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HomeMy WebLinkAboutR-2001-030 Yakima Sunfair Festival Association AgreementRESOLUTION NO. R-2001- 30 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. ADOP'1'ED BY THE CITY COUNCIL this 20th day of February, 2001. AT'1'EST: City Clerk ak)res/sunfa r01.pm ACC M"Place, 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 29, 2001, 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 29, 2001. 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 Six Hundred Sixty Seven and No/100 Dollars ($667.00). 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/+unfair Ot.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. 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 Page 2 of 4 (1k}agr/.unfuv 01.pm obligation or liability of any kind upon the company11 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 and Supersession. 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: 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. Page 3 of 4 Qk)agr/. f.ir )1 pm 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 YAKIMA SUNFAIR FESTIVAL ASSOCIATION Dick Zais, City anager Date: ATTEST: t7fvb City Clerk City Contract No. 2001-14 Resolution No. R-2001-30 Page 4 of 4 (Ik)agr/wnhv 01.pm By: V `, , Its: Date: 2. l ZG (® BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /OA For the meeting of: 2/20/01 ITEM TITLE: A Resolution authorizing execution of an agreement with theYakima Sunfair Festival Association SUBMITTED BY: Cindy Epperson, Accounting Manager Paul McMurray, Legal Department CONTACT PERSON/TELEPHONE: Cindy Epperson, 575-6070 Paul McMurray, 575-6030 SUMMARY EXPLANATION: As a part of the 2001 Budget, the City agreed to participate in the Sunfair Parade for this year. The attached agreement identifies the responsibilities of the Yakima Sunfair Festival Association and the City with regard to the event. Upon completion of the event, scheduled for September 29, 2001, the City will contribute $667 to cover costs as identified in the agreement. Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Vice President/Director, Yakima Sunfair Festival Association, P.O. Box 471, Yakima, WA 98907 Funding Source: Intergovernmental Section of General Fund Budget APPROVED FOR SUBMITTAL: ie/Li City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-30 Legal/BD 1