HomeMy WebLinkAbout02/21/2012 04N Hot Shots 3-on-3 Basketball Tournament Hosting License Agreement with Yakima Valley Sports Commission .,..,::„.75,...,,,,
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT �AJ
Item No. `l
For Meeting of: February 21, 2012
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ITEM TITLE: (A.) Resolution authorizing a Nonexclusive License
Agreement with Yakima Valley Sports Commission's
annual Hot -Shots 3 -on -3 Basketball Tournament.(B.)
Resolution authorizing temporary street closures for
the Yakima Valley Sports Commission annual Hot -
Shots 3 -on -3 Basketball Tournament.
SUBMITTED BY: Joan Davenport, Acting Director of Community and
Economic Development
CONTACT Vaughn McBride, Associate Planner (509) 576 -6315
PERSON/TELEPHONE:
SUMMARY EXPLANATION:
Each year since 2006, on the weekend preceding Labor Day between the hours of
7:OOp.m. on Friday to 8:30p.m. on Sunday the City Council has approved the
closure of East Yakima Avenue from 1st Street to 4th Street; 2nd Street from
Yakima Avenue for 1 /2 block to the alley; 2nd Street from Yakima Avenue to Chestnut
Avenue; and 3rd Street from Yakima Avenue for 1 /2 block to the alley to traffic to
permit an all -ages, 3 -on -3 Basketball Tournament. The street closure
accommodates the hosting of the annual Hot -Shots 3 -on -3 Basketball Tournament.
The Hot -shots 3 -on -3 Basketball Tournament promotes physical fitness,
sportsmanship and family fun in the downtown business area while taking
advantage of Yakima's sport, recreation and tourism economies.
The proposed amendment of the License Agreement and the associated
Resolutions include further expansion of the event area along East Yakima Avenue
from 2nd Street east to Naches Avenue.
Resolution X Ordinance Other
(specify)
Contract: X Mail to: Director of Sports, Yakima Valley Sports
Commission, 10 N 8th Street, Yakima, WA 98901
Contract Term: 2 Years Amount: Expiration Date: December
31, 2013
Insurance Required? Yes
Sour�ceg Phone: (509) 594 -2742
•
APPROVED FOR
SUBMITTAL: City Manager
' ' Y 9
STAFF RECOMMENDATION:
Adopt Resolution approving License Agreement and Resolution authorizing
temporary closure of portions of East Yakima Avenue between South 3rd Street and
Naches Avenue.
BOARD /COMMISSION RECOMMENDATION:
The Council Economic Development Committee recommends approval of the
temporary street closure, expansion of the event area, and amendment of the
License Agreement.
ATTACHMENTS:
Click to download
❑ Resolution- Yakima Valley Sports Commission -HOt Shots Tourney
0 License Agreement -Hot Shots 3 -On 3 Basketball Tournament
O Resolution -YVSC -Hot Shots Tourney 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 Yakima Valley
Sports Commission, a non - profit corporation, to facilitate continued
hosting of an annual 3 -on -3 Basketball Tournament at certain times
within the City of Yakima.
WHEREAS, the Yakima Valley Sports Commission has successfully hosted five
years of operating a 3 -on -3 Basketball Tournament in the Yakima downtown area; and
WHEREAS, said farmers' market promotes physical fitness, sportsmanship and
family fun in the downtown business area while taking advantage of Yakima's sports,
recreation and tourism economies; and
WHEREAS, the Yakima Valley Sports Commission has successfully hosted the
'Hot -Shots 3 -on -3 Basketball Tournament', generating revenues that supplement Sports
Commission 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 p.m. on Friday to 8 30pm on Sunday, the City has
closed East Yakima Avenue from First Street (west) to Fourth Street (east); Second
Street (north) from Yakima Avenue for % block to the alley; Second Street (south) from
Yakima Avenue to Chestnut Avenue; and Third Street (north) from Yakima Avenue for
1/2 block to the alley to traffic to permit an all -ages, 3 -on -3 Basketball Tournament at the
said location; and
WHEREAS, the Yakima Valley Sports Commission wishes to extend the area of
the 3 -on -3 Basketball Tournament event area from East Yakima Avenue and South 3rd
Street east along East Yakima Avenue to a point of termination at the intersection of
East Yakima Avenue and Naches Avenue; with the use of event personnel to allow for
free, unobstructed access to the 4th Street entrance to the Hilton Garden Inn and;
WHEREAS, the community benefits economically and culturally from the
operation of a sporting event with regional attraction at the said location; and
WHEREAS, the Sports Commission desires expand the event boundaries of a
license to conduct an all -ages sporting event at the said location; and
WHEREAS, the City is willing to grant expansion of event boundaries for the
existing nonexclusive license to Sports Commission 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 and Sports
Commission, 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 Sports
Commission, a non - profit corporation, to facilitate continued hosting of a 3 -on -3
Basketball Tournament 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 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 ".
