HomeMy WebLinkAboutR-1991-D5901 Tree Top•
RESOLUTION NO
11 5901
A RESOLUTION Authorizing execution of an Agreement with
Tree Top Inc
WHEREAS, the Parks and Recreation Division of the Department
of Public Works recognizes the regional and national significance
of the Tree Top Bicycle Classic, and
WHEREAS, Tree Top Inc in conjuction with, the Chinook
Cycling Club and Memorial Hospital possesses the expertise needed
to conduct the Tree Top Bicycle Classic, and
WHEREAS, Tree Top Inc has offered to provide this expertise
to the City of Yakima in return for the services spelled out in
this Agreement, and
WHEREAS, the City Council deems it to be in the best
interest of the City of Yakima to contract with Tree Top Inc for
these services, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA
The City Manager and the City Clerk are hereby authorized
and directed to execute the attached and incorporated '1991
Agreement Between the City of Yakima and Tree Top Inc for the
period from April 1, 1991 to July 1, 1991
ADOPTED BY THE CITY COUNCIL THIS
ATTEST
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City Clerk
DAY OF
1991
* FOR OFFICIAL USE ONLY: CONTRACT NO: *
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* Provider: Address: *
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* Phone: Expenditure Code: *
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1991 AGREEMENT
BETWEEN THE CITY OF YAKIMA AND
TREE TOP INC.
This Agreement is made and entered into the t/ day of AWL
1991, by and between the City of Yakima, Department of Public
Works, Parks and Recreation Division, herein referred to as the
'City' and Tree Top Inc., a Corporation herein referred to as
'Tree Top'.
WHEREAS, the City finds it necessary to contract with Tree Top to
plan, implement and promote the 1991 Tree Top Bicycle Classic.
WITNESSETH: That for and in consideration of mutual convenants,
promises and agreements, herein contained the parties mutually
agree as follows:
1. The responsibility of planning, implementing and
promoting the Tree Top Bicycle Classic is assumed by
Tree Top.
2. During the performance of this Agreement, Tree Top
shall not discriminate on the basis of race, color,
sex, religion, national origin, creed, or the presence
of any sensory, mental or physical handicap.
3. Special areas of responsibilities for both the City and
Tree Top are contained in Attachment 'A' which is
attached and incorporated into this Agreement.
4. It is expressly agreed upon by both parties that Tree
Top, are not employees of the City. Tree Top is solely
responsible for compensating their employees and
complying with all applicable laws related to such
employment, including but not limited to payment of
Federal Witholding Tax, FICA, Social Security Tax,
Assessment for Unemployment and Industrial Injury.
5. It is understood that the City does not maintain
liability insurance on Tree Top and/or it employees.
6 Tree Top shall defend, indemnify and hold harmless the
City, its agents, officers, and employees from any and
all liability resulting out of the performance of this
Agreement.
7. On or before May 1, 1991 Tree Top, shall provide
to the City's Athletic Coordinator proof of liability
insurance in the amount of one million dollars that
clearly states 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.
8. As consideration for the services specified in this
Agreement, Tree Top agrees to compensate the City
according to the payment schedule, Attachment 'B' which
is attached and incorporated into this Agreement.
9. This Agreement, or any interest therein, can not be
assigned in whole or in part by Tree Top to any other
party unless mutually agreed upon by both the City and
Tree Top.
10. If Tree Top fails to comply with the terms and
conditions of this Agreement in such a manner that the
Parks and Recreation Manager in his sole discretion
deems that the continuation of this Agreement is no
longer in the best interest of the City, the City may
terminate this Agreement by written notice, giving Tree
Top five (5) days notice of termination.
11. If the City fails to comply with the terms and
conditions of this Agreement, Tree Top may terminate
this Agreement by written notice, giving the City
thirty (30) days notice of termination.
12. If for any reason prior to termination of this
Agreement as provided herein Tree Top fails to provide
the services specified in this Agreement the City shall
demand payment in full on all services provided toward
the 1991 Tree Top Bicycle Classic. Tree Top shall be
held liable for any and all additional expenses to the
City if such a failure should occur.
13. All notices required by this Agreement shall be deemed
properly served when deposited in the United States
Mail three (3) days prior to any deadline listed
herein, postage prepaid, and addressed to the
appropriate party at the addresses listed below.
14. This Agreement constitutes the entire Agreement between
the parties. There are no other oral or written
Agreements between the parties as to the subjects
covered herein.
15. 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 force.
Tree Top Inc..
