HomeMy WebLinkAboutR-2012-158 Elks Park Athletic Complex Maintenance and Concessions Agreement with the Yakima National Little League Association RESOLUTION NO. R- 2012 -158
A RESOLUTION authorizing the City Manager of the City of Yakima 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 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 City of Yakima and Yakima National Little League
Association (Elks Park Athletic Complex) "
ADOPTED BY THE CITY COUNCIL this 11 day of December 2012. 421.
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\`\ Mica Cawl y, Mayor
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AGREEMENT BETWEEN CITY OF YAKIMA AND
YAKIMA NATIONAL LITTLE LEAGUE ASSOCIATION
(Elks Park Athletic Complex)
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 the Elks Park Athletic Complex (hereinafter "Elks Park "), a
public parked owned by the City, for its Little League activities; and
WHEREAS, City and 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, conditions, promises, terms and
conditions set forth herein, it is agreed by and between the City and the Association as follows:
1. Citv's Responsibilities.
A. Pre - Season Maintenance. City shall work with Association in determining
the dates for pre- season maintenance. All pre- season maintenance activities, including City's
activation 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 City. Dates will coincide with City's spring maintenance schedule.
B. Provision of Dumpster. City shall furnish one trash deposit dumpster for the
season. Placement of the dumpster will be by mutual agreement of the parties and the costs of
placement will be borne by City.
C. Activation of Irrigation System. City will attempt to turn on the irrigation water at
Elks Park for Association's first pre- season work party, depending on weather conditions.
D. Opening of Restrooms for Pre - Season. City will attempt to have the restroom
facilities available for use by the time of the Association's first pre- season work party, depending
on weather conditions.
E. Key to Facilities. City will provide Association with a key to the restroom facilities
and concession facility.
F. Maintenance of Irrigation System. City shall maintain the irrigation system at
Elks Park, including repair and replacement of broken irrigation heads.
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G. Special Maintenance or Irrigation Needs. City will work with Association on
special maintenance or irrigation needs. Such maintenance shall include providing mason sand
and topsoil to prepare the fields for use, but is limited to no more than an annual aggregate total
of seventy -five (75) yards material.
H. Mowing. City will mow Elks Park on a regular basis.
2. Association's Responsibilities.
A. Notification of Pre - Season Work Parties. Association shall notify City at least
two (2) weeks in advance of the dates for Association's pre- season work parties.
B. Spot Maintenance of Sod. Association will spot -sod or de -sod the Elks Park
fields as needed.
C. Responsibility for Damage — Early Activation of Irrigation. Association shall be
responsible for any damages resulting from early activation of the irrigation system at Elks Park
that is done at the request of the Association.
D. Pre - Season Maintenance of Restroom. Association shall be responsible for
cleaning and closing of restrooms during March or before restrooms are open for the regular
season by City. Association shall be responsible for damage to restrooms which occurs during
the time the restrooms are opened early at the request of Association, except for damage to the
exterior of the restrooms resulting from vandalism.
E. Preparation of Baseball Fields. Association will prepare the baseball fields for play
for all Association games and practices. 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. Association will empty garbage receptacles into the outside garbage container.
F. Bases. Association will store the bases each night. Association shall be
responsible for and shall replace all lost or stolen bases.
G. Improvements to Facilities. Association will work with City regarding future
construction, rehabilitation or other building remodeling at Elks Park. Association shall provide
City with all construction proposals, including budget and building plans, to the Parks and
Recreation Division Manager for review and approval. Association shall work with City to
standardize all future building materials. All construction projects proposed by Association are
expressly conditioned upon the prior written approval of the Parks and Recreation Division
Manager.
H. Use of Facility Application. Association will complete and submit a "Use of
Facility" application indicating the scheduling needs of Association no later than March 1 of each
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year. Association shall submit a detailed schedule of baseball field use prior to the start of each
season such that when Association is not using the field, the community can have use of at
least one field.
I. Designation of Contact Person. Association will designate an Association Board
Member who will represent Association and work with City's Athletic Supervisor on all conditions
of this Agreement.
3. Consideration.
In consideration for the responsibilities and obligations undertaken by Association pursuant to
this Agreement, City waives all field use fees otherwise required of Association for the use of
Elks Park for Little League programs. Such waiver is expressly conditioned upon 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 Association, Association shall compensate 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 term of this
Agreement.
