HomeMy WebLinkAboutBear Event Services - Restroom Facilities for Downtown Tursday Night Eve SERVICES AGREEMENT
Special Event Services — Bear Event Services,
(Restroom Facilities — Downtown Thursday Night Events)
THIS PERSONAL SERVICES AGREEMENT, hereinafter an "Agreement," is
made and entered into by and between the City of Yakima, a Washington State municipal
corporation (hereinafter the "City "), and Bear Event Services (hereinafter "Contractor").
I. RECITALS
A. City is a municipal corporation of the State of Washington with City Hall located at
129 North 2 "d Street, Yakima, Washington 98901.
B. Contractor is a limited liability company known as "Bear Event Services" operated
by Wendy Verkist, with local business offices at 907 South 28th Avenue, Yakima,
Washington 98902.
C. City desires to facilitate a series of special event concerts and associated activities
for the benefit of the community, to occur on the ten (10) consecutive Thursday evenings
from 5:00 p.m. to 9:00 p.m., commencing June 16, 2016 and ending August 18, 2016,
with certain dates in the months of June, July and August, 2016. These events will feature
free concerts and entertainment intended to benefit the public and promote the cultural,
recreational, educational and economic development interests of the community. In order
to facilitate these special events, City desires to enter into an agreement whereby
Contractor agrees to provide restroom facilities to serve patrons of such special events.
D. Contractor has the experience and ability to provide the needed services and
facilities to accomplish such purposes.
E. The parties desire to enter into an Agreement for the provision of such services
and facilities pursuant to the terms and conditions set forth herein and below.
II. AGREEMENT
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
Contractor as follows:
1. Special Events — Schedule. The special events subject to this Agreement
are the 2016 Thursday Evening Downtown Event Series, and shall consist of concerts,
entertainment and related productions, open to the public at no admission charge, on the
following dates:
June 16, 23, 30
July 7, 14, 21, 28
August 4, 11, 18
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The special events shall occur between the hours of 5:00 p.m. and 9:00 p.m. on such
dates. Any variation of the dates and times described above shall be mutually agreed
upon by the parties.
2. Special Events Location. Each of the special events in the above described
series will be scheduled to occur within and upon North Front Street between Yakima
Avenue and Staff Sergeant Pendleton Way, within the City. City shall provide all
necessary permissions to accomplish the closure of such area to vehicular traffic, except
for: (a) incidental vehicular access to facilitate the events; (b) vehicular access to and
from the Yakima County Jail and nearby businesses, if necessary; and (c) emergency
vehicle access to and from the event site. Notwithstanding the above, the parties by
mutual agreement may designate other suitable locations for any of the special events.
3. Scope of Work. Contractor shall place, install and provide public restroom
facilities, consisting of portable facilities in such numbers deemed appropriate by City,
and in such location(s) deemed suitable by City in the area where the special events will
be conducted, to serve the patrons of the special events described in Section 1 above,
and otherwise do all things necessary for or incidental to the performance of the work.
Contractor shall also be responsible to remove the restroom facilities at the conclusion of
each special event and to clean and remove any trash and waste generated through use
of the restroom facilities.
4. City's Responsibilities. In addition to compensation paid to Contractor
pursuant to Section 5 below, the City shall provide the following services to facilitate the
special events:
a. City will provide trash receptacles.
b. City will provide appropriate closure of streets at the event site, with appropriate
barricades and signage.
C. City will provide security for the event.
d. City will provide a person with appropriate authority to serve as event liaison.
5. Compensation. The City shall pay Contractor each week the sum of Four
Hundred Dollars ($425.00), plus applicable sales tax, for a total of ten (10) weeks, as full
compensation for all services provided pursuant to this Agreement. This amount shall be
paid weekly in accordance with payment procedures of the City, or as otherwise agreed
by the parties.
As set forth above, total compensation to Contractor under this Agreement shall not
exceed $4,250.00, plus applicable sales tax. All payments are expressly conditioned
upon Contractor providing services hereunder satisfactory to the City. Contractor shall
be solely responsible for payment of all sales taxes to the Department of Revenue of the
State of Washington or other applicable department as required by law.
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6. Term of Agreement. The term of this Agreement shall commence upon full
execution by all parties and shall terminate upon full performance of Contractor's service
hereunder and City's payment of compensation. This Agreement may be terminated by
either party in accordance with Section 18 of this Agreement.
