HomeMy WebLinkAboutR-2024-037 Resolution authorizing an agreement with the Yakima National Little League Association for Little League activities at Elks Park Athletic Complex RESOLUTION NO. R-2024-037
A RESOLUTION authorizing an agreement with Yakima National Little League Association
for Little League activities at Elks Park Athletic Complex.
WHEREAS, the City of Yakima (City) owns the Elks Park Athletic Complex located at
911 Hathaway; and
WHEREAS, the Yakima National Little League Association ("Association") uses Elks
Park for its League activities; and
WHEREAS, the City and the Association desire to execute a contract regarding
scheduling and coordination of maintenance for Elks Park and regarding management and
operation of the concession stand at Elks Park; and
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima to execute the attached agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute an Agreement with Yakima National
Little League, attached hereto and incorporated herein by this reference, for Little League
activities at Elks Park Athletic Complex.
ADOPTED BY THE CITY COUNCIL this 5th day of March, 2024.
AIL E,
Patricia Byers, ayor
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AGREEMENT BETWEEN CITY OF YAKIMA AND
YAKIMA NATIONAL LITTLE LEAGUE ASSOCIATION
(Elks Park Athletic Complex)
THIS AGREEMENT (hereinafter "Agreement") is made and entered into by and between the
City of Yakima, a Washington municipal corporation (hereinafter )�
"CitY'' and the Yakima
National Little League Association (hereinafter"Association").
WHEREAS, the Association uses the Elks Park Athletic Complex (hereinafter "Elks Park"), a
public park owned by the City, for its Little League activities; and
WHEREAS, City and Association desire to execute a contract regarding scheduling and
coordination of maintenance for Elks Park and regarding management and operation of a
concession stand at Elks Park.
NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises, terms and
conditions set forth herein, it is agreed by and between the City and the Association as follows:
1. City's Responsibilities.
A. Pre-Season Maintenance. City shall work with Association in determining the dates
for pre-season maintenance. All pre-season maintenance activities, including City's activation
of the irrigation system and opening of restrooms, are dependent on the weather. The
determination of whether the weather permits provision of the maintenance service is at the sole
discretion of City. If the City determines pre-season maintenance is appropriate, dates will
coincide with City's spring maintenance schedule.
B. Provision of Dumpster. City shall furnish one trash deposit dumpster for the
season. Placement of the dumpster will be by mutual agreement of the parties and the costs of
placement will be borne by City.
C. Activation of Irrigation System. City will attempt to turn on the irrigation water at
Elks Park for Association's first pre-season work party, depending on weather conditions and at
the discretion of the City.
D. Opening of Restrooms for Pre-Season. City will attempt to have the restroom
facilities available for use by the time of the Association's first pre-season work party, depending
on weather conditions and at the discretion of the City.
E. Keys to Facilities. City will provide Association with keys to the gate, restroom
facilities and concession facility. The Association is responsible for the replacement of any lost
or damaged keys. If the facilities need new locks due to the loss of keys by the Association or
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any of its agents or volunteers, the costs of the new locks and keys shall be the responsibility of
the Association.
F. Maintenance of Irrigation System. City shall maintain the irrigation system at Elks
Park, including repair and replacement of broken irrigation heads. However, if damages are
directly attributable to the intentional or negligent conduct of the Association, its players, agents,
or volunteers, the Association shall pay for repair and replacement.
G. Special Maintenance or Irrigation Needs. City will work with Association on special
maintenance or irrigation needs. Such maintenance may include providing mason sand, topsoil
or other materials to prepare the fields for use, but is limited to no more than an annual
aggregate total of twenty-five (25)yards of material per season.
H. Mowing. City will mow Elks Park on a regular basis as part of its scheduled mowing
of City parks and recreation facilities.
2. Association's Responsibilities.
A. Notification of Pre-Season Work Parties. Association shall notify City at least one
(1)week in advance of the dates for Association's pre-season work parties.
B. Spot Maintenance of Sod. Association will spot-sod or de-sod the Elks Park fields
as needed.
C. Pre-Season Maintenance of Restroom. Association shall be responsible for
cleaning and closing of restrooms during March or before restrooms are open for the regular
season by City. Association shall be responsible for damage to restrooms which occurs during
the time the restrooms are opened early at the request of Association, except for damage to the
exterior of the restrooms resulting from vandalism.
D. Preparation of Baseball Fields. Association will prepare the baseball fields for play
for all Association games and practices. Association shall make necessary repairs to the
baseball fields and control litter within a thirty (30) foot radius of the concession stand at Elks
Park. Association will empty garbage receptacles into the outside garbage container.
