HomeMy WebLinkAbout02/02/2016 05F Franklin Park Usage Agreement with Central Washington Mountain Rescue 10 I
114 11)4 I 1,0/
lye
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. S.F.
For Meeting of: February 2, 2016
ITEM TITLE: Resolution authorizing an agreement with Central Washington
Mountain Rescue (CWMR) to use Franklin Park for its annual two
day rope training program
SUBMITTED BY: Scott Schafer, Director of Public Works
Ken Wilkinson, Parks and Recreation Manager - (509) 576 -6416
SUMMARY EXPLANATION:
The CWMR offers opportunities for participants in the Basic Mountaineering Class to gain basic fundamental
knowledge of many aspects of rock climbing, mountain climbing, and mountain safety. This includes learning
the attributes of the use of ropes, climbing tools and equipment required to carry out these skills safely.
CWMR is in need of a centralized location in which to hold such training classes.
The City shall grant a revocable license to utilize certain trees located in the northeast corner of Franklin Park
for the purpose of conducting an annual two day instructional course of basic rope skills training from 6:00
p.m. until dusk each day. The term of this agreement is for five (5) years. Obligations of CWMR shall be to
conduct all training with the highest attention to safety of both class participants and of the general public
utilizing the park during the time classes are conducted. Obligations of the City shall be to review and
approve CWMR safety plans and to cooperate in scheduling any requested meetings and to schedule any
construction and maintenance activities as not to impair the Parks use for CWMR and their scheduled
classes. Enclosed for City Council review is the agreement with CWMR.
Resolution: X Ordinance: X
Other (Specify):
Contract: X Contract Term:
Start Date: End Date:
Item Budgeted: NA Amount:
Funding Source/Fiscal Impact: N/A
Strategic Priority: Partnership Development
Insurance Required? Yes
Mail to:
Phone:
//".-")
APPROVED FOR
SUBMITTAL:
City Manager
RECOMMENDATION:
Yakima Parks and Recreation Staff respectfully recommends City Council approve the agreement with
Central Washington Mountain Rescue.
ATTACHMENTS:
Description Upload Date Type
Ei Resollution With CWMR 1/25/2016 Resolluton
CAN M IR Agreement /19/2016 Contract
RESOLUTION NO. R -2016-
A RESOLUTION authorizing the City Manager to execute an agreement with Central
Washington Mountain Rescue (CWMR), a non - profit corporation, to
use the northeast portion of Franklin Park for its annual two day
rope training program.
WHEREAS, the City is the owner of Franklin Park located at 2101 Tieton Dr.,
Yakima, Washington, and situated generally upon and within Yakima County Assessor's
Parcel No. 181323 - 43438; and
WHEREAS, CWMR provides mountaineering skills and techniques training to local
citizens through a program offered in cooperation with the Yakima Valley Community
College; and
WHEREAS, the CWMR mountaineering course provides instruction in correct use
of technical climbing equipment and clothing, rock and glacier climbing skills,
environmental awareness and health and safety training, all directed toward promoting
opportunities for physical fitness, outdoor enjoyment and technical skill development in a
safe environment; and
WHEREAS, CWMR requires a centrally located safe controlled location for training
basic rappelling and technical equipment techniques to individuals taking the
mountaineering course; and
WHEREAS, the trees located in the northeastern corner of Franklin Park provide
the opportunity for the mountaineering students to practice the basic rope climbing,
belaying and rappelling skills in a safe and controlled environment that is under the
constant direction of trained CWMR staff to insure the safety of both the trainees and the
general public; and
WHEREAS, CWMR would benefit from a revocable license to use the trees in the
northeast portion of Franklin Park for its annual two day rope training program conducted
in early to mid -May of each year the mountaineering program is taught; 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 is hereby authorized and directed to execute and administer the
attached and incorporated agreement between the City of Yakima and Central
Washington Mountain Rescue for use of Franklin Park for its annual two day rope training
program.