4. Concession Stand.
A. Exclusive Right to Operate. City grants 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 Association complies with all of the
terms and conditions of this Agreement.
B. Assignment and Subcontracting. The right to operate the concession stand shall
not be assigned, transferred and /or subcontracted in whole or in part by 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 Association as stated
herein. Further, 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 hold harmless /indemnification
requirements of Section 13 and the insurance requirements of Section 14 of this Agreement.
C. Books and Records. Association shall maintain accurate books and records of
all concession stand income and expenses. Association shall provide a written annual
accounting report for the concession stand to the Parks and Recreation Division Manager by
December 31 of each year of this Agreement. If Association does not produce such a report,
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the exclusive right to operate the concession stand granted by this Agreement shall terminate at
midnight on December 31.
D. Association Fund for Capital Improvements. Pursuant to previous Agreement,
and since January 1, 2007, Association has reserved at least ten percent (10 %) of the net
profits realized from the operation of the concession stand each year for capital improvements
to Elks Park. In continuation of such account, Association shall reserve at least ten percent
(10 %) of the net profits realized from operation of the concession stand per year for capital
improvements to Elks Park. Such funds shall be held and maintained in an account established
by Association. 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 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.
E. Maintenance of Concession Stand. 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.
Association shall be responsible for all necessary repair, maintenance, janitorial and utility costs
associated with the operation of the concession stand.
F. Inspection. City reserves the right to inspect the concession stand premises at
any arid all reasonable times throughout the term of this Agreement; provided, however, that it
shall not interfere unduly with Association's operation of the concession stand. The right of
inspection reserved to City hereunder shall impose no obligation upon City to make such
inspections or to ascertain the condition of the premises and shall impose no liability upon City
for failure to make such inspections.
G. Removal of Association Property upon Termination. Upon termination of this
Agreement, Association shall remove its property and effects from the concession stand
premises and peacefully vacate, surrender and deliver up possession of the concession stand
premises. The concession stand premises shall be surrendered to City in good order and
condition, reasonable wear and tear excepted. If Association fails to remove its property and
effects within fourteen (14) calendar days of termination of this Agreement, City shall have the
right to remove and store all of said property and effects at the expense of Association.
5. Term of Agreement — Renewal. This Agreement shall be for an initial term of five
years commencing January 1, 2013 and terminating Midnight of December 31, 2017, unless
earlier terminated by either party in accordance with Section 30 of this Agreement.
Notwithstanding the above, this Agreement shall be renewed automatically for an additional
term of five years commencing January 1, 2018 and terminating Midnight of December 31, 1923
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unless either party delivers written notice of intent to not renew, or to negotiate new terms, not
later than September 30, 2017.
6. Ownership of Improvements. 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 City once the improvement is made.
7. Status of Association. Association and City understand and expressly agree that
Association is an independent contractor in the performance of each and every part of this
Agreement. Association and its employees shall make no claim of City employment nor shall
claim against City any related employment benefits, social security and /or retirement.
8. Taxes and Assessments. 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, 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 City is assessed a tax or
assessment as a result of this Agreement, Association shall pay the same before it becomes
due.
9. Nondiscrimination Provision. During the performance of this Agreement, 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. Association agrees to comply with the
Americans With Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA), and its
implementing regulations insofar as such are applicable to the programs and services offered by
Association. The ADA provides comprehensive civil rights to individuals with disabilities in the
area of employment, public accommodations, state and local government services and
telecommunications. City and Association shall cooperate to maintain and assure compliance
with ADA standards applicable to capital improvements to Elks Park.
11. Compliance with Law. 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 City. It is understood the City does not maintain liability
insurance for Association and /or its members, officers, agents, employees and /or volunteers.
13. Indemnification and Hold Harmless.
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4.,
A. Association agrees to protect, indemnify and hold harmless the City, its elected
officials, officers, employees, agents, and volunteers from any and all claims, demands, losses,
liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards,
costs and expenses resulting from death or bodily injury to any person or damage or destruction
to a third party or third parties to the extent caused by any negligent act and /or omission of
Association, its officers, employees, agents, volunteers and /or subcontractors, arising out of the
performance of this Contract.
B. Nothing contained in this Section or this Contract shall be construed to create a
liability or a right of indemnification in any third party.
