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HomeMy WebLinkAbout2010 - Classy Chassis - Allocation of registration fees collected for the Apple Bin Races During the 2010 Les Schwab Classy Chassis Car Show. Eastmont Metropolitan Park District - Eastmont Metropolitan Park DistrictINTERLOCAL AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF EAST WENATCHEE AND EASTMONT METROPOLITAN PARK DISTRICT REGARDING THE ALLOCATION OF REGISTRATION FEES COLLECTED FOR THE APPLE BIN RACES DURING THE 2010 LES SCHWAB CLASSY CHASSIS CAR SHOW. 1. Parties. The parties to this Agreement are the City of East Wenatchee ("City") and the Eastmont Metropolitan Park District ("District') 2. Authority. RCW 39.34.080 authorizes one or more public agencies to contract with one j another to perform governmental services which each itself, is by law authorized to perform. 3. Purpose. a. On May 1, 2010, the City will sponsor the 2010 Les Schwab Classy Chassis Car Show. As part of this event, one of the activities will be Apple Bin Races. b. District employees will manage and run the Apple Bin Races. C. As part of this management responsibility, District will collect the registration fees from the participants in the Apple Bin Races. d. If the revenue generated from the registration fees exceeds the costs of this Activity, the parties agree that District should retain the excess revenue. e. This Agreement provides a public benefit, furthers a public purpose, and serves the public interest. 4. City Funding Responsibilities. a. Revenue received through sponsorship fees shall be applied to the costs of implementing elements of the event including but not limited to: i. Purchase of trophies; ii. Purchase of event T-shirts; iii. Purchase of spectator safety materials; iv. Purchase of vests for events staff; and v. Purchase of staging lights. b. Revenue received through T-shirt Sales shall be remitted to the City. 5. District Funding Responsibilities. a. Revenue received through registration fees shall be applied to the costs of managing the event including but not limited to: i. All labor, equipment and materials required to manage the event, and ii. Other items not covered under City funding responsibilities. S. Payment. Within 30 days of the Apple Bin Race, the City shall submit an invoice to District detailing the expenses incurred by the City in sponsoring, promoting, and/or operating the Apple Bin Races. District shall remit payment to the City within thirty days of receiving the invoice as described above from the City. Within 30 days of the Apple Bin Race, the District shall submit an invoice to City detailing the expenses incurred by the District in managing the Apple Bin Races that are City responsibilities. City shall remit payment to the District within thirty days of receiving the invoice as described above from the District. Within 30 days the District shall also remit to the City all funds received by the District for the purchase of t-shirts. Pagel of 3 H:\Classy Chassis\2010 Interlocal Agreement EMPD_Apple Bin Races (2).doc 7. Net profit. If the revenue District collects from the registration fees exceeds the amount of costs itemized in the City's invoice described in Section 5, the parties agree that District shall retain the excess revenue. 8. Records and Audits. The parties shall each maintain in their respective places of business any and all books, documents, papers and other evidence pertaining to work performed pursuant to this Agreement. Such records shall be available at all reasonable times during the term of this Agreement and for so long as such records are maintained thereafter. Records shall be maintained in accordance with Washington law. Each party shall allow public access to all documents, paper, letter or other materials made or received in conjunction with this project in accordance with, and subject to the exemptions provided in, Washington's Public Disclosure Act, Chapter 42.56 RCW. 9. Conflict of Interest. The District and the City agree that neither will engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement. 10. Construction of Agreement. This Agreement shall not be construed more strictly against one party as the draftsman, because both the District and the City have contributed materially to the preparation hereof. 11. Notice. Any notice delivered with respect to this Agreement shall be in writing and be deemed to be delivered (whether or not actually received) when (i) hand delivered to the person(s) hereinafter designated, or (ii) upon deposit of such notice in the United States Mail, postage prepaid, certified mail, retum-receipt requested, addressed to the person at the address set forth opposite the party's name below, or such other address or to such other person as the party shall have specified by written notice to the other party delivered in accordance herewith: CITY OF EAST WENATCHEE EASTMONT METROPOLITAN PARK DISTRICT MAYOR STEVEN C. LACY 271 91' Street N.E. RA VICKERS East Wenatchee, WA 98802 255 N. Georgia East Wenatchee, WA 98802 12. Severability. If any section or portion of this Agreement is determined to be unlawful by a competent court of law, such determination shall not affect the remaining terms and conditions of the Agreement. 13. Hold Harmless and Indemnity Agreement. Each party (the indemnitor) agrees to defend, indemnify and save harmless each other (the idemnitees), their board or council members, officers, agents and employees, from and against all loss or expense including, but not limited to judgments, settlements, attorney's fees and costs by reason of any and all claims for damages, penalties or other relief based upon the indemnitor's alleged negligence, or wrongful conduct, except for the injuries, penalties and damages caused by the sole negligence or wrongful conduct of the indemnitor. Such claims for damages or other relief include, but are not limited to those for personal or bodily injury including death from such injury, property damage, torts, defamation, and penalties imposed by any agency of the state or federal government for failure to comply with Page 2 of 3 H:\Classy Chassis\2010 Interlocal Agreement EMPD_Apple Bin Races (2).doc applicable law in the performance of this Agreement. If the claim, suit or action involves concurrent negligence of the parties, the indemnity provisions provided herein shall be applicable only to the extent of the percentage of each party's negligence. It is further and expressly understood that the indemnification provided herein constitutes each party's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 14. Nondiscrimination. The parties to this Agreement declare that they are committed to the principle of equal opportunity consistent with applicable laws. 15. Modification of Agreement. This Agreement may be amended at any time by written agreement of the duly authorized representatives of all parties. 16. Entire Agreement. The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. 17. Filing of Agreement. The City shall file this Agreement with the Douglas County Auditor. This Agreement shall not become effective until the City has so filed the Agreement. DATE: APr� l a1 ` 2 0 1 D DATE: APRIL 19 2010 ATTEST: BY: �Qs2tt/ CITY CLERK DANA BARNARD EASTMONT METROPOLITAN PARK DI TR CT DY., RA VICKERS ATTEST -- BY: \ SECRETARY OF THE -BOARD Page 3 of 3 H:\Classy Chassis\2010 Interlocal Agreement EMPD_Apple Bin Races (2).doc