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FIREWORKS DISPLAY AGREEMENT — 2016
BETWEEN THE CITY OF YAKIMA AND
THE YAKIMA FOURTH OF JULY COMMITTEE
THIS FIREWORKS DISPLAY AGREEMENT — 2016 ( "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, 2016, for the
benefit of the public and to celebrate the independence of the United States of America.
WHEREAS, the City has budgeted Twenty Thousand and No /100 Dollars ($20,000) in
2016 for said fireworks display; and
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 the follows:
1. Scope of Services. The Committee agrees to provide a fireworks display (including
necessary personnel and materials) on the evening of July 4, 2016.
2. Term of Agreement. The term of this Agreement commences upon execution hereof and
shall terminate upon satisfactory provision of the services required hereunder and payment by
the City of the necessary consideration to Committee stated in Section 3, unless sooner
terminated by either party in accordance with Section 15.
3. Consideration. In order to enable the Committee to purchase or otherwise acquire the
necessary fireworks and accessory equipment or products to provide the July 4, 2016 public
fireworks display, the City agrees to pay the Committee a total sum not to exceed Twenty
Thousand and No /100 Dollars ($20,000). In the event the public fireworks display is not
conducted, and such failure to conduct the display is determined to be the fault of the
Committee, the Committee shall return and remit such funds to the City.
4. Inspection and Audit. The Committee shall maintain books, accounts, records, documents
and other evidence pertaining to the costs and expenses allowable and consideration paid
under this agreement in accordance with generally accepted accounting practices All such
books of account and records required to be maintained by this Agreement shall be subject to
inspection and audit by representatives of the City and /or of the Washington State Auditor at all
reasonable times, and the Committee shall afford the proper facilities for such inspection and
audit. Such books of account and records may be copied by representatives of the City and /or
of the Washington State Auditor where necessary to conduct or document an audit. The
Committee shall preserve and make available all such books of account and records for a
period of three (3) years after final payment under this Agreement.
5. 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 the
Agreement. Committee and its employees shall make no claim of City employment nor shall
claim against the City and related employment benefits, social security, and / or retirement.
6. Taxes and Assessments. Committee 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, 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.
7. 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, nation 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.
8. 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.
9. No Insurance. It is understood the City does not maintain liability insurance for Committee
and /or its employees.
10. Indemnification and Hold Harmless.
a. 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.
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.
c. This Section of the Agreement shall survive the term or expiration of this Agreement
and shall be binding on the parties to this Agreement.
11. Liability Insurance. On or before date of 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 Two Million Dollars ($2,000,000) 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 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 The insurance shall be with an insurance company or
companies rated A V- II or higher in Best's Guide and admitted in the State of Washington The
provisions of this Section shall survive the expiration or termination of this Agreement with
respect to any event occurring prior to such expiration or termination.
12. 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.
13. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of
any covenant or condition of this Agreement shall not impair the right of the party not in default
to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist
upon strict performance of any agreement, covenant or condition of this Agreement, or to
exercise any right herein given in any one or more instances, shall not be construed as a waiver
or relinquishment of any such agreement, covenant, condition or right.
14. Severability. If any portion of this Agreement is changed per mutual agreement or any
portion is held invalid, the reminder of the Agreement shall remain in full force and effect.
15. Terminate. Either party may terminate this Agreement, with or without cause, by giving the
other party five (5) calendar days advance written notice of termination.
16. 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 parities to this Agreement.
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: City Manager
City of Yakima City Hall
129 North 2 Street
Yakima, WA 98901
TO COMMITTEE:
Chair thetYakima/11th of July Committee
/j Vv
Yakima/WA 9890
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. 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 wither
party unless such change or addition be in writing and executed by both parties.
19. Governing Law. This Agreement shall be governed by and constructed 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.
WHEREFORE, this Agreement shall be effective on the date signed by the last party to sign
below.
CITY OF YAKIMA YAKIMA FOURTH OF JULY COMMITTEE
By: ,� (ii ii.,/ By: ,' I • ,t%G�1 i
Je u fer, Interim City Manager ( t, " - I
Date: June V , 2016 Date: June V , 2016
ATTEST:
By: �i' . �� 11 i „ Sonya CI. ar Tee, City Clerk ”] v3 S
CITY cONTRAC
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RESOLUTION NO