HomeMy WebLinkAbout06/05/2012 08 Annual Smoke-Out Choke-Out Motorcycle Event Agreement with The Speakeasy; Street Closure Authorization •
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: June 5, 2012
1
ITEM TITLE: Resolution authorizing execution of nonexclusive license
agreement between the City of Yakima and the
Speakeasy, a for - profit organization to host an annual
Smoke -out Choke -out event
SUBMITTED BY: Joan Davenport, Planning Manager and Acting CED
Director
CONTACT Joan Davenport, Planning Manager and Acting CED
PERSON /TELEPHONE: Director
SUMMARY EXPLANATION:
The Speakeasy, a for - profit organization located at 104 South 3rd Street, has sponsored an
annual Smoke -out Choke -out motorcycle event since 2006. The owners are requesting a 3-
year non - exclusive license to authorize the event for the years 2012 through 2014. The
event takes place the weekend following Independence Day between the hours of 5:00 PM
on Friday through 2:00 AM on Sunday. The event takes place on East Chestnut Avenue
between South 3rd Street and the east portion of the alley located between South 2nd and
South 3rd Street(leaving the alley access open and clear to traffic), as well as a portion of
the City -owned parking lot adjacent to the event adjacent to the Millennium Plaza. The
license allows the for - profit organization to host a festival event which includes live music,
foot and opportunities for local business vendors, as well as the associated motorcycle
burn -outs.
The Speakeasy will still be required to obtain an annual Special Event permit each year.
Other Nonexclusive
Resolution X Ordinance (specify) License
Agreement
Contract: Mail to:
Contract Term: Amount: Expiration Date:
Insurance Required? No
Funding
Source: Phone:
APPROVED FOR
City Manager
SUBMITTAL:
STAFF RECOMMENDATION:
Adopt the Resolution which authorizes execution of the nonexclusive license agreement.
BOARD /COMMISSION RECOMMENDATION:
ATTACHMENTS:
Click to download
0 Resolution authorizing License for Smoke -out Choke -out Event
0 License for Smoke -out Choke -out Event
RESOLUTION NO. R -2012-
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute an nonexclusive license - agreement with The Speakeasy, a
for - profit corporation, and authorization to close certain streets
segments, to facilitate hosting of its annual Smoke -Out Choke -Out
motorcycle event as a downtown area event within the City of
Yakima.
WHEREAS, the Speakesy /Smoke -Out Choke -Out event has a stated mission to
help promote revenue for downtown businesses, and help attract and generate out -of-
town business; and
WHEREAS, said the Speakeasy has successfully completed eight years of
hosting the Smoke -Out Choke -Out motorcycle event that promotes recreation and
tourism in the Yakima downtown area and generating revenues that supplement the
Speakeasy's efforts to bring other events to the Yakima downtown area; and
WHEREAS, every year since 2006, on the weekend following the Independence
Day celebrations between the hours of 5 pm on Friday to 2:00 am on Sunday, the
City has closed East Chestnut Avenue between 3 Street and the east portion of the
alley located between South 2nd Street and South 3 Street (leaving alley access open
and clear) to traffic to permit, and a portion of the City -owned parking lot located north of
the Speakeasy to Millennium Plaza, the Smoke -Out Choke -Out event at the said
location; and
WHEREAS, the community benefits economically and culturally from the
operation of a motorcycle event that includes live music, food and local business
vendors at the said location; and
WHEREAS, the Speakeasy desires a nonexclusive license to conduct the
Smoke -Out Choke -Out motorcycle event at the said location; and
WHEREAS, the City is willing to grant a nonexclusive license to the Speakeasy
to host an annual Smoke -Out Choke -Out motorcycle event at said location in
accordance with the terms and conditions of the attached nonexclusive license
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 Speakeasy,
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. The following street is authorized to be closed for the stated purpose, at the
stated times and dates:
o East Chestnut Avenue between South 3rd Street and the east portion of the alley
located between South 3rd Street and South 2 nd Street (leaving alley access open
and clear) to traffic, and a portion of the City -owned parking lot north of The
Speakeasy to Millennium Plaza;
o On the weekend following the Independence Day celebrations between the hours
of 5:OOpm Friday to 2:OOam Sunday.
