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HomeMy WebLinkAboutR-1999-119 Sunfair Festival - Sunfair ParadeRESOLUTION.' NO. R-99- 119 A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Yakima Sunfair Festival Association for the arrangement of tourist promotion services. WHEREAS, the City of Yakima desires tourist. promotion services to promote the Yakima Sunfair Parade; and WHEREAS, the City does not have staffing levels or specialized expertise to prepare said tourist promotion services; and - WHEREAS, the Yakima Sunfair Festival Association has the experience and expertise necessary and is willing to perform said tourist promotion services in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City to contract with the Yakima Sunfair Festival Association, Inc. to utilize their experience and expertise in accordance with the terms of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated Promotion Services Agreement with . the Yakima Sunfair Festival Association for the arrangement of tourist promotion services. ADOPTED BY THE CITY COUNCIL this 7th day of September, 1999. ATTEST: City Clerk (lk)res/sunfair 99.pm John Puccinelli, Mayor PROMOTION SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA SUNFAIR FESTIVAL ASSOCIATION THIS AGREEMENT is made and entered into by and between the City of Yakima, hereinafter "City," and the Yakima Sunfair Festival Association, hereinafter "Sunfair." WHEREAS, the City desires tourist promotion services to promote the Yakima Sunfair Parade. WHEREAS, the City does not have staffing levels or specialized expertise necessary to provide said tourist promotion services. WHEREAS, Sunfair has the experience, expertise, and staff to provide said tourist promotion services. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Sunfair as follows: 1. Tourist Promotion Services. Sunfair agrees to provide tourist promotion services to promote the Sunfair Parade on September 25, 1999, including parade picnics, gatherings, and other organizational activities. 2. Term of Agreement. Sunfair shall commence services required hereunder upon execution of this Agreement and shall complete all services and work required by this Agreement on or by September 25, 1999. 3. Consideration. In consideration of Sunfair's performance of all terms and conditions of this Agreement, the City agrees to pay Sunfair a total sum not to exceed One Thousand Dollars ($1,000.00). Payment is expressly conditioned upon Sunfair providing satisfactory work and services to the City and corresponding documentation evidencing/describing said completed work and services to the City. 4. Status of Sunfair. Sunfair and the City understand and expressly agree that Sunfair is an independent contractor in the performance of each and every part of this Agreement. Sunfair, its members, and employees shall make no claim of City employment nor shall claim any related employment benefits, social security and/or retirement benefits. 5. Taxes and Assessments. Sunfair shall be solely responsible for compensating its 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 Page 1 of 4 (Ik)agr/sunfair 99 2.pm against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, Sunfair shall pay the same before it becomes due. 6. Nondiscrimination Provision. During the performance of this Agreement, Sunfair shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of race, 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 provision of services under this Agreement. 7. The Americans with Disabilities Act. Sunfair 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. 8. Compliance with Law. Sunfair agrees to perform those 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. 9. No Insurance. It is understood the City does not maintain liability insurance for Sunfair and/or its officers, employees, agents and volunteers. 10. Indemnification and Hold Harmless. Sunfair shall defend, indemnify, and hold harmless the City, its agents, officers, employees, and elected officials from and against all claims, causes of action, lawsuits, damages, fines, penalties, losses, costs, and expenses of any kind or nature whatsoever (including reasonable attorney's fees) arising out of, relating to, or resulting from Sunfair's performance or non-performance of the services, duties and obligations required of it under this Agreement. 11. Liability Insurance. On or before the date this Agreement is fully executed by the parties, Sunfair 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, its officers, agents, employees, and elected officials as additional insureds. The policy shall also contain a clause that the insurer will not cancel or change the insurance Page 2 of 4 (Ik)agr/sunfair 99 2.pm 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 or liability 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. 12. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Sunfair 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 Sunfair stated herein. 