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HomeMy WebLinkAboutR-2015-014 Randall Park Raised Pond Observation Deck Agreement with Yakima Southwest Rotary ClubA RESOLUTION RESOLUTION NO. R-2015-014 authorizing the City Manager to execute an agreement with the Yakima Southwest Rotary Club for development of raised pond observation deck at Randall Park. WHEREAS, the City is the owner of the 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, the Park is a valuable recreational resource for the community; and WHEREAS, the Park includes a pond which serves as habitat for ducks and other water fowl. A wooden pond observation deck has been in place on the westerly shore of the pond for several years, but has deteriorated and fallen into disrepair; 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, development and construction of a raised pond observation deck facility on the southeasterly shore of the pond, which new observation deck will replace the existing observation deck facility at the Park; and WHEREAS, the City is authorized pursuant to RCW 35.21 278 to enter into agreements with service organizations for the design, development and construction of park improvements, and is willing to accept the financial and other resources offered by the Rotary Club for the design, development and construction of a new duck pond observation deck facility at the Park; WHEREAS, it is in the best interest of the City of Yakima to execute the attached agreement, no 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 Yakima Southwest Rotary Club for development of a raised pond observation deck at Randall Park. ADOPTED BY THE CITY COUNCIL this 20th day of January, 2015 L ATTEST: . Micah Cawley,,ayor Sonya C Tee, City Clerk AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA SOUTHWEST ROTARY CLUB FOR DEVELOPMENT AND IMPROVEMENT OF RANDALL PARK THIS AGREEMENT is entered into between the City of Yakima (hereinafter the "City"), whose address is 129 North 2nd Street, Yakima, Washington 98901, and, the Yakima Southwest Rotary Club (hereinafter the "Rotary Club"), for purposes of the development and improvement of Randall Park (hereinafter the "Park"). WHEREAS, the City is the owner of the 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, the Park is a valuable recreational resource for the community; and WHEREAS, the Park includes a pond which serves as habitat for ducks and other water fowl. A wooden pond observation deck has been in place on the westerly shore of the pond for several years, but has deteriorated and fallen into disrepair; 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, development and construction of a raised pond observation deck facility on the southeasterly shore of the pond, which new observation deck will replace the existing observation deck facility at the Park, and WHEREAS, the City is authorized pursuant to RCW 35.21.278 to enter into agreements with service organizations for the design, development and construction of park improvements, and is willing to accept the financial and other resources offered by the Rotary Club for the design, development and construction of a new duck pond observation deck facility 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 design, development and construction of a duck pond observation deck facility on the westerly shore of the duck pond within Randall Park (hereafter also described as the "Observation Deck"), and to provide for effective cooperation in the implementation of the provisions set forth herein. 2. Obligations of the Parties. A. City Obligations. The City shall perform the following obligations in regard to the Park: (1) The City shall assist in planning for the Observation Deck in the Park; Page 1 of 5 City of Yakima —Yakima Southwest Rotary Club Randall Park Development (2) The City shall oversee the site development of the area where the Observation Deck will be constructed, (3) The City shall ensure the completed Observation Deck has accessibility for the handicapped; (4) The City shall maintain and repair the completed Observation Deck; (5) The City shall take other steps, as necessary, to ensure public safety in the use and enjoyment of the completed Observation Deck; and (6) The City shall have sole authority to approve the design, amenities, fixtures, materials and schedule of construction of the Observation Deck. B. Rotary Club Obligations. The Rotary Club shall perform the following obligations in regard to the Park: (1) The Rotary Club shall commit and contribute up to Thirty Thousand Dollars ($30,000.00) for the design, development and construction of the Observation Deck in the Park, together with donated materials, supplies and volunteer labor and professional services with an estimated additional value of Thirty Thousand Dollars ($30,000.00) The Rotary Club reserves the right to voluntarily contribute additional sums, materials and services as it deems necessary and appropriate; (2) The Rotary Club shall assist the City in the planning and site development of the Observation Deck; (3) The Rotary Club shall select the contractor(s) to perform the design, development and construction of the Observation Deck; (4) The Rotary Club shall confer with the City as necessary in regard to any outstanding matters related to the maintenance and repair of the Observation Deck; (5) 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 (6) The Rotary Club and its members and volunteers may 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 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 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 Page2of5 City of Yakima —Yakima Southwest Rotary Club Randall Park Development this Agreement. The 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 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 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 of its officers, agents or employees to the fullest extent allowed by law; Provided, however, that upon completion of the Observation Deck, and acceptance thereof by City, City shall be solely responsible for maintenance and operation of the Observation Deck 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, nor does the 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 Page3of5 City of Yakima —Yakima Southwest Rotary Club Randall Park Development 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 Observation Deck 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. Severabilit 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 Agreement, without cause, upon thirty (30) days' written notice to the other party before either party has incurred substantial expenses (defined as 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: TO: CITY OF YAKIMA Tony O'Rourke, City Manager City of Yakima 129 North Second Street Yakima, WA 98901 YAKIMA SOUTHWEST ROTARY CLUB: c/o Joe Falk, Registered Agent 117 North 3rd Street, Suite 201 Yakima, WA 98901 Page4of5 City of Yakima —Yakima Southwest Rotary Club Randall Park Development 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 City Clerk, posted on the City of Yakima web site, and copies provided to any other agency with jurisdiction as otherwise required. CI OF YAKIMA y O'R���e, City Manager Dae Sig ed ATTEST: Sonya Clea)- - Tee, City Clerk MO kok .' --. AN Date Signed 0t 4" YAKIMA SOUTHWEST ROTARY CLUB 4seLPr esident Wes Nlorris, Secretary II(5 CITY CONTRACT Nl RESOLUTION Page 5 of 5 City of Yakima —Yakima Southwest Rotary Club Randall Park Development BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8. For Meeting of: January 20, 2015 ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: Resolution authorizing an agreement with the Yakima Southwest Rotary Club for development of raised pond observation deck at Randall Park in the amount of $30,000 Scott Schafer, Director of Public Works Ken Wilkinson, Parks and Recreation Manager - (509) 576- 6416 The Yakima Southwest Rotary Club is willing to contribute up to $30,000 to the City for the design, development and construction of the observation deck facility on the shore of the pond at Randall Park. In addition, up to an estimated additional value of $30,000 in donated materials, supplies, and volunteer labor and professional services. The new observation deck will replace the existing wooden, deteriorated observation deck. Resolution: X Other (Specify): Contract: Start Date: Item Budgeted: NA Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? Yes Mail to: Jenise Sanders, Parks Phone: 509-575-6164 APPROVED FOR SUBMITTAL: Ordinance: Contract Term: End Date: Amount: $30,000 The contribution of the Rotary club may be used as matching funds for the RCO grant that the Parks and Recreation Division has applied for. Partnership Development and Recreation Admin. Secretary City Manager RECOMMENDATION: I Yakima Parks and Recreation Staff recommend City Council approval of this agreement with the Yakima Southwest Rotary Club. ATTACHMENTS: Description Upload Date 0 Resolution Southwest Rotary Observation Deck 1/12/2015 0 Agreement Southwest Rotary Observation Deck 1/12/2015 Type Resolution Contract