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HomeMy WebLinkAboutR-1991-D5902 Accent Tours & Charters / Seahawk Tickets• RESOLUTION NO D 5902 A RESOLUTION Authorizing execution of an Agreement with Accent Tours and Charter Inc WHEREAS, the Parks and Recreation Division of the Department of Public Works purchases and facilitates the selling of Seahawk football tickets, and WHEREAS, such selling of tickets require the services of a chartered tour company to market, promote and sell the tickets, and WHEREAS, Accent Tours and Charters Inc has offered to provide these chartered services to the City of Yakima in return for the right to purchase the City s Seahawk football tickets, and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with Accent Tours and Charters 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 Accent Tours and Charters Inc for the period from March 15, 1991 to December 31, 1991 / ADOPTED BY THE CITY COUNCIL THIS L.) DAY OF ATTEST City Clerk 1991 Mayor ******************************************** ::************** :**** * FOR OFFICIAL USE ONLY: CONTRACT NO: * * * * Provider: Address: * * * * Phone: Expenditure Code: * ***************************************************************** 1991 AGREEMENT BETWEEN THE CITY OF YAKIMA AND ACCENT TOURS AND CHARTERS INC. This Agreement is made and entered into the ivy day of APPAL 1991, by and between the City of Yakima, Department of Public Works, Parks and Recreation Division, herein referred to as the 'City' and Accent Tours and Charters Inc., a Business herein referred to as 'Accent'. WHEREAS, the City finds it necessary to contract with Accent to market, promote and sell the City's 1991 season Seahawk football tickets. WITNESSETH: That for and in consideration of mutual convenants, promises and agreements, herein contained the parties mutually agree as follows: 1. The responsibility of marketing, promoting and selling of the City's 1991 season Seahawk football tickets is assumed by Accent. The total number of tickets to be sold to Accent is four hundred seventy (470). 2. During the performance of this Agreement, Accent 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 Aceent are contained in Attachment 'A' which is attached and incorporated into this Agreement. 4. It is expressly agreed upon by both parties that Accent, are not employees of the City. Accent 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 Accent and/or it employees. 8 Accent 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 the effective date of this Agreement Accent, shall provide to the City a copy of their current business license, with all appropriate licenses, certifications and permits which entitles it to operate as a certified charter company within the State of Washington. 8. On or before the effective date of this Agreement Accent, shall provide to the City proof of liability of 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. 9. As consideration for the services specified in this Agreement, the City agrees to sell its 1991 season Seahawk football tickets to Accent, and Accent agrees to compensate the City according to the payment schedule, Attachment 'B' which is attached and incorporated into this Agreement. 10. This Agreement, or any interest therein, can not be assigned in whole or in part by Accent to any other party unless mutually agreed upon by both the City and Accent. 11. If Accent 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 Accent five (5) days notice of termination. 12. If the City fails to comply with the terms and conditions of this Agreement, Accent may terminate this Agreement by written notice, giving the City thirty (30) days notice of termination. 13. If for any reason prior to termination of this Agreement as provided herein Accent fails to provide the services specified in this Agreement, the City shall demand payment in full on all 1991 season Seahawk football tickets. Accent shall be held liable for any and all additional expenses to the City if such a failure should occur. 14. 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. 15. This Agreement constitutes the entire Agreement between the parties. There is no other oral or written Agreements between the parties as to the subjects covered herein. 16. 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. Accent Tours and Charter Inc.: P-Tt- e5 • Authorized Signature Title o. p alwenct Address - 5-1 - 5°49 Work Phone Number City of Yakima: \AA cRA City - City State Zip Code - 0240(9 22- At9g- cl Home Phone Number Date City Manager Attest: City Clerk Clerk CITY CONTYACT q/ 3 C,/ D, -5 9C Date ATTACHMENT "A' AREAS OF RESPONSIBILITIES: 1. The City of Yakima Parks and Recreation Division shall: A. Secure the City's allocated 1991 season Seahawk football tickets from the Seahawks Ticket Office. B. Sell all the City's allocated 1991 Seahawk football tickets to Accent. C. Provide Accent with a complete 1991 season Seahawk football tickets inventory, specically showing how many were purchased and at what cost. D. Make available to Accent a copy of any City promotional materials prior to its distribution. E. Promote the purchase of 1991 season Seahawk football tickets within its 1991 Fall and Holiday Program Guide F. Continue to promote and advise the public of the availablity of 1991 season Seahawk football tickets from Accent. G. Acknowledge Accent as a co-sponsor on all City promotional materials. 2. Accent Tours and Charters Inc. shall: A. Purchase the City's allocated 1991 season Seahawk football tickets at two dollars ($2.00) per ticket over the City's cost. B. Remit a six thousand dollar ($6,000) payment to the City on or before March 22, 1991, by 4:00 PM for the initial down payment on the tickets. C. Not charge more than fifty dollars ($50.00) per ticket to the public, unless incorporated into a total charter package. D. Acknowledge the City in all marketing and promotional materials and advertising associated with the selling of the City's 1991 season Seahawk football tickets. E. Make available to the City a copy of any marketing and promotional materials a minimum of seven (7) days prior to its distribution. F. Make the final payment to the City, for the remaining amount owed for the City's tickets on or before May 15, 1991 by 4:00 PM. G. Pay the City its two dollar ($2.00) per ticket commission on or before December 1, 1991, by 4:00 PM. H. Provide to the City a final year end statement showing how many tickets were sold and at what price, by February 1, 1992. Specifically noted should be the amount of gross mark-up Accent was able to sustain on the City's allocated 1991 season Seahawk football ticket sales. ATTACHMENT 'B' PAYMENT SCHEDULE: 1. Th 5.: City of Yakima Park nd F(...'oration Diviion -11a11; A. Reserve the City's allocated 1991 season Seahawk football tickets by March 15, 1991. B. Pay the initial six thousand dollar ($6,000) deposit to the Seahawk's ticket office by March 22, 1991. C. Pay the final payment of five thousand seven hundred fifty dollar ($5,750) to the Seahawk's ticket office by June 1, 1991. 2. Accent Tours and Charters Inc. shall: A. Make the initial six thousand dollar ($6,000) payment to the City on or before March 22, 1991, by 4:00 PM. B. Make the final five thousand seven hundred fifty dollar ($5,750) payment to the City on or before May 15, 1991, by 4:00 PM. C. Pay the nine hundred forty dollars ($940) commission owed to the City on or before December 1, 1991, by 4:00 PM.