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HomeMy WebLinkAboutR-1993-037 Tree Top / Bicycle RaceRESOLUTION NO. R-93- 3 7 A RESOLUTION authorizing execution of an agreement with Tree Top, Inc. for services relating to the Tree Top Bicycle Racing Classic for 1993. WHEREAS, the Parks and Recreation Division of the Department of Public Works recognizes the regional and national significance of the Tree Top Racing Classic and has assisted through contract agreements in planning and conducting the race event; and WHEREAS, Tree Top, Inc., in conjunction with the Chinook Cycling Club and Memorial Hospital, desires to sponsor the Tree Top Bicycle Racing Classic in the City and adjacent Yakima County area, 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 "1993 Agreement Between the City of Yakima and Tree Top, Inc." ADOPTED BY THE CITY COUNCIL this `day of , 1993. QM 4MAAaif-- ATTEST: Mayor City Clerk (1s)res/vanek/tree top.jv 1993 AGREEMENT BETWEEN THE CITY OF YAKIMA AND TREE TOP, INC. WHEREAS, Tree Top, Inc. desires to sponsor the Tree Top Bicycle Racing Classic for 1993 which will include a race within the City and another in unincorporated Yakima County on May 15 and 16, 1993; and WHEREAS, Tree Top, Inc., desires to use the expertise of the City's Parks and Recreation Division in planning and conducting said races, now, therefore, This Agreement is made and entered into this / C- day of 1`206.t. ' , 1993, by and between the City of Yakima, Department of Public Works, ' arks and Recreation Division, herein refereed to as the "City" and Tree Top, Inc., a Washington Corporation, herein referred to as "Tree Top." WITNESSETH: That for and in consideration of mutual covenants, promises, and agreements herein contained, the parties mutually agree as follows: 1. The responsibility of planning, implementing, and promoting the Tree Top Bicycle Racing 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 employees are not employees of the City, and for purposes of this event they are strictly volunteers. 5. It is understood that the City does not maintain liability insurance on Tree Top and/or its employees. 6. Tree Top shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all liability resulting from the performance of this Agreement. 7. On or before May 7, 1993, Tree Top shall provide to the City's Athletic Coordinator written proof of general liability insurance in the amount of One Million Dollars ($1,000,000.00) including participant injury, Page 1 of 6 (ls)agr/vanek/tree top jv together with automobile liability coverage at One Million Dollar ($1,000,000.00) combined single limit including owned, hired, and non - owned vehicles. Said written proof shall include the name of the provider, the amount of coverage, the policy number, and the effective dates of the policy. Said policy shall be in effect for the duration of this Agreement and shall name as additional insureds the City, its agents, officers, and employees. 8. As consideration for the services specified in this Agreement, Tree Top agrees to compensate the City according to the payment schedule set forth on Attachment "B," which is attached and incorporated into this Agreement. 9. This Agreement, and any interest therein, may not be assigned in whole or in part by Tree Top to any other party unless agreed upon in writing by the City. 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 interests of the City, the City may terminate this Agreement upon five (5) days written notice. 11. If the City fails to comply with the terms and conditions of this Agreement, Tree Top may terminate this Agreement upon fifteen (15) days written notice. 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, Tree Top shall pay the City in full for all services provided by the City in connection with the Tree Top Bicycle Racing Classic. Tree Top shall pay the City 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. CITY TREE TOP R. A. Zais, Jr., City Manager 129 North 2nd Street Yakima, WA 98901 Wain Jackson P.O. Box 248 Selah, WA 98942 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. Page 2 of 6 (1s)agr/vanek/tree top jv 15. If any portion is held invalid, the remainder of the Agreement shall remain in force. CITY OF YAKIMA R. Z. Zais, Jr. City Manager ATTEST: City Clerk CiS.V C,.. ., .a Page 3 of 6 (ls)agr/vanek/tree top jv T E TOP, IN ktj Wain Ja fin Senior Ma eting Manager ATTACHMENT "A" 1. The City of Yakima Parks and Recreation Division shall: A. Provide Pre -Race Services: 1. Promote the Tree Top Bicycle Racing Classic in its 1993 Spring Program Guide and otherwise promote said race. 2. Develop registration material and procedures and send material to Tree Top for typesetting, printing, and inclusion in the Tree Top Bicycle Racing Classic Promotional Packet. 3. Submit to Tree Top a list of office supplies needed for the registration process on or before May 3, 1993. 4. Handle public inquiries regarding general information concerning the Tree Top Bicycle Racing Classic. 5. Refer specific inquiries to the Tree Top Race Director, or other appropriate person as necessary. 6. Mail Tree Top Bicycle Racing Classic registration information to inquiries as requested. 7. Coordinate through the Yakima Police Department and the City's Traffic Department the placement and removal of barricades and cones for the race at Franklin Park. B. Register Tree Top Bicycle Racing Classic Participants: 1. Receive and process all registrations and entry forms. All riders must pay. No waivers will be allowed. 2. Verify registration information. 3. Provide receipts for registration, T-shirts, and other fees. 4. Place registration receipts in each entrant's race packet. 5. Record entrant data. 6. Collect additional information from entrants as necessary. 7. Process NSF checks. S. Confirm the number and race category of all entrants. Page 4 of 6 (ls)agr/vanek/tree top.jv 9. Assign race numbers to entrants. 10. Coordinate with the Race Director the assembling of the materials and preparation of the pre -registration entrant's 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 Racing Classic. 2. Provide staff to collect and process registration fees for both Tree Top Bicycle Racing Classic day(s). Saturday registration will be from 7 a.m. to 1/2 hour before the start of the final race. Sunday registration will be from 7 a.m. to 12 Noon. 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 Tree Top Bicycle Racing Classic for 1993. B. Provide the City with all office supplies requested, pursuant to Paragraph 1(A) (3), no later than May 7, 1993. Page 5 of 6 (ls)agr/vanek/tree top jv ATTACHMENT "B" PAYMENT SCHEDULE: 1. The City of Yakima Parks and Recreation Division shall: A. Pay Tree Top all collected race fees received by May 14, 1993. Issue a check to Tree Top on May 21, 1993, with appropriate estimated City fees and charges withheld. B. Provide an itemized statement to the Tree Top regarding all City fees and charges accrued as of May 14, 1993. C. Provide the Tree Top a final reconciliation of accounts, complete with billing and adjusted payment if necessary, by May 31, 1993. D. Provide a post -race report by June 15, 1993, which itemizes all actual expenses incurred by the City, and the fees paid by Tree Top. 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 Racing Classic up to a maximum of $3.00 per entry. C. Pay the City a late registration fee of $5.00 for every registration received after May 1, 1993, including on-site registrations. D. Provide the City with a complete written post -race financial statement no later than June 15, 1993 by 5:00 p.m. The City has the right to 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 30, 1993. Page 6 of 6 (ls)agr/vanek/tree top jv