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HomeMy WebLinkAboutRESOLUTION NO. 2024-40RESOLUTION NO. 2024-40 RESOLUTION AUTHORIZING ENTERING INTO A CONTRACT WITH USA DAYS, INC. WHEREAS, the City of Fairfax finds the USA Days Celebration is a Public Purpose for the residents of Fairfax; and WHEREAS, the City of Fairfax wishes to promote and contribute to the USA Days Celebration; and WHEREAS, USA Days, Inc. organizes this celebration; and WHEREAS, the City of Fairfax and USA Days, Inc. have drafted a contract as required by the State of Iowa Auditor's office. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, to enter into this contract with USA Days, Inc. BE IT FURTHER RESOLVED, by the Fairfax City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk/Treasurer are hereby authorized and directed to execute both this resolution and the Agreement. Passed and approved this 15th day of May, 2024. AYES: Nurre, Daly, Wozniak, Volk, and Wainwright NAYS: None ���� ��. Jo Ann Beer, Mayor ATTEST: � Cy thia Stimson, City Clerk/Treasurer .9l S i4 :. ?..71a . tf �a R' � ,. x , � �� � `F� „` , ,,:. : ,, : CONTRACT FOR SERVICES BETWEEN THE CITY OF FAIRFAX AND THE USA DAYS, INC. USA Days, Inc. is responsible to organize the Annual Fairfax USA Days Celebration each June. USA Days, Inc. is a non-profit 501-C3, as defined by the IRS. USA Days, Inc. solicits donations from area residents and businesses, but these donations are not enough to cover the expenses incurred. The City of Fairfax wishes to pay for some of the services/activities provided by USA Days, Inc. In keeping with the requirements per the State of Iowa Auditor's Office, the City of Fairfax wishes to enter into this contract for services provided by USA Days, Inc. The City of Fairfax considers the USA Day Celebration a Public Purpose to the residents and businesses within the City of Fairfax. They are benefitting by having a celebration to showcase Fairfax businesses and attract customers to those businesses. Also showcased at the celebration is the Fairfax Fire and Rescue Department. The Fairfax Fire and Rescue Department benefits directly from their luncheon. Other non-profits which benefit from the celebration are the Fairfax American Legion, Knights of Columbus, and the Fairfax Lions Club. The Fairfax Public Library supports a street market and the Fairfax Parks are showcased. A sense of community is generated for all ages through booths, a parade, sport tournaments, rides, activities, music, and more. Now in consideration of identified Public Purposes set forth above to be provided, coordinate, and/or performed by USA Days, Inc. and other good and valuable consideration, the City of Fairfax and USA Days, Inc. do hereby agree to the following: A. Obligations of the City of Fairfax. The City of Fairfax's obligation will be to pay up to $5,000.00 of the annual costs for the USA Days celebration, no later than June 15 each year. B. Obligations of the USA Days , Inc.. 1. USA Days, Inc. shall organize/coordinate all of the celebration activities for the Annual Fairfax USA Days Celebration. 2. USA Days, Inc. shall send the City of Fairfax an invoice requesting payment (no more than $5,000) no later than the May City Council meeting each year. This invoice shall show how the money will be spent. 3. USA Days, Inc. shall present a financial recap of the annual event no later than the November City Council meeting each year. This recap shall highlight how the payment from the City of Fairfax was spent. 4. USA Days, Inc. agrees to repay to the City of Fairfax any and all payments made in the event USA Days, Inc. does not organize and hold the annual USA Days Celebration within one (1) year of the payment. C. Indemni�cation. USA Days , Inc. shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury in law or equity, to property or person, including wrongful death, arising out of the negligent or wrongful acts or omissions of USA Days , Inc., its officials, officers, employees, agents, volunteers, consultants, and contractors in performing services connected with the USA Days Celebration. D. Governmental Immunity. The City of Fairfax does not waiver its governmental immunity by entering into this Contract and fully retains all immunities and defenses provided by law with respect to any action based upon or occurring as a result of this Contract. E. Term. This contract shall be in force until terminated by either party. Both parties must agree in writing to modify this contract. This agreement shall be approved by resolution of the Fairfax City Council and signed by a representative of USA Days, Inc. Passed and approved this 14th day of May, 2024. � �;,��. `;p.�,e.� Jo Ann Beer, Mayor City of Fairfax f }��� . x �. " 3 'Y i {" � t"„ , . � -�` .�°���� _ r ` Patrick Slater USA Days, Inc.