HomeMy WebLinkAboutR-2023-040 Resolution authorizing an agreement with the Lions Club of Yakima for the Design, Installation and Use of a Picnic Shelter at Lions ParkRESOLUTION NO. R-2023-040
A RESOLUTION authorizing an agreement with the Yakima Lions Club for the
purchase and installation of a picnic shelter at Lions Park.
WHEREAS, the City is the owner of Lions Park located at 509 West Pine Street,
Yakima, Washington; and
WHEREAS, Lions Park is a valuable recreational resource for the community; and
WHEREAS, the City is committed to ensuring that improvements to Lions Park 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 Yakima Lions
Club for the purchase and installation of a picnic shelter at Lions Park; and
WHEREAS, the Yakima. Lions Club is dedicated to enhancing Lions Park for the benefit
of the community; and
WHEREAS, the Yakima Lions Club is willing to contribute financial resources to the City
for the purchase and installation of a picnic shelter at Lions Park, and
WHEREAS, the City is willing to accept the financial resources offered by the
Yakima Lions Club for the purchase and installation of a picnic shelter,
WHEREAS, a picnic shelter would allow for further enjoyment and use of Lions Park;
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 Yakima Lions Club for the
purchase and installation of a picnic shelter for Lions Park,
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
Yakima Lions Club, attached hereto and incorporated herein by this reference, for the purchase
and installation of a picnic shelter, as described in the Agreement.
ADOPTED BY THE CITY COUNCIL this 21s1 day of March, 2023.
anice Deccio, Mayor
EST:
Sonya Claar 1 ee, City Clerk
AGREEMENT BETWEEN THE CITY OF YAKIMA AND
THE YAKIMA LIONS CLUB
FOR PURCHASE AND INSTALLATION OF A PICNIC SHELTER AT LIONS 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 Lions
Club for purposes of purchasing a picnic shelter for Lions Park.
WHEREAS, the City is the owner of Lions Park located at 509 West Pine Street, Yakima,
Washington; and
WHEREAS, Lions Park is a valuable recreational resource for the community; and
WHEREAS, the City is committed to ensuring that improvements to Lions Park serve the best
interests of the community; and
WHEREAS, the Yakima Lions Club is dedicated to enhancing Lions Park for the benefit of the
community, and
WHEREAS, Yakima Lions Club is willing to contribute financial resources to the City for the
purchase and installation of a picnic shelter; and
WHEREAS, the City is willing to accept the financial resources offered by the Yakima Lions
Club for the purchase and installation of a picnic shelter; and
WHEREAS, a picnic shelter would allow for further enjoyment and use of Lions 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
Yakima Lions Club in the purchase and installation of a picnic shelter 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 picnic shelter project:
A. The City shall oversee the planning for a picnic shelter at Lions Park;
B. The City shall oversee the site development of the area where the picnic shelter will be
installed;
C. The City shall select the contractor(s) to perform the design and installation of the picnic
shelter and shall select the picnic shelter for installation therein;
D. The City shall ensure the site has accessibility for the handicapped;
E. The City shall maintain and repair the picnic shelter, as necessary, once its installation has
been completed and accepted by the City;
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F. The City shall take other steps, as necessary, to ensure public safety in the use and
enjoyment of the picnic shelter;
G. City will secure additional funding from the Parks Capital fund or other grants as necessary,
for the purchase and installation of the picnic shelter; and
H. City will ensure the new picnic shelter complies with the State Environmental Policy Act
(SEPA) before installation.
Yakima Lions Club shall perform the o o in. obligations in regard to the picnic shelter
project:
A. Yakima Lions Club shall spend up to $25,000 for the purchase of the picnic shelter, and
reserve the right to voluntarily contribute additional sums or resources as they deem necessary
and appropriate;
B. Yakima Lions Club shall have an opportunity to review and comment on the design and
choice of the picnic shelter prior to installation; and
C. Yakima Lions Club shall be allowed to install a sign that is consistent with the Yakima
Municipal Code near the improvements, recognizing Yakima Lions Club as the donors of the
project, and the sign shall be placed in a location that is agreed upon by both parties.
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. Yakima Lions 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
Yakima Lions 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. Yakima Lions Club and the City understand and expressly
agree that Yakima Lions Club are collectively acting as an independent contractor in the
performance of each and every part of this Agreement. Yakima Lions Club, as an independent
contractor, assume the entire responsibility for carrying out and accomplishing the work/services
required for their performance under this Agreement. Yakima Lions 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 their performance under this Agreement. Additionally,
and as an independent contractor, Yakima Lions 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 Yakima Lions Club and/or
any officer, employee or agent of Yakima Lions 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 Yakima Lions Club may rely upon or enforce any provision of this
Agreement.
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7. Indemnification and Hold Harmless.
A. Yakima Lions Club 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 Yakima Lions Club, or any Lions 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 Yakima Lions
Club and the City, Yakima Lions Club' liability, including the duty and cost to defend, shall be
only to the extent of Lions Clubs' negligence.
