HomeMy WebLinkAboutR-2022-146 Resolution authorizing an agreement with the Rotary Clubs of Yakima for the design, installation, and use of lighting at public recreation facilitiesRESOLUTION NO. R-2022-146
A RESOLUTION authorizing an agreement with the Rotary Clubs of Yakima for the
design, installation, and use of lighting at public recreation facilities.
WHEREAS, the City is the owner of Kiwanis Park/Gateway Sports Complex, Chesterley
Park, and Randall Park in Yakima, Washington; and
WHEREAS, the Parks are a valuable recreational resource for the community; and
WHEREAS, the City is committed to ensuring that improvements to the Parks serve the
best interests of the community; and
WHEREAS, the City is authorized to enter into agreements with community service
organizations for installing equipment and for improvements to public parks pursuant to RCW
35.21.278 and other statutes, and desires to enter into this agreement with the Rotary Clubs for
the design, installation, and use of lighting at public recreation facilities as a service to the
community; and
WHEREAS, the Rotary Clubs is dedicated to enhancing the Parks for the benefit of the
community; and
WHEREAS, the Rotary Clubs is willing to contribute financial and other resources to the
City for the design, development, and installation of lighting at the Kiwanis Park skate park and
basketball courts, Chesterley Park skate park, and the Randall Park basketball courts; and
WHEREAS, the City is willing to accept the financial and other resources offered by the
Rotary Clubs for the design, development and lighting at the Parks; and
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima to execute the attached and incorporated agreement with the Rotary Clubs of Yakima for
the design, development, and installation of lighting at the Parks; and
NOW, THEREFORE, in consideration of the covenants and agreements contained
herein and performed by the parties hereto, it is hereby agreed as follows
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the agreement with the
Rotary Clubs of Yakima, attached hereto and incorporated herein by this reference, for the
design, development, and installation of lighting at the Parks, as described in the Agreement.
ADOPTED BY THE CITY COUNCIL this 1st day of November, 2022.
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ATTEST: r P { «� : h / f Janice Deccio, Mayor
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Sonya Claar Tee, City Clerk
AGREEMENT BETWEEN THE CITY OF YAKIMA AND
THE ROTARY CLUBS OF YAKIMA FOR DESIGN, INSTALLATION, AND USE OF
LIGHTING AT PUBLIC RECREATION FACILITIES
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, the Rotary Club of Yakima Southwest, and the Yakima Sunrise Rotary Club
(hereinafter collectively the "Rotary Clubs"), for purposes of the design, installation, and use of
lighting at the Kiwanis Park/Gateway Sports Complex skate park and basketball courts, the
Chesterley skate park and the Randall Park basketball courts (hereinafter the "recreation
facilities").
WHEREAS, the City is the owner of Chesterley Park located at 40th and River Road, Yakima,
Washington, and Kiwanis Park located at 1501 E. Maple Street, Yakima, Washington, and
Randall Park located at 1399 S. 48th Avenue; and
WHEREAS, the recreation facilities are a valuable recreational resource for the community; and
WHEREAS, the City is committed to ensuring that improvements to the recreation facilities
serve the best interests of the community; and
WHEREAS, the Rotary Clubs are dedicated to enhancing the recreation facilities for the benefit
of the community, and
WHEREAS, there is lighting currently at some of the recreation facilities that will remain in
place, however it provides insufficient illumination for the recreation facilities to allow park users
during evening hours; and
WHEREAS, additional lighting at the recreation facilities would enhance security and extend the
hours of available use and enjoyment; and
WHEREAS, the Rotary Clubs are willing to contribute financial and other resources to the City
for the installation and design of additional lighting for the recreation facilities; and
WHEREAS, the City is willing to accept the financial and other resources offered by the Rotary
Clubs for the installation and design for lighting at the recreation facilities;
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 Clubs in the installation and design of additional lighting at the recreation facilities
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 lighting projects:
A. The City shall assist in planning for additional lighting at the recreation facilities;
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B. The City shall oversee the site development of the area where the additional lighting will be
installed;
C. The City shall ensure the site has accessibility for the handicapped;
D. The City shall maintain and repair the additional lighting, as necessary, once its installation
has been completed and accepted by the City;
E. The City shall take other steps, as necessary, to ensure public safety in the use and
enjoyment of the recreation facilities;
F. City will secure an additional $50,000 from REET funds, the Parks Capital fund, or other
grants for development of additional lighting for the sites; and
G. City will ensure the new lighting complies with the State Environmental Policy Act (SEPA)
before installation.
The Rotary Clubs shall perform the following obligations in regard to the lighting projects:
A. The Rotary Clubs shall spend up to $130,000 for the installation and design of the additional
lighting for the recreation facilities, and reserve the right to voluntarily contribute additional sums
as they deem necessary and appropriate;
B. The Rotary Clubs shall assist the City in the planning and site development of additional
lighting at the recreation facilities;
C. The Rotary Clubs shall assist the City in selecting the contractor(s) to perform the design and
installation of the additional lighting and shall select the lighting for installation therein, the City
shall have an opportunity to review and comment on the design and choice of lighting prior to
installation;
D. The Rotary Clubs shall confer with the City as necessary in regard to any outstanding
matters related to the maintenance and repair of the recreation facility lighting;
E. The Rotary Clubs shall be allowed to install a sign that is consistent with the Yakima
Municipal Code near the improvements recognizing Rotary or the Rotary Clubs as the donors of
the project, and the sign shall be placed in a location that is agreed upon by both parties; and
F. The Rotary Clubs shall participate in the oversight of the construction of the lighting 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 Clubs 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 Clubs 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 Clubs and the City understand and expressly
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agree that the Rotary Clubs are collectively acting as an independent contractor in the
performance of each and every part of this Agreement. The Rotary Clubs, as an independent
contractor, assume the entire responsibility for carrying out and accomplishing the work/services
required for their performance under this Agreement. The Rotary Clubs, as an independent
contractor, shall have the sole judgment of the means, mode or manner of the actual
performance of work/services required for their performance under this Agreement. Additionally,
and as an independent contractor, the Rotary Clubs 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 Clubs and/or any
officer, employee or agent of the Rotary Clubs 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 Clubs may rely upon or enforce any provision of this
Agreement.