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A horized Signature Title
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Address
Work Phone Phone Number
City of Yakima:
Attest:
City State Zip Code
/2119
Home Phone Number Date
City Manager
City Clerk
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Date
ATTACHMENT 'A'
AREAS OF RESPONSIBILITIES:
1. The City of Yakima Parks and Recreation Division shall:
A. Provide Pre -Race Services
1. Promote the Tree Top Bicycle Classic in its
1991 Spring Program Guide. Do its utmost to see
that its efforts contribute to the on-going
success of the Tree Top Bicycle Classic.
2. Develop registration material and procedures,
sending the material to Tree Top for type-
setting, printing and inclusion in the Tree
Top Bicycle Classic Promotional Packet.
3. Submit to Tree Top a list of office supplies
needed for the registration process on or
before April 5, 1991.
4. Provide a mailing list to Tree Top upon written
request from the Race Director.
5. Handle public inquiries regarding general
information concerning the Tree Top Bicycle
Classic.
6. Refer specific inquiries to the Race Director,
or other appropriate person as necessary.
7. Mail Tree Top Bicycle Classic registration
information to inquiries as requested.
8. Coordinate through the Yakima Police Department
and the City's Traffic Department the setting out
and removing of barricades and cones.
B. Register Tree Top Bicycle Classic Participants
1. Become the receiving point for all registrations
and entry forms.
2. Verify registration information and make sure it
is complete.
3. Receipting registrations, T-shirt and other fees.
4. Registration receipts to be included in entrants'
race packet.
5. Recording of entrant data.
S. Collect additional information from entrant as
necessary.
7. Processing of NSF checks.
0
u. Confirming the number and level of all entrants.
9. Assigning of race numbers to entrants.
10. Coordinate with the Race Director the assembling
of the materials and preparation of the pre-
registered entrants' packets.
C. Provide On -Site Registration on Race Day(s)
1. Prepare extra registration packets on or before
the day(s) of the Tree Top Bicycle Classic.
2. Provide staff to collect and process registration
fees for both Tree Top Bicycle Classic day(s).
3. Provide registration information to the Race
Director necessary to run each race, such as;
specific entrant information, outstanding fees
to be collected on-site, NSF checks, etc.
2. Tree Top Inc. shall:
A. Acknowledge the City in all marketing and promotional
materials and advertising associated with the 1991 Tree
Top Bicycle Classic.
B. Provide the City with all office supplies needed to
register entrants by April 12, 1991.
C. Reimburse the City for all direct costs associated with
the Tree Top Bicycle Race up to a maximum of $2.50 per
entry.
D. Pay the City a late fee for every on-site registration
including any entry whose fees were waived.
E. Provide the City with a written authorized list of all
entrants whose fees have been waived by May 1, 1991.
F. On race day(s), designate one (1) Committee member or
Race Official who has the authority to waive fees and
make this person available to the City staff. Failure
to provide such a person shall result in no unathorized
waivers being given.
G. Provide a written post -race summary to the City's
Athletic Coordinator on or before May 17, 1991, by
5:00 PM. The City has the right of set-off as to any
accrued fees in the nature of a penalty or
reimbursement for failure to perform.
ATTACHMENT 'B'
PAYMENT SCHEDULE:
1. The City of Yakima Parks and Recreation Division shall:
A. Pay the Tree Top Race Committee all collected race fees
received to date, by May 3, 1991, with appropriate
estimated City fees and charges withheld.
B . Provide an itemized statement to the Tree Top Race
Committee specifically spelling out all City fees and
charges accrued as of May 3, 1991.
C. Provide the Tree Top Race Committee a final
reconciliation of accounts, complete with billing
and adjusted payment if necessary by May 31, 1991.
D. Provide a post -race report by May 31, 1991, which
itemizes all actual expenses incurred by the City, and
the fees paid by the Tree Top Race Committee.
2. Tree Top Inc. shall:
A. Pay the City a $5.00 processing fee for any NSF Checks
processed, plus the collection fee if taken to
collection.
B . Pay the City for all direct costs associated with the
Tree Top Bicycle Classic up to a maximum of $2.50 per
entry.
C. Pay the City a late registration fee of $4.00 for every
on-site registration including any entry whose fees
were waived.
D . Provide the City with a complete written post -race
financial statement no later than June 5, 1991, by
5:00 PM. The City has the right of set-off as to any
accrued fees in the nature of a penalty or
reimbursement for failure to perform.
E. Pay the City for all actual expenses incurred and
itemized by the City in its post -race report on or
before June 15, 1991.