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HomeMy WebLinkAboutR-1995-063 Trolley / City of SelahRESOLUTION NO. R-95 G3 A RESOLUTION providing for the use of one Trolley bus by the City of Selah for its Community Days Celebration on Saturday, May 20, 1995 WHEREAS, the City owns four used Trolley busses which have been declared surplus and which will be sold, and WHEREAS, the City of Selah has requested to use one of Yakima's Trolley busses for its Community Days Celebration on Saturday, May 20, 1995, and WHEREAS, the City of Selah will provide their own driver and will provide insurance and hold the City of Yakima harmless for the Trolley bus from the time it leaves its current storage situation until it is returned to its storage situation, and WHEREAS, it is in the best interests of the City of Yakima and the City of Selah that Selah be allowed to use one of Yakima's Trolley busses as described above, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. The City Council hereby authorizes and directs the Transit Division to take those action which are necessary and prudent to allow the City of Selah to use one of the City of Yakima's Trolley busses for Selah's Community Days Celebration on May 20, 1995 ADOPTED BY THE CITY COUNCIL thisD,5S day of April, 1995 CA& Z-(2-it---4/- ATTEST Mayor City Clerk lap/transit/selah trolley loan res 4/25/95 11.35 AM RESOLUTION• USE OF TROLLEY BY SELAH FOR SELAH COMMUNITY DAYS 3097360 AGREEMENT THIS AGREEMENT is made and entered into by and be �,t eon t e C ',`Y,f1,_, OF YAKIMA, hereinafter the "Yakima," and the CITY OF SELTT, the iiiaft'er iS "Selah." WHEREAS, Yakima owns four used Trolley busses which have beery ] declared surplus and which will be sold; and WHEREAS, Selah has requested to use one of Yakima's Trolley busses for its Community Days Celebration on Saturday, May 20, 1995; and WHEREAS, Selah will provide their own driver and will provide insurance and hold Yakima harmless for said use of the Trolley bus from the time it leaves its current storage situation until it is returned to its storage situation; and NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between Yakima and Selah as follows: 1. Trolley Bus Use. Pursuant to City of Yakima Resolution No. R-95-63, Yakima agrees to allow Selah to use one of Yakima's Trolley busses during Selah's Community Days Celebration on May 20, 1995. 2. Consideration and Indemnification. In consideration for the use of said Trolley bus, Selah agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, agents, officers, and employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and costs and expenses (including attorneys' fees and disbursements) arising directly or indirectly from or out of, relating to, or in any way connected with activities undertaken by Selah pursuant to this Agreement. 3. Insurance. On or before the effective date of this Agreement, Selah shall provide Yakima, proof of liability insurance in the amount of One Million Dollars ($1,000,000.00), 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. The policy shall name Yakima, its officers, agents, and employees as additional insured. 4. Termination. Yakima may terminate this Agreement, with or without cause, by giving one (1) day written notice of termination. 5. Severability. 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 full force and effect. 6. Integration. This written document constitutes the entire agreement between Yakima and Selah. No changes or additions to this Agreement shall Page 1 of 2 (lslagr/selah hldhrmless.pm be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 7. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO YAKIMA: TO SELAH: Transit Manager Yakima Public Works 2301 Fruitvale Blvd. Yakima, WA 98902 John Sweesy, Mayor City of Selah 115 West Naches Avenue Selah, \VA 98942 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 9. Venue. The venue for any action to enforce or interpret this Agreement shill l;e in the Superior Court of Washington for Yakima County, Washington. 10. Attorney's Fees. In the event that any suit or action is instituted by either party to enforce the compliance with or interpret any of the terms, covenants or conditions of this Agreement, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable attorney's fees. 11. Filing of Agreement. A copy of this Agreement shall be filed with the City Clerk of the City of Yakima, City Clerk of the City of Selah, and with the Yakima County Auditor. CITY OF YAKIMA CITY OF SELAH By By: Dick Zais, ity Manager John Sweesy, M DATE:e----- % / Li 5 DATi: 6 ATTEST: City Clerk CITY CONTRACT N0. q6--661 9s-1,03 Page 2 of 2 (1s)agr/selah hldhrmless pm ATTEST: 6ILL4LMQ City Clerk Cerfifi:e(1 ±O be a tree and correct copy of the original filed in my office. 1,, - CITY ,, -CITY CLERK `� _Deputy By AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY OF YAKIMA, hereinafter the "Yakima," and the CITY OF SELAH, hereinafter "Selah." WHEREAS, Yakima owns four used Trolley busses which have been declared surplus and which will be sold; and WHEREAS, Selah has requested to use one of Yakima's Trolley busses for its Community Days Celebration on Saturday, May 20, 1995; and WHEREAS, Selah will provide their own driver and will provide insurance and hold Yakima harmless for said use of the Trolley bus from the time it leaves its current storage situation until it is returned to its storage situation; and NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between Yakima and Selah as follows: 1. Trolley Bus Use. Pursuant to City of Yakima Resolution No. R-95-63, Yakima agrees to allow Selah to use one of Yakima's Trolley busses during Selah's Community Days Celebration on May 20, 1995. 2. Consideration and Indemnification. In consideration for the use of said Trolley bus, Selah agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, agents, officers, and employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and costs and expenses (including attorneys' fees and disbursements) arising directly or indirectly from or out of, relating to, or in any way connected with activities undertaken by Selah pursuant to this Agreement. 3. Insurance. On or before the effective date of this Agreement, Selah shall provide Yakima, proof of liability insurance in the amount of One Million Dollars ($1,000,000.00), 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. The policy shall name Yakima, its officers, agents, and employees as additional insured. 4. Termination. Yakima may terminate this Agreement, with or without cause, by giving one (1) day written notice of termination. 5. Severability. 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 full force and effect. 6. Integration. This written document constitutes the entire agreement between Yakima and Selah. No changes or additions to this Agreement shall Page 1 of 2 (1s)agr/selah hldhrmless pm be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 7. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO YAKIMA: TO SELAH: Transit Manager Yakima Public Works 2301 Fruitvale Blvd. Yakima, WA 98902 John Sweesy, Mayor City of Selah 115 West Naches Avenue Selah, WA 98942 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 9. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 10. Attorney's Fees. In the event that any suit or action is instituted by either party to enforce the compliance with or interpret any of the terms, covenants or conditions of this Agreement, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable attorney's fees. 11. Filing of Agreement. A copy of this Agreement shall be filed with the City Clerk of the City of Yakima, City Clerk of the City of Selah, and with the Yakima County Auditor. CITY OF YAKIMA CITY Or SELAH By By: Dick Zaisty Manager Joh ' Sweesy, M DATE: }amu 3f G 5� DATE: 9 ATTEST: r/ City Clerk CITY CONTRACT HO. '66) 9s -tp3 Page 2 of 2 (1s)agr/selah hldhrmless.pm ATTEST: City Clerk �,� DATE. 3/7/95— T0 FROM: SUBJEC CITY OF YAKI1VIA INTER -OFFICE MEMO 12,4, /111(ic e.ct y ek.12 t6 Please Handle Please Approve Please Note and Return For Your Information V Please See Me Please Advise Your File -rife, 14/1 /aft 4 i%) 411 d tile. '1/ /ea"e. -re) Sr ve 4 3 A ; 5 /14ke c(.-6 kis"- N /4) .P/7 45 C la/le o -i! „fioyCcirt> 5 0 it) 5 re hi a 37- t,ce