E. Bases. Association will store the bases each night. Association shall be responsible
for and shall replace all lost or stolen bases.
F. Improvements to Facilities. Association will work with City regarding future
construction, rehabilitation or other building remodeling at Elks Park. Association shall provide
City with all construction proposals, including budget and building plans, to the Parks and
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Recreation Division Manager for review and approval. Association shall work with City to
standardize all future building materials. All construction projects proposed by Association are
expressly conditioned upon the prior written approval of the Parks and Recreation Division
Manager.
G. Use of Facility Application. Association will complete and submit a "Use of Facility"
application indicating the scheduling needs of Association no later than March 1 of each year.
Association shall submit a detailed schedule of baseball field use prior to the start of each
season such that when Association is not using the field, the community can have use of at
least one field.
H. Designation of Contact Person. Association will designate an Association Board
Member who will represent Association and work with the Parks and Recreation Manager or
designee on all conditions of this Agreement.
3. Consideration.
In consideration for the responsibilities and obligations undertaken by Association pursuant to
this Agreement, City waives all field use fees otherwise required of Association for the use of
Elks Park for Little League programs. Such waiver is expressly conditioned upon Association
complying with all terms and conditions of this Agreement.
When additional mowing and/or other special maintenance services beyond the normal
maintenance schedule are requested by Association, Association shallcompensate City on a
per hour basis in accordance with the current fee schedule for the Yakima Parks and Recreation
Division as adopted by the Yakima City Council and as may be amended during the term of this
Agreement. Invoices shall be paid by Association within thirty (30) days of the date of the
invoice.
The Association also has historically completed service projects and conducted various
improvement projects at Elks Park, such as graffiti clean up along the fences and other similar
activities. It is anticipated that the Association will continue to do similar service projects or
coordinate similar service projects at Elks Park during the term of this Agreement, at times and
dates determined solely by the Association.
4. Concession Stand.
A. Exclusive Right to Operate. City grants Association the exclusive right to operate
the concession stand at Elks Park and to sell to visitors thereon food products, non-alcoholic
beverages, and other merchandise, provided that Association complies with all of the terms and
conditions of this Agreement. This Agreement shall constitute the written permit required in
Yakima Municipal Code section 13.16.145(B).
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B. Assignment and Subcontracting. The right to operate the concession stand shall not
be assigned, transferred and/or subcontracted in whole or in part by Association to any other
person or entity without the prior written consent of the Parks and Recreation Division Manager,
which such consent is determined at their sole discretion. In the event that such prior written
consent is granted, then the assignee, transferee and/or subcontractor shall assume all duties,
obligations, and liabilities of Association as stated herein. Further, Association shall in no way
be relieved of its duties, obligations and liabilities under this Agreement by such assignment,
transfer and/or subcontract. Any such assignee, transferee and/or subcontractor shall comply
with the hold harmless/indemnification requirements of Section 13 and the insurance
requirements of Section 14 of this Agreement.
C. Books and Records. Association shall maintain accurate books and records of all
concession stand income and expenses. Association shall provide a written annual accounting
report for the concession stand to the Parks and Recreation Division Manager by December 31
of each year of this Agreement. If Association does not produce such a report, the exclusive
right to operate the concession stand granted by this Agreement may terminate at midnight on
December 31.
The records relating to this Agreement shall be promptly furnished to the City upon
request. Until the expiration of six (6)years after the termination date of this Agreement, or for a
longer period of time if required by law or the Washington State Secretary of State's record
retention schedule, Association shall retain and provide the City access to all of the
Association's books, documents, papers and records which are related to this Agreement. If
any litigation, claim, or audit is started before the expiration of the six-year period or retention
schedule time period, the records shall be retained until all litigation, claims, or audit findings
involving the records have been resolved.
All records relating to the Association and this Agreement must be made available to the
City and produced to third parties, if required pursuant to the Washington State Public Records
Act, Chapter 42.56 RCW, or by law. All records relating to this Agreement must be retained by
Association for the minimum period of time required pursuant to the Washington State Secretary
of State's records retention schedule.
The terms and conditions of this section shall survive any expiration or termination of this
Agreement.
D. Association Fund for Capital Improvements. Pursuant to previous Agreement, and
since January 1, 2007, Association has reserved at least ten percent (10%) of the net profits
realized from the operation of the concession stand each year for capital improvements to Elks
Park. In continuation of such account, Association shall reserve at least ten percent (10%) of
the net profits realized from operation of the concession stand per year for capital improvements
to Elks Park. Such funds shall be held and maintained in an account established by
Association. The money in the reserve fund may accumulate over a period of years for long-
term capital improvements. Use of any and all funds from the reserve is and shall be subject to
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the prior written approval of the Parks and Recreation Division Manager. Upon termination of
this Agreement, any money remaining in the reserve fund shall become the property of the City.
