Loading...
HomeMy WebLinkAboutR-2006-019 Yakima Moralia Sister City Association AgreementA RESOLUTION RESOLUTION NO. R-2006- 19 authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Yakima Morelia Sister City Association to provide financial support up to One - Thousand Dollars for delegation cultural and economic exchange activities between the City of Morelia, Michoacan, Mexico and the City of Yakima. WHEREAS, the City of Yakima desires to promote cultural and economic development opportunities for our diverse community; and WHEREAS, the Yakima Morelia Sister City Association (YMSCA) has a stated mission to promote trade, economic development, education, cultural exchange, and tourism between Morelia, Michoacan and the City of Yakima; and WHEREAS, the YMSCA has hosted successful delegation visits and facilitated contact and networking opportunities with local private and public entities; and WHEREAS, the YMSCA is working with the communities of Morelia and Yakima to further enhance trade, economic development, education, cultural exchange, and tourism; and WHEREAS, the City Council deems it to be in the best interest of the city to contract with the YMSCA to utilize their experience and expertise to perform cultural and economic exchange activities in accordance with the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA; The City Manager is hereby authorized and directed to execute the attached and incorporated Services Agreement with the Yakima Morelia Sister City Association for the arrangement of cultural and economic exchange activities. ADOPTED BY THE CITY COUNCIL, this 21st day of February, 2006 ATTEST: City Clerk AVID EDLER, Mayor PROMOTION SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA MORELIA SISTER CITY ASSOCIATION THIS AGREEMENT is made and entered into by and between the City of Yakima, hereinafter "City", and the Yakima Morelia Sister City Association, hereinafter "YMSCA." WHEREAS, the City of Yakima desires to promote cultural and economic development opportunities for our diverse community; and WHEREAS, the Yakima Morelia Sister City Association (YMSCA) has a stated mission to promote trade, economic development, education, cultural exchange, and tourism between Morelia, Michoacan and the City of Yakima; and WHEREAS, the YMSCA has hosted successful delegation visits and facilitated contact and networking opportunities with local private and public entities; and WHEREAS, the YMSCA is working with the communities of Morelia and Yakima to further enhance trade, economic development, education, cultural exchange, and tourism; and WHEREAS, the City Council deems it to be in the best interest of the city to contract with the YMSCA to utilize their experience and expertise to perform cultural and economic exchange activities, NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and YMSCA as follows: 1. Economic and Cultural Exchange Services. YMSCA agrees to provide economic and cultural exchange services, and funds will be used to reimburse administrative costs to support these services. No funds shall be used for travel expenses, equipment or salaries. 2. Term of Agreement. YMSCA shall commence services required hereunder upon execution of this Agreement and shall complete all services 'and work required by this Agreement on or by December 31, 2006. 3. Consideration. In consideration of YMSCA's performance of all terms and conditions of this Agreement, the City agrees to pay YMSCA a total sum not to exceed One Thousand and No/100 Dollars ($1,000.00). Payment is expressly conditioned upon YMSCA providing satisfactory work and services to the City and corresponding documentation evidencing/ describing said completed work and services to the City. 4. Status of YMSCA. YMSCA and the City understand and expressly agree that YMSCA is an independent contractor in the performance of each and every part of this Agreement. YMSCA, its members, and employees shall make no claim of City employment nor shall claim any related employment benefits, social security and/or retirement benefits. Page 1 of 4 (Ik)mRr/YMSCA 03.pm 5. Taxes and Assessments. YMSCA 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, YMSCA shall pay the same before it becomes due. 6. Nondiscrimination Provision. During the performance of this Agreement, YMSCA shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of race, 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, selection for training, and the provision of services under this Agreement. 7. The Americans with Disabilities Act. YMSCA agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. 8. Compliance with Law. YMSCA 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. 9. No Insurance. It is understood the City does not maintain liability insurance for YMSCA and/or its officers, employees, agents and volunteers. 