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HomeMy WebLinkAbout02/21/2012 04M Cinco de Mayo Fiesta Hosting License Agreement with the Hispanic Chamber of Commerce , r i BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 'q M For Meeting of: February 21, 2012 f. ., t 4 . 1 �s .. 2 i <:' u . , ,� ;: , d ;<v .. rT ?51 4+.t,. iam, 4. a , ITEM TITLE: (A). Resolution authorizing execution of a Nonexclusive License Agreement with the Hispanic Chamber of Commerce to host an annual Cinco de Mayo Fiesta.(B). Resolution authorizing temporary street closures for the Hispanic Chamber of Commerce of Yakima County's to host an annual Cinco de Mayo Fiesta. SUBMITTED BY: Joan Davenport, Acting Director of Community and Economic Development 575 -6417 Vaughn McBride, Associate Planner CONTACT Vaughn McBride, Associate Planner PERSON/TELEPHONE: , SUMMARY EXPLANATION: Every year since 2001, the Hispanic Chamber of Commerce of Yakima County has hosted the Cinco de Mayo Fiesta on the first weekend in May between the hours of 12:00 noon to 8 p.m. on Saturday, and the hours of 10 a.m. to 6 p.m. on Sunday. Most recently Yakima Avenue between 1st Street and 3rd Street was used for vendors, to avoid conflict with the Farmers' Market. In addition, the public parking lot around the Millennium Plaza has always been closed as part of its event, to allow for a more diverse venue for all -ages to attend. The proposed License Agreement and the associated Resolutions include temporary street closure of the following downtown streets: Yakima Avenue between 1st Street and 3rd Street, 3rd Street between Chestnut and Yakima Avenue, 2nd Street between Chestnut and Yakima Avenue, Chestnut Avenue between 2nd and 4th Streets. The proposed nonexclusive license agreement is included with this item. Resolution X Ordinance Other (specify) Contract: X Mail to: President, Hispanic Chamber of Commerce of Yakima County, P.O. Box 10112, Yakima, WA 98909 Contract Term: 3 years Amount: Expiration Date: December 31, 2015 Insurance Required? Yes Funding Source: Phone: (509) 453 -2050 APPROVED FOR SUBMITTAL:, City Manager STAFF RECOMMENDATION: Adopt Resolution approving License Agreement and Resolution authorizing temporary closure of Yakima Avenue between 1st and 3rd Street, 3rd Street between Chestnut and Yakima Avenue, 2nd Street between Chestnut and Yakima Avenue, Chestnut Avenue between 2nd and 4th Streets. BOARD /COMMISSION RECOMMENDATION: The Council Economic Development Committee recommends approval of the temporary street closure, and execution of the License Agreement. ATTACHMENTS: Click to download Resolution -Cinco de Mayo License Agreement ❑ License Agreement -Cinco de Mayo ❑ Resolution -Cinco de Mayo Street Closure RESOLUTION NO. R -2012- A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a nonexclusive license agreement with Hispanic Chamber of Commerce of Yakima County, a non - profit corporation, to facilitate continued hosting of an annual Cinco de Mayo Fiesta at certain times within the City of Yakima. WHEREAS, the Hispanic Chamber of Commerce of Yakima County (HCC) has successfully hosted the Cinco de Mayo Fiesta since in the Yakima downtown area; and WHEREAS, said Cinco de Mayo Fiesta promotes cultural awareness and creates opportunity for entrepreneurs and microenterprises to test the market and showcase their products and also provide a venue of diverse music, the biggest car show in Eastern WA, a Charro parade and other activities for families which bring in tourism and creates a venue for multicultural diversion; and WHEREAS, the HCC of Yakima County has successfully hosted the Cinco de Mayo Fiesta generating revenues that provide educational scholarships for continuing education; and WHEREAS, every year since 2001, on the first weekend in May between the hours of 12:00 noon to 8 p.m. on Saturday, and hours of 10 a.m. to 6 p.m. on Sunday HCC has hosted the Cinco de Mayo Fiesta„ and WHEREAS, the following downtown streets are closed: Yakima Avenue between 1 Street and 3rd Street, 3rd Street between Chestnut and Yakima Avenue, 2nd Street between Chestnut arid Yakima Avenue, Chestnut Avenue between 2 and 4 Streets to facilitate the hosting of the annual Cinco de Mayo Fiesta; and WHEREAS, the public parking lot around the Millennium Plaza has always been closed as part of its event, to allow for a more diverse venue for all -ages to attend; and WHEREAS, the entire community benefits economically as many microenterprises set up booths the regional event that attracts thousands to downtown Yakima; and WHEREAS, entire community benefits as it supports a culturally diverse community that is important to tourism for our region; and WHEREAS, the HCC of Yakima County desires a nonexclusive license to conduct this event at the said location on an