C. The provisions of Section 13 regarding Indemnification and Hold Harmless and
applicable insurance coverage under Section 14 of this Agreement shall survive the termination
of this Agreement.
14. Liability Insurance
A. General. At all times during the term of this Agreement, Association shall secure
and maintain in effect insurance to protect the City and Association from and against all claims,
damages, losses, and expenses arising out of or resulting from the performance of this
Contract. Association shall provide and maintain in force insurance in limits no less than that
stated below, as applicable. The City reserves the right to require higher limits should it deem it
necessary in the best interest of the public.
B. Commercial General Liability Insurance. Before this Contract is fully executed
by the parties, Association shall provide the City with a certificate of insurance as proof of
commercial liability insurance and commercial umbrella liability insurance with a total minimum
liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily
injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate (per
project). The policy shall include employers liability (Washington Stop Gap). The certificate
shall clearly state who the provider is, the coverage amount, the policy number, and when the
policy and provisions provided are in effect. Said policy shall be in effect for the duration of this
Agreement. The policy shall name the City, its elected officials, officers, agents, employees,
and volunteers as additional insureds. 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 Subletting.
A. General. This Agreement, or any interest herein or claim hereunder, shall not be
assigned, transferred or subleased in whole or in part by Association to any other person or
entity without the prior written consent of City.
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B. Association - Sponsored Tournaments. Tournaments sponsored or co- sponsored
by Association shall not be considered an assignment under this Agreement. The provisions of
this Agreement shall apply in full force and effect for any baseball tournament in Elks Park
sponsored or co- sponsored by Association, and Association shall be responsible to assure any
co- sponsor's compliance with applicable terms of this Agreement, including but not limited to,
requiring such co- sponsor to execute and deliver to the Parks and Recreation Division Manager
an executed Indemnification and Hold Harmless form substantially in the form stated in Section
13 of this Agreement, indemnifying and holding harmless the City, its elected officials, officers,
employees, agents, and volunteers.
C. Tournaments Sponsored by Third Party. Association shall not permit any third
party to conduct any tournament in Elks Park facilities. Instead, such requests received by
Association shall be referred to City, and City shall be solely responsible to permit, deny, or
condition any approval for such use in accordance with its procedures and regulations.
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 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 Association or 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 Circumstances. 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 activation 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
of such termination, Association shall pay City for any additional mowing and /or other special
termination services rendered by City up to the termination date.
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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:
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TO CITY: Parks and Recreation Division Manager
City of Yakima Public Works
2301 Fruitvale Boulevard
Yakima, Washington 98902
TO ASSOCIATION: President
Yakima National Little League Association
P.O. Box 9664
Yakima, Washington 98907
or 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.
24. Effective Date. This Agreement shall be effective upon execution by both parties, with the
• term commencing January 1, 2013.
CITY OF YAKIMA YAKIMA NATIONAL LITTLE LEAGUE
ASSOCIATION
By: Y V
Tony O'Rour , City Manager Mike Saxton, President
Date:_ Q.- — j t2--- Date: /o2./O 7/c)0/2
ATTEST:
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City Contract No.0 4
Resolution No. /e 2 /5
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1
For Meeting of: December 11, 2012
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ITEM TITLE: Resolution authorizing an agreement with the Yakima
National Little League Association for baseball field
maintenance and concession stand operation at Elks Park
Athletic Complex
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:
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 ball field 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 Other
(specify)
Contract: X Mail to: President YNLLA, P 0 Box 9664, Yakima, WA
98907
Contract Term: January 1, Amount: Expiration Date: 12/31/2017
2013 - December 31, 2017 w /auto 5 yr renewal
Insurance Required? Yes
Funding Parks and Recreation Phone:
Source:
APPROVED FOR
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Staff respectfully requests Council to adopt Resolution authorizing and directing the City
Manager to execute "Agreement Between City of Yakima and Yakima National Little League
Association (Elks Park Athletic Complex)" for baseball field maintenance and concession
stand operation at Elks Park.
BOARD /COMMISSION RECOMMENDATION:
The Parks and Recreation Commission supports this request. -
ATTACHMENTS:
Click to download
❑ Resolution
❑ Agreement between the City of Yakima and Yakima National Little League Association
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