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HomeMy WebLinkAboutR-1992-D6110 Tree Top / Bike Race• • RESOLUTION NO. 016110 A RESOLUTION: Authorizing execution of an Agreement with Tree Top Inc. WHEREAS, the Parks and Recreation Division of the Department of Public Works recognizes the regional and national significance of the Tree Top Bicycle Classic; and WHEREAS, Tree Top Inc. in conjunction with, the Chinook Cycling Club and Memorial Hospital possesses the expertise needed to conduct the Tree Top Bicycle Classic; and WHEREAS, Tree Top Inc. has offered to provide this expertise to the City of Yakima i return for the services spelled out in. this Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with Tree Top Inc. f these services, now, therefore, BE rr '2OLVED BY THE CITY COUNCIL OF CITY OF YAKIMA: The City Manager and the City Clerk are hezeby authwized and directed to execute the attached and incorporated "1992. Agreement Between the City of Yakima and Tree Top Inc." for the period from March 1, 1992 to July 1, 1992. ADOPTED BY THE CITY COUNCIL THIS fct7P , 1992. ATTEST: City Cler zgri7- day of FOR OFk ICIAL USE ONLY: CONTRACT NO: Provider: Address: Phone: Expenditure Code: 1992 AGREEMENT BETWEEN THE CITY OF YAKIMA AND TREE TOP INC. This Agreement is made and entered into the day of by and between the City of Yakima, Department of Public Works, Parks and Recreation Division, herein referred to as the "City" and Tree Top Inc., a Corporation herein referred to as "Tree Top." WHEREAS, the City finds it necessary to contract with Tree Top to plan, implement and promote the 1992 Tree Top Bicycle Classic. WITNESSETH: That for and in consideration of mutual covenants, promises and agreements herein contained, the parties mutually agree as follows: 1. The responsibility of planning, implementing and promoting the Tree Top Bicycle Classic is assumed by Tree Top. 2. During the performance of this Agreement, Tree Top shall not discriminate on the basis of race, color, sex, religion, national origin, creed, or the presence of any sensory, mental or physical handicap. 3. Special areas of responsibilities for both the City and Tree Top are contained in Attachment "A" which is attached and incorporated into this Agreement. 4. It is expressly agreed upon by both parties that Tree Top employees are not employees of the City., and for purposes of this event they are strictly volunteers. 5. It is understood that the City does not maintain liability insurance on Tree Top and/or its employees. 6. Tree Top shall defend, indemnify and hold harmless the City, its agents, officers and employees from any and all liability resulting out of the performance of this Agreement. 7. On or before April 17, 1992, Tree Top shall provide to the City's Athletic Coordinator proof of liability insurance in the amount of one million dollars that dearly states 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 and shall name as additional insureds the City, its agents, officers and employees. 8. As consideration for the services specified in this Agreement, Tree Top agrees to compensate the City according to the payment schedule, Attachment "B" which is attached and incorporated into this Agreement. 9. This Agreement, or any interest therein, cannot be assigned in whole or in part by Tree Top to any other party unless mutually agreed upon by both the City and Tree Top. 10. If Tree Top fails to comply with the terms and conditions of this Agreement in such a manner that the Parks and Recreation Manager in his sole discretion deems that the continuation of this Agreement is no longer in the best interest of the City, the City may terminate this Agreement by written notice, giving Tree Top five (5) days notice of termination. 11. L+E the City fails to comply with the terms and conditions of this Agreement, Tree Top may terminate this Agreement by written notice, giving the City fifteen (15) days notice of termination. 12. If for any reason prior to termination of this Agreement as provided herein Tree Top fails to provide the services specified in this Agreement, Tree Top shall pay the City in full for all services provided toward the 1992 Tree Top Bicycle Classic. Tree Top pay the City for any and all additional expenses to the City if such a failure should occur. 13. All notices required by this Agreement shall be deemed properly served when deposited in the United States Mail three (3) days prior to any deadline listed herein, postage prepaid, and addressed to the appropriate party at the addresses listed below. 14. This Agreement constitutes the entire Agreement between the parties. There are no other oral or written Agreements between the parties as to the subjects covered herein. 15. 