HomeMy WebLinkAboutR-2015-061 Fireworks Display Agreement with the Yakima Fourth of July Committee; July 4, 2015A RESOLUTION
RESOLUTION NO. R-2015-061
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 to provide a fireworks display on the evening of
July 4, 2015.
WHEREAS, the City desires a fireworks display on the evening of July 4, 2015
for the benefit of the public and to celebrate the independence of the United States of
America; and
WHEREAS, the City has budgeted $20,000 in 2015 for said fireworks display;
and
WHEREAS, the City does not have the specialized expertise necessary to
provide said fireworks display; and
WHEREAS, the Yakima Fourth of July Committee has the experience, expertise,
materials, and personnel to prove said fireworks display; and
WHEREAS, the City Council deems it to be in the best interest of the City to
contract with the Yakima Fourth of July Committee to utilize their experience, expertise,
materials, and personnel 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 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, 2015..
ADOPTED BY THE CITY COUNCIL this 5th day of May, 2015.
rpara,
Micah Cawley,Nlayor
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,
hereinafter the "City", and the Yakima Fourth of July Committee, a nonprofit corporation,
hereinafter the "Committee "
WHEREAS, the City desires a fireworks display on the evening of July 4, 2015, for the
benefit of the public and to celebrate the independence of the United States of America
WHEREAS, the City has budgeted Twenty Thousand and No/100 Dollars ($20,000) in
2015 for said fireworks display.
WHEREAS, the Committee has the experience, expertise, materials, and personnel to
provide said fireworks display
NOW, THEEFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and the Committee as the
follows:
1. Scope of Services. The Committee agrees to provide a fireworks display (including
necessary personnel and materials) on the evening of July 4, 2015
2. Term of Agreement. The term of this Agreement commences upon execution hereof
and shall terminate upon satisfactory provision of the services required hereunder and
payment by the City of the necessary consideration to Committee stated in Section 3,
unless sooner terminated by either party in accordance with Section 15
3. Consideration. In order to enable the Committee to purchase or otherwise acquire the
necessary fireworks and accessory equipment or products to provide the July 4, 2015
public fireworks display, the City agrees to pay the Committee a total sum not to exceed
Twenty Thousand and No/100 Dollars ($20,000). In the event the public fireworks
display is not conducted, and such failure to conduct the display is determined to be the
fault of the Committee, the Committee shall return and remit such funds to the City.
4. Inspection and Audit. The Committee 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 Committee 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 Committee shall
Page lof4
preserve and make available all such books of account and records for a period of three
(3) years after final payment under this Agreement.
5. 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
the Agreement. Committee 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. Taxes and Assessments Committee 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, 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
7. 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 race, color, sex, religion, nation 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 or other
forms of compensation, and selection for training
8. 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.
9. No Insurance. It is understood the City does not maintain liability insurance for
Committee and/or its employees
10. Indemnification and Hold Harmless.
a Committee shall defend, indemnify, and hold harmless the City, its elected
officers, officials, employees and agents from and against all claims, causes of
action, damages, losses, and expenses of any kind or nature whatsoever,
including but not limited to, attorney's fees and court costs, arising out of, relating
to, or resulting from Committee'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
c This Section of the Agreement shall survive the term or expiration of this
Agreement and shall be binding on the parties to this Agreement.
11. Liability Insurance On or before date of this Agreement is fully executed by the
parties, Committee shall provide the City with a certificate of insurance as proof of
Page 2of4
liability insurance with minimum liability limit of Two Million Dollars ($2,000,000 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
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 The insurance shall be with an insurance company7
or companies rated A -VII 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 expiration or
termination.
12. 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.
13. 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.
14. Severability If any portion of this Agreement is changed per mutual agreement or any
portion is held invalid, the reminder of the Agreement shall remain in full force and effect.
15. 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
16. 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.
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 COMMITTEE'
City Manager
City of Yakima City Hall
129 North 2nd Street
Yakima, WA 98901
Micah Cawley
Chair of the Yakima 4th of July Committee
P 0 Box 856
Page 3of4
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. 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 wither party unless such change or addition be in writing and executed by both
parties.
19. Governing Law. This Agreement shall be governed by and constructed 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 ' AKIMA
By.
Tony O'Rourk
Date:
4. c.'ATTEST:
fj
-
rit Cle Y
Contract No
Resolution No.
�o�s -iia
YAKIMA FOURTILI OF JULY COMMITTEE
By.
Date
I )s
/c gn15-9b/
Page 4of4
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No 5 F
For Meeting of May 5 2015
ITEMTITLE Resolution authorizing execution of an agreement with the Yakima
4th of July Committee to provide a fireworks display on July 4 2015
SUBMITTED BY Cmdy Epperson Director of Finance & Budget
SUMMARY EXPLANATION
As a part of the 2015 Budget process the City agreed to participate m the 4th of July Celebration for this
year The attached agreement identifies the responsibilities of the Yakima 4th of July Cornrntttee and the
City with regard to the event Because this event potentially reduces the number of people doing
individual fireworks and the resulting ask of fires and bangs in visitors to support economic
development the City is contributing $20 000 towards the 4th of July fireworks di spl ay at the State Fair
Park
Resolution X Ordmance
Other (Specify)
Contract X Contract Term For the Event
Start Date May 6 2015 End Date July 5 2015
Item Budgeted Yes Amount $20 000
Funding Source/FiscalImpact Economic Development
Strategic Priority Public Safety
Insurance Required9 Yes
Mad to Yakima s 4th of July Committee PO Box 856 Yakima WA 98907
Phone
APPROVED FOR
SUBIVUTTAL
RECOMMENDATION
Adopt Resolution
4,41
City Manager
ATTACHMENTS:
Description Upload Date Type
❑ Resolution 4th of July Committee 4/28/2015 Resolution
❑ 4th of July Agreement 4/28/2015 Cover Memo