HomeMy WebLinkAboutR-2004-107 2004 Yakima Sunfair Festival Association AgreementRESOLUTION NO. R-2004- 107
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 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 the staff 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 Between the City of Yakima and Yakima Sunfair
Association" for the provision of tourist promotion services.
ADOPTED BY THE CITY COUNCIL this 20th daof July, 2004
ATTEST:
City Clerk
(Ik)res/sunfair 04sm
Paul P. George, 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, a
Washington municipal corporation (hereinafter "City") and the Yakima Sunfair Festival Association, a
Washington nonprofit corporation (hereinafter "Sunfair").
WHEREAS, the City desires tourist promotion services to promote the Yakima Sunfair Parade.
WHEREAS, the City does not have the staff or specialized expertise necessary to provide said
tourist promotion services.
WHEREAS, Sunfair has the experience, expertise, and staff to provide said tourist promotion
services in accordance with the following terms and conditions.
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 taking place on September 25, 2004, including parade picnics, gatherings, and other
organizational activities. 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
25, 2004.
2. Term of Agreement. This Agreement shall commence upon execution hereof and shall
terminate at midnight, September 25, 2004, unless terminated sooner in accordance with Section 16 of
this Agreement.
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 One Thousand and No/100
Dollars ($1,000.00). Payment is expressly conditioned upon Sunfair providing satisfactory work and
services to the City and providing the City with corresponding documentation evidencing/ describing
said completed work and services.
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, as an
independent contractor, assumes the entire responsibility for carrying out and accomplishing the
services required under this Agreement. Additionally, and as an independent contractor, Sunfair 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 benefits. Nothing contained herein shall be
interpreted as creating a relationship of servant, employee, partnership or agency between Sunfair or
any officer, employee or agent of Sunfair and the City.
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 against either party as a result of
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(Ik)agr/sunfair 04.sm
this Agreement. In the event the City is assessed a 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 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 Sunfair to maintain the above insurance or to so notify the City, then Sunfair shall bear all costs
attributable thereto.
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(Ik)agr/sunfair 04.sm
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.
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.
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.
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) calendar 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:
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(Ik)agr/sunfair 04.sm
City Manager
City of Yakima
129 North 2nd Street
Yakima, WA 98901
Earl Hall, Treasurer
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.
18. 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.
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 YAKIMA SUNFAIR FESTIVAL
ASSOCIATION
By:
Dick Zais, City anager
Date: .T.A.17 ac., x.00 t
ATTEST:
City Clerk
City Contract No. a?OD y f8
Resolution No. A"-o?DDy /D7
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(1k)agr/sunfair 04.sm
By:
Print Name: Earl Hall
Title: Treasurer
Date:
7A460/
ACORD CERTIFICATE
OF LIABILITY INSURANCE
08/05/2 0 )
TYPE OF INSURANCE
PRODUCER
VIRGINIA WRIGHT
623 SOUTH FIRST ST
SELAH WA
98942-0355
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
YAKIMA SUNFAIR FESTIVAL ASSN
PO BOX 471
YAKIMA WA 98907
INSURER A. THE BURLINGTON INS CO
LIABILITY
COMMERCIAL GENERAL LIABILITY
INSURER B:
09/24/04
INSURER C:
EACH OCCURRENCE
INSURER D:
X
INSURER E.
$ 50,000.
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
ADD'L
INSRD
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DDM')
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
A
X
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
053B000230
09/24/04
09/26/04
EACH OCCURRENCE
$ 1,000,000.
X
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$ 50,000.
CLAIMS MADE X OCCUR
MED EXP (Any one person)
$ 1 , 000 .
PERSONAL&ADV INJURY
$ 1,000,000.
GENERAL AGGREGATE
$ 1,000,000.
GEN'L
AGGREGATE LIMIT APPLIES PER:
POLICY Ti JE LOC[1 LOC
PRODUCTS - COMP/OP AGG
$
X
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
AUTO ONLY" AGG
$
EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE
$
OCCUR CLAIMS MADE
AGGREGATE
$
DEDUCTIBLE
RETENTION $
$
$
$
WOR :ERS COMPENSATION ANDWC
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
STATU- i OTH-
I TORY LIMITS i I ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
SPECIAL EVENT - PARADE
CERTIFICATE HOLDER
CANCELLATION
ADDITIONAL INSURED
CITY OF YAKIMA
IT'S OFFICERS, EMPLOYEES AND ELECTED
OFFICIALS C/O KAREN ROBERTS
129 N 2ND ST
YAKIMA WA 98901
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTA IE �?
•
ACORD 25 (2001/08)
INS025 (0108).05
ELECTRONIC LASER FORMS, INC. - (800)327-0545'
ACORD CORPORATION 1988
Page 1 of 2
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1 6 --
For the meeting of: 7/20/04
ITEM TITLE: A Resolution authorizing execution of an agreement with theYakima
Sunfair Festival Association
SUBMITTED BY: Cindy Epperson, Financial Services Manager C, .
CONTACT PERSON/TELEPHONE: Cindy Epperson, 575-6070
SUMMARY EXPLANATION:
As a part of the 2004 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 25, 2004, the City will contribute
$1,000 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:
City Manager
STAFF RECOMMENDATION: Adopt Resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-107.