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HomeMy WebLinkAboutR-2011-041 Fresh Hop Ale Festival License Agreement with Allied Arts RESOLUTION NO. R- 2011 -41 A RESOLUTION authorizing the City Manager to execute a nonexclusive License Agreement between the City of Yakima and Allied Arts of Yakima Valley, a non - profit corporation for the "Fresh Hop Ale Festival." WHEREAS, Allied Arts of Yakima Valley is committed to strengthening the downtown economy and celebrating the uniqueness of Yakima; and WHEREAS, Allied Arts has successfully hosted the "Fresh Hop Ale Festival" in downtown Yakima since 2003; and WHEREAS, the "Fresh Hop Ale Festival" is a major one -day attraction that has attracted thousands of participants and added thousands of dollars to the local economy in each of the last eight years, and WHEREAS, the closures of South Third Street and the SW quadrant of the Millennium Plaza parking lot have been successfully utilized in prior years to aid with the set up, staging and clean up of the event; and WHEREAS, it is appropriate to allow for the placement of street banners in the annual arrangements for the event; and WHEREAS, The City Council is willing to grant a nonexclusive License Agreement at said locations in accordance with the terms and conditions of the Agreement for the "Fresh Hop Ale Festival" in downtown Yakima, 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 nonexclusive license agreement with Allied Arts of Yakima Valley to host the "Fresh Hop Ale Festival" in downtown Yakima. ADOPTED BY THE CITY COUNCIL this 15th of March, 2011. ATTEST: Micah Cawley, yor City C erk LICENSE AGREEMENT BETWEEN THE CITY OF YAKIMA AND ALLIED ARTS OF YAKIMA VALLEY 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 Allied Arts of Yakima Valley a non - profit corporation (hereafter "Allied Arts ") 1. Nonexclusive License to Conduct Fresh Hop Ale Festival. In consideration of the economic, recreational and cultural benefits that are provided to the Yakima community by the operation of events in the downtown business corridor, the City grants Allied Arts a nonexclusive license to operate a festival in and around the Millennium Plaza parking lot, Yakima, Washington; for which the City has granted appropriate written legal approval to close said streets and areas to vehicular traffic as required to allow the operation of the Fresh Hop Ale Festival: a. 3rd St from Yakima Ave. to Chestnut Ave. will be closed from 2:OOam the first Saturday of October through 5:OOam the first Sunday of October. b. The area of the Millennium Plaza parking lot east of existing enclosed dumpster area will be closed from 5:00am on the first Saturday of October through 5:OOam on the first Sunday of October c. The SW quadrant of the Millennium Plaza parking lot will be closed to cars from 12:05am the first Friday of October through Noon on the first Sunday of October. d. Two parking spaces located directly adjacent to the Sports Center dumpster enclosure located in the Millennium Plaza parking lot shall be utilized for temporary dumpster placement from 9:OOam Friday morning until 11:OOam Monday morning. e. Concrete blocks used to secure the tent in the SW quadrant of the Millennium Plaza parking lot shall be moved to the edges of the parking lot by 6:OOam on the Sunday concluding the event to minimize obstruction of parking spaces. f. We also request to have banners hung across Yakima Avenue at 1St Street and at Naches Avenues for two full weeks prior to the event. g. Term. The term of this Agreement shall commence upon full execution by the parties and shall terminate at midnight, December 31, 2013, unless sooner terminated by either party in accordance with Section 14 of this Agreement. h. Restrictions. This License Agreement shall be further conditioned by the following conditions precedent to holding a festival event. o Traffic Control Plan approved by the Yakima Police Department that depicts detour routes, signage for 3rd St; and indicates an established route for emergency vehicle response to all areas of the venue; and o Security Plan approved by the City of Yakima, including security police officers or equivalent; and • Clean-Up Plan that addresses the timing of clean -up and the facilities and resources provided to accomplish clean -up during and at the conclusion the each event. The above listed street must be cleaned and opened to normal traffic by 6:OOam on the Sunday concluding the event. ° A copy of the Special Event License from the Liquor Control Board shall be provided to the City and all necessary permits, including fire & noise permits, shall be obtained by Allied Arts. ° An affidavit signed by an authorized event organizer or duly appointed representative certifying that all adjoining business operators were notified in advance of the event. 2. Independent Contractor Status of Allied Arts. Allied Arts and the City understand and expressly agree that Allied Arts is an independent contractor in the performance of each and every part of this Agreement. Allied Arts of Yakima Valley, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. Additionally, as an independent contractor Allied Arts 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 Allied Arts or any director, official, officer, agent, member, employee or volunteer of Allied Arts and the City. 3. Establishment and Maintenance of Records. Allied Arts 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 Allied Arts and be available for inspection, audit and copying by the city during the term of this Agreement and for a period of three (3) years following the termination of this Agreement. 4. Taxes and Assessments. The Allied Arts shall be solely responsible for compensating its directors, officials, officers, agents, members and employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party a result of this Agreement. In the event the city is assessed a tax or assessment as a result of this Agreement, the Allied Arts shall pay the same before it become due. 5. Nondiscrimination Provision. During the performance of this Agreement, the Allied Arts 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. 