is dedicated to enhancing the Park for the benefit of the community; and WHEREAS, the Lions Club is willing to contribute financial resources to the City to be used to assist with the cost of new playground equipment at the Park; and WHEREAS, the City is willing to accept the financial resources offered by the Lions Club for the improvement of the playground at the Park; 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 the Lions Club in the improvement of a playground at Lions Park and to provide for effective cooperation in the implementation of the provisions set forth herein. 2. Obliqations of the Parties. The City shall perform the following obligations in regard to the Park: A. The City shall assist in planning for a new playground in the Park; B. The City shall oversee the site development of the area where the playground will be constructed; C. The City shall ensure the site has accessibility for the handicapped; D. The City shall maintain and repair the playground; and E. The City shall take other steps, as necessary, to ensure public safety in the use and enjoyment of the playground. Lions Club agreement — Lions Park Playground 5 The Lions Club shall perform the following obligations in regard to the Park: A. The Lions Club shall spend up to Twenty Five Thousand Dollars ($25,000.00) for the construction of new playground equipment in the Park, and reserves the right to voluntarily contribute additional sums as it deems necessary and appropriate; B. The Lions Club shall assist the City in the planning and site development of the new playground equipment; C. The Lions Club shall cooperatively work with the City to select the new playground equipment for installation in the Park; D. The Lions Club shall confer with the City as necessary in regard to any outstanding matters related to the maintenance and repair of the new playground after its construction; and E. The Lions Club may participate in the construction of the new playground subject to the approval and direction of the selected contractor. 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 16 of this Agreement. The Lions Club shall proceed with their obligations in a timely and diligent manner but shall not have any responsibility for delays caused by others beyond the control of the Lions Club, or that were not reasonably foreseeable. 4. Administration. This Agreement shall be administered by the City's Parks and Recreation Division. 5. Independent Contractor. The Lions Club and the City understand and expressly agree that to the extent the Lions Club performs any of the actual work on the design and / or construction of the Lions Park playground the Lions Club will do so as an independent contractor in the performance of any part of this Agreement. For any such work performed by Lions Club, Lions Club, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the work/services required for its performance under this Agreement. The Lions Club, as an independent contractor, shall have the sole judgment of the means, mode or manner of the actual performance of work/services it may provide under this Agreement. Additionally, and while acting as an independent contractor, the Lions Club and its employees 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 the Lions Club and/or any officer, employee or agent of the Lions Club 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 the Lions Club may rely upon or enforce any provision of this Agreement. 7. Indemnification and Hold Harmless. A. Each party hereto agrees to maintain responsibility and assume liability in the performance of this Agreement for its own wrongful and/or negligent acts or omissions, and those of its officers, agents or employees to the fullest extent allowed by law; Provided, however, that upon completion of the playground improvements, and acceptance thereof by City, City shall be solely responsible for maintenance and operation of the playground improvements and shall hold Lions Club agreement — Lions Park Playground 6 Lions Club harmless from any responsibility or liability arising after City's acceptance caused by the wrongful and/or negligent acts or omissions of City or any third party. B. The provisions of this Section shall survive the termination or expiration of this Agreement. C. Nothing contained in this Section or this Agreement shall create a liability or a right of indemnification in any third party. 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, and 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. 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. 10. No Insurance. It is understood the City does not maintain liability insurance for the Lions Club or its employees and subcontractors, nor does the Lions Club maintain liability insurance for the City or its employees and contractors. 11. 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. 12. Dispute Resolution. The City and the Lions Club shall meet to discuss any outstanding issues related to the development of the playground and the implementation of this Agreement in order to resolve any disputes through cooperation and negotiation. 13. 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. 14. Modifications. 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. 15. Severabilit A. 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. B. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null Lions Club agreement — Lions Park Playground 7 and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 16. Termination. Either party may terminate this Agreement, with cause, by written notice of default from the non -defaulting party to the defaulting party if the default is not cured within thirty (30) days following the giving of such notice. In addition, either party may terminate this Agreement, without cause, upon thirty (30) days' written notice to the other party before either party has incurred substantial expenses (defined as expenses in excess of $1,000) following the full execution of this Agreement, to perform its obligations hereunder, but not thereafter, except for cause. 17. 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. 18. 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: TO: CITY OF YAKIMA Cliff Moore, City Manager City of Yakima 129 North Second Street Yakima, WA 98901 LIONS CLUB OF YAKIMA David P. Mulalley, President Yakima Lions Club P.O. Box 421 Yakima, Washington 98907 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 20. Filing. Copies of this Agreement shall be filed with the Yakima County Auditor or posted on the City's web site pursuant to RCW 39.34.040. CITY OF YAKIMA LIONS CLUB OF YAKIMA Cliff Moore, City Manager David P. Mulalley, President Date Signed ATTEST: Sonya Claar Tee, City Clerk Lions Club agreement — Lions Park Playground Date Signed