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HomeMy WebLinkAboutR-1999-125 High school basketball tournaments - SundomeRESOLUTION NO. R-99-125 A -RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Central Washington Fair Association to promote and attract Washington State high school basketball tournaments to the Yakima Sundome. WHEREAS, the City of Yakima desires 'that Washington State high school basketball tournaments be held at the Yakima Sundome; and WHEREAS, the City would economically benefit if various state high school basketball tournaments were held at the Yakima Sundome through the. generation of significant sales tax and motel tax revenues provided by participants, parents and fans of said tournaments; and WHEREAS, the Central Washington Fair Association ("Fair Association") also desires to host state high school basketball tournaments at the Yakima Sundome; and WHEREAS, the Fair Association has located and purchased a second basketball court floor for use at the Yakima Sundome in order to improve the physical capabilities of the facility to host such basketball tournaments; and WHEREAS, the Fair Association has paid approximately $50,000 to purchase and move the second basketball floor and has requested an $8,000 contribution from both -the City and Yakima County; and WHEREAS, Yakima County has provided $8,000 to the Fair Association in response to said financial contribution request; and WHEREAS, due in part to the addition of the second basketball court, the Yakima Sundome and the Fair Association will be hosting the Washington State 2A high school basketball tournament in 2000, and will be hosting both the Washington State 2A and 1A high school basketball tournaments in 2001; and WHEREAS, due in part to the addition of the second basketball court, it is anticipated that the Fair Association will be able to obtain additional commitments for additional basketball tournaments to be held at the Yakima Sundome in future years; and WHEREAS, each of these tournaments is a four-day event that will result in a large number of participants, parents and fans visiting and staying in the City; and WHEREAS, it is anticipated that these participants, parents and fans will generate significant increased sales tax and motel tax revenues in the City during their visit; and Page - 1 (Ik}rescen wash fair assn basketball.pm WHEREAS, the Fair Association has the experience and expertise necessary to provide promotion services to attract other high school basketball tournaments to the Yakima Sundome and is willing to provide these promotion services in accordance with -the terms and .conditions of the attached agreement; and :WHEREAS, the City Council has determined that it is ,in the best interest of the City to contract with the Fair Association 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 between the. City of Yakima and the Central .. Washington Fair Association for the purpose of. promoting and attracting .Washington, State high school basketball tournaments to the Yakima Sundome. The final form of the Agreement shall be approved by the City Attorney. ADOPTED BY THE CITY COUNCIL this 21st_day of September, 1999. ATTEST: City Clerk Page -2 (Ik)res-cen wash fair assn basketball.pm John Puccinelli, Mayor PROMOTION SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA AND CENTRAL WASHINGTON FAIR ASSOCIATION THIS PROMOTION SERVICES AGREEMENT (hereinafter "Agreement") is made andentered into by and between the City of Yakima (hereinafter "City"), and the Central Washington Fair Association, a non-profit organization (hereinafter "Fair Association"). WHEREAS, the City would economically benefit if various state high school basketball tournaments were held at the Yakima Sundome through the generation of significant sales tax and motel tax revenues provided by participants, parents and fans of said tournaments. WHEREAS, the Fair Association also desires to host state high school basketball tournaments at the Yakima Sundome. WHEREAS, the Fair Association has located and purchased a second basketball court floor for use at the Yakima Sundome in order to improve the physical capabilities of the facility to host such basketball tournaments. WHEREAS, the Fair Association has paid approximately $50,000 to purchase and move the second basketball floor and has requested an $8,000 contribution from both the City and Yakima County. WHEREAS, Yakima County has provided $8,000 to the Fair Association in response to said financial contribution request. WHEREAS, due in part to the addition of the second basketball court, the Yakima Sundome and the Fair Association will be hosting the Washington State 2A high school basketball tournament in 2000, and will be hosting both the Washington State 2A and 1A high school basketball tournaments in 2001. WHEREAS, due in part to the addition of the second basketball court, it is anticipated that the Fair Association will be able to obtain additional commitments for additional basketball tournaments to be held at the Yakima Sundome in future years. WHEREAS, each of these tournaments is a four-day event that will result in a large number of participants, parents and fans visiting and staying in the City. WHEREAS, it is anticipated that these participants, parents and fans will generate significant increased sales tax and motel tax revenues in the City during their visit. Page 1 of 5 (Ik)agr/central wash fair assoc bask.pm NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises, and agreements set forth herein, it is agreed by and between the City and the Fair Association as follows: 1. Promotion Services. The Fair Association agrees to provide promotion services to attract and contract with appropriate organizations to ensure that some, but not all, Washington State high school basketball tournaments are held at the Yakima Sundome during the next five years (2000-2004). 