E. Maintenance of Concession Stand. Association shall maintain the concession
stand and all equipment necessary for the proper operation of the concession stand in a clean,
sanitary and properly functioning condition at all times and shall conduct operation of the
concession stand strictly in accordance with all applicable local, state and/or federal laws and
regulations, including but not limited to, building code, fire code and public health requirements.
Association shall be responsible for all necessary repair, maintenance, janitorial and utility costs
associated with the operation of the concession stand, and for obtaining any necessary permits
to carry out such responsibilities.
F. Inspection. City reserves the right to inspect the concession stand premises at any
and all reasonable times throughout the term of this Agreement; provided, however, that it shall
not interfere unduly with Association's operation of the concession stand. The right of
inspection reserved to City hereunder shall impose no obligation upon City to make such
inspections or to ascertain the condition of the premises and shall impose no liability upon City
for failure to make such inspections.
G. Removal of Association Property upon Termination. Upon termination of this
Agreement, Association shall remove its property and effects from the concession stand
premises and peacefully vacate, surrender and deliver up possession of the concession stand
premises. The concession stand premises shall be surrendered to City in good order and
condition, reasonable wear and tear excepted. If Association fails to remove its property and
effects on the effective date of termination of this Agreement, City shall have the right to either
remove and store all of said property and effects at the expense of Association or declare the
property abandoned and remove and dispose of the property. If the City chooses to remove
and store said property, Association must pay the expense of moving and storage within thirty
(30) days of termination. If payment is not made, the property shall be considered abandoned
to the City and the City may utilize the property, surplus and dispose of the property, or simply
dispose of the property, at the City's discretion.
5. Term of Agreement — Renewal. This Agreement shall be for an initial term of
approximately five years commencing March 5, 2024 and terminating Midnight of December 31,
2028, unless earlier terminated by either party in accordance with Section 30 of this Agreement.
Notwithstanding the above, this Agreement shall be renewed automatically for additional term of
five years commencing January 1, 2029 and terminating Midnight of December 31, 2033 unless
either party delivers written notice of intent to not renew, or to negotiate new terms, not later
than September 30, 2028.
6. Ownership of Improvements. Association understands and agrees that any
improvements it makes to Elks Park, including the addition of benches, fields or any other
improvement, become the permanent property of City once the improvement is made.
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7. Status of Association. Association and City understand and expressly agree that
Association is an independent contractor in the performance of each and every part of this
Agreement. Association and its employees shall make no claim of City employment nor shall
claim against City any related employment benefits, social security and/or retirement.
8. Taxes and Assessments. Association shall be solely responsible for compensating its
employees and for paying all related taxes, deductions and assessments, including but not
limited to, federal income tax, FICA, social security, assessments for unemployment and
industrial injury, and other deductions from income which may be required by law or assessed
against either party as a result of this Agreement. In the event City is assessed a tax or
assessment as a result of this Agreement, Association shall pay the same before it becomes
due.
9. Nondiscrimination Provision. During the performance of this Agreement, Association
shall not discriminate on the basis of race, color, sex, religion, national origin, creed, marital
status, political affiliation, or the presence of any sensory, mental or physical handicap. This
provision shall include but not be limited to the following: programming, employment, upgrading,
demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, and the provision of services under this Agreement.
10. The Americans With Disabilities Act. Association agrees to comply with the Americans
With Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA), and its implementing
regulations insofar as such are applicable to the programs and services offered by Association.
The ADA provides comprehensive civil rights to individuals with disabilities in the area of
employment, public accommodations, state and local government services and
telecommunications. City and Association shall cooperate to maintain and assure compliance
with ADA standards applicable to capital improvements to Elks Park.
11. Compliance with Law. Association agrees to perform all services under and pursuant to
this Agreement in full compliance with any and all applicable laws, rules and regulations
adopted or promulgated by any governmental agency or regulatory body, whether federal, state,
local or otherwise.
12. No Insurance Provided by City. It is understood the City does not maintain liability
insurance for Association and/or its members, officers, agents, employees and/or volunteers or
participants in its programming.
13. Indemnification and Hold Harmless.
A. Association agrees to release, defend, indemnify and hold harmless the City, its
elected and appointed officials, officers, employees, agents, representatives, insurers,
attorneys, and volunteers from any and all liabilities, losses, damages, and expenses related to
all claims, suits, arbitration actions, investigations, and regulatory or other governmental
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proceedings arising from or in connection with this Agreement or the acts, failures to act, errors
or omissions of the Association, or any of Association's agents, subcontractors, volunteers, or
participants in performance of this Agreement.