13. 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. 14. Integration. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 15. Non -Waiver. The waiver by Sunfair or the City of the breach of any provision, duty or condition 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, duty or condition. 16. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party ten (10) days advance written notice of termination. 17. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO CITY: TO SUNFAIR: Page 3 of 4 (Ik)agr/sunfair 99 2.pm City Manager City of Yakima 129 North 2nd Street Yakima, WA 98901 Vice President/Director Yakima Sunfair Festival Association P.O. Box 471 Yakima, WA 98907 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. 18. 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. 19. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. 20. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA By: Di Zais, City Manager Date: ATTEST: -41 City Clerk City Contract No. 99-106 Resolution No. Page 4 of 4 pk)agr/sunfair 99 2.pm R-99-119 YAKIMA SUNFAIR FESTIVAL ASSOCIATION Date: fqf First Financial Insurance Company CERT I F I C A T E OF INSURANCE THIS CERTIFICATE OF INSURANCE IS ISSUED ONLY FOR INFORMATIONAL PURPOSES. IT DOES NOT CONFER ON THE CERTIFICATE HOLDER ANY RIGHTS OR COVERAGES OR REQUIRE OF THE CERTIFICATE HOLDER ANY DUTIES OUTSIDE OF THE POLICY. THE ENTIRE POLICY MUST BE READ CAREFULLY TO DETERMINE RIGHTS, DUTIES, AND WHAT IS AND WHAT IS NOT COVERED. INSURED: YAKIMA SUNFAIR FESTIVAL ASSOCIATION PO BOX 471 YAKIMA, WA 98907 POLICY NUMBER: F 0053G411136 COVERAGES: AUTHORIZED REPRESENTATIVE: VIRGINIA WRIGHT 623 S 1ST ST SELAH, WA 98942-0355 POLICY EFFECTIVE DATE: POLICY EXPIRATION DATE: 09/24/99 09/26/99 THIS IS TO CERTIFY THAT THE POLICY OF INSURANCE LISTED BELOW HAS BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICY DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICY. TYPE OF INSURANCE (INDICATED BY X) GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS: PARADE CERTIFICATE HOLDER: ADDITIONAL INSURED/CITY OF YAKIMA, ITS OFFICERS, AGENTS, EMPLOYEES & ELECTED OFFICIALS C/0 KAREN ROBERTS, CITY CLERK 129 N 2ND ST YAKIMA, WA 98901 DATE CERTIFICATE ISSUED: 09/10/99 BG -C-09 993 LIMITS OF INSURANCE GENERAL AGGREGATE $ 1,000,000.00 PRODUCTS-COMP/OPS AGGREGATE $ EXCLUDED PERSONAL & ADVERTISING INJURY $ 1,000,000.00 *Included in Each Occurrence Limit EACH OCCURRENCE $ 1,000,000.00 FIRE DAMAGE (Any one fire) $ 50,000.00 MEDICAL EXPENSE (Any one person) $ 1,000.00 * CANCELLATION: SHOULD THE ABOVE DESCRIBED POLICY BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE SIGNED 1)(2 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY) 09/21/00 POLICY NUMBER PRODUCER VIRGINIA WRIGHT 623 S 1ST ST SELAH WA 98942-0355 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED YAKIMA SUNFAIR FESTIVAL ASSOCIATION PO BOX 471 YAKIMA WA 98907 1 INSURER A:FIRST FINANCIAL INSURANCE COMPANY INSURER 8: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POIJCY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY F0053G411705 09/22/00 09/24/00 EACH OCCURRENCE $ 1000000 X FIRE DAMAGE (Any one fire) $ 50000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 1000 PERSONAL & ADV INJURY $ 1060000 GENERAL AGGREGATE $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER: -1 PRODUCTS - COMP/OP AGG $ RO- POLICY JECT LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC SL 11- MIT TORY LIMITS EER R E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PARADE CERTIFICATE HOLDER X 1 ADDITIONAL INSURED; INSURER LETTER: CANCELLATION ADDITIONAL INSURED/CITY OF YAKIMA, ITS OFFICERS, AGENTS, EMPLOYEES & ELECTED OFFICIALS C/0 KAREN ROBERTS 129 N 2ND ST YAKIMA WA 98901 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORED REPRESENTATIVE ACORD 25-S (7/97) © ACORD CORPORATION 1988 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / For the meeting of Sept. 7, 1999 ITEM TITLE: Legislation authorizing execution of Agreement for Contractual Services SUBMITTED BY: Department of Finance & Budget CONTACT PERSON/TELEPHONE: Cindy Epperson, Cegt5unting Manager / 575-6070 SUMMARY EXPLANATION: During the Budget review and adoption process, the City Council approved expenditure authorizations for several contractual programs provided by outside agencies. The attached contractual agreement with the Yakima Sunfair Association provides the terms and conditions to be performed by the agency to receive payment under the contract. The contract is very similar to prior year agreement. The 1999 contract amount for Yakima Sunfair Association is $1,000. Resolution X Ordinance Contract _ Other (Specify) Agreement Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff recommends passage of Resolution and authorize execution of the agreement. BOARD/COMIVIISSION RECOMMENDATION: COUNCIL ACTION: Legal/BD 4 Agenda JH