2. Term of Agreement. This term of this Agreement shall commence upon full execution by the parties and shall terminate at midnight, December 31, 2004, unless sooner terminated by either party in accordance with Section 16 of this Agreement. 3. Consideration. In consideration of the Fair Association's performance of all terms and conditions of this Agreement, the City agrees to pay the Fair Association a total sum not to exceed Eight Thousand Dollars ($8,000.00). The City shall pay the Fair Association said sum within forty-five (45) days of commencement of this Agreement. 4. Status of Fair Association. The Fair Association and the City understand and expressly agree that the Fair Association is an independent contractor in the performance of each and every part of this Agreement. The Fair Association, 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. The Fair Association 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 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, the Fair Association shall pay the same before it becomes due. 6. Nondiscrimination Provision. During the performance of this Agreement, the Fair Association 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. The Fair Association 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 Page 2 of 5 (Ik)agr/central wash fair assoc bask.pm 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. The Fair Association 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 the Fair Association and/or its officers, employees, agents and volunteers. 10. Indemnification and Hold Harmless. The Fair Association 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 the Fair Association'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, the Fair Association 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 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 the Fair Association 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 Fair Association 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. Page 3 of 5 (Ik)agr/central wash fair assoc bask.pm 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 the Fair Association 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. In the event of such termination, the City shall be entitled to a refund of a pro -rata share (as spread out over the expected term of this Agreement provided in Section 2) of the consideration paid to the Fair Association under Section 3 of this Agreement. In the event of such termination, the Fair Association shall provide the City with said pro -rata refund within forty-five (45) days of the effective termination date. 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 FAIR ASSOCIATION: City Manager City of Yakima 129 North 2nd Street Yakima, WA 98901 Greg G. Stewart, President & General Manager Central Washington Fair Association P. 0. Box 1381 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. Page 4 of 5 (1k)agr/central wash fair assoc bask.pm 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 CENTRAL WASHINGTON FAIR By: Dick Zais, City Manager Date: ASS t •IATION twiwzg yam Greg G. Stewart Title: President & General Manager Date: October 25, 1999 City Contract No. 99-112 Resolution No. R-99-125 Page 5 of 5 (1k)agr/central wash fair assoc bask.pm (2( rirfinu,. ?JA. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of 9/21/99 ITEM TITLE: Resolution Authorizing the City Manager and City Clerk to Execute "Promotion Services Agreement" between City of Yakima and Central Washington Fair Association SUBMITTED BY: Chris Waarvick, Public Works Directo CONTACT PERSON/TELEPHONE: Chris Waarvick/576-6411 SUMMARY EXPLANATION: Staff respectfully requests City Council approval of the attached resolution authorizing the City Manager and City Clerk to execute the attached "Promotion Services Agreement" between the City of Yakima and the Central Washington Fair Association. By past Council approval (July 20, 1999, Agenda Item #13) of a request for a contribution of $8,000 to procure and install a basketball floor for the Sundome to accommodate high school basketball tournaments, this action formally allows for the donation to proceed. City Council also directed that the contribution be funded from the City's general contingency resources. Resolution.. Ordinance Contract .X. Other (Specify) Funding Source_ APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests City Council approval of the attached resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: basketball floor contract 9/15/99 cw