HomeMy WebLinkAboutR-2002-068 State Fair Raceway AgreementRESOLUTION NO. R 2002 - 68
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute a fire and safety services agreement between the City of
Yakima and the State Fair Raceway regarding fire and safety services
for racing events.
WHEREAS, the State Fair Raceway manages and operates a race track located within
the Yakima County Fairgrounds but outside the boundary of the City of Yakima; and
WHEREAS, the Raceway needs fire and safety services with regard to its operations
and racing events; and
WHEREAS, the Raceway has requested that the City provide the fire and safety
services under the terms and conditions of the attached agreement.
WHEREAS, the City, through its Fire Department, is willing to provide these fire and
safety services under the terms and conditions of the attached agreement.
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima
to authorize execution of fire and safety services agreement between the City of Yakima and
the State Fair Raceway regarding fire and safety services for racing events, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached fire and
safety services agreement between the City of Yakima and the State Fair Raceway
regarding fire and safety services for racing events.
ADOPTED BY THE CITY COUNCIL this 4th day of June, 2002.
ATTEST: ry Place, Mayor
K� .d ,gee-6-t.+�
City Clerk
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FIRE AND SAFETY SERVICES AGREEMENT
BETWEEN THE CITY OF YAKIMA AND RACEWAY
This Fire and Safety Services Agreement, hereinafter "Agreement," is made and
entered into by and between the City of Yakima, a Washington State municipal
corporation, hereinafter the "City," and the State Fair Raceway, a Washington
corporation, hereinafter "Raceway."
WHEREAS, The Raceway manages and operates a race track located outside the
boundary of the City; and
WHEREAS, The Raceway needs fire and safety services with regard to its
operations and racing events; and
WHEREAS, The Raceway has requested that the City provide the fire and safety
services under the terms and conditions of this Agreement.
WHEREAS, the City, through its Fire Department, is willing to provide these fire
and safety services under the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and Raceway as
follows:
1. Scope of Services. When requested by the Raceway, the City, through its Fire
Department, shall provide apparatus and two personnel to provide standby fire and
safety service during Raceway events. If necessary, said personnel assigned to provide
standby coverage shall summon additional Fire Department resources and personnel.
2. Consideration. The Raceway shall compensate the City for all costs and
expenses necessary to provide the services required under this Agreement. For
example, the estimated cost and expense in 2002 for providing two fire fighters and
apparatus on standby status during a five-hour race event is approximately Eighty
Seven Dollars ($87.00) per hour for a total of Four Hundred and Thirty Five Dollars
(S435.00). These are just examples and the parties recognize that such costs and
expenses will likely increase due to a variety of factors (i.e., inflation, increased labor
costs due to changes in collective bargaining agreements). The City shall submit
monthly invoices for all services provided in that respective month. The Raceway shall
pay the City for all costs and expenses described therein within fifteen (15) calendar
days of receipt of each invoice.
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3. Term. The term of this Agreement shall commence upon execution hereof and
continue thereafter until terminated by either party in accordance with Section 10 of
this Agreement.
4. Indemnification and Hold Harmless. The Raceway agrees to protect, defend,
indemnify, and hold harmless the City, its officers, elected officials, agents, and
employees from any and all claims, demands, losses, liens, liabilities, penalties, fines,
lawsuits, and other proceedings and all judgments, awards, costs and expenses
(including attorneys' fees and disbursements) caused by or occurring by reason of any
negligent act and/or omission of Raceway, its directors, officers, employees, agents,
and/or volunteers arising out of or in connection with the performance or
nonperformance of the services, duties, and obligations required under this Agreement.
5. Assignment. This Agreement, or any interest herein, or claim hereunder, shall
not be assigned or transferred in whole or in part by the Raceway 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 Raceway stated herein.
6. 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.
7. Non -Waiver. The waiver by the City or the Raceway of the breach of any
provision of this Agreement by the other party shall not operate or be construed as a
waiver of any subsequent breach by either party or prevent either party from thereafter
enforcing any such provision.
8. 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: The City of Yakima
TO RACEWAY:
199 N 9nd Street
Yakima, WA 98901
State Fair Raceway
1300 South Fair Avenue
Yakima, WA 98901
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.
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9. Integration. This written document constitutes the entire agreement between
the City and Raceway. There are no other oral or written Agreements between the
parties as to the subjects covered herein. 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.
10. Termination. Either the City or Raceway may terminate this Agreement, with
or without cause, by giving the other party ten (10) days written notice of termination.
11. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
12. 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:
Dick Zais, City Manager
STATE FAIR RACEWAY
City Contract No. o2 ®Dam- 'Sig
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 17 O
For Meeting Of: 06/04/02
ITEM TITLE: State Fair Raceway Fire Services Agreement
SUBMITTED BY: Yakima Fire Department, Dennis K. Mayo, Interim -Fire Chief
CONTACT PERSON/lELEPHONE: Dennis K. Mayo, Interim Fire Chief— 575-6060
SUMMARY EXPLANATION: This agreement will provide Fire and Safety services to the
State Fair Raceway race track events.
The Raceway manages and operates an automotive racetrack that requires fire and safety
services during racing events. Yakima City Fire Department has personnel and apparatus needed
to provide for protection of life and property during these racing events.
This agreement will cover specified racing events for the summer of 2002 at the State Fair
Raceway on the Yakima County Fair Grounds. Two fire fighters and a fire apparatus are the
resources the Yakima Fire Department will provide to meet the terms of this agreement.
Compensation of $87.00 per hour for a total of $435.00 per 5 -hour race event will cover cost and
expenses necessary to provide the required services.
Resolution X Ordinance Contract X Other (Specify)
Funding Source:
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve as submitted
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2002-68