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Home My WebLink AboutR-2006-044 authorize fire and safety services agreement with RKR Promotions, LLC, regarding fire and safety services for racing eveRESOLUTION NO. R-2006- 44 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 RKR Promotions, LLC, regarding fire and safety services for racing events at State Fair Raceway. WHEREAS, RKR Promotions leases, manages and operates a race track located at State Fair Raceway; and WHEREAS, RKR Promotions needs fire and safety services with regard to its operations and racing events; and WHEREAS, RKR Promotions has requested that the City provide the fire and safety services; and WHEREAS, the City, through its fire Department, is will to provide these fire and safety services under the terms and conditions of the attached Agreement; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the City of Yakima to authorize the City Manager to execute the Fire and Safety Services Agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached Fire and Safety Services Agreement between the City of Yakima and RKR Promotions, LLC. ADOPTED BY THE CITY COUNCIL THIS 21st day of Mar ATTEST: City Clerk YFD:rm 3/16/2006 1, 2006. Dave Edler, Mayor FIRE AND SAFETY SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA AND RKR Promotions, LLC 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 RKR Promotions, LLC, a Washington corporation, hereinafter "RKR Promotions." WHEREAS, RKR Promotions leases, manages and operates a race track located at State Fair Raceway; and WHEREAS, RKR Promotions needs fire and safety services with regard to its operations and racing events; and WHEREAS, RKR Promotions 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 RKR Promotions as follows: 1. Scope of Services. When requested by RKR Promotions, the City, through 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. RKR Promotions shall compensate the City for all labor costs and expenses necessary to provide the services required under this Agreement. The cost and expense in 2006 for providing two fire fighters and apparatus on standby status during a five- hour race event is Ninety Seven Dollars ($97.00) per hour for a total of Four Hundred and Eighty Five Dollars ($485.00). These are minimum amounts 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. RKR Promotions shall pay the City for all costs and expenses described therein within fifteen (15) calendar days of receipt of each invoice. 3. Term. The term of this Agreement shall commence upon execution hereof and shall terminate on December 31, 2010, unless sooner, or until terminated by either party in accordance with Section 10 of this Agreement. Page 1 of 4 (Ik)agr/fire dept-raceway-5-22-02.pm 4. Indemnification and Hold Harmless. RKR Promotions agrees to protect, defend, indemnify, and hoid 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 act and/or omission of RKR Promotions, its directors, officers, employees, agents, and/or volunteers or caused by or occurring 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 RKR Promotions 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 RKR Promotions stated herein. 6. Severability. If any portion (If this greemvont is changed per mutual agreem ert or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. '. Non -Waiver. The waiver by the City or RKR Promotions 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 129 North 2nd Street Til DVI? Droniotions: 1 RKR a epll 11AdW V110. Yakima, WA 98901 RKR ProI11VLIV1Ij, LLC C/O Roy Beaman Poor Boys Auto Wrecking 6331 West Powerhouse Yakima, WA 98908 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. 9. Integration. This written document constitutes the entire agreement between the City and RKR Promotions. 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 Page 2 of 4 (Ik)agr/fire dept-raceway-5-22-02.pm binding upon either party unless such change or addition be in writing and executed by both parties. 10. Termination. Either the City or RKR Promotions 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:r J R.A. Zais, Jr., Manager ATTEST: RKR Promotions, LLC By: Its: City Clerk City Contract No. ge Resolution No. /i w70Deo-'W Page 3 of 4 (Ik)agr/fire dept-raceway-5-22-02.pm BUSINESS OF THE CITY COUNCIL YAHIMA, WASHINGTON AGENDA STATEMENT Item No. 13 For Meeting Of: 03/21/06 I1bM TITLE: State Fair Raceway Fire Services Agreement SUBMITTED BY: Yakima Fire Department, Dennis K. Mayo, Fire Chief CONTACT PERSON/TELEPHONE: Dennis K. Mayo, Fire Chief — 575-6060 Steve Scott, Deputy Chief — 575-6165 SUMMARY EXPLANATION: This agreement will provide Fire and Safety services to the State Fair Raceway race track events. The RKR Promotions, L.L.C. leases, manages, and operates an automotive racetrack from State Fair Raceway 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 propest� during these racing events. This agreement will cover specified racing events for the summer of 2006 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 $97.00 per hour for a total of $485.00 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: STAFF RECOMMENDATION: Approve as submitted BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-44