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Home My WebLink AboutR-1996-006 Contract Sunfair Festival AssnRESOLUTION NO. R-96- OG A 96- A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement between the City of Yakima and the Yakima Sunfair Festival Association, Inc. 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, Inc. 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 and City Clerk are hereby authorized and directed to execute the attached and incorporated Tourist Promotion Agreement with the Yakima Sunfair Festival Association, Inc. ADOPTED BY THE CITY COUNCIL this / p day of �� / , 1996. ATTEST: Mayor C,yY+�' City Clerk (miw)res,sunfair pm PROMOTION SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA SUNFAIR FESTIVAL ASSOCIATION, INC. THIS AGREEMENT is made and entered into by and between the City of Yakima, hereinafter "City," and the Yakima Sunfair Festival Association, Inc., 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, the 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 21, 1996, including parade picnics, gatherings, and other organizational activies. 2. TERM OF AGREEMENT Sunfair shall commence services required hereinunder upon execution of this Agreement and shall complete all services and work required by this Agreement on or by September 21, 1996. 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 One Thousand Dollars ($1,000.00) . 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. Sunfair shall have no authority to nor shall Sunfair represent that it has authorization to bind the City in any manner. Page 1 of 4 (m1w)agr/sunfair.pm 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 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 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. 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. 8. NO INSURANCE. It is understood the City does not maintain liability insurance for Sunfair, its officers, members, and/or employees. 9. HOLD HARMLESS. Sunfair 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. 10. INSURANCE. On or before the effective date of this Agreement, Sunfair shall provide the City proof of liability insurance in the amount of One Million Dollars ($1,000,000.00) that clearly 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. The policy shall name the City, its officers, agents, and employees as additional insured. 11. TERMINATION. The City may terminate this Agreement, with or without cause, by giving Sunfair ten (10) days written notice of termination. 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 Sunfair. 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. NOTICES. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: Page 2 of 4 (m1w) agr/sunfair.n TO CITY: TO SUNFAIR: City Manager City of Yakima 129 North 2nd Street Yakima, WA 98901 Vice President/Director Yakima Sunfair Festival Association, Inc. 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. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 15. GOVERNING LAW. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. 16. ATTORNEYS FEES. In the event that any suit or action is instituted by either party to enforce the compliance with or interpret any of the terms, covenants or conditions of this Agreement, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable attorney's fees. 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, INC. By: ;. Dick Zais, City Manager By: t- Its: Date: 1/15/i Date:`%— ATTEST: City Clerk City Contract No. q62 -,-- (1-q‘0-0(,) Page 3 of 4 (m1w)agr/sunfair.p STATE OF WASHINGTON ) :ss. County of Yakima I certify that I know or have satisfactory evidence that -a ) 1 € is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the P? of the Yakima Sunfair Festival Association, Inc., to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: 3' t Page 4 of 4 (m1w)agr/sunfair.pm NOTARY P 1 C in and Washington, residing at My commission expires: for the State of /4'4 r IAS . 3-r5-96 .�vSINESS OF THE CITY COU .JIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. f `f b For Meeting Of 1/9/96 ITEM TITLE: Authorization to contract with the Yakima Sunfair Festival Association for Professional Services SUBMITTED BY: Paul T. McMurray, Assistant City Attorney CONTACT PERSON/TELEPHONE: Paul T. McMurray/575-6030 SUMMARY EXPLANATION: During the development of the 1996 budget, the Yakima Sunfair Festival Associaiton requested $1,000.00 from the City to assist with the costs/expenses of the Yakima Sunfair Parade. The City Council, during its budget deliberations, considered and approved the request. The Legal Department was asked to draft the attached resolution and contract for tourist promotion services with the Yakima Sunfair Festival Association. Resolution X Ordinance _ Contract _ Other (Specify) Contract Funding Source General Fund (� APPROVED FOR SUBMITTAL: r -Manager STAFF RECOMMENDATION: Adopt resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution No. R-96-06 Legal/BD rev. effective 7/21/92