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HomeMy WebLinkAboutR-2011-052 Franklin Park Shelter Agreement with Rotary Club of Yakima Sunrise RESOLUTION NO. R- 2011 -52 A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement with the Rotary Club of Yakima Sunrise for a new shelter at Franklin Park. WHEREAS, the City of Yakima operates and maintains an extensive parks system and conducts substantial recreational programs; and WHEREAS, the City of Yakima has an approved Parks and Recreation Comprehensive Plan that includes projects consistent with the goals and objectives in the Plan; and WHEREAS, the Rotary Club of Yakima Sunrise is willing to provide generous assistance to the community by providing financial and other resources for a new shelter structure which will have accessibility for any person with a disability at Franklin Park; and WHEREAS, 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 of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Agreement between the City of Yakima and the Rotary Club of Yakima Sunrise a new shelter structure at Franklin Park. ADOPTED BY THE CITY COUNCIL this 19 day of April 2011. ,yea Micah Cawl , Mayor ATTEST: r City Clerk ms /RES NO. R- 2011 -52 Sunrise Rotary Shelter Franklin Park .rtf 261/ - k • • AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE ROTARY CLUB OF YAKIMA • SUNRISE FOR A SHELTER AT FRANKLIN PARK 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 Sunrise (hereinafter the "Rotary Club of Yakima Sunrise "), for purposes of the development of a shelter at Franklin Park (hereinafter the "Park"). WHEREAS, the City is the owner of the Park located at 2101 Tieton Drive, 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 of Yakima Sunrise is dedicated to enhancing the Park for the benefit of the community; and WHEREAS, the Rotary Club of Yakima Sunrise is willing to contribute financial and other resources to the City for a shelter at the Park; and WHEREAS, the City is willing to accept the financial and other resources offered by the Rotary Club of Yakima Sunrise for a shelter 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 of Yakima Sunrise in the development of a shelter for Franklin 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 Shelter in the Park; B. The City shall oversee the site development of the area where the construction of the Shelter is planned; C. The City shall remove the current picnic shelter from the location; D. The City shall repair and replace all irrigation, and replant grass; E. The City shall ensure the site has accessibility for anyone with a disability; F. The City shall maintain and repair the shelter ; and G. The City shall take other steps, as necessary, to ensure public safety in the use and enjoyment of the Shelter. The Rotary Club of Yakima Sunrise shall perform the following obligations in regard to the Park: Sunrise Rotary agrmnt- Franklin Park Pavilion.doc 1 A. The Rotary Club of Yakima shall provide the labor and materials for the development and construction of a Shelter in the Park and reserves the right to voluntarily contribute additional sums as it deems necessary and appropriate, subject to the City's approval which it will not unreasonably withhold; B. The Rotary Club of Yakima Sunrise shall assist the City in the planning and site development of the Shelter, C. The Rotary Club of Yakima Sunrise shall select the contractor(s) to perform the design and construction of the Shelter, D. The Rotary Club of Yakima Sunrise shall assist the City in the selection of amenities for the site, including, but not limited to, benches and tables; and E. The Rotary Club of Yakima Sunrise shall participate in the construction of the Shelter subject to the direction of the designated 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 of Yakima Sunrise 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 of Yakima Sunrise 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 of Yakima Sunrise and the City understand and expressly agree that the Rotary Club of Yakima Sunrise is an independent contractor in the performance of each and every part of this Agreement. The Rotary Club of Yakima Sunrise 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 of Yakima Sunrise 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 of Yakima Sunrise 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 of Yakima Sunrise and/or any officer, employee or agent of the Rotary Club of Yakima Sunrise 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 of Yakima Sunrise may rely upon or enforce any provision of this Agreement. 7. Indemnification and Hold Harmless. A. Each hereto agrees to maintain responsibility g ponsibility 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. B. The provisions of this Section shall survive the termination or expiration of this Agreement. Sunrise Rotary agrmnt - Franklin Park Pavilion.doc 2 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, and 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 of Yakima Sunrise or its employees and subcontractors, nor does the Rotary Club of Yakima Sunrise 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 of Yakima Sunrise shall meet to negotiate any outstanding issues related to the development of the Shelter and the implementation of this Agreement in order to resolve any disputes through cooperation and negotiation to the greatest extent possible. If negotiation is not successful, the Parties may consent to mediation or another form of dispute resolution but only if agreed to in advance in writing. 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. 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 Sunrise Rotary agrmnt- Franklin Park Pavilion.doc 3 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 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 R. A. Zais, Jr., City Manager City of Yakima 129 North Second Street Yakima, WA 98901 TO: ROTARY CLUB OF YAKIMA SUNRISE Curtis Vangstad, President PO Box 1590 Yakima, WA 98907 19. Governing Law. This Agreement shall be govemed by and construed in accordance with the laws of the State of Washington. 20. Venue. Venue for an action arising under this Agreement shall be in Yakima County Superior Court. 