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Home My WebLink AboutR-1992-D6114 Carlon Park / Selah / SoftballRESOLUTION NO.D 6114 A RESOLUTION: Authorizing Execution of an Agreement with the City of Selah for Usage of Carlon Park. WHEREAS, the Parks and Recreation Division of the Department of Public Works manages a program of organized softball; and ( WHEREAS, such a program requires the usage of Carlon Park in Selah; and WHEREAS, the City of Selah has agreed, to facilitate the program by establishing a rental usage of Carlon Park; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with the City of Selah, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the attached and incorporated "1992 Agreement Between the City of Yakima and the City of Selah for usage of Carlon Park. ( ADOPTED BY THE CITY COUNCIL THIS 10- day of Ntl$X , 1992. ATTEST: Mayor City Clerk FOR OFFICIAL USE ONLY: CONTRACT NO: PROVIDER: ADDRESS: PHONE: EXPENDITURE CODE: 1992 AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE CITY OF SELAH FOR USAGE OF CARLON PARK This Agreement is made and entered into the day of , 1992, by and between the City of Yakima, Department of Public Works, Parks and Recreation Division, herein referred to as the "City" and the City of Selah, herein referred to as "Selah." WHEREAS, the City finds it necessary to contract with Selah for the usage of Carlon Park for the 1992 softball season. WITNESSETH: That for and in cons5deration of mutual covenants, promises and agreements herein contained, the parties n: .tually agree as follows: I. USAGE It is the intent of the City to use Carlon Park a minimum of two (2) days per week during the softball season. Se: ,.gin length is April 11, 1992, through and including August 14, 1992. Selah will reserve the softball field complex for the agreed upon dates during the hours of 6:00 p.m. to 11:30 p.m. The days per week will be mutually agreed upon in advanc by Selah and the City's Athletic Coordinator. The total usage of Carlon Park softball fields by the City will be determined by the number of softball teams registered by April 1, 1992. II. COORDINATION A. The City shall be responsible for the following: 1. Developing the pre -season and regular season team schedule. 2. Notifying Selah a minimum of twenty-four (24) hours in advance of schedule changes. This notice does not apply to any changes due to acts of God. Contracts/Carlon Park Page 1 3. Notifying all teams that are scheduled to play at Carlon if fields are unplayable. 4. Provide Selah with a schedule of games one week in advance of games. B. Selah shall be responsible for the following: 1. Hiring, scheduling and coordination of maintenance workers. 2. Reschedule maintenance workers as necessary. 3. Determine playable field conditions and notify the City's Athletic Division a minimum of twenty-four (24) hours prior to scheduled games. This notice does not apply to any changes due to acts of God. 4. Provide concessions and clean restrooms at the Carlon ballfield complex. III. MAINTENANCE A. The City shall: Turf tear the three (3) fields at Carlon park once per month beginning April through August. Exact schedule will be coordinated through the Selah Parks Director and the City of Yakima's Athletic Division. B. Selah shall: 1. Be responsible for preparing and maintaining ballfields in safe and proper playing condition for the City's softball program as situations allow. This includes the basic level of maintenance work necessary so that a ballfield facility is safe and available for its intended use as seasonal weather conditions permit. This includes mowing, irrigation, debris removal, general cleaning, structure upkeep, and other required work, so that the field is relatively level and consistent across its infield surface, holes are filled, fence lines are repaired, and field and foul lines are marked. Contracts/Carlon Park Page 2 2. A ballfield maintenance standard of minimum field preparation shall consist of: a. All loose rocks removed from the playing field. b. All trash, especially glass in and around the playing field, picked up and disposed of properly. c. The infield dirt around 2nd and 3rd bases inspected and loosened if needed. d. Home plate inspected and leveled if needed. e. The batters box inspected, leveled and dirt loosened if needed. f. All bases inspected and leveled if needed. g. All base anchors inspected and reset if needed. h. The pitching rubber inspected and leveled if needed. i. All holes or depressions within the playing field filled and leveled. j. The infield watered down before dragging. k. The dragging of the infield. 1. The lining of the field: Batters box, on deck circle, foul lines and the 1st and 3rd coaches' boxes. m. The proper cleaning and storage of equipment. 3. Provide lights and bases on the three (3) softball fields. This includes setting the timers and checking periodically to make sure they turn on and off and the bases are at proper distance and properly secured. 