HomeMy WebLinkAbout12/11/2012 09 Franklin Park Playground Facility Development Agreement with Downtown Yakima Rotary Club I
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: December 11, 2012
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ITEM TITLE: Resolution authorizing an agreement with the Downtown
Yakima Rotary Club for a New Playground at Franklin Park
SUBMITTED BY: Chris Waarvick, Director of Public Works
Ken Wilkinson, Parks and Recreation Manager
Mark Kunkler, Senior Assistant City Attorney
CONTACT Ken Wilkinson, 575 -6020
PERSON /TELEPHONE:
SUMMARY EXPLANATION:
Staff respectfully requests Council consideration of the attached resolution authorizing an
agreement between the City of Yakima and the Downtown Yakima Rotary Club for new
playground at Franklin Park.
Downtown Yakima Rotary Club is offering its generous assistance to the community by
contributing financial and other resources for a new playground at Franklin Park. The old
playground was removed in 2011 due to its age, poor condition from vandalism and the
difficulty of locating replacement parts. The new playground is a component of the City of
Yakima business plan strategic goals for 2013. The City of Yakima will oversee site
development and provide input on playground design The Downtown Yakima Rotary Club
will utilize volunteers from the club to assemble the playground. The new playground will
provide a park amenity for the general public to use and enjoy.
Resolution X Ordinance Other Agreement
(specify)
Contract: X Mail to: Downtown Rotary Club, David Hargreaves,
President, P 0 Box 464; Yakima, 98907 -0464
Contract Term: upon
execution Amount: $83,000 Expiration Date:
Insurance Required? No
Funding Parks and Recreation Capital Budget Phone:
Source:
APPROVED FOR City Manager
SUBMITTAL:
4 A l twt a) 0
STAFF RECOMMENDATION:
Staff respectfully requests City Council to adopt the Resolution authorizing and directing the
City Manager of the City of Yakima to execute "Agreement between the City of Yakima and
the Downtown Yakima Rotary Club for development, maintenance and use of Franklin Park"
for a new playground at Franklin Park.
BOARD /COMMISSION RECOMMENDATION:
Kellie Connaughton, a member of the Downtown Yakima Rotary Club, presented The
proposed playground at Franklin Park to the Parks and Recreation Commissioners on
November 14, 2012 and the Parks and Recreation Commission accepted the project
proposal and recommends approval to the full City Council.
ATTACHMENTS:
Click to download
❑ Resolution
❑ Agreement
RESOLUTION NO. R -2012-
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute
an agreement between the City of Yakima and the Downtown Yakima Rotary
Club for development of a playground facility in Franklin Park
WHEREAS, the City of Yakima (hereafter called "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, Downtown Yakima Rotary Club ( "Rotary Club ") is duly formed and existing as
a nonprofit organization under the laws of the State of Washington; and
WHEREAS, City owns, operates and maintains a public park known as Franklin Park
located within the City with common street address known as 2101 Tieton Drive, Yakima,
Washington. The Park is operated and managed by the Parks and Recreation Division of the
City; and
WHEREAS, Rotary Club desires to enhance the Park for the benefit of the community by
expending up to $83,000 for development and construction of a new playground facility; and
WHEREAS, 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 Rotary Club for the design,
construction and completion of a playground facility 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 herby authorized and directed to execute the
attached and incorporated "Agreement between the City of Yakima and the Downtown Yakima
Rotary Club for development, maintenance and use of Franklin Park."
ADOPTED BY THE CITY COUNCIL this _day of December, 2012.
Micah Cawley, Mayor
ATTEST
Sonya Claar Tee, City Clerk
AGREEMENT BETWEEN THE CITY OF YAKIMA AND
THE DOWNTOWN ROTARY CLUB FOR DEVELOPMENT, MAINTENANCE AND USE OF
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 Downtown Rotary
Club (hereinafter the "Rotary Club "), for purposes of the development, maintenance and use of
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 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 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 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.
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City of Yakima — Downtown Rotary Club
Franklin Park Development
The Rotary Club shall perform the following obligations in regard to the Park:
A. The Rotary Club shall spend up to Eighty -Three Thousand Dollars ($83,000.00) 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;
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 assist the City in the selection of amenities, not including the
specific playground equipment, for the site, including, but not limited to, benches and tables; and
F. 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
Association 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 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 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.
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
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City of Yakima -• Downtown Rotary Club
Franklin Park Development
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.
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.
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,
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City of Yakima — Downtown Rotary Club
Franklin Park Development
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. The parties may terminate this Agreement, with or without cause, by written
notice from either party to the other party thirty (30) days in advance of the termination.
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
Tony O'Rourke, City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
TO. DOWNTOWN ROTARY CLUB:
David Hargreaves, President
P.O. Box 464
Yakima, WA 98907 -0464
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 pursuant to
RCW 39.34.040 and with the City Clerk of Yakima
CITY OF YAKIMA DOWNTOWN ROTARY CLUB
Tony O'Rourke, City Manager David Hargreaves, President
Date Signed Date Signed
ATTEST.
Sonya Claar Tee, City Clerk
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City of Yakima -- Downtown Rotary Club
Franklin Park Development