HomeMy WebLinkAboutR-2002-099 2002 Yakima Sunfair Festival Association AgreementRESOLUTION NO. R-2002-99
A RESOLUTION authorizing the City Manager of the City of Yakima to execute an
agreement between the City of Yakima and the Yakima Sunfair
Festival Association 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 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 is hereby authorized and directed to execute the attached and
incorporated Promotion Services Agreement with the Yakima Sunfair Festival
Association for the arrangement of tourist promotion services.
ADOPTED BY THE CITY COUNCIL this 6th day of August, 2002.
ATTEST:
41-e—v-- /2„9-6._eit
City Clerk
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ry Place, Mayor
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, 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 28, 2002, including parade picnics, gatherings, and
other organizational activities.
2. Term of Agreement. Sunfair shall commence services required hereunder upon
execution of this Agreement and shall complete all services and work required by this
Agreement on or by September 28, 2002.
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 Six Hundred Sixty
Seven and No/100 Dollars ($667.00). 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 benefits.
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
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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 in violation of any applicable federal, state and/or local law or
regulation 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, selection for training, and the provision of services under this Agreement.
7. The Americans with Disabilities Act. Sunfair agrees to comply with the Americans
With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing
regulations, and Washington State's anti -discrimination law as contained in RCW Chapter
49.60 and its implementing regulations. The ADA provides comprehensive civil rights to
individuals with disabilities in the area of employment, public accommodations, state and
local government services, and telecommunications.
8. 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.
9. No Insurance. It is understood the City does not maintain liability insurance for
Sunfair and/or its officers, employees, agents and volunteers.
10. Indemnification and Hold Harmless. Sunfair shall defend, indemnify, and hold
harmless the City, its agents, officers, employees, and elected officials from and against all
claims, causes of action, lawsuits, damages, fines, penalties, losses, costs, and expenses of any
kind or nature whatsoever (including reasonable attorney's fees) arising out of, relating to, or
resulting from Sunfair's performance or non-performance of the services, duties and
obligations required of it under this Agreement.
11. Liability Insurance. On or before the date this Agreement is fully executed by the
parties, Sunfair shall provide the City with a certificate of insurance as proof of liability
insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined
single limit bodily injury and property damage. The certificate shall clearly state 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, employees, and elected officials as additional
insureds. The policy shall also contain a clause that the insurer will not cancel or change the
insurance without first giving the City thirty (30) calendar days prior written notice (any
language in the clause to the effect of "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company" shall be crossed out and initialed by the
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insurance agent). The insurance shall be with an insurance company or companies rated A -
VII or higher in Best's Guide and admitted in the State of Washington.
12. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by Sunfair 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
Sunfair stated herein.
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 and Supersession. This Agreement sets forth all of the terms, conditions,
and agreements of the parties relative to the subject matter hereof and supersedes any and all
such former agreements which are hereby declared terminated and of no further force and
effect upon the execution and delivery hereof. There are no terms, conditions, or agreements
with respect thereto, except as herein provided and no amendment or modification of this
Agreement shall be effective unless reduced to writing and executed by the parties.
15. Non -Waiver. The waiver by Sunfair or the City of the breach of any provision, duty or
condition 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 thereafter enforcing any such
provision, duty or condition.
16. Termination. Either party may terminate this Agreement, with or without cause, by
giving the other party ten (10) days advance written notice of termination.
17. 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:
TO SUNFAIR:
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, or hand delivered.
Such notices shall be deemed effective when mailed or hand delivered at the addresses
specified above.
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18. Survival. Any provision of this Agreement which imposes an obligation after
termination or expiration of this Agreement shall survive the term or expiration of this
Agreement and shall be binding on the parties to this Agreement.
19. Governing Law. This Agreement shall be governed and construed in accordance with
the laws of the State of Washington.
20. 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
Dick Zais, City Manager
PAW)/( -1L01— 9, Q. -OO
G
A 1 1'EST:
City Clerk
City Contract No.
Resolution No.
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YAKIMA SUNFAIR FESTIVAL
ASSOCIATION
Date: e e 4-3 A52
6.2 oa-77
600a-99
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.* 0
For the meeting of: 8/6/02
ITEM TITLE: A Resolution authorizing execution of an agreement with theYakima
Sunfair Festival Association
SUBMITTED BY: Cindy Epperson, Financial Services Manager E
CONTACT PERSON/TELEPHONE: Cindy Epperson, 575-6070
SUMMARY EXPLANATION:
As a part of the 2002 Budget, the City agreed to participate in the Sunfair Parade for this
year. The attached agreement identifies the responsibilities of the Yakima Sunfair Festival
Association and the City with regard to the event.
Upon completion of the event, scheduled for September 28, 2002, the City will contribute
$667 to cover costs as identified in the agreement.
Resolution X Ordinance _ Other (Specify)
Contract X Mail to (name and address): Vice President/Director, Yakima Sunfair Festival
Association, P.O. Box 471, Yakima, WA 98907
Funding Source: Intergovernmental Section of General Fund Budget
APPROVED FOR SUBMITTAL: �� �`v
City Manager
STAFF RECOMMENDATION: Adopt Resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Legal/BD 1