4. Provide all equipment and materials to properly maintain the ballfields. 5. Monitor, clean and stock restrooms as necessary. Contracts/Carlon Park Page 3 6. Provide a ballfield maintenance worker to conduct two (2) hours of ballfield preparation per night to prepare three (3) fields for play. 7. It is further understood that additional work :hours over and above the total scheduled (per night) will not be altered unless to insure a safe playing condition or an emergency dictates. Additional field maintenance will be billed as provided in Section IV. IV. 1992 FEE SCHEDULE A. The City shall: 1. Pay Selah for usage of Carlon Park as specified: Ballfield Maintenance Worker $11.00 per hour Light Usage $12.00 per hour (this includes setting and resetting of timers if necessary) Field Rental (per field) $ 5.00 per hour The total amount of this agreement shall not exceed $10,000.00. 2. Pay Selah within thirty (30) days of receiving an itemized invoice/billing. B. Selah shall provide the City's Athletic Division an itemized invoice/bill no later ahn September 30, 1992. IV. NON-DISCRIMINATION During the performance of this Agreement Selah shall not discriminate on the basis of race, color, sex, religion, national origin, creed, or the presence of any sensory, mental or physical handicap. V. LIABILITY INSURANCE It is understood that the City does not maintain liability insurance on Selah and/or its employees. It is understood that Selah does not maintain liability insurance on the City and/or its employees. Contracts/Carlon Park Page 4 VI. HOLD HARMLESS Selah shall defend, indemnify, and hold harmless the City, its agents, officers and employees from any and all liability (including worker's compensation payments to injured employees) resulting from Selah's responsibilities designated by this Agreement. The City shall indemnify and hold harmless Selah, its agents, officers and employees from any and all liability resulting from the City's responsibilities designated by this Agreement. VII. ASSIGNMENT This Agreement or any interest therein, cannot be assigned in whole or in part by Selah to any party unless mutually agreed upon by both the City and Selah. VIII. CITY'S RIGHT OF TERMINATION If Selah fails to comply with the terms and conditions of this Agreement in such a manner that the Parks and Recreation Manager in his sole discretion deems that the continuation of this Agreement is no longer in the best interest of the City, the City may terminate this Agreement b\ written notice, giving Selah five (5) days notice of termination. IX. SELAH'S RIGHT OF TERMINATION If the City fails to comply with the terms and conditions of this Agreement in such a manner that the Mayor of Selah in his sole discretion deems that the continuation of this Agreement is no longer in the best interest of Selah, Selah may terminate this Agreement by written notice, giving the City five (5) days notice of termination. X. PROPERLY SERVED All notices required by this Agreement shall be deemed properly served when deposited in the United States Mail three (3) days prior to any deadline listed herein, postage prepaid and addressed to the appropriate party at the addresses listed below. Contracts/Carlon Park Page 5 CITY OF SELAH: CITY OF YAKIMA: XI. AGREEMENT TERMS City Hall, Selah, Washington 98942 2301 Fruitvale Boulevard, Yakima, Washington 98903 This Agreement constitutes the entire Agreement between the parties. There is no other oral or written Agreements between the parties as to the subjects covered herein. XII. AGREEMENT VALIDITY If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of this Agreement shall remain in force. Any modification of this Agreement must be in writing nad signed by the below signators. CITY OF SELAH: John Sweesy, Mayor Date Address Work Phone Number Attest: City State Zip Home Phone Number Date Selah City Clerk Contracts/Carlon Park Page 6 CITY OF YAKIMA: City Manager Date Attest: City Clerk Contracts/Carlon Park Page 7 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 For the Meeting of May 12, 1992 ITEM TITLE: Agreement Between the City of Yakima and The City of Selah for Usage of Carlon Softball Complex SUBMITTED BY: Jerry Copeland, Director of Public Works C?)11. CONTACT PERSON/TELEPHONE: David Flaherty, Parks and Recreation Manager 575-6020 SUMMARY EXPLANATION: Attached is the 1992 Agreement Between the City of Yakima and the City of Selah for Usage of Carlon Park softball complex. One Hundred Twenty Nine (129) softball teams are registered with Parks & Recreation. It is necessary to utilize the Selah complex twice a week to accommodate all registered teams. X Resolution Ordinance Contract Minutes Plan/Map _ Notification List X Other (Specify) Agreement APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: City Council approve the attached agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution No. D-6114