HomeMy WebLinkAboutR-2006-143 Yakima Sunfair Festival Association AgreementRESOLUTION NO. R-2006- 143
A RESOLUTION ratifying the City Manager's execution of an agreement between the City of
Yakima and the Yakima Sunfair Festival Association for the arrangement of
tourist promotion services for the Sunfair Parade.
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's execution of the attached and incorporated "Promotion Services
Agreement Between the City of Yakima and Yakima Sunfair Association" is hereby ratified.
ADOPTED BY THE CITY COUNCIL this 3rd day o : tober, 2006
A :1_, ._ A/ /
/ ''AVID EDLER, Mayor
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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 23, 2006, 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 23, 2006.
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 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 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,
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
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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.
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. Severabilitv. 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.
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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.
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
By:�\
R.A. Zais, J ., ity Manager
1/5-/,616
Date:
ATTEST:
YAKIMA SUNFAIR FESTIVAL
ASSOCIATION _
By:
Its: A- e51,4 P 7
Date: 10/ 9/0 C'
y City Clerk
City Contract No.
Resolution No. R-R406/y3
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ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. *13
For the meeting of: 10/03/06
A Resolution ratifying the City Manager's execution of an agreement
between the City of Yakima and the Yakima Sunfair Festival Association
for the arrangement of tourist promotion services for the Sunfair Parade.
m R. Cook
Director of Community and Economic Development
CONTACT PERSON/TELEPHONE: William R. Cook (575-6113)
SUMMARY EXPLANATION:
As a part of the 2006 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.
The event was completed on September 23, 2006. 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:
CityManager
STAFF RECOMMENDATION: Adopt Resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-143
Legal/BD 1
Acend_, JH