10. Indemnification and Hold Harmless. YMSCA shall defend, indemnify, and hold harmless the City, its agents, officers, employees, and elected officials from and against all claims, causes of action, lawsuits, damages, fines, penalties, losses, costs, and expenses of any kind or nature whatsoever (including reasonable attorney's fees) arising out of, relating to, or resulting from YMSCA's performance or non-performance of the services, duties and obligations required of it under this Agreement. 11. Liability Insurance. On or before the date this Agreement is fully executed by the parties, YMSCA shall provide the City with a certificate of insurance as proof of liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state 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 Page 2 of 4 (Ik)agr/YMSCA 03.pm policy shall name the City, its officers, agents, employees, and elected officials as additional insureds. The policy shall also 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 - VII or higher in Best's Guide and admitted in the State of Washington. 12. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by YMSCA 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 YMSCA stated herein. 13. 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. 14. Integration and Supersession. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 15. Non -Waiver. The waiver by YMSCA or the City of the breach of any provision, duty or condition of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision, duty or condition. 16. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party ten (10) days advance written notice of termination. 17. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO CITY: TO YMSCA: Page 3 of 4 (Ik»gr/YMSCA 03.pm City Manager City of Yakima 129 North 2nd Street Yakima, WA 98901 President Yakima Morelia Sister City Association P.O. Box 1048 Yakima, WA 98907 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, or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 18. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 19. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. 20. 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 YAKIMA MORELIA SISTER CITY ASSOCIATION By: R.A. Zais, Jr., City Manager Date: ATTEST: City Clerk City Contract No. ,,wz, -/9 Resolution No. f( o71ti v Page 4 of 4 (Ik)agr/YMSCA 03.pm By: Its: Date: / 2t2't ii 03, OC' BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7 For Meeting Of: February 21, 2006 ITEM TITLE: A Resolution authorizing execution of an agreement with the Yakima Morelia Sister City Association. SUBMITTED BY: Bill Cook, Director of Community and Economic Development CONTACT: Michael Morales, Deputy Director 575-3533 SUMMARY EXPLANATION: As a part of the 2006 Budget, the City Council agreed to participate in the cost of providing cultural and economic exchange activities related to delegation visits of the Yakima Morelia Sister City Association. Upon completion of these activities, the City will provide up to $1,000 to cover costs associated with the events. Resolution _X_ Ordinance _ Contract _ Other: Funding Source: Intergovernmental Section of General Fund Budget Approval for Submittal: City Manager STAFF RECOMMENDATION: BOARD RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-19 Staff recommends adoption of the resolution. 1 ACOIf CERTIFICATE OF LIABILITY INSURANCE CSR DK YAKIM-3 UAIC IMM UU/7iTiJ 04/26/06 PROLUCER Gress -Kinney -Parrish Insurance P . O . Box 2308 Yakima WA 98907 Phone:509-575-0300 Fax:509-452-9870 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Yakima -Morelia Sister City Association PO Box 1048 Yakima WA 98907 INSURER A. American States Insurance Co 19704 INSURER B: GENERAL INSURER C: 01CG5539932 INSURER D: 07/07/06 INSURER E: $1,000,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 01CG5539932 07/07/05 07/07/06 EACH OCCURRENCE $1,000,000 X DAMAGE 1U KEN IEU PREMISES (Ea occurence) $200,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 7 POLICY PRO- JECT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTOOTHER AUTO ONLY - EA ACCIDENT $ THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC I TORYSLIM S OER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Verification of Coverage for Additional Insured: City of Yakima as respects to Economic and Cultural Exchange Services per attached form #CG7635. CERTIFICATE HOLDER CANCELLATION City of Yakima, It's officers, agents, employees and elected officials 129 N. 2nd St Yakima WA 98901 ACORD 25 (2001/08) CITYOF1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION MAIL 30 DAYS WRITTEN DATE THEREOF, THE ISSUING INSURER WIL NOTICE TO THE CERTIFICATE HOLDER NAMF,TO THE LEFT,411.1111111111111.111.1111.1101111 ) +MMANf I T ZED •-�'E T E © ACORD CORPORATION 1988 COMMERCIAL GENERAL LIASILI i f CG 76 35 11 02 THIS ENCORSEMIENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the fellowinc CCMMERCI L GENERAL LIABILITY COVERAGE FART SCHEDULE Name of Person or Organization City of Yakima, It's officers, agents, employees and elected officials ADDITIONAL INSURED BY WRITTEN CONTRACT OR PERMIT, OR SCHEDULE The following paragraph is added to Section II Who Is An Insured: 5. Any person or organization shown in the Schedule or for whom you are required by written contract, agreement or permit to provide insurance is an insured, subject to the following additional pro- visions: a. The contract, agreement or permit must be in effect during the policy period shown in the Declarations, and must have been executed prior to the "bodily injury," "property dam- age," or "personal and advertising injury." b. The person or organization added as an in- sured by this endorsement is an insured only to the extent you are held liable due to: (1) The ownership, maintenance or use of that part of the premises you own, rent, lease or occupy, subject to the following additional provisions: (a) This insurance does not apply to any "occurrence" which takes place af- ter you cease to be a tenant in any premises leased to or rented to you; (b) This insurance does not apply to any structural alterations, new con- struction or demolition operations performed by or on behalf of the person or organization added as an insured; (2) "Your work" for that insured, whether the work is performed by you or for you; Thd maintenance, operation or use by you of equipment leased to you by such person or organization, subject to the following additional provisions: (a) This insurance does not apply to any "occurrence" which takes place af- ter the equipment lease expires; (3) Includes copyrighted material of ISO Properties, Inc., with its permission. A registered trademark al SAFECO CaraoraEon EP CG 76 35 11 02 Page 1 of 4 (4) '1 , I173Lr1T'c3 tC S cot 3Cc t :d;iy Iglu crnprocerly damage' aroing cur the sole ne',Ilgerc, Such Gerson or orcanizaticn, Permits issue by any state or political subdivision with respect to ccerancns performed by you cr cn your bena f, subject to the following additional pro- visions This insurance does not apply to "bcd:iy r;lury " "procerty damage," or `personal and advertising injury" arising out of op- erations oerformed for the state or mun- icipality c The insurance with respect to any architect, encineer, or surveyor added as an insured by this endorsement does not apply to "bodily injury," "property damage," cr "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including. (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change or- ders, designs or specifications; and (2) Supervisory, inspection or engineering services. d. This insurance does not apply to "bodily injury" or "property damage" included within the "products -completed operations hazard." A person s or organization s status as an insured under this endorsement ends when your operations for that insured are com- pleted. No coverage will be provided if, in the ab- sence of this endorsement, no liability would be imposed by law on you. Coverage shall be limited to the extent of your negligence or fault according to the applicable principles of comparative fault. NON -OWNED WATERCRAFT AND NON -OWNED AIRCRAFT LIABILITY Exclusion g. of Paragraph 2., Exclusions of Section I Coverage A Bodily Injury And Property Damage is replaced by the following: This insurance does not apply to: "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or ..�r• any rsure'. "'casing or unlcaClno " 115 exclusion Coes not 3007 tv (1 ' tvaterc-att while ashore :r, rr.r^Ises y.i., own cr rent' (2) A water:raft you do not own that Is (a) Less than .52 feet lore: and (b) Not being used to carry persons cr property for a charce. Parking an "auto" on, or on the ways next to. premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured. or (4) Liability assumed under any "insure, contract" for the ownership maintenance or use of aircraft. watercraft or "autos". (3) Section 1I Who Is An Insured is amended to in- clude as an insured any person operating a watercraft that you do not own and that is: (1) Less than 52 feet long; (2) Not being used to carry persons or property for a charge, and (3) Being used with your permission. TENANTS PROPERTY DAMAGE LIABILITY When a Damage to Premises Rented to You Limit is shown in the Declarations, Exclusion j. of Paragraph 2. of Section 1 Coverage A Bodily Injury And Property Damage Liability is replaced by the follow- ing: Page 2 of 4 j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy; (2) Premises you sell, give away or aban- don, if the "property damage" arises out of any part of those premises; Property loaned to you; Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or sub- contractors working directly or indirectly on your behalf are performing oper- ations, if the "property damage" arises out of those operations; or That particular part of any property that must be restored, repaired or replaced (3) (4) (6) certrrmei, :n .riorscrs (1', (31 arc (a) ' thi,3 e<c'usicr not apply tc ce.r^✓ _image" (ether 'h2„ damage cv ftre tc premises lncli.din, 'he -cnterts :I suer premises, rented :c iou 2k separate Amit 0: insurarcs. apples ;c Carnage tc ceerrises 'cer:erri ,c (su as de- sr_^bed in Section III Limits Cf Insur- ance para,prach (2) :f this. exclusion rices not apply it the premises are "your work" and were never occLcled rented or held for rental by you Paragraphs (3), (4), (5) and (6) of this exclu- sion do nct apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard " Paragraph 6. of Section Iii Limits Of Insurance is replaced by the following: 6. Subject to 5. above, the Damage to Property Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. The Tenants Property Damage to Premises Rented to You Limit is the higher of $200,000 or the amount shown in the Declarations as Damage to Premises Rented to You Limit. WHO IS AN INSURED MANAGERS The following is added to Paragraph 2.a. of Section 11 Who Is An Insured: Paragraph 2.a.(1) does not apply to executive officers, or to managers at a supervisory level or above. SUPPLEMENTARY PAYMENTS COVERAGES A AND B BAIL BONDS Paragraph 1.b. of Supplementary Payments Coverages A and B is replaced by the following: b. Up to $2.000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies We do not have to furnish these bonds ScR`✓IC`S ils pr 2.a.(1 ;(d) ;f Section II Who is An In- sured ,s deleted. units e,(C.,_ .ed _ . _ - :roem ent EXTENDED "P OPER T'( DAM, -\GE-. Exclusion 2.a of Section 1 Coverage A. ,s amenced :o read 1 "Scdily injury" cr property damage" ex- pected or intended from the standpoint of the insured. This exclusion does not apply tc "bodily injury" or "property damage' result- inc from the use of reasonaole force to pro- tect persons cr property ADDITIONAL INSURED VOLUNTEERS 1. Section 11 Who Is An Insured is amended to include as insureds any persons who are volun- teer workers for you, but only while acting at the direction of, and within the scope of their duties for you. However, no volunteers are insureds for- a. pra. "Bodily injury" to (1) Co -volunteers or your employees arising out of and in the course of their duties for you, or (2) You or, if you are a partnership or joint venture, any partner or member; b. "Property damage" to property owned, oc- cupied or used by, rented to, in the care, custody, or control of, or over which physical control is being exercised for any purpose by: (1) A co -volunteer or your employee; or (2) You or, if you are a partnership or joint venture, any partner or member. 2. Exclusion 2.a. of Section I Coverge C Med- ical Payments is replaced by the following: a. To any insured, except volunteer workers who are not paid a fee, salary or other com- pensatitn. INCREASED MEDICAL EXPENSE LIMIT Paragraph 7. of Section III Limits Of Insurance is replaced by the following: 7. Subject to 5. above, the Medical Expense Limit of 510,000 is the most we will pay under Coverage C for all medical expenses be- cause of "bodily injury" sustained by any one parson. CG 76 35 11 02 Page 3 of 4 EP 1`n 4VLc GE CF CCC::RRENCS _ e 'cllcwirr is added to P1ragracr 2. Duties In The Event Of Cccurrence. Gffense. Claim Cr Suit or Section IV Commercial General Liability Condi- tions Krowlecce of an "occurrence claim suit' , vcl.r adent. seriant :r employee shall not •n tseif constitute krowiedge of the named insured uriess an officer ct the named insured has received sucn notice from the cert. ser/ant or employee UNINTENTIONAL FA,L[:RS 7C DISCLOSE AL_ HAZARDS The following is acted 'c Far cracn 6 Representa- tions of Section IV Commercial General Liability Conditions: if you unintentionally tail to d,scicse any napards ex- Isiing at the inception date of ycur policy sve w iI not deny coverage under this Coverage Form oecause of such failure However, this provision does not affect our right to collect additional premium or exercise cur right of cancellation or nonrenewal. LIBERALIZATION CLAUSE The fcllcwinc paragrach is added to Section IV Commercial General Liability Conditions: 10. If a revision to this Coverage Part, which would provide more coverage with no additional pre- mium, becomes effective during the policy period in the state shown in the Declarations, your policy will automatically provide this additional coverage on the effective date of the revision. Page 4 of 4