HomeMy WebLinkAboutR-2015-098 Randall Park Playground Development, Maintenance, and Use Agreement with the Rotary ClubA RESOLUTION
RESOLUTION NO. R-2015-098
authorizing the City Manager to execute an agreement with the
Yakima Downtown Rotary Club to define the responsibilities of the
City and the Rotary Club in the development of a playground 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 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 and development of a playground, which new playground will
replace existing playground equipment 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 and development of a new playground 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 Downtown Rotary Club
for design and development of a playground at Randall Park.
ADOPTED BY THE CITY COUNCIL this 7th day of July, 2015
Micah Ca, fey, Mayor
AGREEMENT BETWEEN THE CITY OF YAKIMA AND
THE ROTARY CLUB OF YAKIMA FOR DEVELOPMENT, MAINTENANCE AND USE OF
RANDALL PARK (Playground Project)
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 Rotary Club of
Yakima (hereinafter the "Rotary Club"), for purposes of the development, maintenance and use of
Randall Park (hereinafter the "Park").
WHEREAS, the City is the owner of the Park located at 1399 South 48th 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 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 and development of a playground at the Park; and
WHEREAS, the City is willing to accept the financial and other resources offered by the
Rotary Club for the design and development of a 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 Rotary Club in the development of a playground at Randall 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 the Park:
A. The City shall assist in planning for a new playground in the Park;
B. The City shall oversee the site development of the area where the playground will be
constructed;
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.
Page 1 of 4
City of Yakima — Rotary Club of Yakima
Randall Park Development
The Rotary Club shall perform the following obligations in regard to the Park:
A. The Rotary Club shall spend up to One Hundred Ten Thousand Dollars
($110,000.00) for the development and construction of the new playground in the Park, and
reserves the right to voluntarily contribute additional sums as it deems necessary and appropriate;
B. The Rotary Club shall assist the City in the planning and site development of the
playground
C. The 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 Rotary Club shall confer with the City as necessary in regard to any outstanding
matters related to the maintenance and repair of the playground;
E. 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
F. The 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 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
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 playground improvements, and acceptance thereof by City, City shall be
Page 2of4
City of Yakima — Rotary Club of Yakima
Randall Park Development
solely responsible for maintenance and operation of the playground 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
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 playground 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.
Page 3 of 4
City of Yakima — Rotary Club of Yakima
Randall Park Development
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
ROTARY CLUB OF YAKIMA
Dr. John Adkison, 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 or posted
on the City's web site pursuant to RCW 39.34.040.
CITYF YAKIMA
Tony O'Ro , Ci y Manager
ki—C£ t X-15
Date Sigrie
IMA
ohn Adkison, President
Date Signed
City of Yakima — Rotary Club of Yakima
Randall Park Development
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8.
For Meeting of: July 7, 2015
Resolution authorizing an agreement with the Yakima Downtown
Rotary Club to define the responsibilities of the City and the Rotary
Club in the development of a playground at Randall Park
Scott Schafer, Director of Public Works
Ken Wilkinson, Parks and Recreation Manager/ (509) 576-6416
SUMMARY EXPLANATION:
As part of the renovation and improvement of Randall Park, the Yakima Downtown Rotary Club is
willing to contribute financial and other resources for the design and development of a new playground.
The new playground will replace the existing playground equipment.
The purpose of this agreement is to define the responsibilities of the City and the Yakima Downtown
Rotary Club and to provide for effective cooperation in the implementation of the provisions. The
attached memo outlines the responsibilities of both the City and Yakima Downtown Rotary Club.
The City of Yakima will allow the Yakima Downtown Rotary Club to spend up $100,000 for the
development and construction of the new playground equipment. The Agreement is attached for City
Council review.
Resolution: X Ordnance:
Other (Specify):
Contract: X Contract Term:
Start Date: End Date:
Item Budgeted: No Amount: $110,000
Funding Source/Fiscal Impact: Yakima Downtown Rotary Club is donating up to $110,000 for a
replacement playground at Randall Park.
Strategic Priority: Partnership Development
Insurance Required? Yes
Mail to: Jenise Sanders, Parks and Recreation Admin. Secretary
Phone: 509-575-6164
APPROVED FOR
SUBMITTAL:
City Manager
RECOMMENDATION:
Yakima Parks and Recreati on Staff recommend approval of this agreement.
ATTACHMENTS:
Description
Upload Date
0 Memo Yakima Dovuitovui Rotary Randall Playground 6/1 9/2015
Resolution Yakima Dovuitovui Rotary Playground at
Randall Park
Agreement Yakima Dovuitovui Rotaty Randall Park
Playground
u
6/1 912015
6/1 912015
Type
Cover Memo
Resolution
Contract
Memorandum
Date: June 19, 2015
To: Honorable Mayor, Members of City Council, City Manager
From: Scott Schafer, Public Works Director
Ken Wilkinson, Parks and Recreation Manager
Subject: Agreement between City of Yakima and Yakima Downtown Rotary Club
Yakima Downtown Rotary Club has agreed to donate up to $110,000 for the development of a
replacement playground at Randall Park.
The obligations of the parties are as follows:
City — shall assist in planning, oversee the site development of where the playground will be constructed,
ensure the site has accessibility for the handicapped, maintain and repair the playground and take steps, as
necessary to ensure public safety in the use and enjoyment of the playground.
Rotary Club — shall spend up to $110,000 for the development and construction of the new playground
and reserves the right to voluntarily contribute additional sums as it deems necessary and appropriate,
assist the City in planning and site development, select the contractor(s) to perform the design and
construction and select the playground equipment for installation, confer with the City as necessary in
regard to any outstanding matters related to the maintenance and repair, 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 participate in the construction of the playground subject to the direction of the
selected contractor.