21. Filing. Copies of this Agreement shall be filed with the Yakima County Auditor pursuant to RCW 39.34.040 and with the City Clerk of Yakima. CITY OF YAKIMA ROTARY CLUB OF YAKI j SUNRISE .A0,0 R.A. Zais, Jr., Manager Curtis Vangstad, P 4 sident Date Signed Date Signed ATTEST: J PK 4 • �' -�` a SEAL . t Deborah Kloster, City Ierk i f CITY CONTRACT NO: / " _3 p '� ••• • • P " RESOLUTION NO: R -o2 11-4f2. Thos HINGc - Sunrise Rotary agrmnt- Franklin Park Pavilion.doc 4 • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT • Item No. 1 For Meeting of: April 19, 2011 ITEM TITLE: A Resolution authorizing an Agreement with the Rotary Club of Yakima Sunrise for a New Shelter at Franklin Park SUBMITTED BY: Chris Waarvick, Director of Public Works Ken Wilkinson, Parks and Recreation Manager Mark Kunkler, Assistant City Attorney CONTACT PERSON/TELEPHONE: Ken Wilkinson, 575 -6020 SUMMARY EXPLANATION: Staff respectfully requests Council consideration of the attached resolution authorizing execution of an agreement between the City of Yakima and the Rotary Club of Yakima Sunrise for a new shelter at Franklin Park. Rotary Club of Yakima Sunrise is offering its generous assistance to the community by contributing financial and other resources for a new shelter structure at Franklin Park. The City shall remove the current picnic shelter and oversee the site development of the area where the construction of the new shelter is planned. The new shelter at Franklin Park will be handicapped accessible and provide a park amenity for the general public to use and enjoy. Resolution X Ordinance _Contract _ Other (Specify) Agreement Contract Mail to (name and address): Funding Source _ Parks and Recreation Capital Budget APPROVED FOR SUBMITTAL: = City Manager STAFF RECOMMENDATION: Staff respectfully requests City Council to adopt the Resolution authorizing and directing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Rotary Club of Yakima Sunrise for a new shelter at Franklin Park. BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Parks and Recreation Commission recommends approval to the full City Council. COUNCIL ACTION: mslAgen Stmt for Franklin Park Sunrise Rotary Shelter.rtf • dl Liftgiti • RECEIVED 2011 APR 18 rri 1 92 - .308 Stanley Blvd. YAKIMA CITY CLERIC F a > "U` s f Yaluma, WA 98902 { i K F' t nJ rf� %.0 Paw W r" hi ;h }}fit „a Yl r f R 9s �5 :f'ti q q4 a ” C"kn' C �x' wi, k5ik C {wy, II ` 5 I y4jh' r5 � 1 , Y Dear Friends and Neighbors: We met with Ken Wilkinson of Parks and Recreation, Sgt. Boyle of YPD, officers of the Barge Chestnut Neighborhood Assoc. and representatives from Sunrise Rotary on March 7th at Harmon Center to discuss the Pavilion proposal at Franklin Park. The following summarizes what we came away with: 1) The location of the pavilion/facility is TBD. It is open on all four sides and approx. • 1200 square feet. Its function, it was emphasized, is for dining. Potential sites consid- ered were: just off 23rd on the west end of the park; where the barbecue is currently located at the southern end of the park; and in the trees in the middle of the park. 2) The facility can be rented by anyone, at any time. A copy of the Noise Ordinance will be presented to the applicant and their signature will be required as acknowledgement of its receipt. It was noted and agreed that the noise ordinance is ambiguous in its wording: 3) YPD is unable to enforce the Noise Ordinance due to manpower shortages. The excep- tion would be when there isn't much crime happening at the time of the complaint or if enough people call and by sheer volume of calls YPD realizes that the complaint is justi- fied. Obviously this makes the site placement critical. Although this is only a dining facility, the following issues were discussed should the fa- cility become a music venue: 4) Regarding traffic and parking problems during park events, Ken said that the Museum's parking lot will be arranged in such a manner that an emergency vehicle can get to the park field, if necessary. As for the very congested parking 011 Stanley and Chestnut which make it impossible for a fire truck to get down either street, Sgt. Boyle said that YPD could not enforce parking problems because of manpower shortages. It was sug- gested that Stanley and possibly Chestnut be made into one way streets for park events, however this would require traffic controllers on Tieton and both ends of Chestnut. Tie - • ton would be stopped much of the time to allow for the one-way traffic to merge so the traffic control job wouldn't be a job for a civilian. It was also suggested that shuttle buses be used to move people from their cars parked at the Memorial Hospital lots or the a i . i ,.'.�f i ?���; C.:' {r!ll � 11••.1 i'i. 0 old Montgomery Ward Plaza. This approach will take some driver education and strict enforcement of the No Parking signs on Stanley and Chestnut which are ignored today. 5) The original design of the facility, as pitched by Sunrise Rotary, was modified. The ba- salt columns went away, the pavers in an apron around the facility were removed be- cause of handicap access and the back wall was removed. Ken said that the original de- sign encouraged its use as a truant hang -out. There could be more changes in the future regarding landscaping. 6) 110 and 220 amp service will be made available by a Parks and Rec employee prior to a scheduled event or booking and be shut off by the employee at the end of the event, be it public or private. This means that Parks and Rec employees must be available on the weekends to provide this service. Would it be possible to have power unavailable on Sunday, we wonder? Please give Ken Wilkinson of Parks and Recreation a call or send him a note if you have any further thoughts on this matter. Sincerely, Larry Gallagher Sandra Martensen cc: (original signators) D. deGrasse 2109 W. Chestnut W. Houtz 420 S. 23rd S. Vingo 304 Stanley Blvd. N. Coffin -Hutton 304 Stanley Blvd. E. Tutsch 302 Stanley Blvd. G. Tutsch 302 Stanley Blvd. F. Rovetto 207 Lester r , • M. McDonald 208 Lester E. Carley 314 Stanley Blvd. J. Brooks 602 S. 24th Z. Budke 312 Stanley Blvd. W. Budke 312 Stanley Blvd. R. King 320 Stanley Blvd. D. Uebelacker 418 S. 23rd A. Uebelacker 418 S. 23rd C. Boln (Mr. &'Mrs.) 418 S. 24th • E. Gandy 420 S. 24th S. Watson . 420 S. 24th F. Schneider 607 S. 23rd I. Schneider 607 S. 23rd C. Jacobson 2105 W. Chestnut K. Jacobson 2105 W. Chestnut •