7. Indemnification and Hold Harmless.
A. The Rotary Clubs agree to release, indemnify, defend and hold harmless the City, its
elected and appointed officials, officers, employees, agents, representatives, insurers,
attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all
claims, suits, arbitration actions, investigations, and regulatory or other governmental
proceedings arising from or in connection with this Agreement or the acts, failures to act, errors
or omissions of the Rotary Clubs, or any Rotary Club's agent or subcontractor, in the
performance of this Agreement, except for claims caused by the City's sole negligence. The
City's right to indemnification includes attorney's fees and costs associated with establishing the
right to indemnification hereunder in favor of the City.
B. Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the Rotary
Clubs and the City, the Rotary Clubs' liability, including the duty and cost to defend, shall be
only to the extent of Rotary Clubs' negligence.
C. It is specifically and expressly understood that the Rotary Clubs waive any immunity
that may be granted to them under Washington State industrial insurance act, Title 51 RCW,
solely for the purposes of this indemnification. The Rotary Clubs' indemnification shall not be
limited in any way by any limitation on the amount of damages, compensation or benefits
payable to or by any third party under worker's compensation acts, disability benefit acts or any
other benefit acts or programs. The Rotary Clubs shall require that their subcontractors, and
anyone directly or indirectly employed or hired by the Rotary Clubs, and anyone for whose acts
the Rotary Clubs may be liable in connection with their performance of this Agreement, comply
with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume
all potential liability for actions brought by their respective employees. The Parties acknowledge
that they have mutually negotiated this waiver.
D. The City agrees to release, indemnify, defend and hold harmless the Rotary Clubs,
their officers, directors, insurers, volunteers, employees, agents, representatives and
subcontractors from any and all claims, demands, actions, suits, causes of action, arbitration,
mediations, proceedings, costs, and/or litigation expenses to or by any and all persons or
entities, including without limitation, their respective agents, licensees, or representatives,
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arising from, resulting from or connected with this Agreement to the extent solely caused by the
negligent acts, errors or omissions of the City, whether during the installation of the additional
lighting or following the completion of its installation and City's acceptance thereof. The Rotary
Clubs' right to indemnification includes attorney's fees and costs associated with establishing
their right to indemnification hereunder in favor of the Rotary Clubs.
E. Survival. The provisions of this section shall survive the expiration or termination of
this Agreement with respect to any event occurring prior to such expiration or termination.
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 Clubs or their employees and subcontractors, nor do the Rotary Clubs 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 Clubs shall meet to discuss any
outstanding issues related to the development of the recreation facility lighting 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. 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
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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 CITY OF YAKIMA
Robert Harrison, City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
TO ROTARY CLUBS OF YAKIMA
Carolyn Flory, Executive Director
1704 W Nob Hill Blvd
Yakima, WA 98902
19. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
CITY OF YAKIM
Robert Harrison, City Manager
NOV, a., DDD- -
Date Signed
RO • ' C - = OF YAKIMA
ick airbr k, President
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Date Signed
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A ST:
Sonya Claar Te: , City Clerk
City Contract No.a) LC
City Resolution No. R- 2U -2- I'-/(,p
ROTARY CLUB OF YAKIMA
SOUTHWEST
Dirk Bernd, President
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Dated Signed
ROTARY CLUB OF YAKIMA SUNRISE
,
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wight, President
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Date Signed
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1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.F.
For Meeting of: November 1, 2022
ITEM TITLE: Resolution authorizing an agreement with the Rotary Clubs of Yakima
for the design, installation, and use of lighting at public recreation
facilities
SUBMITTED BY: Ken Wilkinson, Parks & Recreation Manager 509 576 6416
Brooke Hargreaves, Assistant Senior City Attorney 509 575 6278
SUMMARY EXPLANATION:
The Rotary Clubs of Yakima wish to donate funds to the Yakima Parks and Recreation Division regard
improvements to the parks. The Rotary Clubs are willing to contribute financial and other resources
the design and installation of lighting at Kiwanis Park skate park and basketball courts, Chesterley P
skate park, and Randall Park basketball courts. There is lighting currently at some of these recreat
facilities that will remain, but additional lighting will enhance security and extend the hours of available L
and enjoyment of the parks.
The Rotary Clubs shall spend up to $130,000 and reserve the right to voluntarily contribute additio
sums as they deem necessary and appropriate. The Rotary Clubs shall assist the City in the plann
and site development of the lighting, and assist in selecting the contractor to perform the design
installation. They City will attempt to secure additional funding as needed for the lighting.
The Agreement is attached for City Council review. The donation was discussed at the October 12, 2(
Yakima Park and Recreation Commission meeting and the Park and Recreation Commissioners unanimous
supported the investment in the park system to increase the hours of recreational use at each of the facilities
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
2
Resolution -Agreement with Yakima Rotary Clubs for
D 1 0/ 10/2022 Resolution
lighting at park facilities
D Agreement for recreation facility lighting 10/24/2022 Co\er Memo