HomeMy WebLinkAboutR-2006-071 Yakima Fourth of July Committee AgreementRESOLUTION NO. R-2006- 71
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, 2006.
WHEREAS, the City desires a fireworks display on the evening of July 4, 2006 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 2006 for said fireworks display; and
WHEREAS, the City does not have the specialized expertise necessary to provide said
fireworks display; and
WHEREAS, the Yakima Fourth of July Committee has the experience, expertise,
materials, and personnel to provide said fireworks display; 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 utilize their experience, expertise, materials, and
personnel in accordance with the terms of the attached agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAIUMA:
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, 2006.
ADOPTED BY THE CITY COUNCIL this 2nd d;f May, 200
ATTEST: Dave Edler, Mayor
KiA.e..,..— ,d / 24-444.
City Clerk
FIREWORKS DISPLAY AGREEMENT
BETWEEN THE CITY OF YAKIMA AND
THE YAKIMA FOURTH OF JULY COMMITTEE
THIS AGREEMENT is made and entered into by and between the City of
Yakima, hereinafter the "City," and the Yakima Fourth of July Committee, a nonprofit
corporation, hereinafter the "Committee."
WHEREAS, the City desires a fireworks display on the evening of July 4, 2006,
for the benefit of the public and to celebrate the independence of the United States of
America.
WHEREAS, the City has budgeted Five Thousand and No/100 Dollars
($5,000.00) in 2006 for said fireworks display.
WHEREAS, the City does not have the specialized expertise necessary to
provide said fireworks display.
WHEREAS, the Committee has the experience, expertise, materials, and
personnel to provide said fireworks display.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and the Committee as
follows:
1. Scope of Services. The Committee agrees to provide a fireworks display
(including necessary personnel and materials) on the evening of July 4, 2006.
2. Term of Agreement. The term of this Agreement commences upon execution
hereof and shall terminate upon satisfactory provision of the services required
hereunder and payment by the City of the necessary consideration to Committee stated
in Section 3, unless sooner terminated by either party in accordance with Section 15.
3. Consideration. In consideration of the Committee's performance of all terms
and conditions of this Agreement, the City agrees to pay the Committee a total sum not
to exceed Five Thousand and No/100 Dollars ($5,000.00). Payment is expressly
conditioned upon the Committee providing a satisfactory fireworks display and
corresponding documentation evidencing/describing said completed fireworks
display.
4. Inspection and Audit. The Committee shall maintain books, accounts, records,
documents and other evidence pertaining to the costs and expenses allowable and
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consideration paid under this Agreement in accordance with generally accepted
accounting practices. All such books of account and records required to be maintained
by this Agreement shall be subject to inspection and audit by representatives of the City
and/or of the Washington State Auditor at all reasonable times, and the Committee
shall afford the proper facilities for such inspection and audit. Such books of account
and records may be copied by representatives of the City and/or of the Washington
State Auditor where necessary to conduct or document an audit. The Committee shall
preserve and make available all such books of account and records for a period of three
(3) years after final payment under this Agreement.
5. Status of Committee. Committee and the City understand and expressly agree
that Committee is an independent contractor in the performance of each and every part
of this Agreement. Committee 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.
6. Taxes and Assessments. Committee 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 this
Agreement. In the event the City is assessed a tax or assessment as a result of this
Agreement, Committee shall pay the same before it becomes due.
7. Nondiscrimination Provision. During the performance of this Agreement,
Committee 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, and selection for training.
8. Compliance with Law. Committee 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
Committee and/or its employees.
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10. Indemnification and Hold Harmless.
a. Committee shall defend, indemnify, and hold harmless the City, its
elected officers, officials, employees and agents from and against all claims, causes of
action, damages, losses, and expenses of any kind or nature whatsoever, including but
not limited to, attorney's fees and court costs, arising out of, relating to, or resulting
from Committee's performance or non-performance of the services, duties and
obligations required of it under this Agreement.
b. Nothing contained in this Section or this Agreement shall be construed to
create a liability or a right of indemnification in any third party.
c. This Section of the Agreement shall survive the term or expiration of this
Agreement and shall be binding on the parties to this Agreement.
11. 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. 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. The provisions of this Section shall survive the expiration or
termination of this Agreement with respect to any event occurring prior to such
expiration or termination.
12. 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.
13. Waiver of Breach. A waiver by either party hereto of a breach of the other party
hereto of any covenant or condition of this Agreement shall not impair the right of the
party not in default to avail itself of any subsequent breach thereof. Leniency, delay or
failure of either party to insist upon strict performance of any agreement, covenant or
condition of this Agreement, or to exercise any right herein given in any one or more
instances, shall not be construed as a waiver or relinquishment of any such agreement,
covenant, condition or right.
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14. 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.
15. Termination. Either party may terminate this Agreement, with or without
cause, by giving the other party five (5) calendar days advance written notice of
termination.
16. 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.
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:
City Manager
City of Yakima City Hall
129 North 2nd Street
Yakima, WA 98901
TO COMMITTEE: Tammi Ribail
Chair of the Yakima 4th of July Committee
C/O Key Bank
P.O. Box 182
Yakima, WA 98907-0182
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. 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.
19. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
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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:
R. A. Zais, J ., ityy Manager
DATE:
ATTEST:
By: liaA1441,ti..
Tammi Ribail, Chair
DATE: 5/S -%O
City Clerk
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Ya lam` -0�+m
Contract No. aO06 - 14/
Resolution No. 11 -0 d 5� - 7/
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ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.J`f
For the meeting of: 5/02/06
Consideration of a resolution authorizing execution of an agreement
with the Yakima 4th of July Committee to provide a fireworks display
on July 4, 2006.
SUBMITTED BY: Dennis Mayo, Fire Chief
CONTACT PERSON/TELEPHONE: Steve Scott, Deputy Chief - 575-6165
SUMMARY EXPLANATION:
As a part of the 2006 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 towards the cost of this event.
The Fourth of July Committee spends approximately $60,000 to put on the 4th of July
Celebration each year. The fireworks display alone costs approximately $28,000. Cash
and in-kind contributions from a broad base of supporters in the community and region
fund this event annually.
Resolution X Ordinance _ Other (Specify)
Contract X Mail to (name and address): Tammi Ribail, Yakima Fourth of July Committed,
C/O Key Bank, PO Box 182, Yakima, WA 98907-0182
Funding Source: General Fund -Fire Budget
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt the resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTIO NO. R-2006-71