HomeMy WebLinkAboutCentral Washington Fair Association - Fireworks Display AgreementM41MM13-11111ATLIMM"HoLel
THIS FIREWORKS DISPLAY AND ENTERTAINMENT AGREEMENT — 2021 ("Agreement") is
made and entered into by and between the City of Yakima, hereinafter the "City ", and Central
Washington Fair Association, a nonprofit corporation, hereinafter the "Association."
WHEREAS, the City desires a fireworks display on the evening of July 4, 2021, for the
benefit of the public and to celebrate the independence of the United States of America; and
WHEREAS, the City Council has authorized and budgeted up to Fifteen Thousand and
No/1 00 Dollars ($15,000) for the 2021 fireworks display; and
WHEREAS, the Association 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 Association as follows:
1. Scope of Services. The Association agrees to provide a fireworks display (including necessary
personnel and materials) and community entertainment on the evening of July 4, 2021.
2. Term of Agreement. The term of this Agreement commences upon execution hereof and shall
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of the necessary consideration to Association stated in Section 3, unless sooner terminated by
either party in accordance with Section 16.
3. Consideration. In order to enable; -the Association to purchase or otherwise acquire a portion
of the necessary fireworks and accessory equipment or products to provide the July 4, 2021 public
fireworks display, the City agreesito ` pay the Association a total sum not to exceed Fifteen
Thousand and No/100 Dollars ($15,000). In the event the public fireworks display is not
conducted the Association shall return and remit all such funds to the City.
4. Inspection and Audit. The Association shall maintain books, accounts, records, documents
and other evidence pertaining to the costs and expenses allowable and 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 Association 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 Association
shall preserve and make available al! such books of account and records for a period of six (6)
years after final payment under this Agreement. All records relating to Appraiser's services under
this Contract must be made availabl e to the City. They must be produced to third parties if
required pursuant to the Washington Public Records Act, Chapter 42.56 RCW or by law. All
minimum period of time required pursuant to the Washington State Secretary of State's record
• schedule.
5. Status of Association. Association and the City understand and • agree that
Committee is an independent contractor in the performance of each and every part of the
Agreement. Association and its employees shall make no claim of City employment nor shall
claim against the City and related employment benefits, social security, and / or retirement.
6. Reports. The Association shall submit a written report to the City Manager no later than 30
days after the condus�lon of the July" 4, 2021 event.
7. Taxes and Assessments. Association shall be solely responsible for compensating its
•.• and for paying all related: taxes, deductions, and assessment$, including but not
limited to. federal income tax. FlU. social sectiritvAzy.. iwcome vAiic�i iuiov 4.ie rewuire4 hv lm&kva
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9. Compliance with Law. Association 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.
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P. Association shall defend, • and hold harmless the City, its elected and
appointed officers, offici.als,,employees and agents from and against all claims, causes
of action, damages, losses, and expenses of any kind or nature whatsoever, including
• riot limited to, attorney's fees and court costs, arising •' • relating to, or resulting
from Association'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,
This •.. • the Agreement shall survive the term or expiration of this Agreement'
and shall be binding oni the parties to this Agreement.
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minimum liability limit of Two Million Dollars ($2,000,000) combined single limit bodily injury and
property damage. The certcate shall clearly state who the provider is, the amount of coverage,
the policy number, and when the duration of this Agreement. The policy shall name the City, its
elected officials, officers, agents, and! employees as additional insureds. The insured 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 V- 11 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
z�xpiration or termination,
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14. 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,
Ngreernerit isviangea per mutual agreement or any portiou
is held invalid, the reminder of the Agreement shall remain in full force and effect.
16. Terminate. Either party may terminate this Agreement, with or without cause, by giving the
other party five (5) calendar days advance written notice of termination,
17. 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 parities 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:
Or to such other addresses as the,66rties 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.
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20. Governing Law.. This Agreement shall be governed by and constructed in accordance with
the laws of the State of Washington.
21. Venue. The venue for any action to enforce or interpret this Agreement shall lie in a court of
competent jurisdiction in YakimaCounty, Washington.
WHEREFORE, this Agreement shall be effective on the date signed by the last party to sign
below.
CITY OF YAKIMA
By,
Robert Har is6n, City Manager
Date: June 2021
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#ya-C4464"It' City Clerk
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CITY CONTRACT NO" 9DaA-CA7
RESOLUTION NO:
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2021