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
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Sonya`dlaar Tee, City Clerk s.. —+— '*;
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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