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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 de-d--'6-e,Aili? City Clerk DAY OF 1991 * FOR OFFICIAL USE ONLY: CONTRACT NO: * * * * Provider: Address: * * * * Phone: Expenditure Code: * ***************************************************************** 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.. Zte.- re,c4 0 A horized Signature Title "1"..rce... -1; - ox Veo S-ri4 t•JA Address Work Phone Phone Number City of Yakima: Attest: City State Zip Code /2119 Home Phone Number Date City Manager City Clerk OTY (WW1 Q. 9/- c/ 0 / 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.