C. It is specifically and expressly understood that Yakima Lions Club 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. Yakima Lions Club' 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. Yakima Lions Club shall require that their subcontractors, and
anyone directly or indirectly employed or hired by Yakima Lions Club, and anyone for whose
acts Yakima Lions Club 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 Yakima Lions Club,
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,
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 picnic
shelter or following the completion of its installation and City's acceptance thereof. Yakima
Lions Club' right to indemnification includes attorney's fees and costs associated with
establishing their right to indemnification hereunder in favor of Yakima Lions Club.
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.
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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 Yakima
Lions Club or their employees and subcontractors, nor does Yakima Lions 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 Yakima Lions Club shall meet to discuss any
outstanding issues related to the development of the picnic shelter 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
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.
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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 Yakima Lions Club
Jan Larin, President
P.O. Box 421
Yakima, Washington 98907
19. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
YAKIMA LIONS CLUB
Robert Harrison, City Manager Larin, President
Date Signed
ST:
Sonya Claar\Tep, City Clerk
,A*
* 4
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4
City Contract No. .2:3 -01
City Resolution No. K- )03wo
Date Signed
Page 5 of 5
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.H.
For Meeting of: March 21, 2023
ITEM TITLE: Resolution authorizing an agreement with the Lions Club of Yakima
for the Design, Installation and Use of a Picnic Shelter at Lions
Park
SUBMITTED BY: Scott Schafer, Public Works Director
* Ken Wilkinson, Parks & Recreation Manager 509 576 6416
Brooke Hargreaves, Senior Assistant City Attorney
SUMMARY EXPLANATION:
The Yakima Lions Club has once again chosen to partner with the Yakima Parks and Recreation
Division to improve Lions Park. The Lions Club has committed $25,000 to assist with the cost of
constructing a new 20' x 20' steel picnic shelter in the park. The current picnic shelter is small and
was the old restroom for the park that was converted to a picnic shelter. The agreement has been
attached for City Council review.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
Lions Club picnic shelter-resolution 3/2/2023 Resolution
❑ Lions aub Picnic Shelter at Lions Park agreement 2/3/2023 Contract
Contract of Sale
21853 E Admiral PI
STEELSHADE OK
74015 Office: (918)283-5296
PERGOLRS Fax: (918)343-3940
www.steelshadepergolas.com
This contract is for the purchase of a Steel Shade Pergola designed and manufactured by Eversyn LLC DBA Steel Shade
Pergolas
1. Parties:
a.Seller: Steel Shade Pergolas
21853 E Admiral PI
Catoosa OK 74015
Purchaser
Kenneth Wilkinson City of Yakima WA
SHIPPING ADRESS PLEASE WRITE IN
City of Yakima WA
2. Structures
a. 14' x 20'Custom Steel Cantilever Structures w/Radius Joist
b. 8' post with powder coated aluminum shade bars
c. Declined Integrated LED lighting package with transformer and remote dimmer
d. Declined back screening
e. Color Statuary Bronze Tiger powder color 38/60080_
f. Declined 1 Fan/fixture mount
g. Engineered stamped drawings to be provided for the purpose of permitting only not to be duplicated.
Total ORDER cost including delivery.
h. $ $34,030.00
3. Installation requirements:This is a professional product which requires a footing specific to the location it will
be installed in. Components of the pergola kit, due to weight, will require proper equipment for unloading,
transferring and installation. It is advised that an architect or engineer and licensed contractor oversee the
installation, as improper handling and installation could lead to injury or death. Seller is not responsible for
improper handling or installation. We do not install.
4. Payment: Terms are half(%)down of ORDER cost(above)of$ 17,015.00 at acceptance of offer
with balance of ORDER of$ 17,015.00 due at time of production. 3%fee on all credit/debit card
tra nsactions.
5. Delivery: Seller will ship by in-house carrier to address stated above, unless otherwise specified below.
Purchaser will have someone onsite to receive the product, inspect and give written approval of acceptance.
Shipping carrier not responsible for unloading product,that is the responsibility of the purchaser.
6. Disputes: Under this contract shall be resolved under Oklahoma Law in the District Court of Rogers County,
State of Oklahoma. The prevailing party in any dispute shall be allowed a reasonable attorney's fee.
Contract of Sale
21853 E Admiral PI
S T E E LS HADE 2 Office: (918)283-5296
PERGOLRS Fax: (918)343-3940
www.steelshadepergolas.com
7. Taxes: Steel Shade Pergolas is not responsible for local sales tax.
8. No changes to this Contract of Sale shall be recognized unless both purchaser and seller have signed a written
agreement to such a change.
9. Acceptance: (I)hereby acknowledge receipt of the above Contract of Sale and agree to all terms and conditions
stated within. Acceptance of the product shall constitute an acceptance by the purchaser of all risks
associated with installation of the product.
10. Site plans are not included if engineered stamped drawing and Calc package are needed.
11. Due to the increasing cost of raw materials and fuel this contract is void in 30 days if payment not received.
12. Based on ASCE 7-16 engineering requirements, if your city has more stringent requirements it is up to the
buyer to give us this info upon signing. 95 mph wind load and 0 psf snow
13. No roofing materials other than wood or aluminum are provided on all structures.
14. Structure will be delivered with another structure going to west coast.
Other:
Jody Collins eel
Seller:Steel Shade Per olas Date 11/9/2023
13
Purchaser: Date
CITY CONTRACT NO:
RESOLUTION NO: �vl3-D yo