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HomeMy WebLinkAbout07/06/2010 10 Upper Kiwanis Park Picnic Shelter Agreement with the Yakima Sunrise Rotary Club 4110 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 10 For Meeting of July 6, 2010 ITEM TITLE: A Resolution authorizing an Agreement with the Yakima Sunrise Rotary Club for a Picnic Shelter at Upper Kiwanis Park SUBMITTED BY: Chris Waarvick, Director of Public Works Ken Wilkinson, Parks and Recreation Manager Lawrence Watters, Senior Assistant City Attomey CONTACT PERSON/TELEPHONE: Ken Wilkinson, 575 -6020 SUMMARY EXPLANATION: Staff respectfully requests Council consideration of the attached resolution authorizing execution of an agreement between the City of Yakima and the Yakima Sunrise Rotary Club for development and construction of a picnic shelter at Upper Kiwanis Park. The Yakima Sunrise Rotary Club is offering its generous assistance to the community by offering to evelop and construct a new picnic shelter at Upper Kiwanis Park. The new picnic shelter at Upper Kiwanis Park will be handicapped accessible and provide a park amenity for the general public to use and enjoy. Resolution X Ordinance _ Contract _ Other (Specify) Agreement Contract Mail to (name and address): Funding Source Parks and Recreation Capital Budget APPROVED FOR SUBMITTAL: • 4 City Manager STAFF RECOMMENDATION: Staff respectfully requests City Council to adopt the Resolution authorizing and directing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Yakima Sunrise Rotary Club for development of a picnic shelter at Upper Kiwanis Park. BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Parks and Recreation Commission discussed the redevelopment project for Upper Kiwanis Park and recommends approval to the full City Council. COUNCIL ACTION: II ms! /Agenda Statement for Sunrise Picnic Shefer.rtf RESOLUTION NO. R -2010- A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement with the Yakima Sunrise Rotary Club for development of a picnic shelter at Upper Kiwanis Park. WHEREAS, the City of Yakima operates and maintains an extensive parks system and conducts substantial recreational programs; and WHEREAS, the City of Yakima has an approved Parks and Recreation Comprehensive Plan that includes the Kiwanis Park project redevelopment area with projects consistent with the goals and objectives in the Plan; and WHEREAS, Kiwanis Park is a valuable community asset that has older sections in need of refurbishment and there is a financial commitment in place by local service groups to enhance opportunities for a variety of youth sports activities and recreational amenities for general public use; and WHEREAS, the Yakima Sunrise Rotary Club is willing to provide generous assistance to the community by providing a new picnic shelter which will have accessibility for any person with a disability to Upper Kiwanis Park; and WHEREAS, 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 of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Agreement between the City of Yakima and the Yakima Sunrise Rotary Club for development of a picnic shelter at Upper Kiwanis Park. ADOPTED BY THE CITY COUNCIL this day of July, 2010. • Micah Cawley, Mayor ATTEST: City Clerk • ms/Resolution for Sunrise Rotary Picnic Shelter.rtf • AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE YAKIMA SUNRISE ROTARY CLUB FOR A PICNIC SHELTER IN UPPER KIWANIS PARK THIS AGREEMENT is, entered into between the City of Yakima (hereinafter the "City "), whose address is 129 North 2" Street, Yakima, Washington 98901, and, the Yakima Sunrise Rotary Club (hereinafter the "Yakima Sunrise Rotary Club"), for purposes of the development of a picnic shelter in the.Upper Kiwanis Park (hereinafter the "Park "). WHEREAS, the City is the owner of the Park located at 405 Fair 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 Yakima Sunrise Rotary Club is dedicated to enhancing the Park for the benefit of the community; and WHEREAS,. the Yakima Sunrise Rotary Club is willing to contribute financial and other resources to the City for a picnic shelter at the Park; and WHEREAS, the City is willing to accept the financial and other resources offered by the Yakima Sunrise Rotary Club for a picnic shelter at the Park; NOW, THEREFORE, i n consideration of the and agreements contained O conslderat on o t e covenants a d agreeme is con t ed 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 Yakima Sunrise Rotary Club in the development of a picnic shelter for Upper Kiwanis 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 picnic shelter in the Park B. The City 'shall oversee the site development of the area .where the construction of the picnic shelter is planned; C. The City shall provide excavating and preparation of the picnic shelter site; D. The City shall ensure the site has accessibility for anyone with a disability; E. The City shall maintain and repair the picnic shelter; and F. The City shall take other steps, as necessary, to ensure public safety in the use and enjoyment of the picnic shelter. . The Yakima Sunrise Rotary Club shall perform the following obligations in regard to the Park: Yakima Sunrise Rotary Club Picnic Shelter Agrmt.rtf Page 1. of 4 Upper Kiwanis Park Development A. The Yakima Sunrise Rotary Club shall provide the necessary funds for the development and construction of a picnic shelter in the Park and reserves the right to voluntarily contribute additional sums as it deems necessary and appropriate, subject to the City's approval which it will not unreasonably withhold; B. The Yakima Sunrise Rotary Club shall assist the City in the planning and site development of the picnic shelter; C. The Yakima Sunrise Rotary Club shall select the contractor(s) to perform the design and construction of the picnic shelter, D. The Yakima Sunrise Rotary Club shall assist the City in the selection of amenities for the site, including, but not limited to, benches and tables; and E. The Yakima Sunrise Rotary Club shall participate in the construction of the picnic shelter subject to the direction of the designated 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 Yakima Sunrise 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 Yakima Sunrise 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 Yakima Sunrise Rotary Club and the City understand and expressly agree that the Yakima Sunrise Rotary Club is an independent contractor in the performance of each and every part of this Agreement. The Yakima Sunrise 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 Yakima Sunrise 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 Yakima Sunrise 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 Yakima Sunrise Rotary Club and/or any officer, employee or agent of the Yakima Sunrise 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 Yakima Sunrise 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. B. The provisions of this Section shall survive the termination or expiration of this Agreement. • Yakima Sunrise Rotary Club Picnic Shelter Agrmt.rtf Page 2 of 4 Upper Kiwanis Park Development • 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, and 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 Yakima Sunrise Rotary Club or its employees and subcontractors, nor does the Yakima Sunrise 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 fa 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 Yakima Sunrise Rotary Club shall meet to negotiate 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 to the greatest extent possible. If negotiation is not successful, the Parties may consent to mediation or another form of dispute resolution but only if agreed to in advance in writing. 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 0 the State of Washington, that provision which may conflict shall be deemed inoperative and null Yakima Sunrise Rotary Club Picnic Shelter Agmit.rtf Page 3 of 4 Upper Kiwanis Park Development. 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 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 R. A. Zais, Jr., City Manager City of Yakima 129 North Second Street Yakima, WA 98901 TO: YAKIMA SUNRISE ROTARY CLUB Shane Pierone, President P.O. Box 1590 Yakima, WA 98909 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 20. Venue. Venue for an action arising under this Agreement shall be in Yakima County Superior Court. 21. Filing. Copies of this Agreement shall be filed with the Yakima County Auditor pursuant to RCW 39.34.040 and with the City Clerk of. Yakima. CITY OF YAKIMA YAKIMA SUNRISE ROTARY CLUB R.A. Zais, Jr., City Manager Shane Pierone, President Date Signed Date Signed • ATTEST: Deborah Kloster, City Clerk • Yakima Sunrise Rotary Club Picnic Shelter Agrmt.rtf Page 4 of 4 Upper Kiwanis Park Development