ADOPTED BY THE CITY COUNCIL this 2nd day of February , 2016.
ATTEST: Avina Gutierrez, Mayor
Sonya Claar Tee, City Clerk
LICENSE AGREEMENT BETWEEN
THE CITY OF YAKIMA AND
CENTRAL WASHINGTON MOUNTAIN RESCUE
THIS LICENSE AGREEMENT (hereinafter "Agreement ") is made and entered into by
and between the City of Yakima, a Washington municipal corporation (hereafter the "City "), and
the Central Washington Mountain Rescue, a non - profit corporation (hereafter "CWMR ").
WHEREAS, CWMR provides mountaineering skills and techniques training to local
citizens through a program offered in cooperation with the Yakima Valley Community College;
and
WHEREAS, the CWMR mountaineering course provides instruction in correct use of
technical climbing equipment and clothing, rock and glacier climbing skills, environmental
awareness and health and safety training, all directed toward promoting opportunities for
physical fitness, outdoor enjoyment and technical skill development in a safe environment; and
WHEREAS, CWMR requires a centrally located safe controlled location for training basic
rappelling and technical equipment techniques to individuals taking the mountaineering course;
and
WHEREAS, the trees located in the northeastern corner of Franklin Park provide the
opportunity for the mountaineering students to practice basic rope climbing, belaying and
rappelling skills in a safe and controlled environment that is under the constant direction of
trained CWMR staff to insure the safety of both the trainees and the general public; and
WHEREAS, CWMR would benefit from a revocable license to use the trees in the
northeast portion of Franklin Park for its annual two day rope training program conducted in
early to mid -May of each year the mountaineering program is taught; and
NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and
conditions set forth herein, it is agreed by and between the City and CWMR as follows:
Section 1. License to Use Property and Conduct Mountaineering Rope Training
— Exclusive Licensed Location — Limitation.
A. License and Location. In consideration of the opportunities for
participants in the Basic Mountaineering Class, offered by the Central Washington
Mountain Rescue organization, to gain basic fundamental knowledge of many aspects of
rock climbing, mountain climbing and mountain safety, together with learning the
attributes of the use of ropes, climbing tools and equipment required to carry out these
skills safely, the City grants CWMR a revocable license to utilize certain trees located in
the northeastern corner of Franklin Park for the purpose of once annually conducting a
two (2) day instructional course of basic rope skills training from 6:00 p.m. until dusk
each day.
The revocable license described above is exclusive to CWMR for the use and
maintenance of the licensed property for two days in May of each year from 6:00 p.m.
until dusk during the term of this Agreement. This exclusive revocable license is
necessary and appropriate to facilitate CWMR's use of the trees located in the northeast
corner of the Franklin Park property for basic mountaineering rope training, and to
1
protect and preserve the City's trees and park property and assure the safety of the
CWMR trainees, instructors and the general public utilizing the park.
B. Limitation of License. Notwithstanding the revocable license
issued herein, such license is subject to the right of the City to fully use and occupy the
Licensed Property, in whole or in part, for its public purposes, including but not limited to
its rights, powers and authority to use and occupy such property for special public events
and general public use. All activities of CWMR authorized and licensed pursuant to this
Agreement shall be permissible so long as they are in compliance with applicable safety
regulations, property use standards, laws and the required Park Use Permit governing
the private use of the City's Franklin Park property. In the event any conflict arises
between the activities and uses authorized by this Revocable License Agreement and
the duties imposed by regulations, standards, laws and permits governing the City's
public park facilities, the latter shall control.
Section 2. Term. The term of this Agreement shall be five (5) years commencing
upon full execution by the parties, and shall terminate at midnight December 31, 2020,
unless sooner terminated by either party in accordance with Section 17 of this
Agreement.