6. The Americans with Disabilities Act. The Allied Arts 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. 7. Compliance with Law. The Allied Arts agrees to perform all requirements and services under and pursuant to this Agreement in full compliance with any and all applicable laws, ordinances, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local or otherwise. 8. No Insurance provided by the City. It is understood the City does not maintain liability insurance for the Allied Arts and /or its members, directors, officials, officers, agents, member, employees and volunteers. 9. Indemnification and Hold Harmless. The Allied Arts 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 Allied Arts, 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. 10. Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Allied Arts shall provide the City with a certificate of insurance as proof of liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) 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, it's elected officials, officers, agents, and employees as additional insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation of any kind upon the company" shall be crossed out and initialed by the insurance agent). 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. 11. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the Allied Arts 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 the Allied Arts stated herein. 12. 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. 13. Non - Waiver. The waiver by the Allied Arts 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. 14. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party thirty (30) calendar days prior written notice of termination. 15. 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. 16. 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 Director Community & Economic Development City of Yakima 129 North Second Street Yakima, WA 98901 TO AAYV Executive Director Allied Arts of Yakima Valley 5000 W. Lincoln Ave. Yakima, WA 98908 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. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 18. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court for Yakima County, Washington. 19. Integration. This written document constitutes the entire agreement between the City and the Allied Arts 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. CITY OF YAKIMA YAKIMA VALLEY ALLIED ARTS R.A Zai , ., City Manager Its: / , Cre . Date: / i .7/ 1 / Date: � �I ATTEST: - KI Mq �� `"%, \ S • sEAL • City Clerk , �� �� !y * G 4 SH 14C City Contract No. o20 // -3.5 Resolution No. /e'aD // -V/ BUSINESS OF THE CITY COUNCIL 1110 YAKIMA, WASHINGTON AGENDA STATEMENT 3 Item No. For Meeting of March 15, 2011 ITEM TITLE: Consideration of a Resolution authorizing execution of a nonexclusive License Agreement between the City of Yakima and Allied Arts of Yakima Valley, a non - profit corporation for the "Fresh Hop Ale Festival." SUBMITTED BY: Joan Davenport, Acting Director of Community and Economic Development CONTACT PERSON/TELEPHONE: Joan Davenport (576 -6417) SUMMARY EXPLANATION: Allied Arts of Yakima Valley has successfully hosted the "Fresh Hop Ale Festival" (FHAF) in downtown Yakima near the Millennium Plaza since 2003. In 2010 attendance reached 3,000, including locals and tourists from as far away as Maine and Arizona. The popular event also highlights the unique and economically important Yakima Valley hop growing and production industries. Approval of the attached proposed License Agreement would grant a nonexclusive license to Allied Arts to continue to hold the annual festival in downtown Yakima through 2013. • Allied Arts is proud of their role in helping to establish the Millennium Plaza and are enthusiastic about the use of the Plaza for all types of events. They strongly believe that downtown events benefit the entire community. Acase in point is the $309,000 that the FHAF has raised over the last eight years. The funds are reinvested in arts education programs for at -risk youth and other community services. Allied Arts is currently not supported by any local or state government funding. Resolution X Ordinance _ Other (Specify) FHAF License Agreement Mail to (name and address): Director, Allied Arts of Yakima Valley 5000 W Lincoln Ave Yakima WA 98908 Phone: 966 -0930 Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD /COMMISSION RECOMMENDATION: At their meeting on March 2, 2011, the Council Economic Development Committee recommended that the License Agreement be forwarded for full Council consideration. • COUNCIL ACTION:. 1 The attached proposed License Agreement permits a temporary annual street closure and parking lot section closure. Approval of the Agreement would authorize a street closure on 3 Street from Yakima Avenue to Chestnut Avenue from 2:00 a.m. on the first Saturday of October through 5:00 a.m. the first Sunday of October. The SW quadrant of the Millennium Plaza parking lot will be closed to cars from 12:05 a.m. the first Friday of October through Noon on the first Sunday of October. However as many spaces as possible are available for parking on Friday evening after the initial staging has been accomplished. . Two spaces located directly adjacent to the Sports Center dumpster enclosure located in the Millennium Plaza parking lot shall be. utilized for temporary dumpster placement from 9am Friday morning until 11 am Monday morning. Concrete blocks used to secure the tent in the SW quadrant of the Millennium Plaza parking lot • shall be moved to the edges of the parking lot by 6:00 a.m. on the Sunday concluding the event to minimize the obstruction of parking spaces, and will be removed on Monday. Permits for banner placement across Yakima Avenue at 1s' Street and at Naches Avenue will be issued annually for two full weeks prior to the event. Allied Arts will notify neighboring businesses of the License Agreement conditions on an annual basis. Allied Arts will work withCDY to notify the parking patrons regarding arrangements for the Millennium Plaza parking lot on Friday. Allied Arts will pay the fees associated with Friday parking in the SW quadrant of the Millennium Plaza parking lot. • 2