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HomeMy WebLinkAbout02/01/2011 12 Hot-Shots 3-on-3 Basketball Tournament Nonexclusive License Agreement with Yakima Valley Sports Commission BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. * 1 2 - For Meeting of February 1, 2011 ITEM TITLE: Consideration of a Resolution authorizing execution of a nonexclusive License Agreement between the City of Yakima and the Yakima Valley Sports Commission, a non - profit corporation for the "Hot -Shots 3 -on -3 Basketball Tournament." SUBMITTED BY: Joan Davenport, Acting Director of Community and Economic Development CONTACT PERSON /TELEPHONE: Joan Davenport (575 -6113) SUMMARY EXPLANATION: The Yakima Valley Sports Commission (YVSC) has successfully hosted the "Hot -Shots 3 -on -3 Basketball Tournament" for several years as a Yakima event and regional attraction that promotes physical fitness, sportsmanship, and family fun. The popular event also highlights Yakima's sports, recreation, and tourism resources, and generates revenues that supplement the Sports Commission's efforts to bring sporting events to the area. Approval of the attached proposed License Agreement would grant a nonexclusive license to YVSC to continue to hold d - o the annual tournament in downtown Yakima through 2013. The attached proposed License Agreement also permits a temporary annual street closure. Approval of the Agreement would authorize a street closure on the weekend prior to Labor Day weekend for the years 2011 — 2013; between the hours of 7:00 p.m. Friday to 8:30 p.m. Sunday; for the following location: East Yakima Avenue from First Street (west) to Fourth Street (east), Second Street (north) from Yakima Avenue '/ block to the alley, Second Street from Yakima Avenue (south) to Chestnut Avenue, and Third Street from Yakima Avenue (north) 1 /2 block to the alley. Resolution X Ordinance Other (Specify) YVSC License Agreement Mail to (name and address): Director, YVSC, 101 N 8 St, Yakima, WA 98901 Phone: Funding Source APPROVED FOR SUBMITTAL: 4- ! � Acting City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD /COMMISSION RECOMMENDATION: The Council Economic Development Committee recommended adoption of the License Agreement at their meeting on November 3, ii , 2010. COUNCIL ACTION: le RESOLUTION NO. R -2011- A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a nonexclusive License Agreement between the City of Yakima and the Yakima Valley Sports Commission, a non - profit corporation, for the "Hot -Shots 3 -on -3 Basketball Tournament." WHEREAS, the Yakima Valley Sports Commission (YVSC) has a stated mission to stimulate economic development by marketing the Yakima Valley for sporting events and groups; and WHEREAS, the YVSC has successfully hosted the "Hot -Shots 3 -on -3 Basketball Tournament" for several years as a Yakima downtown area event that promotes physical fitness, sportsmanship and family fun in the downtown business area and Yakima's sports, recreation and tourism economies; and WHEREAS, the 'Hot -Shots 3 -on -3 Basketball Tournament is a regional attraction and generates revenues that support YVSC's efforts to bring other sporting events to the Yakima area; and WHEREAS, every year since 2006, on the weekend preceding Labor Day weekend between the hours of 7:00 p.m. on Friday to 8:30 p.m. on Sunday, the City has closed East Yakima Avenue from First Street (west) to Fourth Street (east); Second Street (north) from Yakima Avenue for ' /z block to the alley; Second Street (south) from Yakima Avenue to Chestnut Avenue; and Third Street (north) from Yakima Avenue for % block to the alley to traffic to permit a Basketball Tournament at the said location; and WHEREAS, the Sports Commission desires a license to conduct the "Hot-Shots 3 -on -3 Basketball Tournament at the said location; and WHEREAS, the City is willing to grant a nonexclusive license to YVSC to host a 3 -on -3 Basketball ' Tournament at said location in accordance with the terms and conditions of the Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, it is agreed by and between the City of Yakima and the Yakima Valley Sports Commission as follows: 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 Yakima Valley Sports Commission, a non - profit corporation, to host the "Hot -Shots 3 -on -3 Basketball Tournament" at said location in accordance with the terms and conditions of the Agreement. within the City of Yakima. ADOPTED BY THE CITY COUNCIL this 1st day of February, 2011. ATTEST: Micah Cawley, Mayor 411 City Clerk LICENSE AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA VALLEY SPORTS COMMISSION 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 the Yakima Valley Sports Commission a non - profit corporation (hereafter "Sports Commission ". 1. Nonexclusive License to Conduct Hot - Shots 3 - On - 3 Basketball Tournament. In consideration of the economic, educational, recreational and cultural benefits that are provided to the Yakima community by the operation of family- oriented sporting events in the downtown business corridor, the City grants Sports Commission a nonexclusive license to operate a basketball tournament on Yakima Avenue, Yakima, Washington, a. East Yakima Avenue from First Street (west) to Fourth Street (east), Second Street (north) from Yakima Avenue 1/2 block to the alley, Second Street from Yakima Avenue (south) to Chestnut Avenue, and Third Street from Yakima Avenue (north) 1 /2 block to the alley during time periods for which the City has granted appropriate written legal approval to close said streets to vehicular traffic as required to allow the operation of the Hot Shots 3 -On -3 Basketball Tournament. b. 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. c. Restrictions. Hot Shots 3 -On -3 Basketball Tournament shall be further conditioned by the following conditions precedent to holding a tournament event. o Traffic Control Plan that depicts detour routes, signage for Yakima Avenue; and indicates an established route for emergency vehicle response to all areas of the venue; and o Security Plan, including retaining 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 of each event. The above listed streets must be cleaned and opened to normal traffic by 8:30 p.m. on the Sunday, concluding the final day of each event. organizer or duly appointed T representative certifying that all adjoining business operators were notified of the proposed event. 2. Independent Contractor Status of Sports Commission. Sports Commission and the City dl understand and expressly agree that Sports Commission is an independent contractor in the performance of each and every part of this Agreement. The Yakima Valley Sports Commission, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. Additionally, as an independent contractor Sports Commission 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 Sports Commission or any director, official, officer, agent, member, employee or volunteer of Sports Commission and the City. 3. Establishment and Maintenance of Records. Sports Commission 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 Sports Commission 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 Sports Commission 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 assess a tax or assessment as a result of this Agreement, the Sports Commission shall pay the same before it become due. 5. Nondiscrimination Provision. During the performance of this Agreement, the Sports Commission 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 Sports Commission 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 Sports Commission agrees to perform all services under and pursuant to 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. 8. No Insurance provided by the City. It is understood the City does not maintain liability insurance for the Sports Commission and / or its members, directors, officials, officers, agents, member, employees and volunteers. 9. Indemnification and Hold Harmless. The Sports Commission 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 Sports Commission, 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 Sports Commission 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 Sports Commission 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 Sports Commission 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 Sports Commission 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 d l 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 YVSC Director of Sports Yakima Valley Sports Commission 10 North 8th Street Yakima, WA 98901 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 of Washington for Yakima County, Washington. 19. Integration. This written document constitutes the entire agreement between the City and the Sports Commission 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 SPORTS COMMISSION By: By: Michael Morales, Acting City Manager Its: Date: Date: ATTEST: City Clerk City Contract No. Resolution No.