B. Nothing contained in this Section or this Agreement shall be construed to create a
liability or a right of indemnification in any third party.
C. The provisions of Section 13 regarding Indemnification and Hold Harmless and
applicable insurance coverage under Section 14 of this Agreement shall survive the termination
of this Agreement.
14. Liability Insurance
At all times during the term of this Agreement, Association shall secure and maintain in
effect insurance to protect the City and Association from and against all claims, damages,
losses, and expenses arising out of or resulting from the performance of this Agreement.
Association shall provide and maintain in force insurance in limits no less than that stated
below, as applicable. The City reserves the right to require higher limits should it deem it
necessary in the best interest of the public.
Association shall provide a Certificate of Insurance to the City as evidence of coverage
for each of the policies as outlined herein. A copy of the additional insured endorsement
attached to the policy shall be included with the certificate. This Certificate of Insurance shall be
provided to the City, prior to the commencement of this Agreement. Failure to provide the City
with proof of insurance and/or to maintain such insurance and provide updated documents as
necessary, shall be a material breach of this Agreement and a basis for termination.
Failure of the City to demand such verification of coverage with these insurance
requirements or failure of City to identify a deficiency from the insurance documentation
provided shall not be construed as a waiver of Association's obligation to maintain such
insurance.
Association's insurance coverage shall be primary insurance with respect to those who
are Additional Insureds under this Agreement. Any insurance, self-insurance, or insurance pool
coverage maintained by the City shall be in excess of the Association's insurance and neither
the City nor its insurance providers shall contribute to any settlements, defense costs, or other
payments made by Association's insurance. All additional insured endorsements required by
this Section shall include an explicit waiver of subrogation.
If at any time during the life of this Agreement, or any extension, Association fails to
maintain the required insurance in full force and effect, all services or requirements under this
Agreement shall be discontinued immediately. Any failure to maintain the required insurance
may be sufficient cause for the City to terminate the Agreement.
The following insurance is required:
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a. Commercial General Liability Insurance. Before this Agreement is fully executed by
the parties, Association shall provide the City with a certificate of insurance and additional
insured endorsements as proof of commercial liability insurance with a minimum liability limit of
Two Million Dollars ($2,000,000.00) per occurrence, combined single bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) general aggregate. If Association carries
higher coverage limits, such limits shall be shown on the Certificate of Insurance and
Endorsements and the City, its elected and appointed officials, employees, agents, attorneys
and volunteers shall be named as additional insureds for such higher limits. The certificate shall
clearly state who the provider is, the coverage amount, the policy number, and when the policy
and provisions provided are in effect. Said policy shall be in effect for the duration of this
Agreement. The certificate of insurance and additional insured endorsements shall name the
City of Yakima, its elected and appointed officials, officers, agents, employees, attorneys and
volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or
change the insurance without first giving the City prior written notice. The insurance shall be
with an insurance company or companies rated A-VI' or higher in Best's Guide and admitted in
the State of Washington. The requirements contained herein, as well as the City of Yakima's
review or acceptance of insurance maintained by the Association is not intended to and shall
not in any manner limit or qualify the liabilities or obligations assumed by the Association under
this Agreement.
b. Automobile Liability Insurance. Before this Agreement is fully executed by the parties,
Association shall provide the City with a certificate of insurance as proof of automobile liability
insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If
Association carries higher coverage limits, such limits shall be shown on the Certificate of
Insurance and Endorsements and the City, its elected and appointed officials, employees,
agents, attorneys and volunteers shall be named as additional insureds for such higher limits.
The certificate shall clearly state who the provider is, the coverage amount, the policy number,
and when the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Agreement. The certificate of insurance and additional insured endorsements
shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys
and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel
or change the insurance without first giving the City prior written notice. The insurance shall be
with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in
the State of Washington. The requirements contained herein, as well as City of Yakima's review
or acceptance of insurance maintained by Association is not intended to and shall not in any
manner limit or qualify the liabilities or obligations assumed by Association under this
Agreement. The business auto liability shall include Hired and Non-Owned coverage if
necessary.
c. Employer's Liability (Stop Gap). Association and all subcontractor(s) shall at all times
comply with all applicable workers' compensation, occupational disease, and occupational
health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain
Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be
held responsible in any way for claims filed by Association or its employees for services
performed under the terms of this Agreement. Association agrees to assume full liability for all
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claims arising from this Agreement including claims resulting from negligent acts of all
subcontractor(s). Association is responsible to ensure subcontractor(s) have insurance as
needed. Failure of subcontractors(s) to comply with insurance requirements does not limit
Association's liability or responsibility.