WHEREAS, the Yakima Valley Sports Commission has a stated mission to stimulate
economic development by marketing the Yakima Valley for sporting events and groups; and
WHEREAS, the Yakima Valley Sports Commission has successfully hosted the 'Hot -
Shots 3 -on -3 Basketball Tournament for eight years as a Yakima downtown area event that
promotes physical fitness, sportsmanship and family fun in the downtown business area while
taking advantage of Yakima's sports, recreation and tourism economies; and
WHEREAS, the Yakima Valley Sports Commission has successfully hosted the 'Hot -
Shots 3 -on -3 Basketball Tournament, generating revenues that supplement Sports Commission
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 8:30pm on Sunday, the City has closed East Yakima
Avenue from First Street (west) to Fourth Street (east); Second Street (north) from Yakima
Avenue for 1 /2 block to the alley; Second Street (south) from Yakima Avenue to Chestnut
Avenue; and Third Street (north) from Yakima Avenue for 1/2 block to the alley to traffic to
permit an all -ages, 3 -on -3 Basketball Tournament at the said location; and
WHEREAS, the Yakima Valley Sports Commission wishes to extend the area of the Hot -
Shots 3 -on -3 Basketball Tournament event area from East Yakima Avenue and South 3rd Street
east along East Yakima Avenue to a point of termination at the intersection of East Yakima
Avenue and Naches Avenue; with the use of event personnel to allow for free, unobstructed
access to the 4th Street entrance to the Hilton Garden Inn and;
WHEREAS, the community benefits economically and culturally from the operation of a
sporting event with regional attraction at the said location; and
WHEREAS, the Sports Commission desires a license to conduct an all -ages sporting
event at the said location; and
WHEREAS, the City is willing to grant a nonexclusive license to Sports Commission 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 and Sports
Commission as follows:
1. Nonexclusive License to Conduct Hot -Shots 3 -On -3 Basketball Tournament.
a. 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 along
East Yakima Avenue from First Street (west) to Naches Avenue (east); Second
Street from Yakima Avenue (north) for 1/2 block to the alley; Second Street from
Yakima Avenue (south) to Chestnut Avenue; and Third Street from Yakima
Avenue (north) for l 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.
• 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
• 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 the Sunday, concluding 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 Sports Commission. Sports Commission and
the City 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 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
Corrununity & 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: B
Michael A. Morales
Acting City Manager Its:
Date: Date:
ATTEST:
City Clerk
City Contract No.
Resolution No.
RESOLUTION NO. R -2012-
A RESOLUTION authorizing temporary closure of portions of East Yakima Avenue
between 3td Street (to the west) and South Naches Avenue (to the
east) for the Hot Shots 3 -on -3 Basketball Tournament.
WHEREAS, the Yakima Valley Sports Commission has successfully completed
five years of hosting an annual Hot Shots 3 -on -3 Basketball Tournament in the Yakima
downtown area; and
WHEREAS, the City has closed (by resolution) portions of East Yakima Avenue
between 1 Street (west) and South 3rd Street (east); 2nd Street from Yakima Avenue
north 1/2 block to the alley; 2 Street from Yakima Avenue south to Chestnut Avenue;
and 3 Street from Yakima Avenue north % block to the alley to traffic between the
hours of 7:00 p.m. Friday to 8:30p.m. Sunday every weekend preceding Labor Day each
year since 2006 to host an annual Hot Shots 3 -on -3 Basketball Tournament at said
location; and
WHEREAS, beginning in 2012, the YVSC wishes to extend the area of the
tournament east on Yakima Avenue beyond 3rd Street to the intersection of Yakima
Avenue and Naches Avenue; and
WHEREAS, the event will utilize the portion of East Yakima Avenue between
South 4 Street and the intersection of East Yakima Avenue and South Naches Avenue,
event staff will be provided to monitor and ensure access to the Hilton Garden Inn
driveway /parking structure at the intersection of East Yakima Avenue and South 4th
Street, and
WHEREAS, the Hot Shots 3 -on -3 Basketball Tournament 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 Hot Shots 3 -on -3 Basketball Tournament and area businesses
affected by the temporary street closures; and
WHEREAS, the City Council deems the Hot Shots 3 -on -3 Basketball
Tournament 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:
• South Third Street between East Yakima Avenue (to the north) and mid -block
(south of the Post Office driveway) between East Chestnut Avenue and Walnut
Street (to the south),
• Every weekend preceding Labor Day beginning August 31, 2012 through
September 1, 2013;
• 7:00 p.m. Friday until Sunday 8:30 p.m.
ADOPTED BY THE CITY COUNCIL this day of , 2012.
ATTEST: Micah Cawley, Mayor
City Clerk
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