HomeMy WebLinkAboutR-1997-020 Agreement / Yakima Sunfair Festival Association / paradeRESOLUTION NO. R-97- 20
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 Promotion Services Agreement with the
Yakima Sunfair Festival, Inc. Association.
ADOPTED BY THE CITY COUNCIL this 41-h day of
February , 1997.
ATTEST:
6--(1L •L C7- c
City Clerk
i.ki: es s,;nfaa: c
PROMOTION' SERVICES AGREEMENT
BETWEEN
THE CITY OF YAKIMA
AND
YAKIMA SUNFAIR FESTIVAL ASSOCIATION
THIS AGREEMENT is made and entered into by and between the City of
Yakima, hereinafter "City," and the Yakima Sunfair Festival Association, 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 20, 1997, 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 20, 1997.
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.
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
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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 and/or its employees.
9. HOLD HARMLESS. Sunfair shall defend, indemnify, and hold harmless the
City, its elected officials, agents, officers, and employees from any and all liability
resulting out of the performance of this Agreement.
10. INSURANCE. On or before the effective dated 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. Saidc
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. Either party may terminate this Agreement, with or without
cause, by giving the other party 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:
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TO CITY:
TO SLINFAIR:
City Manager
City of Yakima
129 North 2nd Street
Yakima, WA 98901
Vice President/Director
Yakima Sunfair Festival Association
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. 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 SiiNFAIR FESTIVAL
ASSOCIATION
By:
Dick Zais, City Manager
Date:
ATTEST:
City Clerk
City Contract No. 9 7 - 31
RESOLUTION NO. R-97-20
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By:
Its:
Date:
STATE OF WASHINGTON )
:ss.
County of Yakima
I certify that I know or have satisfactory evidence that 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 of the Yakima Sunfair Festival
Association to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
DATED:
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires:
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yakma suncalQ
P0 Box 471
Yakima, WA 98907
(509) 454-6025
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CLty Mmma-ge'L
CLty 04 YakLma
129 Non,th 2nd StAeet
YakLma, WA 98901
estival assoc o
Decemben„ 314t, 1996
Dea' M. ZaL4;
Th4-6 Zette&L.4 Lm 4..egm4d to the comtn.LbutLom that wa4 budgeted by
the
C-L-ty 4o4 Sum4aLA. A44ocLatLom. Appeummt.ey, then.e wa4 an,
ovexALght on. ou& pat, Lm pLckLmg up the money that the CLty had
budgeted 4o4 u4.
PZea4e 4on.wa&ded -it to oun, P.O.
pLck Lt up, whLchevea. em4LeIL.
Thank you 4o4, the comtn,LbutLom,
appn-eciate the comALdutatLom o4
box o't ome o4 the 04e'-4 wLLC
the Sum4aLA. A-64ocLatLom de-epty
zuppoiLt PLom the CLty o4 YLIALmm.
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P4eALdemt
NorthvecbcftstivalsAssociatim
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9
For the meeting of Feb. 4, 1997
ITEM I I LE: Legislation authorizing execution of Agreements for Contractual Services
SUBMITTED BY: Department of Finance & Budget
CONTACT PERSON/TELEPHONE: John R. Hanson, Director /
SUMMARY EXPLANATION:
During the Budget review and adoption process, the City Council approved expenditure
authorizations for several contractual programs provided by outside agencies.
The attached contractual agreements with the Yakima Sunfair Association and Yakima Chamber
of Commerce provide the terms and conditions and City receivables which must be achieved by
the agency to receive payment under the contract. The contracts are very similar to prior year
agreements. The 1997 contract amount for Yakima Sunfair Association is $1,000; the Yakima
Chamber of Commerce is $8,850.
Resolution X Ordinance Contract _ Other (Specify) Agreement
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Staff recommends passage of Resolution and authorize
execution of the agreements..
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
LegaIBD 1
Agenda JH
Resolution adopted. RESOLUTION NO. R-97-19
Resolution adopted. RESOLUTION NO. R-97-20
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