HomeMy WebLinkAboutR-2022-012 Presentation and Resolution authorizing a Memorandum of Understanding with Single Track Alliance of Yakima for the development and construction of a bicycle pump track at Randall ParkA RESOLUTION
RESOLUTION NO. R-2022-012
authorizing a Memorandum of Understanding with Single Track Alliance
of Yakima for the development and construction of a bicycle pump track
at Randall Park.
WHEREAS, the City is the owner of Randall Park located at 1399 South 48th Avenue,
Yakima, Washington, and situated generally upon and within Yakima County Assessor' s
Parcel No 181327-33006; and
WHEREAS, Single Track Alliance of Yakima is a charitable organization duly formed as
a nonprofit corporation under the laws of the State of the Washington (501(c)(3)).
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 Single Track Alliance of Yakima is dedicated to enhancing the Park for
the benefit of the community; and
WHEREAS, the Single Track Alliance of Yakima is willing to contribute financial and
other resources to the City for the design, development and construction of a bicycle pump track
in the 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 is hereby authorized and directed to execute the attached and
incorporated agreement between the City of Yakima and Single Track Alliance of Yakima for
development of a bicycle pump track in Randall Park.
ADOPTED BY THE CITY COUNCIL this 18th day of January, 2022.
ATTEST: Janice Decc o, Mayor
Sonya Claar Tee, City Clerk
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF YAKIMA AND SINGLE
TRACK ALLIANCE OF YAKIMA FOR DEVELOPMENT OF A BICYCLE PUMP TRACK AT
RANDALL PARK
PARTIES: STAY: Single Track Alliance of Yakima, a nonprofit corporation
City: City of Yakima, Washington, a municipal corporation
SUBJECT
PROPERTY: Randall Park — South is an area of Randall Park that is south of Wide
Hollow Creek along S. 48th Avenue. This area also is the location of the
Randall Park Dog Park. The area currently is gravel and some grass.
Parcel number is 181132733006.
Subject property is generally depicted in Exhibit A.
RECITALS:
City owns Randall Park, located at 1399 South 48th Avenue, Yakima, Washington.
STAY is a charitable organization duly formed as a nonprofit corporation under the laws
of the State of Washington (501(c)(3)). The purpose of the organization is to promote, sponsor,
develop and construct recreational and educational trails and facilities for use by non -motorized,
human -powered vehicles and pedestrian hikers. STAY has proposed to design, develop and
construct a bicycle pump track within and upon the described real property, which shall be open
for use by the public.
The parties desire to enter into an Agreement to accomplish these purposes.
AGREEMENT:
The purpose of this Agreement is to develop and construct a bicycle pump track system upon
and within the Subject Property, substantially conforming to the conceptual plans and drawing
attached hereto as Exhibit "A" and incorporated herein by this reference. The Memorandum of
Understanding is subject to the following terms and conditions:
1. Term. This Memorandum of Understanding is entered into for an initial term of five (5) years
commencing January 4, 2022, and continuing through December 31, 2027, unless the
Agreement is terminated earlier by either party under Section 19 of this Agreement. STAY shall
proceed with their obligations in a timely and diligent manner but shall not have responsibility for
delays caused by others beyond the control of STAY or that were not reasonably foreseeable.
2. No Payment Required. This Memorandum of Understanding is agreed as an accommodation
with no monetary consideration, but in consideration of STAY's development and construction of
the designated bicycle pump track. STAY's use of the property to support recreational use of the
pump track project is deemed a public recreational use.
3. City Title. STAY acknowledges the City's legal ownership to the Subject Property described
herein. STAY expressly agrees to never deny City's right in ownership of said real property or to
claim title in STAY's name. STAY further agrees that it does not and shall not at any time claim
any interest or estate of any kind or extent whatsoever in the real property upon which STAY
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constructs the bicycle pump track that is the subject of this Agreement, by virtue of the rights
granted under this agreement, STAY's occupancy or use under this agreement, or any other
basis.
4. City's Obligations. City shall assist in planning for a new bicycle pump track. City shall
maintain and repair the bicycle pump track as necessary. The City shall take other steps, as
necessary, to ensure public safety in the use and enjoyment of the bicycle pump track.
City will attempt to secure funding from donations, grants or the Parks Capital fund for
development of the parking lot and other amenities for the site, including, but not limited to,
grass, benches, tables, and shelters.