15. Assignment and Subletting.
A. General. This Agreement, or any interest herein or claim hereunder, shall not be
assigned, transferred or subleased in whole or in part by Association to any other person or
entity without the prior written consent of City, at its sole discretion.
B. Association-Sponsored Tournaments. Tournaments sponsored or co-sponsored by
Association shall not be considered an assignment under this Agreement. The provisions of
this Agreement shall apply in full force and effect for any baseball tournament in Elks Park
sponsored or co-sponsored by Association, and Association shall be responsible to assure any
co-sponsor's compliance with applicable terms of this Agreement, including but not limited to,
the insurance requirements and requiring such co-sponsor to execute and deliver to the Parks
and Recreation Division Manager an executed Indemnification and Hold Harmless form
substantially in the form stated in Section 13 of this Agreement, indemnifying and holding
harmless the City, its elected officials, officers, employees, agents, and volunteers.
C. Tournaments Sponsored by Third Party. Association shall not permit any third party
to conduct any tournament in Elks Park facilities. Instead, such requests received by
Association shall be referred to City, and City shall be solely responsible to permit, deny, or
condition any approval for such use in accordance with its procedures and regulations.
16. Severability. If any portion of this Agreement is changed per mutual agreement or any
portion is held invalid, the remainder of the Agreement shall remain in full force and effect.
17. Integration. This written document constitutes the entire agreement between City and
Association and supersedes any and all previous written and/or oral agreements between the
parties. There are no other oral or written agreements between the parties as to the matters
covered herein. No changes or additions to this Agreement shall be valid or binding upon either
party unless such change or addition be in writing and executed by both parties.
18. Non-Waiver. The waiver by Association or City of the breach of any provision of this
Agreement by the other party shall not operate or be construed as a waiver of any subsequent
breach by either party or prevent either party thereafter enforcing any such provision.
19. Performance Excused Under Certain Circumstances. Either party's failure to perform
any of its obligations under this Agreement shall be excused if due to causes beyond the control
and without the fault or negligence of the party, including but not limited to acts of God, acts of
the public enemy, acts of any government, fires, floods, epidemics, strikes and/or weather
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conditions, or field conditions resulting from the early activation of the irrigation systems or early
opening of the restrooms at Elks Park.
20. Termination. Either party may terminate this Agreement, with or without cause, by giving
the other party ninety (90) calendar days' prior written notice of termination. In the event of such
termination, Association shall pay City for any additional mowing and/or other special
termination services requested by Association or determined necessary by the City rendered by
City up to the termination date.
21. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and
sent or hand delivered to the parties to their addresses as follows:
TO CITY: Parks and Recreation Division Manager
City of Yakima Public Works
2301 Fruitvale Boulevard
Yakima, Washington 98902
TO ASSOCIATION: President
Yakima National Little League Association
P.O. Box 9664
Yakima, Washington 98907
or such other addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such
notices shall be deemed effective three days after the date of mailing or on the date the notice is
hand delivered at the addresses specified above.
22. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
23. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
24. Effective Date. This Agreement shall be effective upon execution by both parties, with the
term commencing March 5, 2024.
CITY OF YAKIMA YAKIMA NATIONAL LITTLE LEAGUE
ASSOCIATION
By: By:
Dave j� `
Interim City Man er Robert Gourneau, President
CITY CONTRACT NO::h1160035
RESOLUTION NO: ^-r�,,���
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Ro linda Ibarra, City Clerk ‘.....,-`
City Contract No. 14 s (Y5
Resolution No. R,-,( -031
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.1.
For Meeting of: March 5, 2024
ITEM TITLE: Resolution authorizing an agreement with the Yakima National Little
League Association for Little League activities at Elks Park Athletic
Complex
SUBMITTED BY: Scott Schafer, Director of Public Works
* Ken Wilkinson, Parks and Recreation Manager
SUMMARY EXPLANATION:
Attached is a Five-Year Agreement with the Yakima National Little League Association for its use
of Elks Park for Little League activities. The Agreement specifies terms and conditions for
ballfield and facility maintenance scheduling, use and operation of the concession stand, and
outlines a variety of responsibilities and obligations for both the City and the Yakima National Little
League Association for use of Elks Park Athletic Complex.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
❑ Resolution National Little League Assoc.Agreement 2/19/2024 Resolution
D Agreement 2/13/2024 Contract