annual basis the first full weekend in May; and WHEREAS, the City is willing to grant a nonexclusive license to the HCC of Yakima County to host the Annual Cinco de Mayo Fiesta at said location in accordance with the terms and conditions of the Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached nonexclusive license agreement with the Sports Commission, 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 the Hispanic Chamber of Commerce of Yakima County, a non - profit corporation, to facilitate continued hosting of a Cinco de Mayo Fiesta at certain times within the City of Yakima. ADOPTED BY THE CITY COUNCIL this _ day of , 2012. ATTEST: Micah Cawley, Mayor City Clerk 2 LICENSE AGREEMENT BETWEEN THE CITY OF YAKIMA AND HISPANIC CHAMBER OF COMMERCE OF YAKIMA COUNTY 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 Hispanic Chamber of Commerce of Yakima County a non - profit corporation (hereafter "HCC of Yakima County "). WHEREAS, the HCC of Yakima County and its annual has a stated mission to stimulate economic development by creating and supporting small business development and marketing the City of Yakima for downtown events and activities; and WHEREAS, the HCC of Yakima County has successfully hosted the Cinco de Mayo Fiesta in downtown Yakima for the last ten years as an event that promotes cultural awareness and creates opportunity for entrepreneurs and microenterprises to test the market and showcase their products and also provide a venue of diverse music, the biggest car show in Eastern WA, a Charro parade and other activities for families which bring in tourism and creates a venue for multicultural diversion; and WHEREAS, the HCC of Yakima County has successfully hosted the Cinco de Mayo Fiesta generating revenues that provide educational scholarships for continuing education; and WHEREAS, every year since 2001, on the first weekend in May between the hours of 12:00 noon to 8 p.m. on Saturday, and hours of 10 a.m. to 6 p.m. on Sunday HCC has hosted the Cinco de Mayo Fiesta;; and WHEREAS, The following downtown streets are closed: Yakima Avenue between S. 1St Street and S. 3rd Street between Chestnut and Yakima Avenue, S. 2nd Street between Chestnut and Yakima Avenue, Chestnut Avenue between 2nd and 4th Streets to facilitate the hosting of the annual Cinco de Mayo Fiesta; and WHEREAS, the public parking lot around the Millennium Plaza has always been closed as part of its event, to allow for a more diverse venue for all -ages to attend; and WHEREAS, the entire community benefits economically as many microenterprises set up booths the regional event that attracts thousands to downtown Yakima; and WHEREAS, entire community benefits as it supports a culturally diverse community that is important to tourism for our region; and WHEREAS, the HCC of Yakima County desires a nonexclusive license to conduct this event at the said location on an annual basis the first full weekend in May; and WHEREAS, the City is willing to grant a nonexclusive License to the HCC of Yakima County to host the Annual Fiesta Grande at said location in accordance with the terms and conditions of the Agreement; 11Pa NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, it is agreed by and between the City and HCC of Yakima County as follows: 1. Nonexclusive License to Host the Annual Cinco de Mayo Fiesta Grande. a. In consideration of the economic, educational, tourism and cultural benefits that are provided to the Yakima community by the operation of family oriented event in the downtown business corridor, the City grants HCC of Yakima County a nonexclusive license to operate a festival the first weekend in May on Saturday between the hours of 12:00 noon to 8 p.m., and on Sunday between the hours of 10 a.m. to 6 p.m. City will. close Yakima Avenue between S. 1st Street and S. 3 Street between Chestnut and Yakima Avenue, S. 2nd Street between Chestnut and Yakima Avenue, Chestnut Avenue between 2nd and 4th Streets. To accommodate this annual event, the City has granted appropriate written legal approval to close said streets to vehicular traffic as needed, and the entire public parking lot around the Millennium Plaza will be closed for the two day event. b. Term. The term of this Agreement shall commence upon full execution by the parties and shall terminate at midnight, December 31, 2015, unless sooner terminated by either party in accordance with Section 14 of this Agreement. c. Restrictions. Cinco de Mayo Fiesta shall be further conditioned by the following conditions precedent to holding the festival. • Traffic Control Plan that depicts detour routes, signage for all streets around 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 o 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 Sunday the final day of each event. • An affidavit signed by event organizer or duly appointed representative certifying that all adjoining business operators were notified of the proposed event. 2. Independent Contractor Status of Hispanic Chamber of Commerce of Yakima County. HCC of Yakima County and the City understand and expressly agree that the HCC of Yakima County is an independent contractor in the performance of each and every part of this Agreement. The Hispanic Chamber of Commerce of Yakima County, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. Additionally, as an independent contractor the HCC of Yakima County 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 2IPage relationship of servant, employee, partnership or agency between HCC of Yakima County or any director, official, officer, agent, member, employee or volunteer of HCC of Yakima County and the City. 3. Establishment and Maintenance of Records. HCC of Yakima County 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 HCC of Yakima County 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 HCC of Yakima County 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 HCC of Yakima County 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 HCC of Yakima County 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 HCC of Yakima County 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 HCC of Yakima County and/ or its members, directors, officials, officers, agents, member, employees and volunteers. Wage 9. Indemnification and Hold Harmless. The HCC of Yakima County 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 HCC of Yakima County, 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 HCC of Yakima County 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 are 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 HCC of Yakima County 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 HCC of Yakima County 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 HCC of Yakima County 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. 4IPage 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 HCCYC President Hispanic Chamber of Commerce of Yakima County P.O. Box 10112 Yakima, WA 98909 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 Hispanic Chamber of Commerce of Yakima County 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 HISPANIC CHAMBER OF COMMERCE of YAKIMA COUNTY By: By: City Manager Its: Date: Date: ATTEST: City Clerk -- - -- - - - - -- - - -- 5!Page City Contract No. Resolution No. 6|Pugc - - RESOLUTION NO. R -2012- A RESOLUTION authorizing temporary closure of Yakima Avenue between 1 Street and 3rd Street, 3rd Street between Chestnut and Yakima Avenue, 2nd Street between Chestnut and Yakima Avenue, Chestnut Avenue between 2 and 4 Streets to facilitate the hosting of the annual Cinco de Mayo Fiesta; for the annual Cinco de Mayo Fiesta WHEREAS, the Hispanic Chamber of Commerce of Yakima County (HCC) has successfully hosted the Cinco de Mayo Fiesta since in the Yakima downtown area; and WHEREAS, WHEREAS, every year since 2001, on the first weekend in May between the hours of 12:00 noon to 8 p.m. on Saturday, and hours of 10 a.m. to 6 p.m. on Sunday HCC has hosted the Cinco de Mayo Fiesta,; and WHEREAS, the City has closed Yakima Avenue between 1 Street and 3rd Street, 3rd Street between Chestnut and Yakima Avenue, 2 Street between Chestnut and Yakima Avenue, and Chestnut Avenue between 2 and 4 Streets to facilitate the hosting of the annual Cinco de Mayo Fiesta; and WHEREAS, the public parking lot around the Millennium Plaza has always been closed as part of its event, to allow for a more diverse venue for all -ages to attend; and WHEREAS, the Cinco de Mayo Fiesta has received approval from all area businesses that will be affected by the temporary street closures; and WHEREAS, street closure permits for any special dates and events will be subject to the issuance of a temporary street closure permit by the Yakima Police Department; and WHEREAS, event dates and event boundaries will be communicated and coordinated between the Cinco de Mayo Fiesta and area businesses affected by the temporary street closures; and WHEREAS, the City Council deems the Cinco de Mayo Fiesta to be a special event for which temporary street closure is desirable, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. The following street is hereby closed at the stated times and dates. • Yakima Avenue between 1 Street and 3` Street, 3 Street between Chestnut and Yakima Avenue, 2 Street between Chestnut and Yakima Avenue, Chestnut Avenue between 2 and 4 Streets on the first weekend in May; • Between the hours of 12.00 noon to 8 p.m. on Saturday, and hours of 10 a.m. to 6 p.m. on Sunday; ADOPTED BY THE CITY COUNCIL this day of , 2012. ATTEST: Micah Cawley, Mayor City Clerk 2