City shall maintain and repair amenities for the site as needed, including, but not limited to, the
parking lot, grass, benches, tables, and shelters.
City will ensure the bicycle pump track complies with the State Environmental Policy Act (SEPA)
before construction.
5. STAY's obligations. STAY shall contribute the full cost of the design, development and
construction of a new bicycle pump track, together with donated materials, supplies and volunteer
labor and professional services. STAY reserves the right to voluntarily contribute additional sums,
materials and services as it deems necessary and appropriate. STAY will raise funds for the
project as it deems necessary.
STAY shall provide the labor and materials for the development and construction of a pump track
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.
STAY shall assist the City in the planning and site development of the pump track;
STAY shall select the contractor(s) to perform the design and construction of the pump track;
STAY shall assist the City in the selection of amenities for the site, including, but not limited to,
benches and tables; and
STAY shall participate in the pump track development subject to the direction of the designated
contractor.
6. STAY's Improvements on the Subject Property — Ownership —,Approval by City. STAY or its
contractors, volunteers, and/or agents, at its sole cost and expense, will construct the
recreational bicycle pump track in accordance with plans and specifications approved by the
City. STAY agrees to pay for all improvements incidental or necessary to construct said system
and related facilities. STAY acknowledges that legal title and ownership of any improvements
and/or permanent structures erected upon City's real property shall vest and remain in the real
property.
7. Use of Property — Signage — Rules and Regulations. The Subject Property and all
improvements thereon shall be used for recreational purposes, open to the public without fee or
charge. City will cooperate with STAY regarding design, wording and location of appropriate
signage, information kiosks and other forms of communication providing rules and procedures
and other information deemed appropriate. City shall have the right to approve, deny or modify
any such signage, supporting structures and location. City will use reasonable efforts to assist
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with costs associated with construction and placement of such signage, subject to available
budgeted funds.
STAY shall develop, publish and implement appropriate rules and regulations regarding use of
the bicycle pump track.
8. Use of City Logo, STAY may use the City of Yakima logo in any promotional material upon
the prior written consent of a City of Yakima Public Works Department representative.
9. Administration. This Agreement shall be administered by the City's Parks and Recreation
Division.
10. Independent Contractor. STAY and the City understand and expressly agree that STAY is
an independent contractor in the performance of each and every part of this Agreement. STAY,
as an independent contractor, assumes the entire responsibility for carrying out and
accomplishing the work/services required for its performance under this Agreement. STAY, 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, STAY 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 STAY and/or any officer,
employee or agent of STAY and the City.
11. 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 STAY may rely upon or enforce any provision of this Agreement.
12. Indemnification and Hold Harmless.
A. STAY agrees to release, indemnify, defend and hold harmless the City, its elected
and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and
volunteers from all liabilities, losses, damages, and expenses related to all claims, suits,
arbitration actions, investigations, and regulatory or other governmental proceedings arising
from or in connection with this Agreement or the acts, failures to act, errors or omissions of
STAY, or any STAY's agent or subcontractor, in performance of this Agreement, except for
claims caused by the City's sole negligence. The City's right to indemnification includes
attorney's fees costs associated with establishing the right to indemnification hereunder in favor
of the City.
B. Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of STAY and the
City, STAY's liability, including the duty and cost to defend, shall be only to the extent of STAY's
negligence.
C. It is specifically and expressly understood that STAY waives any immunity that may
be granted to it under Washington State industrial insurance act, Title 51 RCW, solely for the
purposes of this indemnification. STAY's indemnification shall not be limited in any way by any
limitation on the amount of damages, compensation or benefits payable to or by any third party
under worker's compensation acts, disability benefit acts or any other benefit acts or programs.
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STAY shall require that its subcontractors, and anyone directly or indirectly employed or hired
by STAY, and anyone for whose acts STAY may be liable in connection with its performance of
this Aonme08nt' comply with the 05nn8 of this pGnGQr8ph, waive any immunity granted under
Title 51 RCW, and assume all potential liability for actions brought by their respective
employees. The Parties acknowledge that they have mutually negotiated this waiver.
[}. The City agrees tDrelease, indemnify, defend and hold harmless STAY, its officers,
directors, shareholders, partners, employees, agents, representatives and subcontractors
harmless from any and all claims, demands, actions, suits, causes of action, arbitration,
nnediotiODo' pnDQe8dingo, coGtG, and/or litigation expenses to orbyany and all persons or
entities, including without |imitotion, their respective agents, licensees, or representatives,
arising fnonn, naou|Un0 from or connected with this Agreement bJthe extent solely caused by the
negligent aoto, errors or omissions of the City.
