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Home My WebLink AboutR-2004-085 2004 Yakima Fourth of July Committee AgreementRESOLUTION NO. R-2004- 85 A RESOLUTION authorizing the City Manager 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, 2004. WHEREAS, the City desires a fireworks display on the evening of July 4, 2004 for the benefit of the public and to celebrate the independence of the United States of America; and WHEREAS, the City has budgeted $5,000.00 in 2004 for said fireworks display; and WHEREAS, the Yakima Fourth of July Committee has the experience, expertise, materials, and personnel to provide said fireworks display and is willing to do so 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 Fourth of July Committee to provide a fireworks display on the evening of July 4, 2004 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 "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, 2004. ADOPTED BY THE CITY COUNCIL this 22nd day o ne, 2004. ATTEST: v Paul P. George, Mayor City Clerk (1k)res/4th of July 04.sin 8. No Insurance. It is understood the City does not maintain liability insurance for Committee and/or its employees. 9. Indemnification and Hold Harmless. Committee shall defend, mdenmify, and hold harmless the City, its elected officers, officials, employees and agents from and against all 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) arising out of, relating to, or resulting from Committee's performance or non-performance of the services, duties and obligations under this Agreement. 10. Liability Insurance. On or before date this Agreement is fully executed by the parties, Committee shall provide the City with a certificate of insurance as proof of liability insurance with 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 elected officials, officers, agents, and employees as additional insureds, and shall 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 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. If the City is damaged by the failure of the Committee to maintain the above insurance or to so notify the City, then the Committee shall bear all costs attributable thereto. 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. 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 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. 14. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party ten (10) days advance written notice of termination. 15. Non -Waiver. The waiver of either the City or the Committee of the breach of any provision of this Agreement by the other party shall not operate and/or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing such provision. 16. Severability. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. Page 2 of 3 (Ik)agr/4th of July 04/sm b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 17. Survival. Any provision of this Agreement that 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. 18. 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 COMMITTEE: City Manager City of Yakima City Hall 129 North 2nd Street Yakima, WA 98901 Bob Berry 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. 19. Governing Law. This Agreement shall be governed by 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 YAKIMA FOURTH OF JULY COMMITTEE By: By: R. A. Zais�City Manager DATE: ATTEST: a 3, a. o o tf City Clerk CITY CONTRACT NO: &O r - 7�G RESOLUTION NO: 'Xd Page 3 of 3 (Ik)agr/4th of July 04/sm Bob Berry, President DATE: 7 (15-(01( oy BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ci 6 For the meeting of: 6/22/04 ITEM TITLE: A Resolution authorizing execution of an agreement with the Yakima 4th of July Committee SUBMITTED BY: Finance and Budget Department Fire Department CONTACT PERSON/TELEPHONE: Cindy Epperson, Financial Services Manager/575-6070 SUMMARY EXPLANATION: As a part of the 2004 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 $5,000 to cover costs as identified in the agreement. Resolution X Ordinance — Other (Specify) Contract X Mail to (name and address): Bob Berry, Yakima Fourth of July Committee, P.O. Box 10702, Yakima, WA 98909 Funding Source: General Fund --Fire Budget APPROVED FOR SUBMITTAL:'` City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. 2004 - 85