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Home My WebLink AboutR-2001-032 Yakima 4th of July Committee agreementRESOLUTION NO. R-2001- 32 A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Yakima Fourth of July Committee to provide a fireworks display on the evening of July 4, 2001. WHEREAS, the City desires a fireworks display on the evening of July 4, 2001 for the benefit of the public and to celebrate the independence of the United States of America; and WHEREAS, the City has budgeted $5,533.00 in 2001 for said fireworks display; and WHEREAS, the City does not have the specialized expertise necessary to provide said fireworks display; and WHEREAS, the Yakima Fourth of July Committee has the experience, expertise, materials, and personnel to provide said fireworks display; and WHEREAS, the City Council deems it to be in the best interest of the City to contract with the Yakima Fourth of July Committee to utilize their experience, expertise, materials, and personnel 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 "Fireworks Display Agreement between the City of Yakima and the Yakima Fourth of July Committee" for the purpose of providing a fireworks display on the evening of July 4, 2001. ADOPTED BY THE C1'1'Y COUNCIL this 20th day of February, 2001. ATTEST: City Clerk (I10rcs/4th of July 01 /pm ry Place, Mayor FIREWORKS DISPLAY AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE YAKIMA FOURTH OF JULY COMMITTEE THIS AGREEMENT is made and entered into by and between the City of Yakima, hereinafter the "City," and the Yakima Fourth of July Committee, a nonprofit corporation, hereinafter the "Committee." WHEREAS, the City desires a fireworks display on the evening of July 4, 2001, for the benefit of the public and to celebrate the independence of the United States of America. WHEREAS, the City has budgeted Five Thousand Five Hundred Thirty -Three Dollars ($5,533.00) in 2001 for said fireworks display. WHEREAS, the City does not have the specialized expertise necessary to provide said fireworks display. WHEREAS, the Committee has the experience, expertise, materials, and personnel to provide said fireworks display. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and the Committee as follows: 1. Scope of Services. The Committee agrees to provide a fireworks display (including necessary personnel and materials) on the evening of July 4, 2001. 2. Term of Agreement. The term of this Agreement commences upon execution hereof and shall terminate upon payment by the City of the necessary consideration to Committee stated in Section 3, unless sooner terminated by either party in accordance with Section 14. 3. Consideration. In consideration of the Committee's performance of all terms and conditions of this Agreement, the City agrees to pay the Committee a total sum not to exceed Five Thousand Five Hundred Thirty -Three Dollars ($5,533.00). Payment is expressly conditioned upon the Committee providing a satisfactory fireworks display and corresponding documentation evidencing/describing said completed fireworks display. 4. Status of Committee. Committee and the City understand and expressly agree that Committee is an independent contractor in the performance of each and every part of this Agreement. Committee and its employees shall make no claim of City Page 1 of 4 Ok)agr/41hofJ Iy01/pm employment nor shall claim against the City any related employment benefits, social security, and / or retirement. 5. Taxes and Assessments. Committee 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, Committee shall pay the same before it becomes due. 6. Nondiscrimination Provision. During the performance of this Agreement, Committee 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, and selection for training. 7. Compliance with Law. Committee 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. 8. No Insurance. It is understood the City does not maintain liability insurance for Committee and / or its employees. 9. Indemnification and Hold Harmless. Committee shall defend, indemnify, and hold harmless the City, its elected officers, officials, employees and agents from and against all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from Committee's performance or non-performance of the services, duties and obligations required of it under this Agreement. 10. Liability Insurance. On or before date this Agreement is fully executed by the parties, Committee shall provide the City with a certificate of insurance as proof of liability insurance with 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 elected officials, officers, agents, and employees as additional insureds, 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 Page 2 of 4 (IkM[f/Ith of July 01 /par 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. 11. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Committee 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 Committee 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. Integration. This written document constitutes the entire agreement between the City and Committee. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 14. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party ten (10) days advance 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 to their addresses as follows: TO CITY: TO COMMITTEE: City Manager City of Yakima City Hall 129 North 2nd Street Yakima, WA 98901 Shane Pierone Yakima Fourth of July Committee P.O. Box 10702 Yakima, WA 98909 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 Page 3 of 4 (1k)agr/4th of luly O1/pm 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. CITY OF YAKIMA YAKIMA FOURTH OF JULY COMMITTEE By: a s R. A. Zais, Jr., City Manager DATE: 1" -,R;; -G' / ATTEST: -'6 City Clerk Contract No. 2001-16 Resolution No. R-2001-32 Page 4 of 4 (1k)op/9th of July 01 /pm Shane Piergne, President DATE: 0/ ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. IO C. For the meeting of: 2/20/01 A Resolution authorizing execution of an agreement with the Yakima 4th of July Committee Cindy Epperson, Accounting Manager Paul McMurray, Legal Department CONTACT PERSON/TELEPHONE: Cindy Epperson,6070 Paul McMurray, 575-6030 SUMMARY EXPLANATION: As a part of the 2001 Budget, the City agreed to participate in the 4th of July Celebration for this year. The attached agreement identifies the responsibilities of the 4th of July Committee and the City with regard to the event. Upon completion of the event, the City will contribute $5,533 to cover costs as identified in the agreement. Resolution X Ordinance _ Other (Specify) Contract X Mail to (name and address): Shane Pierone, Yakima Fourth of July Committee, P.O. Box 10702, Yakima, WA 98909 Funding Source: Fire Budget APPROVED FOR SUBMITTAL: 494„-ee,„(</lc sz-7 City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Legal/BD 1 Resolution adopted. RESOLUTION NO.. R-2001-32