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Home My WebLink AboutR-1997-078 Fireworks DisplayRESOLUTION NO. R-97- 78 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 Fourth of July Committee to provide a fireworks display on the evening of July 4, 1997. WHEREAS, the City desires a fireworks display on the evening of July 4, 1996 for the benefit of the public and to celebrate the independence of the United States of America; and WHEREAS, the City has budgeted $8,000.00 in 1997 for said fireworks display; and WHEREAS, the City does not have the specialized expertise necessary to provide said fireworks display; and WHEREAS, the Yakima Fourth of July Committee has the experience, expertise, materials, and personnel to provide said fireworks display; and WHEREAS, the City Council deems it to be in the best interest of the City to contract with the Yakima Fourth of July Committee to utilize their experience, expertise, materials, and personnel 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 "Fireworks Display Agreement Between the City of Yakima and the Yakima Fourth of July Committee" for the purpose of providing a fireworks display on the evening of July 4, 1997. ADOPTED BY THE CITY COUNCIL this 3rd da . of June , 1997. ATTEST: City Clerk llkb,,/Ails afJnty 97/pm uchanan, Mayor FIREWORKS DISPLAY AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE YAKIMA FOURTH OF JULY COMMITTEE THIS 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, 1997, for the benefit of the public and to celebrate the independence of the United States of America. WHEREAS, the City has budgeted Eight Thousand Dollars ($8,000.00) in 1997 for said fireworks display. WHEREAS, the City does not have the specialized expertise necessary to provide said fireworks display. 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 follows: 1. Scope of Services. The Committee agrees to provide a fireworks display (including necessary personnel and materials) on the evening of July 4, 1997. 2. Term of Agreement. The term of this Agreement commences upon execution hereof and shall terminate upon payment by the City of the necessary consideration to Committee stated in Section 3. 3. Consideration. In consideration of the Committee's performance of all terms and conditions of this Agreement, the City agrees to pay the Committee a total sum not to exceed Eight Thousand Dollars ($8,000.00). Payment is expressly conditioned upon the Committee providing a satisfactory fireworks display and corresponding documentation evidencing/describing said completed fireworks display. 4. 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 this Agreement. Committee and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. 5. Taxes and Assessments. Committee 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 Page 1 of 4 (Ik)agr/4th of Jtay 97/pm 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, Committee shall pay the same before it becomes due. 6. Nondiscrimination Provision. During the performance of this Agreement, Committee 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. 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. 8. No Insurance. It is understood the City does not maintain liability insurance for Committee and/or its employees. 9. Hold Harmless. Committee 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 date of this Agreement, Committee 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. 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. 12. Termination. The City may terminate this Agreement, with or without cause, by giving Committee ten (10) days advance written notice of termination. 13. 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. Page 2 of 4 llk)agr/4th of July 97/pin 14. 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 either party unless such change or addition be in writing and executed by both parties. 15. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY: TO COMMITTEE: City Manager City of Yakima City Hall 129 North 2nd Street Yakima, WA 98901 Doug Cochran, Chairman Yakima Fourth of July Committee P.O. Box 10702 Yakima, WA 98909 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. 16. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 17. 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 By: R. A. Zais, Jr., City Manager DATE: /c/7 Resolution No. - 97-73 Page 3 of 4 pklagr/4th of July 97/pm YAKIMA FOURTH OF JULY COMMITTEE By: Doug hran,Chairman DATE: 6. -2 7— �� STATE OF WASHINGTON ) :ss. County of Yakima I certify that I know or have satisfactory evidence that Doug Cochran, is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Chairman of the Yakima Fourth of July Committee, a nonprofit corporation, to be the free and voluntary act of such party for the uses and purposes mentioned -.iii the instrument. DATED: '`? 1 q ;r 5 "kR.Y 3" }...)�.,i�..� {{ ''; i VA Page 4 of 4 9k)agr/4th ofJWy 97/pm k(A Print Nam : NOTARY PUBLIC in and foie: -the State of Washington, residing at \.)C-2X--.,\v'i \Ci My commission expires: 1-4 C�� , BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /Irl For the meeting of Ce/3/97 ITEM TITLE: Resolution authorizing execution of an : gr -ment with the Yakima 4th of July Committee SUBMITTED BY: John R. Hanson, Director of Finance CONTACT PERSON/TELEPHONE: John R. Hanson, 5 .070 Paul McMurray, 575-60 0 SUMMARY EXPLANATION: During the 1997 Budget deliberations, the City Council authorized the expenditure of $8,000 for the 4th of July Celebration. The attached Resolution authorizes execution of an agreement with the 4th of July Committee for the July 4, 1997 activities at the Central Washington State Fairgrounds. Execution of the agreement provides for administrative requirements necessary to contract with the 4th of July Committee for services at the July 4th event. Resolution x Ordinance _ Contract X Other (Specify) Annual Report -4th of July Committee Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Pass Resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Legal/BD 4 Agenda JH