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 force. TREE TOP INC. Authorized Signature Title Address City State Zip Work Phone No. CITY OF YAKIMA Home Phone No. Date ATTEST: City Manager Date City Clerk ATTACHMENT "A" 1. The City of Yakima Parks and Recreation Division shall: A. Provide Pre -Race Services 1. Promote the Tree Top Bicycle Classic in its 1992 Spring Program Guide. Do its utmost to see that its efforts contribute to the ongoing success of the Tree Top Bicycle Classic. 2. Develop registration material and procedures, sending the material to Tree Top for typesetting, printing and inclusion in the Tree Top Bicycle Classic Promotional Packet. 3. Submit to Tree Top a list of office supplies needed for the registration process on or before April 5, 1992. 4. Handle public inquiries regarding general information concerning the Tree Top Bicycle Classic. 5. Refer specific inquiries to the Race Director, or other appropriate person as necessary. 6. Mail Tree Top Bicycle Classic registration information to inquiries as requested. B. Register Tree Top Bicycle Classic Participants 1. Become the receiving point for all registrations and entry forms. 2. Verify registration information and make sure it is complete. 3. Receipting registrations, T-shirt and other fees. 4. Registration receipts to be included in entrant's race packet. 5. Recording of entrant data. 6. Collect additional information from entrant as necessary. 7. Processing of NSF checks. 8. Confirming the number and level of all entrants. 9. Assigning of race numbers to entrants. 10. Coordinate with the Race Director the assembling of the materials and preparation of the pre -registration entrant's packets. C. Provide On -Site Registration on Race Day(s). 1. Prepare extra registration packets on or before the day(s) of the Tree Top Bicycle Classic. 2. Provide staff to collect and process registration fees for both Tree Top Bicycle Classic day(s). 3. Provide registration information to the Race Director necessary to run each race, such as; specific entrant information, outstanding fees to be collected on-site, NSF checks, etc. 2. Tree Top Inc. shall: A. Acknowledge the City in all marketing and promotional materials and advertising associated with the 1992 Tree Top Bicycle Classic. B. Provide the City with all office supplies need to register entrants by April 12,1992. C. Reimburse the City for all direct costs associated with the Tree Top Bicycle Race up to a maximum of $3.00 per entry. D. Pay the City a late fee of $5.00 for every registration received after April 24, 1992, and including on-site registration. E. Provide a written post -race summary to the City's Athletic Coordinator on or before May 17, 1992 by 5:00 p.m. The City has the right of set-off as to any reimbursement for failure to perform. AIIACHMENT "B" PAYMENT SCHEDULE: 1. The City of Yakima Parks and Recreation Division shall: A. Pay the Tree Top Race Committee all collected race fees received to -date, by May 2, 1992, with appropriate estimated City fees and charges withheld. B. Provide an itemized statement to the Tree Top Race Committee specifically spelling out all City fees and charges accrued as of May 1,1992. C. Provide the Tree Top Race Committee a final reconciliation of accounts, complete with billing and adjusted payment if necessary by May 31,1992. D. Provide a post -race report by May 31, 1992, which itemizes all actual expenses incurred by the City, and the fees paid by the Tree Top Race Committee. 2. Tree Top Inc. shall: A. Pay the City a $5.00 processing fee for any NSF checks processed, plus the collection fee if taken to collection. B. Pay the City for all direct costs associated with the Tree Topp Bicycle Classic up to a maximum of $3.00 per entry. C. Pay the City a late registration fee of $5.00 for every registration received after April 24 and including on-site registration. D. Provide the City with a complete written post -race financial statement no later than June 5, 1992 by 5:00 p.m. The City has the right of set-off as to any accrued fees in the nature of a penalty or reimbursement for failure to perform. E. Pay the City for all actual expenses incurred and itemized by the City in its post -race report on or before June 15, 1992, BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / a - For the Meeting of April 28. 1992 ITEM TITLE: Agreement Between the City of Yakima and Tree Top Inc. for the Annual Tree Top Bike Race SUBMITTED BY: Jerry Copeland, Director of Public Works CONTACT PERSON/TELEPHONE: David Flaherty, Parks and Recreation Mana r 575-6020w SUMMARY EXPLANATION: Attached is the 1992 Agreement Between the City of Yakima and Tree Top Inc. for the 7th Annual Tree Top Bicycle Classic. Parks and Recreation Division assists with the race by registering all riders and assigning rider categories. This is the seventh year in which the City has been actively involved. X Resolution Ordinance X Contract Minutes Plan/Map Notification List Other (Specify) APPROVED FOR SUBMITTAL: Cale City Manager STAFF RECOMMENDATION: City Council approve the attached Agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: s I LD