HomeMy WebLinkAbout05/03/2011 13 Fourth of July Committee Fireworks Display Agreement with Extension Options • BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 13
For the meeting of: May 3, 2011
ITEM TITLE: Consideration of a resolution authorizing the City Manager to execute an
Agreement with the Yakima Fourth of July Committee to provide a July 4th
fireworks display in 2011, with the option to extend said Agreement for three
successive one -year extensions for the years 2012, 2013 and 2014, provided
the City Council approves budget expenditures in said successive years.
SUBMITTED BY: Dave Willson, Interim Fire Chief
CONTACT PERSON/TELEPHONE: Dave Willson, Interim Fire Chief
SUMMARY EXPLANATION:
During the City Council meeting held on April 19, 2011, the City Council approved an
expenditure of $2,000 toward the City's participation in the 2011 Yakima 4th of July Celebration.
The attached Agreement identifies the responsibilities of the 4th of July Committee and the City
IP with regard to the event. Upon completion of the event, the City will contribute $2,000 towards
the cost of the event. The Agreement also authorizes the City Manager to execute up to three
successive renewals thereof for the years 2012, 2013, and 2014, upon Budget approval by the
City Council for each successive year.
Resolution X Ordinance _Other (Specify)
Contract X Mail to (name and address):
Funding Source: General Fund�B
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt the resolution.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
110 .
• RESOLUTION NO. R -2011-
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 regarding July 4 fireworks displays.
WHEREAS, the City desires a fireworks display on the evening of July 4 for the benefit
of the public and to celebrate the independence of the United States of America; and
WHEREAS, the City has approved an expenditure of $2,000.00 during its April 19, 2011
City Council meeting as the City contribution 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, if the City Council approves budget funding for up to three (3) successive
years (2012, 2013 and 2014 respectively) to contribute towards the July 4 fireworks display, by
said budget approval it further authorizes the City Manager to extend the contract each
successive year without having to request further Council approval; and
WHEREAS, the City Council deems it to be in the best interest of the City to execute the
attached agreement with the Yakima Fourth of July Committee, 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,
2011, and, subject to Council budgetary approval, for fireworks displays in 2012, 2013, and
2014, respectively.
ADOPTED BY THE CITY COUNCIL this 3rd day of May, 2011.
ATTEST: Micah Cawley, Mayor
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, a
Washington municipal corporation (hereinafter "City ") and the Yakima Fourth of July Committee, a
Washington nonprofit corporation (hereinafter "Committee ").
WHEREAS, the City desires a fireworks display on the evening of July 4, 2011, for the benefit
of the public and to celebrate the independence of the United States of America.
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, 2011. If this Agreement is extended pursuant to
Section 2 below, the Committee also agrees to provide a fireworks display (including necessary
personnel and materials) on the evening(s) of July 4 of each year of the extension(s) through the year
2014.
2. Term of Agreement. This Agreement commences upon execution hereof and shall terminate on
December 31, 2011, unless sooner terminated by either party in accordance with Section 14, or unless
extended as follows: the parties may extend this Agreement for three (3) additional one -year periods,
• through the year 2014, by written agreement executed by the parties prior to December 31 of each
respective year extensions are requested and for which budgetary allocations are approved. The City
Manager has the authority to execute such extensions on behalf of the City, subject to the Yakima City
Council's budgetary approval.
3. Consideration. In consideration of the Committee's performance of the terms and conditions of
this Agreement, the City agrees to pay the Committee a sum not to exceed Two Thousand and No /100
Dollars ($2,000.00) for the July 4, 2011 fireworks display. Payment is expressly conditioned upon the
Committee providing a satisfactory fireworks display and corresponding documentation evidencing and
describing said completed fireworks display.
4. 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.
5. 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.
6. 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
age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged
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veteran or military status, pregnancy, sexual orientation, and any other classification protected under
federal, state, or local law. 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. 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.
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, indemnify, 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.
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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.
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: City Manager
City of Yakima City Hall
129 North 2nd Street
Yakima, WA 98901
TO COMMITTEE: 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. Governin! 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, Jr., City Manager ,President
DATE: DATE:
ATTEST:
• City Clerk
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