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HomeMy WebLinkAboutR-2010-028 Yakima Southwest Rotary Club Agreement for Kiwanis Park Basketball CourtRESOLUTION NO. R-2010-28 A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement with the Yakima Southwest Rotary Club for development of a basketball court 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 designed to provide opportunities for a variety of youth sports activities and recreational amenities for general public use; and WHEREAS, the Yakima Southwest Rotary Club is continuing its generous assistance to the community by providing a new basketball court 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 Southwest Rotary Club for development of a basketball court at Kiwanis Park. ATTEST: ADOPTED BY THE CITY COUNCIL this 2"d day of March, 2010. Micah Cawley, May City Clerk AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE YAKIMA SOUTHWEST ROTARY CLUB FOR DEVELOPMENT OF A BASKETBALL COURT AT THE UPPER KIWANIS 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 "Southwest Rotary Club"), for purposes of the development, maintenance and use of a basketball court at the Upper Kiwanis Park (hereinafter. the "Park"). WHEREAS, the City is the owner of the Park located at 405 Fair Avenue, Yakima, Washington; WHEREAS, the Park is a valuable recreational resource for the community; WHEREAS, the -City is committed to ensuring that improvements to the Park serve the best interests of the community; WHEREAS, the Southwest Rotary Club is dedicated to enhancing the Park for the benefit of the community; WHEREAS, the Southwest Rotary Club is willing to contribute financial and other resources to the City for the development of the Park; and, WHEREAS, the City is willing to accept the financial and other resources offered by the Southwest Rotary Club for the development of 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 Southwest Rotary Club in the development of Upper Kiwanis 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 Upper Kiwanis Park: A. The City shall assist in planning for a new basketball court in the Park; B. The City shall ensure the site has accessibility for the handicapped; C. The City shall maintain and repair the basketball court; and D. The City shall take .other steps, as necessary, to ensure public safety in the use and enjoyment of the basketball court. The Southwest. Rotary Club shall perform the following obligations in regard to Upper Kiwanis Park: A. The Southwest Rotary Club shall contribute up to twenty -thousand and 00/100 dollars ($20,000.00) for the development of a new basketball court in the Park and reserves the right to 'voluntarily contribute= additional sums as it deerns necessary and appropriate, subject to the City's approval which will not unreasonably be withheld; and Final Yakima SW Rotary BB Court Agrmt.rtf B. The Southwest Rotary Club shall assist the City in the planning and site development of the basketball court and will assist in the selection of contractors. 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 Southwest 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 Southwest 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 Southwest Rotary Club and the City understand and expressly agree that the Southwest Rotary Club is an independent contractor in the performance of each and every part of this Agreement. The Southwest 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 Southwest 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 Southwest 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 Southwest Rotary Club and/or any officer, employee or agent of the Southwest 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 Southwest 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. 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 ofservices under this Agreement. Final Yakima SW Rotary BB Court Agrmt.rtf 2 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 Southwest Rotary Club or its employees and subcontractors, nor does the Southwest 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 Southwest Rotary Club shall strive to discuss any outstanding issues related to the development of the basketball court 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. Ifany 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, 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 expenses in excess of one -thousand and 00/100 dollars .($1,000.00) 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. . Final Yakima SW Rotary BB Court Agrmt.rtf 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 SOUTHWEST ROTARY CLUB Rick Smith, President P.O. Box 1624 Yakima, WA 98907-1624 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 R.A. Zais, Jr., City Manager Date Si 9neH ATTEST: Deborah Kloster, City CI CITY CONTRAC t NO: RESOLUTION N0: Final Yakima SW Rotary BB Court AgrmLrtf YAKIMA SOUTHWEST ROTARY CLUB Rick Smith, President -11 (Q Date Signed ITEM TITLE: SUBMITTED BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. g For Meeting of March 2, 2010 A. Resolution authorizing execution of an agreement with the Yakima Southwest Rotary Club for a Basketball Court at Kiwanis Park 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 Southwest Rotary Club for development, maintenance, anduse of a basketball court at Kiwanis Park. The Yakima Southwest Rotary Club has offered to install a basketball court which will also be handicapped accessible. A new basketball court would provide a no -cost recreational opportunity for community youth at Kiwanis Park. Resolution X Ordinance Contract _ Other (Specify) Agreement, Contract . Mail to (name and address): Funding Source Parks and Recreation 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 Yakima Southwest Rotary Club for development, maintenance, and use of a basketball court at Kiwanis Park. BOARD/COM MISSION/COMMITTEE RECOMMENDATION: The Parks and Recreation Commission discussed the new basketball court for Kiwanis Park during its November 18, 2009 meeting and recommends approval to the full City Council. COUNCIL ACTION: