HomeMy WebLinkAbout02/21/2012 04M Cinco de Mayo Fiesta Hosting License Agreement with the Hispanic Chamber of Commerce ,
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 'q M
For Meeting of: February 21, 2012
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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
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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;
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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
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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.
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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.
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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
-- - -- - - - - -- - - --
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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
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