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HomeMy WebLinkAboutR-2016-079 Facilities Rental Agreement with the Seasons Music Festival; Yakima Community Diversion ProgramA RESOLUTION RESOLUTION NO. R-2016-079 authorizing and directing the City Manager of the City of Yakima to execute a Facilities Rental Agreement between the City of Yakima and the Seasons Music Festival for the use of the Seasons Performance Hall to host the City of Yakima Community Diversion Program from July 2016 through December 2017 WHEREAS, in December of 2015, the Yakima City Council approved the implementation and operation of a City of Yakima Community Diversion Program to be held twice a month, and WHEREAS, the Seasons Performance Hall located at 101 North Naches Avenue, in Yakima, Washington, is easily accessible to participants in the Downtown and North 1st Street corridor areas of the City of Yakima, and WHEREAS, the Seasons Performance Hall has the space and facilities necessary to host the Community Diversion Program, and WHEREAS, the City and the Seasons Music Festival desire to enter into the Facilities Rental Agreement; and WHEREAS, the City Council finds it to be in the best interest of the City to direct the City Manager to execute the attached Facilities Rental Agreement with the Seasons Music Festival to host the Yakima Community Diversion Program at the Seasons Performance Hall, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council authorizes and directs the City Manager to execute the attached Facilities Rental Agreement with the Seasons Music Festival for the use of the Seasons Performance Hall twice a month located at 101 North Naches Avenue, Yakima, Washington, to host the City of Yakima Community Diversion Program from July 2016 through December 2017 ADOPTED BY THE CITY COUNCIL this 21st da, of June, 2016 ATTEST: rrez, Mayo d� Sonya`dlaar Tee, City Clerk s.. —+— '*; ,t'2 ' FACILITIES RENTAL AGREEMENT This Facilities Rental Agreement ("Agreement"), is entered into June 21, 2016, by and between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North Second Street, Yakima, Washington 98901 ("Lessee") and The Seasons Music Festival, located at 101 North Naches Avenue, Yakima, Washington 98901 ("Lessor") The parties hereto, intending to be legally bound, and in consideration of the mutual covenants hereinafter contained, agree as follows 1. Grant. Lessor, on the dates and times set forth herein, and subject to the terms and conditions of this Agreement, hereby grants to Lessee a license to use The Seasons Performance Hall Facility, equipment (tables and chairs), Wi-Fi and limited storage ("Facility") for the Community Diversion Program ("Event") to be held on the second and fourth Tuesdays of each month beginning July of 2016 and through December 2017 2. Date/Times of Permitted Use Access to the Facility for the Event will commence at 8 00 AM on the date of the Event and will end at 3.00 PM 3. Monthly Rent. Lessee shall pay to Lessor the sum of $750 00 a month for the use by Lessee of the Facility, or a total of $4,500 00 for the year of 2016 and $9,000 00 for the year of 2017 The Lessor shall invoice the Lessee at the provided contact address for the installment of rent, and the Lessee shall pay the invoice within 20 days of receipt, unless the agreement is terminated as provided in paragraph 8. 4. Insurance. Lessee agrees that it shall, at its sole cost and expense, procure and maintain a policy of commercial general liability insurance (including contractual liability) in an amount not Tess than $1,000,000 00 per occurrence, $3,000,000.00 in the annual aggregate Such insurance policies shall be carried with companies licensed to do business in the state, reasonably satisfactory to Lessor and shall be non -cancelable and not subject to material change except after thirty (30) days written notice to Lessor Lessee shall deliver to Lessor duly executed certificates of Facilities Rental Agreement between the City of Yakima and The Seasons Music Festival Page 1 -of 4 insurance upon request. Lessor shall not at any time be liable for damage or injury to persons or property in or upon the Facility. 