Section 3. Event Planning and Approval -Park Permit. Each CWMR training
class conducted pursuant to this Revocable License shall be subject to an "Application
for Park Permit" that shall be completed and filed with the Yakima Parks Department no
less than thirty (30) days preceding the first of the two days of use identified in the
Agreement. The permit issued by the Parks Department shall allow CWMR's use of the
subject Franklin Park property for both of the days in May of each year covered by this
Revocable License Agreement.
Section 4. Park Use Permit Fees. Any use fees deemed reasonable and
necessary to the use of the Park property subject to this Agreement shall be determined
at the time of Permit Approval by the City Park Department. The City reserves the right
to grant a Park Use Permit without requiring payment of a fee if it is the determination of
the City Park Department that CWMR's use of the property does not result in a cost to
the City, based upon the public value of the educational opportunity provided by CWMR
to the trainees.
Section 5. Use of City Property for Training Purposes.
i. Obligations of CWMR. CWMR shall conduct all training with the highest
attention to the safety of both the class participants and the general public making use of
the Park property during the time classes are conducted. CWMR shall maintain a clear
safety perimeter around the trees utilized for the climbing exercises to assure the safety
of those on the ground below the climbers, shall keep the instruction area clear of non -
participatory members of the public and shall follow all safety measures that are prudent
and customary to basic use of climbing apparatus. CWMR shall submit a written safety
plan to the City of Yakima Parks and Recreation Manager for his written approval before
the initial use of the property in accord with this Agreement and shall consistently
operate and manage the training lessons in accord with said safety plan upon receipt of
the Park Manager's approval. CWMR shall assure the use of the Park trees and
property is carried out responsibly and that no damage to the trees or Park surfaces
occurs as a result of the use. CWMR shall leave the Licensed use area in the same or
2
better condition following the class instruction each day as it was in before the class
activities began, removing all litter, equipment and associated training materials when
the training is completed. No permanent structures or installations shall be permitted on
or into the Park trees or upon the Park property.
II. Obligations of City. City shall perform the following:
A, Planninci, and 7esin of Facility. City shall review and approve
CWMR's safety plans prior to CWMR's first use of the property subject to this
License Agreement.
B. Scheduling. City will cooperate with CWMR regarding:
1. Scheduling of any requested meetings with CWMR;
2. Scheduling of construction and maintenance activities on
the License property so as not to impairment CWMR's use of the property
during the times scheduled for use except in cases of unavoidable
conflict; and
3. Scheduling of CWMR's annual use of the property.
C. Ownership of Licensed Property. . City shall at all times during
the performance of this Agreement and at all times thereafter be deemed the
owner of the Licensed Property. Such ownership shall attach to all utility
infrastructure such as irrigation system, water lines, sewer lines and power lines
installed within the Licensed Property as well as all vegetation and trees growing
on the property.
Section 6. Independent Contractor Status of CWMR. CWMR and the City
understand and expressly agree that CWMR is an independent entity in the performance
and conduct of each and every part of this Agreement. CWMR, as an independent
entity, assumes the entire responsibility for carrying out and accomplishing the
obligations, terms and conditions required under this Agreement. Additionally, as an
independent entity CWMR and its directors, officials, agents, members, employees and
volunteers shall make no claim of city employment nor any claim against the City for any
related employment benefits, social security, and /or retirement benefits. Nothing
contained herein shall be interpreted as creating a relationship of servant, employee,
partnership or agency between CWMR or any director, official, officer, agent, member,
employee or volunteer of CWMR and the City.
Section 7. Establishment and Maintenance of Records. CWMR shall maintain
accounts and records, including personnel, property, financial, and program records, and
such other records as the City may deem necessary, including a system of internal
controls and accounting systems which conform to generally accepted accounting
principles and auditing standards. All such records and documents shall be retained by
CWMR and be available for inspection, audit and copying by the city during the term of
3
this Agreement and for a period of three (3) years following the termination of this
Agreement.
Section 9. Nondiscrimination Provision. During the performance of this
Agreement, CWMR shall not discriminate in violation of any federal, state, and /or local
law and /or regulation on the basis of race, age, 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: employment,
upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of
pay or other forms of compensation, selection for training, and the provisions of services
under this Agreement.
