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Home My WebLink AboutR-2009-032 July 4th Fireworks Displays Agreement with Yakima Fourth of July CommitteeRESOLUTION NO. R-2009-32 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 budgeted $5,000.00 in 2009 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 budgets funds in the next three years to contribute towards the July 4 fireworks display, it desires that the City Manager be authorized to extend the contract without having to return to Council; 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, 2009, and, subject to Council budgetary approval, fireworks displays in 2010, 2011, and 2012. ADOPTED BY THE CITY COUNCIL this 24th day ofbruary, 2 David Edle , Mayor R - Zo 09-3 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, 2009, 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, 2009. 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). 2. Term of Agreement. This Agreement commences upon execution hereof and shall terminate on December 31, 2009, unless sooner terminated by either party in accordance with Section 14, or unless extended as follows: the parties may extend this Agreement for 3 additional one-year periods by written agreement executed by the parties prior to December 31 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 Five Thousand and No/100 Dollars ($5,000.00) for each July 4 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 apphcable 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 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, Page 1 of 3 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 �r 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 termmation. 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. Page 2 of 3 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 obhgation 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: TO COMMITTEE: City Manager City of Yakima City Hall 129 North 2nd Street Yakima, WA 98901 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. Governing 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 By: R. A. Zais, Jr., City Manager DATE: �~�°\ Al !EST Page 3 of 3 YAKIMA FOURTH OF JULY COMMITTEE BcZt--a fitickn-eu & r4 ri President DATE: 3 Crc City Clerk CITY CONTRAC f NO: RESOLUTION NO' n _AV%I 3� • • USINESS OF THE CITY COUNCIL YAKIMA, WASHIN^TOf AGENDA STATEMENT Item No. 4( r) For the meeting of: 2/24/09 ITEM TITLE: Consideration of a resolution authorizing the City Manager to execute an agreement with the Yakima Fourth of July Committee to provide July 41h fireworks displays. SUBMITTED BY: Charlie Hines, Fire Chief CONTACT PERSON/TELEPHONE: Dave Willson, Deputy Chief SUMMARY EXPLANATION: As a part of the 2009 Budget, the City agreed to participate in the City's 4th of July Celebration. 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 the event. The agreement also permits the City Manager to execute renewals of the agreement for the next 3 years, upon Budget approval from the City Council. Resolution X Ordinance _ Other (Specify) Contract X Mail to (name and address): Funding Source: General Fund --Fire Bud•e APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt the resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: City Manager