E.Survival. The provisions ofthis section shall survive the expiration Vrtermination of
this Agreement with respect to any event occurring prior to such expiration or termination.
13. Insurance Required.
A. Liability Insurance. Before this Agreement iGfully executed by the parties, STAY shall
provide the City with @ Certificate CfInsurance aoproof ofliability insurance providing coverage
for bodily injury and property damage with limits not less than Two yWi||iOD C)o||Gre per
occurrence, and Two Million Dollars inthe aggregate. The above coverage limits may be
satisfied bythe procurement of8nUmbrella orExcess policy ifnecessary. The certificate shall
clearly state who the provider is, the amount ofcoverage, the policy number, and when the
policy and provisions provided are ineffect. Said policy shall beineffect for the duration of this
Agreement. The policy shall name the City' its elected and appointed officials, DffiCer8,
employees, agents and volunteers aoadditional insureds, and shall contain Gclause that the
insurer will not cancel orchange the insurance without giving the City thirty (30)days prior
written notice. The Certificate of Insurance shall be provided to the City annually with each new
insurance policy period. The insurance shall bewith oninsurance company orcompanies rated
A4/|| Or higher in Be8t's Guide and admitted in the State of Washington.
B. STAY shall require that all subcontractors it enters into Agreements with
shall maintain and provide proof ofinsurance inaccordance with this section, including but not
limited to the e800 |8v8| of coverage and naming the Cib/, its elected and appointed officia|m,
officers, employees, agents and volunteers as additional insureds. The insurance shall bewith
an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the
State OfWashington, oranapproved surplus lines company
C. Survival. The provisionsmfthis section shall survive the expiration ortermination Cf
this Agreement with respect to any event occurring prior to such expiration or termination.
14`Records �Retention and �Disclosure.
A. The City is required by |avv to comply with the Washington State Public Records Act
(PRA).Chapter 42.56 RCVV.All records relating boGl7\Y'mservices under this Agreement
and/or on behalf Ofor in partnership with the City must be made available to the City' and also
produced to third p@rties, if required, pursuant tothe PRAorby |oxv. All determinations of
records subject to release under the F»RA, or otherwise required by |8s' shall be at the mo|8
discretion of the City. This Agreement and all public documents associated with this Agreement
shall beavailable tothe City for inspection and copying bythe public where required bythe PRA
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or other law, to the extent that public records in the custody of STAY are needed for the City to
respond to a request under the PRA, as determined by the City. If STAY considers any portion
of any records provided to the City under this Agreement, whether in electronic or hard copy
form, to be protected from disclosure under law, STAY shall clearly identify any specific
information that it claims to be confidential or proprietary. If the City receives a request under
the PRA to inspect or copy the information so identified, and determines that the release of the
information is required or otherwise appropriate, the City's sole obligation shall be to notify
STAY of the request and the date such information will be released to the requestor unless
STAY obtains a court order to enjoin the release, pursuant to RCW 42.56.540. If STAY fails to
timely obtain a court order enjoining disclosure, the City will release the requested information
on the date specified. The City has, and by this section assumes, no obligation on behalf of
STAY to claim any exemption for disclosure under the PRA. The City shall not be liable to STAY
for releasing records not clearly identified by STAY as confidential or proprietary. The City shall
not be liable to STAY for any records that the City releases in compliance with the PRA, this
section, or in compliance with an order of a court of competent jurisdiction.
B. The records relating to the actions taken and work done pursuant to this Agreement
shall, at all times, be subject to inspection by the City. STAY's records relating to this
Agreement will be provided to the City upon the City's request.
C. STAY shall promptly furnish the City with such information and records which are
related to this Agreement as may be requested by the City. Until the expiration of six (6) years
after completion of the terms and conditions of this Agreement, or for a longer period if required
by law or by the Washington State Secretary of State's record retention schedule, STAY shall
retain and provide the City access to (and the City shall have the right to examine, audit and
copy) all of STAY's books, documents, papers and records which are related to this Agreement.
D. All City information which, under the laws of the State of Washington, is classified as
public or private, will be treated as such by STAY. Where there is a question as to whether
information is public or private, the City shall make the final determination. STAY shall not use
any information, systems, or records made available to it for any purpose other than to fulfill the
Agreement duties specified herein. STAY agrees to be bound by the same standards of
confidentiality that apply to the employees of the City and the State of Washington. The terms of
this section shall be included in any subcontracts executed by STAY for work associated with
this Agreement.
