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Home My WebLink AboutR-1993-035 Concession / FairRESOLUTION NO. R-93 3 5 A RESOLUTION: authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a 1993 Central Washington State Fair Concession and Exhibit Contract with the Central Washington Fair Association WHEREAS. the City of Yakima Public Works Department wishes to operate an information booth at the 1993 Central Washington State Fair, in order to better inform the public and promote better relations with the public; and WHEREAS. the Central Washington Fair Association which manages the State Fair will permit the Public Works Department to operate such a booth upon specific terms and conditions which are a part of a standard contract with exhibitors, and WHEREAS. the City Council finds that it is in the best interest of the City to enter into the above-mentioned agreement with the Fair Association and operate the exhibit booth, 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 1993 Central Washington State Fair Concession and Exhibit Contract which is attached and incorporated by this reference ADOPTED BY THE CITY COUNCIL this a-0 k-fi' day of ti , 1993. ATTEST. CI CLERK Gat --€4.1-Liddf MAYOR 1993 CENTRAL WASHINGTON STATE FAIR CONCESSION and EXHIBIT CONTRACT This Agreement, dated 4/1/93 between the Central Washington Fair Association, hereinafter called the Association, and CITY OF YAKIMA PUBLIC WORKS DEPT. Willma Meyer 2301 Fruitvale Blvd. Yakima, WA 98902 hereinafter called the Exhibitor WITNESSETH: The Association hereby grants and leases to said Exhibitor, certain rights, privileges, and space for the duration of the 1993 CENTRAL WASHINGTON STATE FAIR, hereinafter called the Fair, to be held SEPTEMBER 24, 1993 TO OCTOBER 2, 1993, in Yakima, Washington, to conduct, operate, and sell upon said premises, such business and articles as are set out below, and no other Space or location. 4124 & #125 — SunDome Privileges granted under this contract give the Exhibitor permission to conduct or sell: Display various photos, posters, standing display, videos, signal light display, park bench, plant potted trees, and handouts. Additionally. The privilege let under the terms of this contract is for a term of the period of the 1993 Central Washington State Fair, and in consideration of the payment by said Exhibitor to the said Association, of. $1.140.00 And the following covenants are agreed to by the said Exhibitor The amount of deposit as partial payment upon this privilege contract, due and payable no later than 4/30/93 and non-refundable. THE BALANCE OF THIS CONTACT IS DUE SEPTEMBER 1, 1993. unless otherwise noted, and non-refundable. Failure to pay all sums due on this contract on the day and at the hour provided herein shall work a forfeiture by the Exhibitor of all privileges herein described, together with any payment he may have made, and he shall surrender to the Association immediate possession of all space or lots oc cupied under the terms of this contract. 1 The Association reserves the right to amend, interpret, and add to the rules and regulations governing the exhibitors and settlement of any differences, questions with respect thereto, arising out of, connected with, or incident to the Fair 2. The Exhibitor agrees to conduct privilege granted by this contract without infringement upon the rights of others; not to handle or sell any commodity for which an exclusive right has been sold, or engage in any business. or sell any commodity upon the Fairgrounds, other than that expressly stipulated in this contract, and will confine all his operations to the space and privilege as hereinbefore set out. 3. The owner or custodian of property of any kind brought to the Fairgrounds, either for exhibit or for other purposes, assumes, as a condition of its admission to the Fairgrounds, all risk of any respon- sibility for its loss, damage, or theft. 4 The Fair employs guards, traffic directors, and other personnel to protect property on the Fairgrounds and assure the safety of persons. The Association and its officers and employees cannot and will not accept responsibility and liability for any damage or injury resulting from theft, fire, the elements, accidents, or other conditions or causes, whether to exhibits, property of exhibitors, vehicles on the grounds and articles left therein, or any other property of any nature whatsoever 5 The Exhibitor further agrees to indemnify, defend, and hold the Association harmless from all claims and damages to persons or property arising directly or indirectly out of the Exhibitor's activities conducted under this contract and the Exhibitor's use and occupancy of subject premises and further agrees to procure and maintain in force a Commercial General Liability Coverage Policy This Policy shall include the following: a Everyone that sells a product, gives away something, has a display on the Fairgrounds, or sells or distributes consumable food, must have insurance which shall be at One Million Dollars ($1,000,000) Combined Single Limit Per Occurrence and One Million Dollars (S1,000,000) Aggregate for bodily injury to one or more persons and property damage. b. Coverage shall be of the Commercial Liability type in usual use and shall include Products Liability. c. The Exhibitor/Concessionaire shall be named insured on the policy, and the CENTRAL WASHINGTON FAIR ASSOCIATION, ITS OFFICERS, AGENTS, AND EMPLOYEES, AND THE BOARD OF YAKIMA COUNTY COMMISSIONERS, SHALL BE ADDITIONAL INSUREDS listed thereon. Certificates must be deposited with the Association with the first payment on this contract 6 The Exhibitor agrees to operate said exhibit in conformity with all Federal and State laws, County ordinances, and rules of State and County health authorities. Any violation of the foregoing will enti- tle the Association to cancel said contract and cause same to be removed with no right of recourse by the Exhibitor against the Association and the Association may keep and retain any fees the Exhibitor previously paid for said space 7 A violation of any of the terms and stipulations of the privilege contract shall cause the full amount of the contract to become due and work a revocation and forfeiture of all rights and privileges therein granted to the Exhibitor, in which event all sums paid or contracted to be paid, shall become the property of the Association as liquidated damages for such breach. The Association shall have a hen upon all property being kept, used, or situated upon leased premises, or Fairgrounds, whether such property be exempt or not, for any unpaid rents, and any damages sustained by breach of contract by said Exhibitor The Association shall have the right to distrain such property without process of law, and appropriate such property to the use of said Association to satisfy all claims 8 In the event of any court action regarding this contract, the prevailing party shall be entitled to reasonable attorneys' fees and costs, all of which the non -prevailing party agrees to pay 9 The Exhibitor acknowledges receipt of the accompanying "Rules and Regulations" and agrees these "Rules and Regulations" are incorporated in and made a part of this contract IN WITNESS WHEREOF, the parties have caused these presents to be executed in triplicate, the day and date first above written. For Office Use Only: CENTRAL WASHINGTON FAIR ASSOCIATION $570.00 Paid $ On Paid $ On Original — Fair Copy Duplicate — Exhibitor Copy Trolicate — File Copy By. EXHIBITOR CITY OF YAKIMA By. ATTEST: R.A. Zais, Jr., City Manager City Clerk Washington State Sales Tax Number 91-6001791 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. f t For Meeting of April 20. 1993 ITEM TITLE: Resolution Authorizing Contract Between Public Works Department and Central Washington Fair Association SUBMITTED BY: Jerry Copeland, Director of Public Works CONTACT PERSON/TELEPHONE: Jerry Copeland, Director of Public Works 575-6005 SUMMARY EXPLANATION: The Public Works Department participated in the Central Washington Fair in 1992 by having an Exhibit about the activities and functions of this Department. It is planned to have the exhibition again; therefore, Council approval is required for Staff to participate. Resolution .. Ordinance _ Contract x Other (Specify) Funding Source Public Works Advertising Budget APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution No. R-93-35