HomeMy WebLinkAboutR-2010-022 Kiwanis Park Playground Agreement with Yakima Rotary ClubRESOLUTION NO. R=2010-22
A RESOLUTION authorizing the City Manager of the City of Yakima to execute an
agreement with the Yakima Rotary Club for development of a children's
playground system at Kiwanis 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 the Kiwanis project redevelopment area with projects consistent with the goals
and objectives in the Plan; and
WHEREAS, Kiwanis Park is a valuable community asset that has older sections in need
of refurbishment and there is a financial commitment in place by local service groups utilizing
planned development features are designed to provide opportunities for a variety of youth sports
activities and recreational amenities for general public use; and
WHEREAS, the Yakima Rotary Club is continuing its generous assistance to the
community by providing a new children's playground system with modern features which will be
accessible for the handicapped at Kiwanis Park; and
WHEREAS, the City of Yakima considers it is in the best public interest 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 Yakima Rotary Club
for development of a children's playground system at Kiwanis Park.
ADOPTED BY THE CITY COUNCIL this 16th. day of February, 2010.
ZY)ltej
Micah Cawley, Mayor
ATTEST
AGREEMENT BETWEEN THE CITY OF YAKIMA AND
THE YAKIMA ROTARY CLUB FOR DEVELOPMENT OF A CHILDREN'S PLAYGROUND
IN THE UPPER KIWANIS PARK
THIS AGREEMENT is entered into between the City of Yakima (hereinafter the "City"),
whose address is 129 North 2"d Street, Yakima, Washington 98901, and, the Yakima Rotary
Club (hereinafter the "Yakima Rotary Club"), for purposes of the development of a children's
playground in the Upper Kiwanis Park (hereinafter the "Park").
WHEREAS, the City is the owner of the Park located at 405 Fair Avenue, 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 Yakima Rotary Club is dedicated to enhancing the Park for the benefit
of the community; and
WHEREAS, the Yakima Rotary Club is willing to contribute financial and other resources
to the City for the design and development of a children's playground at the Park; and
WHEREAS, the City is willing to accept the financial and other resources offered by the
Yakima Rotary Club for the design and development of a children's 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 Yakima Rotary Club in the development of Upper Kiwanis Park for a children's playground
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 children's playground in the Park;
B. The City shall oversee the site development of the area where the construction of
the playground is planned;
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.
The Yakima Rotary Club shall perform the following obligations in regard to the Park:
A. The Yakima Rotary Club shall provide up to One -Hundred -and -Forty -Thousand
Dollars ($140,000.00) for the development and construction of the new playground in the
Park, and reserves the right to voluntarily contribute additional sums as it deems
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City of Yakima — Yakima Rotary Club
Upper Kiwanis Park Development
necessary and appropriate, subject to the City's approval which will not unreasonably be
withheld;
B. The Yakima Rotary Club shall assist the City in the planning and site development
of the playground
C. The Yakima 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 Yakima 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
E. The Yakima 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 Yakima 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 Yakima 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 Yakima Rotary Club and the City understand and
expressly agree that the Yakima Rotary Club is an independent contractor in the performance of
each and every part of this Agreement. The Yakima 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 Yakima 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 Yakima 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 Yakima Rotary Club
and/or any officer, employee or agent of the Yakima 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 Yakima 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 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.
C. Nothing contained in this Section or this Agreement shall create a liability or a right
of indemnification in any third party.
City of Yakima — Yakima Rotary Club
Upper Kiwanis Park Development
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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
Yakima Rotary Club or its employees and subcontractors, nor does the Yakima 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 Yakima Rotary Club shall meet to negotiate 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 to the greatest
extent possible.
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
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
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City of Yakima — Yakima Rotary Club
Upper Kiwanis Park Development
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:
YAKIMA ROTARY CLUB
Craig Mendenhall, 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
8"7lo
Date Signed
ATTEST:
YAKIMA ROTARY CLUB
all, President
Z• 22- 2-(n
Date Signed
Deborah Kloster, City Cie
CITY CONTRAC r NO:
-¢2a41:Lz
RESOLUTION - a
City of Yakima — Yakima Rotary Club
Upper Kiwanis Park Development
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of February 16, 2010
ITEM TITLE: A Resolution authorizing an Agreement with the Yakima Rotary Club for a
Children's Playground at Kiwanis Park
SUBMITTED BY: Chris Waarvick, Director of Public Works
Ken Wilkinson, Parks and Recreation Manager
Lawrence Watters, Senior 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 Yakima Rotary Club for
development of a children's playground at Kiwanis Park:
The Yakima Rotary Club is continuing its generous assistance to the community by offering to
replace aging, worn out swings and other old play structures with new, modern children's
playground equipment which will be handicapped accessible. A new playground will provide a
no -cost recreational opportunity for youth at Kiwanis Park.
Resolution X Ordinance _Contract X Other (Specify) Agreement
Contract Mail to (name and address):
Funding Source Parks and -creation 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 Downtown Rotary Club for development of a children's
playground system at Kiwanis Park.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Parks and Recreation
Commission discussed the new playground system for Kiwanis Park during its November 18,
2009 meeting and recommends approval to the full City Council.
COUNCIL ACTION: