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Home My WebLink AboutR-1999-053 YAKIMA/CALVARY CEMETERY: 1999 LICENSE TO UTILIZE CRYPTS.RESOLUTION NO. R-99- 53 A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute the City of Yakima/Calvary Cemetery: 1999 License to Utilize Crypts. WHEREAS, the Tahoma Cemetery mausoleum has 11 vacant and unsold crypts; and WHEREAS, Calvary Cemetery has sold crypt space on a pre -need basis in a new mausoleum which is currently under construction; and WHEREAS, Calvary Cemetery has need of crypt space to fulfill its obligations towards it pre -needs sales clients: and WHEREAS, Calvary Cemetery is willing to pay for the temporary use of crypt space at the Tahoma cemetery Mausoleum to fulfill its' obligations until the new mausoleum is completed, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated City of Yakima/Calvary Cemetery: 1999 License to Utilize Crypts. ADOPTED BY THE CITY COUNCIL, this fou day of 4P/e“-- , 1999. John Puccinelli, Mayor ATTEST: City Clerk City of Yakima/Calvary Cemetery: 1999 License to Utilize Crypts THIS AGREEMENT is made and entered into this 21st day of April 1999, by and between the Corporation of the Catholic Bishop of Yakima, a Washington corporation doing business as Calvary Cemetery (hereinafter "Calvary Cemetery") and the City of Yakima, A Washington Municipal Corporation, (hereinafter "City"). Whereas, City has 11 empty crypts in the mausoleum at Tahoma Cemetery which Calvary Cemetery wishes to have available to temporarily deposit human remains as necessary until their new mausoleum is completed; and in consideration of the following mutual covenants, promises, and agreements herein contained: Now, Therefore; the parties mutually agree as follows: 1. Term. This agreement shall terminate January 1, 2001. At the time of termination, Calvary Cemetery staff shall have removed all human remains deposited in the Tahoma Cemetery Mausoleum and shall leave all crypts clean and useable. 2. Internment. All entombments and disentombments, and all work related thereto, shall be performed by Calvary Cemetery staff. All such entombments and disentombments shall be conducted in accordance with all applicable laws and shall meet or exceed the standards of mausoleum burial as practiced in Washington State. Each casket (or other container) shall be sealed and or wrapped in such a way as to eliminate odor or fluids from escaping. Calvary Cemetery shall be responsible for any and all damage to City property that results, directly or indirectly, from their use of the Tahoma Cemetery Mausoleum. 3. Availability: The total number of crypt burials shall be based on the availability of crypt space as determined by the Tahoma Cemetery Supervisor. 4. Fee: Calvary Cemetery shall pay to City a fee of $100.00 per entombment for the temporary use of crypt space. 5. Confidentiality. Calvary Cemetery agrees to maintain total confidentiality as regards to information discerned from access to City records. Such information shall be held in strict confidence. 6. Status of Calvary Cemetery. Calvary Cemetery and the City understand and expressly agree that Calvary Cemetery is acting in its own interests in the performance of each and every part of this Agreement. Calvary Cemetery and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. Jcontract.crypots BW/jbw -1- 7. Taxes and Assessments. Calvary Cemetery shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, Calvary Cemetery shall pay the same before it becomes due. 8. Nondiscrimination Provision. During the performance of this Agreement, Calvary Cemetery shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. 9. Compliance With Law. Calvary Cemetery agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 10. Indemnification and Hold Harmless. Calvary Cemetery 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 all judgments, awards, costs and expenses (including attorneys' fees and disbursements) caused by or occurring by reason of any act, error and/or omission of Calvary Cemetery, its officers, agents, employees or subcontractors, arising our of or in connection with the performance and/or non- performance of this Agreement. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 11. Commercial Liability Insurance. On or before the effective date of this Agreement, Calvary Cemetery shall provide the City with a certificate of insurance as proof of commercial 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 (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VI! or higher in Best's Guide and admitted in the State of Washington. Calvary Cemetery shall also Jcontract.crypots BW/jbw - 2 - provide the City with a true and correct copy of the said insurance policy on or before the effective date of this Agreement. 12. No Insurance. It is understood the City does not maintain liability insurance for Calvary Cemetery and/or its employees. 13. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Calvary Cemetery to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Calvary Cemetery_stated herein. 14. Non -Waiver. The failure of the City to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. 15. Termination. The City may terminate this Agreement, with or without cause, by giving Calvary Cemetery ten (10) days written notice of termination. 16. Damages. If for any reason, Calvary Cemetery fails to provide the services specified in this Agreement and the City is forced to secure other such services from another person or entity, Calvary Cemetery shall be held liable for any and all additional expenses to fulfill their obligation to the City under this Agreement. This provision shall not serve as a limitation upon other damages that may be available to the City pursuant to statutory and/or common law. 17. 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. 18. Integration. This written document constitutes the entire agreement between the City and Calvary Cemetery. There are no other oral or written Agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. Jcontract.crypots BW/jbw - 3 - 19. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY: TO Calvary Cemetery: Park and Recreation Manager 2301 Fruitvale Blvd. Yakima, WA 98902 Calvary Cemetery 1405 South 20th Ave. Yakima, WA 98902 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. 20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 21. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA BY: R.A. Zai City Manager CORPORATION OF THE CATHOLIC BISHOP OF YAKIMA BY: '" scam. A - ATTEST: goic_P—, ,---A CM? h> City Clerk CITY CONTRACT NO. RESOLUTION MO: _A - Q9 -o.3 Bishop Jcontract.crypots BW/jbw - 4 - BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. I For Meeting of April 20, 1999 ITEM TITLE: Resolution Authorizing Execution of an Agreement Between the City of Yakima and The Corporation of Catholic Bishops of Yakima for Temporary Use of the Tahoma Mausoleum SUBMITTED BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: Staff respectfully requests City Council approval of the attached Resolution authorizing the execution of an agreement between the City of Yakima and the Corporation of Catholic Bishops of Yakima for temporary use of the City's mausoleum. They have requested temporary use of Tahoma's mausoleum on an "as needed" basis. Currently, Tahoma has eleven (11) spaces available for use. The City has established a fee for this service as specified in the attached agreement. The fee is $100.00 Resolution x Ordinance _ Contract x Other (Specify) Agreement Funding Source Tahoma (Revenue) APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests Council approval of the attached Resolution for Mausoleum Services. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: