Loading...
11/19/2019 09 Development of Martin Luther King, Jr. Park; Agreement with Rotary Club of Yakima a\'4\lyy bxk ik 1 1-:41 PPPPPP+Pd s' lii it tYlltYlA.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9. For Meeting of: November 19, 2019 ITEM TITLE: Resolution authorizing an Agreement with the Rotary Club of Yakima for development of the Martin Luther King Jr. Park playground facility SUBMITTED BY: Scott Schafer, Director of Public Works Ken Wilkinson, Parks and Recreation Manager 576-6416 SUMMARY EXPLANATION: The Rotary Club of Yakima [Downtown Rotary Club] has once again approached the Yakima Parks & Recreation Division regarding improvements to a park. The Rotary Club would like to donate funds for a new playground and picnic shelter at Martin Luther King Jr. Park located at Race Street and 8th Street. The Rotary Club members also plan to volunteer their time to construct the playground with the guidance of certified playground installation supervisors in the spring of 2020. The Downtown Rotary Club shall spend up to One Hundred Sixty Thousand Dollars ($160,000.00)for the development and construction of the new playground in the Park, and reserves the right to voluntarily contribute additional sums as it deems necessary and appropriate. The Agreement is attached for City Council review. ITEM BUDGETED: No STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL: Interim City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMITTEE RECOMMENDATION: Eric Silvers, president of the Rotary Club of Yakima [Downtown Rotary], presented the idea of donating funds to the City of Yakima for a new playground and a picnic shelter to the Yakima Parks & Recreation Commission on October 9, 2019 and it was approved unanimously. The Parks & Recreation Commission recommended that the item be presented to the Yakima City 2 Council for approval. ATTACHMENTS: Description Upload Date Type D resolution 117/2012 Lever Memo Agri:en-tont bEtvarden the Gty of Yakima and the Rotary D Club crYakana for the EICWICCMCril. MilltliertdriCe and 11/5;2012 Contract use of Mann Luther Kft Jr Park 3 RESOLUTION NO. R-2019- A RESOLUTION authorizing an agreement with the Rotary Club of Yakima for the development, maintenance and use of Martin Luther King Jr. Park WHEREAS, the City is the owner of Martin Luther King Jr. Park (MLK Jr. Park), located at Race Street and S. 8'h Street, Yakima, Washington; and WHEREAS, MLK Jr. 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 City is authorized to enter 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 this agreement with the Rotary Club for the design, construction and completion of a playground facility and other supporting amenities at Martin Luther King Jr. Park as a service to the community; and WHEREAS, the Rotary Club is dedicated to enhancing MLK Jr. Park for the benefit of the community; and WHEREAS, the Rotary Club is willing to contribute financial and other resources to the City for the complete design and development of a playground and other supporting amenities at the Park; and WHEREAS, the City is willing to accept the financial and other resources offered by the Rotary Club for the design and development of a playground and other supporting amenities at the Park; WHEREAS, the City Council has determined that it is in the best interest of the City of Yakima to execute the attached and incorporated agreement with the Yakima Rotary for the design and development of the MLK Jr. playground and supporting amenities, NOW, THEREFORE, in consideration of the covenants and agreements contained herein and performed by the parties hereto, it is hereby agreed as follows: 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 the Rotary Club of Yakima, attached hereto and incorporated herein by this reference, for the design and development of a playground and other supporting amenities at MLK Jr. Park, as described in the Agreement. ADOPTED BY THE CITY COUNCIL this 19'h day of November, 2019. Kathy Coffey, Mayor ATTEST: 4 Sonya Claar Tee, City Clerk 5 AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE ROTARY CLUB OF YAKIMA FOR DEVELOPMENT, MAINTENANCE AND USE OF MARTIN LUTHER KING JR. PARK (Playground Project) THIS AGREEMENT is entered into between the City of Yakima (hereinafter the "City"), whose address is 129 North 2' Street, Yakima, Washington 98901, and, the Rotary Club of Yakima (hereinafter the "Rotary Club"), for purposes of the development, maintenance and use of Martin Luther King Jr. Park (hereinafter the "Park"). WHEREAS, the City is the owner of the Park located at Race Street and S. 8'h 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 Rotary Club is dedicated to enhancing the Park for the benefit of the community; and WHEREAS, the Rotary Club is willing to contribute financial and other resources to the City for the design and development of a playground at the Park; and WHEREAS, the City is willing to accept the financial and other resources offered by the Rotary Club for the design and development of a 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 Rotary Club in the development of a playground at Martin Luther King Jr. Park and to provide for effective cooperation in the implementation of the provisions set forth herein. 2. Obligations 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 other amenities, once completed, and E. The City shall take other steps, as necessary, to ensure public safety in the use and enjoyment of the playground. The Rotary Club shall perform the following obligations in regard to the Park: Page 1 of 5 City of Yakima — Rotary Club of Yakima — Martin Luther King Jr. Park Improvement Project 6 A. The Rotary Club shall spend up to One Hundred Sixty Thousand Dollars ($160,000.00) for the development and construction of the new playground in the Park, and reserves the right to voluntarily contribute additional sums as it deems necessary and appropriate; B. The Rotary Club shall assist the City in the planning and site development of the playground; C. The Rotary Club shall select the contractor(s) to perform the design and construction of the playground and shall select the playground equipment for installation therein; the City shall have an opportunity to review and comment on the design and choice of playground equipment prior to construction; D. The Rotary Club shall confer with the City as necessary in regard to any outstanding matters related to the maintenance and repair of the playground; E. The Rotary Club shall select the amenities, including but not limited to a picnic shelter, benches and tables; the City shall have the opportunity to review and comment on design and choice prior to installation. F. The Rotary Club shall be allowed to install a sign that is consistent with the Yakima Municipal Code near the improvements recognizing the donors of the project; the sign shall be placed in a location that is agreed upon by both parties: and G. The Rotary Club shall participate in the construction of the playground subject to the 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 Rotary 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 Rotary 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 Rotary Club and the City understand and expressly agree that the Rotary Club is an independent contractor in the performance of each and every part of this Agreement. The Rotary 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 Rotary Club, as an independent contractor, shall have the sole judgment of the means, mode or manner of the actual performance of work/services required for its performance under this Agreement. Additionally, and as an independent contractor, the Rotary Club and their employees shall make no claim of City employment nor shall 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 Rotary Club and/or any officer, employee or agent of the Rotary 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 Rotary Club may rely upon or enforce any provision of this Agreement. Page 2 of 5 City of Yakima — Rotary Club of Yakima — Martin Luther King Jr. Park Improvement Project 7 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 Rotary 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 Rotary Club or its employees and subcontractors, nor does the Rotary 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 Rotary 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. Page 3 of 5 City of Yakima — Rotary Club of Yakima — Martin Luther King Jr. Park Improvement Project 8 15. Severability. 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 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: CITY OF YAKIMA Alex Meyerhoff, Interim City Manager City of Yakima 129 North Second Street Yakima, WA 98901 TO: ROTARY CLUB OF YAKIMA Eric Silvers, President 6 S 2nd St #1104, Yakima, WA 98901 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. CITY OF YAKIMA ROTARY CLUB OF YAKIMA Alex Meyerhoff, Interim City Manager Eric Silvers, President Date Signed Date Signed Page 4 of 5 City of Yakima — Rotary Club of Yakima — Martin Luther King Jr. Park Improvement Project 9 ATTEST: Sonya Claar Tee, City Clerk Page 5 of 5 City of Yakima — Rotary Club of Yakima — Martin Luther King Jr. Park Improvement Project