15. Parties Bound. Subject to the right of revocation as herein set forth, this agreement shall
inure to the benefit of and be binding upon the parties hereto, their heirs, successors and
assigns.
16. <Integration. This writing constitutes the entire agreement of the parties and its execution is
authorized by their respective governing bodies.
17. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed
to be delivered three (3) days after having been deposited in the United States mail, postage
prepaid, certified mail, return receipt requested, addressed to the parties at the respective
addresses set forth below or at such other addresses as may have been theretofore specified
by written notice delivered in accordance herewith:
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If to the City: City of Yakima Public Works Department
2301 Fruitvale Boulevard
Yakima, WA 98901
Attention: Parks and Recreation Manager
If to STAY: Single Track Alliance of Yakima
Attn: President
16353 Ahtanum Rd
Yakima, WA 98903-9760
(Or Successor)
18. Entire Agreement. This agreement shall constitute the entire agreement between the parties
and any prior understanding or representation of any kind preceding the date of this agreement
shall not be binding upon either party except to the extent incorporated in this agreement. Any
modification of this agreement or additional obligation assumed by any party in connection with
this agreement shall be binding only if evidenced in writing signed by each party or an
authorized representative of each party.
19. 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 STAY may rely upon or enforce any provision of this Agreement.
20. 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.
21. Termination. Either party may terminate this Agreement, with cause, by written notice of
default from the non -defaulting party, if the default is not cured within thirty (30) days following the
giving of such notice. City shall have the right to terminate and revoke this Agreement upon any
reason deemed necessary or appropriate in the sole discretion of the City. If termination or
revocation is deemed necessary or appropriate, City shall provide written notice of such
termination or revocation to STAY at least (30) days in advance of the effective date of such
termination or revocation.
22. Governing Law. This agreement shall be governed in all respects by the laws of the State of
Washington.
23. Venue. In the event there should be any litigation arising out of this agreement, venue shall
lie in Yakima County, Washington.
24. Capacity, Due Authorization. STAY affirms and warrants that the individual whose signature
appears below on its behalf has the full power, capacity, and legal right to execute this
Agreement and that this Agreement has been duly authorized and executed and that it shall
constitute the legal, valid and binding obligation of STAY, enforceable in accordance with its
terms.
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DATED AND EFFECTIVE this day olDe b
CITY OF YAKIMA
Robert Harrison, City Manager
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Date Signed
ST:
onya Cla
City Clerk
City Contract No.
City Resolution No.
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SINGLE TRACK ALLIANCE OF YAKIMA
Patrick Huwe, President
Date Signed
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ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 8.
For Meeting of: January 18, 2022
Presentation and Resolution authorizing a Memorandum of
Understanding with Single Track Alliance of Yakima for the
development and construction of a bicycle pump track at Randall
Park
SUBMITTED BY: Ken Wilkinson, Parks & Recreation Manager 509 576 6416
Sara Watkins, City Attorney
SUMMARY EXPLANATION:
Single Track Alliance of Yakima (STAY) wishes to construct and develop a bicycle pump track at
Randall Park. STAY is committed to raising the funds needed for the construction and design. A
community outreach event was held at Randall Park in June of 2021 to obtain feedback and
information from the community regarding a bicycle pump track. The City of Yakima Parks and
Recreation Department hopes to obtain funds to provide for park amenities such as a paved
parking lot, grass, and benches to accommodate the bicyle pump track.
The City of Yakima Parks and Recreation Department would maintain and repair the track and
surrounding amenities. This agreement allows STAY and the City to move forward with obtaining
the necessary funds for the development of the bicycle pump track.
ITEM BUDGETED: No
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
The Parks and Recreation Commissioners and staff recommend adopting the resolution.
ATTACHMENTS:
Description
Resolution authorizing a Memorandum of Understanding
with Single Track Alliance of Yakima for the
deNielopment and construction of a bicycle pump track
at Randall Park
0
Upload Date Type
12/22/2021 Kesolution
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MOUk between STAY and the Oty of Yakima - pump 12l17/2021 Contract
trac
D Proposed bicycle pump track location schematic 12/17/2021 Exhibit
Preliminary L sign 12/17/2021 Exhibit