5. Indemnification. A. The Lessee agrees to defend, indemnify, and hold harmless the lessor, its officials, officers, employees and agents from any and all suits, judgments, actions, claims, demands, damages, and costs and expenses, including reasonable attorneys' fees, which result or arise out of the sole negligent acts or omissions, if any, of the Lessee, its officials, officers, employees or agents Lessee hereby releases Lessor from any and all liability or responsibility to Lessee or anyone claiming through or under Lessee by way of subrogation or otherwise for any loss or damage to equipment or property of Lessee covered by any insurance then in force B The Lessee agrees to defend, indemnify, and hold harmless the City of Yakima, its officials, officers, employees and agents from any and all suits, judgments, actions, claims, demands, damages, and costs and expenses, including reasonable attorneys' fees, which result or arise out of the sole negligent acts or omissions, if any, of the Lessee, its officials, officers, employees or agents C If any suits, judgments, actions, claims or demands arise out of or in connection with the negligent acts and/or omissions of both the Lessee and the Lessor or their officials, officers, employees or agents pursuant to this Agreement, each party shall be liable for its proportionate share of negligence for any resulting suits, judgments, actions, claims, demands, damages, and costs and expenses, including reasonable attorneys' fees. D The terms of the section shall survive any expiration or termination of this Agreement. E Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party 6. "As -Is" Condition. Lessee agrees to accept the Facility in its "as -is" condition "with all faults" 7. Assignment and Sublicensinq. Lessee shall not assign any interest in this License Agreement or otherwise transfer or sublicense the Facility or any part thereof or permit the use of the Facility to any party other than Lessee 8. Termination. Lessor may terminate this Agreement based upon any one or more of the following events A. Failure of Lessee to pay the Rental Fee or any other charges due hereunder when the same is due Facilities Rental Agreement between the City of Yakima and The Seasons Music Festival Page 2 of 4 B Lessee fails to perform any of its covenants hereunder. In any of the aforesaid events, and in addition to any and all rights and remedies available to Lessor by law or in equity, Lessor may, with or without further notice, forthwith terminate this Agreement and expel and remove Lessee, or any other person or persons in occupancy from the Facility, together with their goods and chattels, using such force as may be necessary in the judgment of Lessor or its agents in so doing, without evidence of notice or resort to legal process or becoming liable for any loss of damage which may be occasioned thereby, and repossess and enjoy said Facility, and in addition to any other remedy it may have, Lessor may recover from Lessee all damages it may incur by reason of such breach by Lessee 9. Interference. Lessee shall use the Facility in a manner which shall not cause interference with the use or occupancy of the other portions of the Building by Lessor or others in any way Lessee's use hereunder will be done in such a manner so as not to interfere with or impose any additional expense upon Lessor in maintaining the Building 10. Restoration. If any damage occurs to the Facility, or if any repairs or replacements needs to be made to the Facility as a result of Lessee's exercise of its rights under this License, Lessee shall pay Lessor for any such damage, repairs, or replacements upon demand by Lessor. 11. Cancellation. Lessee may cancel this Agreement at any time up to 180 days prior to the Event Date by providing written notice of such election to Lessor, at no cost to Lessee If Lessee shall elect to so cancel this agreement between 179 and 91 days prior to the Event Date, Lessee will be charged 50% of the Rental Cost and any expenses incurred in good faith by Lessor in preparation for Lessee's use of the Facility For cancellations 90 days prior to Event Date, Lessee will be charged 100% of the Rental Costs and any expenses incurred by Lessor. 12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington Any legal actions, claims or demands shall be handled in a court of competent jurisdiction within the State of Washington 13. Contact Information City of Yakima Attn Cynthia Martinez 200 S Third Street Yakima, WA 98901 Facilities Rental Agreement between the City of Yakima and The Seasons Music Festival Page 3 of 4 Seasons Performance Hall Attn Jason Kildall 101 North Naches Avenue Yakima, WA 98901 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written CITY OF YAKIMA Lessee By: Jeffrey R. Cy t7Onterim City Manager City of Yakima Date THE SEASONS MUSIC FESTIVAL Lessor By: J �' n/Kildall, Director Seas/ons Performance Hall Date C_/20/1( ATTEST Sonya C/ar Tee, City Clerk �.4 ,-- • ..,- R ce- City Contract No .119/6-(19 +i 'i %+`f , Resolution No R .00i (o -079 Facilities Rental Agreement between the City of Yakima and The Seasons Music Festival Page 4 of 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 13. For Meeting of: June 21, 2016 ITEM TITLE: Resolution authorizing a Facilities Rental Agreement with the Seasons Music Festival for the use of the Seasons Performance Hall to host the City of Yakima Community Diversion Program from July 2016 through December 2017 SUBMITTED BY: Cynthia I. Martinez, Senior Assistant