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HomeMy WebLinkAboutR-2016-019 Randall Park Basketball Court Development Agreement with Yakima Southwest Rotary ClubA RESOLUTION RESOLUTION NO. R-2016-019 authorizing the City Manager to execute an agreement with the Yakima Southwest Rotary Club for development of a new basketball court in Randall Park. WHEREAS, the City is the owner of the Park located at 1399 South 48th Avenue, Yakima, Washington, and situated generally upon and within Yakima County Assessor's Parcel No 181327-33006; 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 Southwest Rotary Club is dedicated to enhancing the Park for the benefit of the community; and WHEREAS, the Southwest Rotary Club is willing to contribute financial and other resources to the City for the design, development and construction of a new basketball court in the Park; and WHEREAS, the City is authorized pursuant to RCW 35 21 278 to enter into agreements with service organizations for the design, development and construction of park improvements, and is willing to accept the financial and other resources offered by the Southwest Rotary Club for the design, development and construction of a new basketball court in the Park, and WHEREAS, it is in the best interest of the City of Yakima to execute the attached agreement, no therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated agreement between the City of Yakima and Yakima Southwest Rotary Club for development of a new basketball court in Randall Park. ADOPTED BY THE CITY COUNCIL this 2"d day of F-tiruary, 2011 ATTEST. utierrez, Ma Sonya lOaar Tee, City Clerk AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE YAKIMA SOUTHWEST ROTARY CLUB FOR DEVELOPMENT OF A BASKETBALL COURT AT RANDALL 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 Southwest Rotary Club (hereinafter the "Southwest Rotary Club"), for purposes of the development, maintenance and use of a basketball court at Randall Park (hereinafter the "Park"). WHEREAS, the City is the owner of the Park located at 1399 S. 48TH Avenue, Yakima, Washington; WHEREAS, the Park is a valuable recreational resource for the community; WHEREAS, the City is committed to ensuring that improvements to the Park serve the best interests of the community; WHEREAS, the Southwest Rotary Club is dedicated to enhancing the Park for the benefit of the community; WHEREAS, the Southwest Rotary Club is willing to contribute financial and other resources to the City for the design, development and construction of a new basketball court in the Park; and, WHEREAS, the City is willing to accept the financial and other resources offered by the Southwest Rotary Club for the development of the 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 the Southwest Rotary Club in the development of Randall 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 Randall Park: A. The City shall assist in planning for new basketball court in the Park and oversee the site development of the area where it will be constructed; B. The City shall ensure the site has accessibility for the handicapped; C. The City shall maintain and repair the basketball court; and D. The City shall take other steps, as necessary, to ensure public safety in the use and enjoyment of the basketball court. Park: The Southwest Rotary Club shall perform the following obligations in regard to Randall A. The Southwest Rotary Club shall contribute up to thirty five -thousand and 00/100 Page 1 of 5 City of Yakima — Southwest Rotary Club Randall Park Development !t r dollars ($35,000.00) for the development of a new basketball court 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 will not unreasonably be withheld; and B. The Southwest Rotary Club shall provide the labor and materials for the development and construction of a basketball court in the Park and reserves the right to voluntarily contribute additional labor and materials as it deems necessary and appropriate, subject to the City's approval which it will not unreasonably withhold; C. The Southwest Rotary Club shall assist the City in the planning and site development of the basketball court; D The Southwest Rotary Club shall select the contractor(s) to perform the design and construction of the basketball court, E. The Southwest Rotary Club shall assist the City in the selection of amenities for the site, including, but not limited to, benches and tables; and F. The Southwest Rotary Club shall participate in the construction of the basketball court 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 Southwest 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 Southwest 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 Southwest Rotary Club and the City understand and expressly agree that the Southwest Rotary Club is an independent contractor in the performance of each and every part of this Agreement. The Southwest 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 Southwest 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 Southwest 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 Southwest Rotary Club and/or any officer, employee or agent of the Southwest 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 Southwest 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; provided, however, that upon completion of the basketball court and the acceptance thereof by the City, Page2of5 City of Yakima — Southwest Rotary Club Randall Park Development 1 the City shall be solely responsible for its maintenance and operation and shall hold the Southwest Rotary Club harmless from any responsibility or liability arising after the City's acceptance thereof caused by the wrongful and/or negligent acts or omissions of the City or any third party. B. The provisions of this Section shall survive the termination or expiration of this Agreement. 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, 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 Southwest Rotary Club or its employees and subcontractors, nor does the Southwest 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 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 Southwest Rotary Club shall strive to discuss any outstanding issues related to the development of the basketball court and the implementation of this Agreement in order to resolve any disputes through cooperation and negotiation to the greatest extent possible. 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 Page3of5 City of Yakima — Southwest Rotary Club Randall Park Development 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, 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 one -thousand and 00/100 dollars ($1,000.00) 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: TO: CITY OF YAKIMA Jeff Cutter, Interim City Manager City of Yakima 129 North Second Street Yakima, WA 98901 YAKIMA SOUTHWEST ROTARY CLUB Bill Gilmore, President P.O. Box 1624 Yakima, WA 98907-1624 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 20. 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 Jeff ., Interim City Manager z%3I4, Date Signed/ CITY CONTRACT N RESOLUTION NO: YAKIMA SOUTHWEST ROTARY CLUB Bill Gilmore, President G., ar Date Signed Page 4 of 5 City of Yakima — Southwest Rotary Club Randall Park Development 2 S 2_0/6 ATTEST: t *%:�X N0 A• i4 ', i' -Sonya CIa�r Tee, City C r s✓ ' u Ij; '` N 1f) N' }tKMJtli Page5of5 City of Yakima — Southwest Rotary Club Randall Park Development BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 7. For Meeting of: February 2, 2016 ITEM TITLE: Resolution authorizing an agreement with Yakima Southwest Rotary Club for development of a new basketball court in Randall Park SUBMITTED BY: Scott Schafer, Director of Public Works Ken Wilkinson, Parks and Recreation Manager - (509) 576-6416 SUMMARY EXPLANATION: As part of the renovation and improvement of Randall Park, the Yakima Southwest Rotary Club is willing to contribute financial and other resources for the design and development of a new basketball court that will replace the existing court. This project assists the City of Yakima in further enhancing the Park for the benefit of the community. The purpose of this agreement is to define the responsibilities of the City and the Yakima Southwest Rotary Club and to provide for effective cooperation in the implementation of the provisions. The City of Yakima will allow the Yakima Southwest Rotary Club to spend up to $35,000 for the development and construction of the new basketball court. The City will be responsible for maintenance and repair of the court after construction. The Agreement is attached for City Council review. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Partnership Development APPROVED FOR SUBMITTAL: ,- Interim City Manager STAFF RECOMMENDATION: Yakima Parks and Recreation Staff respectfully requests City Council approve this agreement with Southwest Rotary Club. BOARD/COMMITTEE RECOMMENDATION: Yakima Parks and Recreation Commission recommended approval of this agreement. ATTACHMENTS: Description Upload Date D Resollu SVV IRoAary tindall1Park baskallhallOcourt 1/21/2016 D Agroornen SVV IRoAary tindall1Park lhaskalbaoll court 1/21/2016 Type IResollutlion Contract