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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 turik"-fe-m- 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 K1111--iff-41014- wily-.1111mi"- I . 6 Sig 'r F.,W M-1--vLOW Va'A-UraSSeB5T()e(II as a rGM • L1115 • eVmum, ASSOCIaTIOrl Van • Me same Deture R Deuamuti due. 6 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. is I a I . * . 1 6 giligim 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. Nssoclailon Mail prU,IrI,#.0 Efte tdity1farl a U01intuate (it insfrance as proOT OTIMU1111jr I1ISPJU[1(X 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, W 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. 11- M-O 1101 IN1111111111 I a JTZ f� I j I r 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 ATTE St. #ya-C4464"It' City Clerk k"', C41, cu CITY CONTRACT NO" 9DaA-CA7 RESOLUTION NO: in J 2021