7. Status of Contractor. The Contractor and the City understand and expressly
agree that Contractor is an independent contractor in the performance of each and every
part of this Agreement. The Contractor, as an independent contractor, assumes the entire
responsibility for carrying out and accomplishing the services required under this
Agreement free from supervision by the City over the methods and details of performance
except as provided herein. Additionally, and as an independent contractor, Contractor
and its employees shall make no claim against the City for employment benefits, social
security, and /or retirement benefits. Nothing contained herein shall be interpreted as
creating a relationship of servant, employee, partnership or agency between Contractor
or any officer, employee or agent of Contractor and the City.
8. Taxes and Assessments. Contractor 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, Contractor shall pay the same before it becomes due.
9. Non - Discrimination. During the performance of this Agreement, Contractor 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, or any other basis
set forth in federal, state or local law. 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.
10. Compliance With Law. Contractor agrees to perform all 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.
11. No Conflict of Interest. Contractor represents that he and /or his employees do
not have any interest and shall not hereafter acquire any interest, direct or indirect, which
would conflict in any manner or degree with the performance of this Agreement.
12. No Insurance provided by City. It is understood the City does not maintain
liability insurance for Contractor and /or his employees.
13. Indemnification and Hold Harmless
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(a) Contractor agrees to protect, defend, indemnify, and hold harmless the City,
its elected and appointed officials, officers, employees, agents, and volunteers from any
and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other
proceedings and all judgments, awards, costs and expenses (including reasonable
attorneys' fees and disbursements) arising out of or resulting from performance pursuant
to this Agreement, and /or resulting from death or bodily injury to any person or damage
or destruction to a third party or third parties to the extent caused by any negligent act
and /or omission of Sponsor, its officers, employees, agents, volunteers, contractors
and /or subcontractors, arising out of the performance of this Agreement or the event.
(b) Nothing contained in this Section or this Agreement shall be construed to
create a liability or a right of indemnification in any third party.
14. Insurance
(a) At all times during performance of the Services, Contractor shall secure and
maintain in effect insurance to protect the City and Contractor from and against
all claims, damages, losses, and expenses arising out of or resulting from the
performance of this Contract. Contractor shall provide and maintain in force
insurance in limits acceptable to the City and sufficient to cover costs of
defense and indemnification as set forth in Section 13 above. The City
reserves the right to require higher limits should it deem it necessary in the best
interest of the public.
(b) (b) Commercial General Liability Insurance. Before this Agreement is fully
executed by the parties, Sponsor shall provide the City with a certificate of
insurance as proof of commercial liability insurance and commercial umbrella
liability insurance with a total minimum liability limit of Two Million Dollars
($2,000,000.00) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) general aggregate (per
project). The policy shall include employer's liability (Washington Stop
Gap). The certificate shall clearly state who the provider is, the coverage
amount, 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 and appointed officials, officers, agents,
employees, and volunteers as additional insureds, and shall contain a clause
that the insured will not cancel or change the insurance without first giving the
City thirty (30) calendar days prior written notice. 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.
15. Assignment. This Agreement, or any interest herein, or claim hereunder, shall
not be assigned or transferred in whole or in part by the Contractor 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 Contractor as stated herein.
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16. Integration. This written document constitutes the entire agreement between the
parties. 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.
17. Non - Waiver. The waiver by Contractor or the City of the breach of any provision
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.
18. Termination. The Contractor or the City may terminate this Agreement, with or
without cause, by giving the other party at least three (3) days advance written notice of
termination. In the event of such termination, the Contractor shall be compensated for
actual expenses incurred, which cannot be reversed, up to the effective date of
termination. In such event, Contractor shall provide City with invoices supporting and
documenting such expenses. In no event shall total compensation, including
reimbursement of expenses hereunder, exceed $4,250.00, plus applicable sales taxes.
19. 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.
20. Notices. Unless stated otherwise herein, all notices and demands shall be in
writing and sent or hand delivered to the parties at their addresses as follows:
To City: Jeff Cutter
Interim City Manager
City of Yakima City Hall
129 North 2 Street
Yakima, WA 98901
To Contractor: Wendy Verkist
Bear Event Services
907 South 28th Avenue
Yakima, WA 98902
or to such 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.
21. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
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22. Venue. The venue for any action to enforce or interpret this Agreement shall lie in
the Superior Court of Washington for Yakima County, Washington.
23. Effective Date. This Agreement shall be effective as and from the date signed
by the last party to sign.
CITY OF YAKIMA BEAR EVENT SERVICES
By: C
/�.ii By: a LA)
Jeff • IT , f, Interim City Manager Wendy erkist
Date: I/ Date: C1t !'� 1
4 ATTEST: gyffinTf,r:f
,Q fv ' • 1 CITY CONTRACT NO. D / " //
Sonya CI 'r Tee, City Clerk _�' a ,
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