Section 2.The City Manager of the City of Yakima is hereby authorized and directed to
execute the attached and incorporated nonexclusive license agreement with The
Speakeasy, a for - profit corporation, to facilitate continued hosting of a motorcycle event
at certain times within the City of Yakima.
ADOPTED BY THE CITY COUNCIL this 5th day of June, 2012.
ATTEST: Micah Cawley, Mayor
City Clerk
2
LICENSE AGREEMENT BETWEEN
THE CITY OF YAKIMA
AND THE SPEAKEASY
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 SPEAKEASY a for - profit corporation (hereafter "The Speakeasy ").
1. Nonexclusive License to Conduct Smoke - Out Choke - Out.
a. In consideration of the economic and tourism benefits that are provided to the
Yakima community by the annual Smoke - Out -Choke Out motorcycle event , the
City grants The Speakeasy a nonexclusive license to operate a Smoke -Out Choke -
Out motorcycle event with live music, retail vendors and burn -offs on Chestnut
Avenue between 3rd Street and the east portion of the alley located between S. 2nd
Street and S. 3rd Street (leaving alley access open and clear), and a portion of the
City -owned parking north of the Speakeasy and to Millennium Plaza 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
Smoke -Out Choke -Out 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. Smoke -Out Choke -Out shall be further conditioned by the
following conditions precedent to holding a tournament event.
• The SPEAKEASY shall file and obtain from the Department of
Community and Economic Development a Special Event Permit each
year and comply with the requirements of the permit;
• The burn -out episodes shall comply with the following requirements:
I. The pavement should be watered down before each burnout.
II. A minimum of 45 minutes between each burn -out to allow for
dispersion of the smoke.
III. No burn-out should be allowed after 10 PM because of inversion
conditions that happen in the summer evenings would make
natural dispersion of the smoke difficult.
IV. There shouldbe a one - minute limit on the length of each burn-out
event.
• The Speakeasy shall file a Traffic Control Plan that depicts detour routes,
signage; 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;
• 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.
2. Independent Contractor Status of Smoke -Out Choke -Out. The Speakeasy and
the City understand and expressly agree that The Speakeasy is an independent
contractor in the performance of each and every part of this Agreement. The
Speakeasy, 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 Speakeasy 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 The Speakeasy or any director, official, officer, agent,
member, employee or volunteer of The Speakeasy and the City.
3. Establishment and Maintenance of Records. The Speakeasy 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 The Speakeasy 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 Speakeasy 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
unernployment 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 Speakeasy shall pay the same before it become due.
5. Nondiscrimination Provision. During the performance of this Agreement, the
Speakeasy 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 Speakeasy 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 Speakeasy 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 Speakeasy and /or its members, directors,
officials, officers, agents, member, employees and volunteers.
9. Indemnification and Hold Harmless. The Speakeasy 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 (including attorneys' fees and disbursements)
caused by or occurring by reason of any negligent act and /or omission of the
Speakeasy, 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. As part of the annual Special Event permit process, an
updated insurance certificate will be filed with the City of Yakima in
conformance with YMC 9.70.055. The Speakeasy shall provide the City with a
certificate of insurance as proof of liability insurance with a minimum liability
limit of Commercial. General Liability of one million dollars per occurrence /two
million dollars aggregate combined single limit liability for 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). 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 Speakeasy 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 Speakeasy 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 Speakeasy 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
Community & Economic Development
City of Yakima
129 North Second Street
Yakima, WA 98901
TO THE SPEAKEASY Jason Stiles
The Speakeasy
104 South 3rd 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 Speakeasy 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 THE SPEAKEASY
•
By: B
Michael A. Morales,
Acting City Manager Its:
Date: Date:
ATTEST:
City Clerk
City Contract No.
Resolution No.