City Attorney SUMMARY EXPLANATION: In December, 2015 the Yakima City Council approved the implementation and operation of a City of Yakima Community Diversion Program to be held twice a month. The City and The Seasons Performance Hall desire to enter into a Facilities Rental Agreement to host the Yakima Community Diversion Program at the Seasons Performance Hall. The Seasons Performance Hall is easily accessible to participants in the Downtown and North 1st Street corridor areas of the City of Yakima and has the space and facilities necessary to host the Community Diversion Program. Community Diversion Program: The City began exploring the implementation of a Community Court Program at the end of 2014 and entered into a Memorandum of Understanding with the Center for Court Innovations, an organization based in New York that receives federal grant money to help jurisdictions across the United States establish alternative court models. They provide their services at no cost to us and they have been instrumental in performing our community needs assessment and the development of our program model. The effort included site visits to Spokane Community Court and the Seattle Community Court, a community survey that was conducted in districts one and two of the City of Yakima, stakeholder interviews and community focus groups. The findings of these efforts have been summarized in a draft Community Court needs survey. See attached. The City has developed a model that is officially called the Community Diversion Program. The program is a Prosecution Division initiative that has the support of Yakima Police Department, defense counsel and a number of community organizations. Alternative budgets were created at the end of last year and the program was initially funded this year. Unfortunately, the program was cut because of the 2016 budget shortfall. Future of the City of Yakima Community Diversion Program: The Yakima Valley Community Foundation has offered up to $30,000 to fund a half year of the program if the City commits to funding the other half of the year. This development caused the Seasons to reduce their monthly use fee from $1,000 to $750. If the City of Yakima is interested in implementing the program, the City could commit to fund the program in 2017 at a cost of $57,000 which would allow the City to accept the half year funding grant of $28,927 (half the cost of the first year expense of $57,854) to get the program off the ground in July of this year. This proposal would give us a 1.5 year experience to use for grant applications in 2018. I project that if the program is successful we may be able to transition to a full Community Court Program in 2018 with the assistance of grant funding. There are BJA grants and private grant opportunities available for Community Court projects. The City of Spokane recently received a BJA grant to enhance their community court and a separate grant to fund a jail reduction project. The City of Olympia received a community court startup BJA grant of $100,000. Attached is a detailed budget for the program through 2017. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: No Public Safety Interim City Manager STAFF RECOMMENDATION: Adopt the Resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Resolution -Seasons Performance Hal Facilities Rental0 6/13/2016 Resolution Agreement 0 Detailed Budget 6/13/2016 Backup Material D COY & Seasons Facilities Rental Agreement 6/1312016 Contract Attachment A In this model, the Prosecution Division would offer a Community Diversion program to pre-screened defendants through a Stipulated Order for Continuance. The program would be held at the Seasons. Public Defenders and the service providers would be present. The goal would still be to connect repeat offenders with the services needed to Seasons -Diversion Program Monthly cost 1.5 yearly cost Personnel Costs Interpreter 2 hours $50. an hour $1,800.00 may be less if court certified interpreter not needed. Prosecutor Prosecutor 20 hours will initially be covered by existing staff Defense Public Defender 20 hours will initially be covered by existing staff Security 9 hours 2 X a montF $20.00 $6,480.00 People to People 41,599.00 62,399 Total Personnel Costs Equipment and Supplies Costs Supplies one time costs Printer, cart $475.00 Recorder $100.00 Hearing Equipment Cables $50.00 Prosecutor Defense PFP Chair $225.00 Agency Supplies Prosecutor Public Defender Location Expenses Room Rental 2 X per month $750.00 $13,500.00 Wand $200.00 crowd control device $200.00 flags for entrance $435.00 Safety vests $50.00 Travel/Training `r c6;a1 Equipment ant SuppQk s $13,500.00 One time costs: $1,735. Capital none Improvements Total budget July 84,179.00 1,735.00 85,914.00 2016 - December 2017 Funds available from $28,927.00 private donor City's Commitment for 2017 56,987