Section 9. The Americans with Disabilities Act. agrees to comply with the
Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq. (ADA), and its
implementing regulations, and Washington State's anti - discrimination law as contained
in RCW Chapter 49.60 and its Implementing regulations. The ADA provides
comprehensive civil rights to individuals with Disabilities in the area of employment,
public accommodations, state and local government Services, and telecommunications.
Section 10. Compliance with Law. CWMR 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.
Section 11. No Insurance provided by the City. It is understood the City does not
maintain liability insurance for CWMR and /or its members, directors, officials, officers,
agents, member, employees and volunteers.
Section 12. Indemnification and Hold Harmless. CWMR agrees to protect, defend,
indemnify, and hold harmless the City, its officers, elected officials, agents, and
employees from any and all claims, demands, losses, liens, liabilities, penalties, fines
lawsuits, and other proceedings and all judgments, awards, costs and expenses
(including attorneys' fees and disbursements) caused by or occurring by reason of any
negligent act and /or omission of the CWMR, its directors, officials, officers members,
employees, agents and /or volunteers arising out of or in connection with the
performance or nonperformance of the service, duties, and obligations required under
this Agreement.
Section 13. Liability Insurance. CWMR shall provide whatever insurances may be
required by the applicable Park Permit issued for the use described herein. Additionally,
CWMR shall provide the City with a certificate of insurance as proof of liability insurance
with a minimum liability limit of Two Million Dollars ($2,000,000.00) combined single limit
bodily injury and property damage. The certificate shall clearly state who the provider is,
the amount of coverage, the policy number, and when the policy and provisions provided
are in effect (any statement in the certificate to the effect of "this certificate is issued as a
matter of information only and confers no right upon the certificate holder" shall be
deleted). Said policy shall be in effect for the duration of this Agreement. The policy
shall name the City, its elected officials, officers, agents, and employees as additional
insured, and shall contain a clause that the insured will not cancel or change the
insurance without first giving the City thirty (30) calendar days prior written notice. The
4
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.
Section 14. Assignment. This Agreement, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part by CWMR to any
other person or entity without the prior written consent of the City. In the event that such
prior written consent to an assignment is granted, then the assignee shall assume all
duties, obligations, and liabilities of CWMR stated herein.
Section 15. 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.
Section 16. Non- Waiver. The waiver by CWMR or the 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.
Section 17. Termination - Effect. Either party may terminate this Agreement, with or
without cause, by giving the other party thirty (30) calendar days' prior written notice of
termination.
Section 18. Survival. Any provision of this Agreement which imposes an obligation
after termination or expiration of this Agreement shall survive the term or expiration of
this Agreement and shall be binding on the parties to this Agreement.
Section 19. Notices. Unless stated otherwise herein, all notices and demands shall
be in writing and sent or hand delivered to the parties at their addresses as follows:
TO CITY Parks and Recreation Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
TO CWMW Central Washington Mountain Rescue
c/o Bill Hatch, President
210 White Road
Yakima, WA 98901
Or to 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 when mailed or hand delivered at the
addresses specified above.
Section 20. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
5
Section 21. Venue. The venue for any action to enforce or interpret this Agreement
shall lie in a court of competent jurisdiction in Yakima County, Washington.
Section 22. Integration. This written document constitutes the entire agreement
between the City and CWMR 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 changes or addition
be in writing and executed by both parties.
Section 23. Effective Date. This Agreement shall be effective as and from the
date signed by the last party to sign below,
CITY OF YAKIMA CENTRAL WASHINGTON MOUNTAIN RESCUE
By By: 00
Jeff Cutter, Interim City Manager Bpj 'a irPresident, CWMR
Date: Date: IS M
B: /Thdi
Brian Winter, Sheriff Yakima County
Date: I, I __ 15
ATTEST:
City Clerk
6