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HomeMy WebLinkAboutSeasons Performance Hall - Partial Rembursement of Costs for YPD Security Officers Agreement For Partial Reimbursement of Costs For Yakima Police Department Security Officers By The City of Yakima and The Seasons Performance Hall THIS AGREEMENT FOR PARTIAL REIMBURSEMENT OF COSTS FOR YAKIMA POLICE DEPARTMENT SECURITY OFFICERS (hereinafter the "Agreement ") is executed by and between the City of Yakima, Washington, a municipal corporation (hereinafter the "City ") and The Seasons Performance Hall, a Washington nonprofit corporation (hereinafter "Seasons "). I. Recitals A. The Seasons is hosting a concert by Macklemore on August 24, 2016 under the authority and within the terms and conditions set forth in YMC 9.70.190. B. It is anticipated that this concert event will be heavily attended and as a result that it is necessary to provide eight Yakima Police Department officers to serve as security in order to maintain the peace and safety of the public and all those in attendance at the concert event. C. In accordance with YMC 9.70.190, a non - profit hosting a special event such as the concert being offered by Seasons shall provide all necessary security as determined by City staff and shall be responsible for the cost of half (50 %) of the security. D. In order to provide the eight security officers required for the event and not be charged for costs in excess of half (50 %) of the total cost of the officers required to attend the event,. the City agrees to reimburse Seasons for half of the total cost billed to the Seasons for the security officers after Seasons has submitted a copy of the contract for police services and a receipt evidencing payment of the total cost of the security services to the City Economic Development Manager. II. Agreement WHEREFORE, in consideration of the Recitals set forth above and fully incorporated herein, together with the mutual covenants, promises and conditions set forth herein, the City and Seasons agree as follows: • 1. Payment of Funds by City. In consideration for the Seasons agreement to hire eight uniformed Yakima Police Department security officers to be in attendance at the Season for the concert performance by Macklemore on August 24, 2016 to provide for the safety and security of the City residents as well as the concert attendees during this very popular concert event the City agrees to reimburse Seasons for half (50 %) of the total costs of the security officers. As a condition precedent to the City paying the reimbursement the Seasons shall provide the City with a copy of the contract for the police officers' services, together with a receipt indicating the Seasons' payment in full for the security services. 2. Term of Agreement. This Agreement shall commence on the date this Agreement is executed by both parties and shall terminate upon the satisfaction of the terms of reimbursement set forth herein. 3. Taxes and Assessments. Seasons shall be solely responsible 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 as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of or in connection with the duties, obligations and services required under this Agreement, Seasons shall pay the same before it becomes due. 4. Nondiscrimination. During the performance of this Agreement, Seasons shall not discriminate 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. Seasons agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. 5. The Americans with Disabilities Act. Seasons shall comply with the Americans with Disabilities Act of 1990, 42 U.S.0 §§ 12101 et seq.( "ADA ") and its implementing regulations and Washington state's anti - discrimination law as set forth in Chapter 49.60 RCW ( "WLAD ") and its implementing regulations, with regard to the provision of services under this Agreement. The ADA and the WLAD provide comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services and telecommunications. 6. Compliance with Law. Seasons shall provide all services under 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. 7. Assignment. This Agreement, or any interest therein, or claim hereunder, shall not be assigned or transferred in whole or in part 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 Seasons as stated herein. 8. Severabilitv. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be 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. c. Should either party determine that the severed portions substantially alter this Agreement so that the original intent and purpose of the Agreement no longer exists, said party may, in its sole discretion, terminate this Agreement upon thirty (30) calendar days' advance written notice to the other party. 9. Non - waiver. A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Agreement shall not impair the right of the other 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. 10. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand - delivered to the parties at their respective addresses as follows: To the City: Cliff Moore, City Manager City of Yakima 129 North 2nd Street Yakima, Washington 98901 56A56 s Ts y: Sean Russel, President Seasons Performance Hall 101 North Naches Ave. Yakima, Washington 98901 or to such 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. 11. 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. 12. Integration and Supersession. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements, which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. There are no terms, conditions, or agreements with respect thereto except as herein provided, and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 13. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 14. Venue. The venue for any action to enforce or interpret this Agreement shall lie in a court of competent jurisdiction in Yakima, Washington. 15. Dispute Resolution. The parties shall strive to resolve any dispute that may arise through mutual cooperation and negotiation in good faith. If the dispute is not resolved through negotiation, the parties may consider mediation or other form of dispute resolution but only where mutually agreed to in writing. WHEREFORE, the parties have executed this Agreement as set forth below: CITY OF YAKIMA SEASONS PERFORMANCE HALL By: By: Cliff M000r_e, City Manager Sean Russel, President Date: V //(p 2016 Date: c ' ( j f / � , 2016 : yh ATTEST: ° • � , � I ��, By: . 1 ti % < Sonya CIa I Tee, City Clei`k (- 4 `� ,! e CITY CONTRACT NO: O2a/ Y - / 6v ' - RESOLUTION NO: ���