HomeMy WebLinkAboutR-1998-085 Contract with Fourth of July CommitteeRESOLUTION NO. R-98- 85
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, 1998.
WHEREAS, the City desires a fireworks display on the evening of July 4, 1998
for the benefit of the public and to celebrate the independence of the United States of
America; and
WHEREAS, the City has budgeted $8,300.00 in 1998 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, 1998.
ADOPTED BY THE CITY COUNCIL this 2nd day of June ,1998.
ATTEST:
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ting() City Clerk
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hn Puccinelli, 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, 1998, for the
benefit of the public and to celebrate the independence of the United States of America.
WHEREAS, the City has budgeted Eight Thousand Three Hundred Dollars ($8,300.00)
in 1998 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, 1998.
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 Three Hundred Dollars ($8,300.00). 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 security tax, assessments for unemployment and
industrial injury, and other deductions from income which may be required by law or assessed
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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.
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 or hand delivered to the parties to their addresses as follows:
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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 or hand delivered. 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: (o
YAKIMA FOURTH OF JULY
COMMITTEE
By:
Cochran,Chairman
V/_ Q
DATE: to _ 1, 1) 1
Contract No. 98-70
Resolution No. R-98-85
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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 d acknowledged it as the Chairman
of the Yakima Fourth of July Committee, a nonprofit •rporation, to be the free and voluntary
act of such party for the uses and purposes tion• '.i • - ' strument.
DATED: (o- v
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Prix Name:
NOTARY PUBLIC in and for t e State of
Washington, residing at 1110
My commission expires: J \ �- ' C� U
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /
For the meeting of 6/2/98
ITEM TITLE: Resolution authorizing execution of a contr with the Yakima 4th of
July Committee
SUBMITTED BY: John R. Hanson, Director of Finance & Bud
Paul McMurray, Legal Department
CONTACT PERSON/TELEPHONE: John R. Hanson, 575-6070
Paul McMurray, 575-6030
SUMMARY EXPLANATION:
As a part of the 1998 Budget, the City agreed to participate in the 4th of July Celebration for
this year. The attached agreement identifies the responsibilities of the 4th of July
Committee and the City with regard to the event.
Upon completion of the event, the City will contribute $8,300 to cover costs as identified
the agreement.
Resolution x Ordinance _ Contract X Other (Specify)
Funding Source
APPROVED FOR SUBMITTAL:
'City Manager
STAFF RECOMMENDATION: Pass Resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Legat'BD 4
Agenda JH