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
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* 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
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.