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HomeMy WebLinkAbout01/08/2008 14B Yakima Morelia Sister City Association Agreement BUSINESS OF THE CITY COUNCIL 0 YAKIMA, WASHINGTON AGENDA STATEMENT Item No * 1'113 For meeting of January 8, 2008 ITEM TITLE A resolution authorizing execution of an Agreement with the Yakima Morelia Sister City Association SUBMITTED BY William R Cook, Director, Community and Economic Development CONTACT PERSON/TELEPHONE Michael Morales, Deputy Director 575 -3533 SUMMARY EXPLANATION As part of the 2008 Budget process, 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 The attached resolution and Promotion Services Agreement formalize the Agreement for 2008 The Promotion Services Agreement details the terms and conditions the Association must provide to receive compensation under the agreement. Upon completion of these activities, the City will provide up to Two Thousand Dollars ($2,000) to cover costs associated with the events Resolution X Ordinance Contract Yakima Morelia Sister City Association Mail to (name and address) Juven Garcia, President Yakima Morelia Sister City Association P.O. Box 1048, Yakima, WA 98907 Funding Source Economic Development Fund 123 APPROVED FOR SUBMITTAL. Ac nj City Manager STAFF RECOMMENDATION Adopt resolution BOARD /COMMISSION RECOMMENDATION City Council provided budget authority • N COUNCIL ACTION 0 RESOLUTION NO R -2008- A RESOLUTION 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 Two - Thousand Dollars ($2,000) for delegation of cultural and economic exchange activities between the City of Morelia, Michoacan, Mexico and the City of Yakima 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 has previously authorized one (1) year agreements for 2006 and 2007 with YMSCA, thereby engaging the Yakima Morelia Sister City Association to promote cultural and economic development opportunities for our diverse community, . as described in the Agreement, and WHEREAS, the City Council and the Yakima Morelia Sister City Association wish to 0 continue the relationship that has existed under the previous Agreements by entering into an Agreement for one (1) additional year, commencing upon execution hereof by the parties and terminating at midnight, December 31, 2008, 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 Promotion Services Agreement with the Yakima Morelia Sister City Association for the arrangement of cultural and economic exchange activities ADOPTED BY THE CITY COUNCIL, this 8th day of January , 2008 David Edler, Mayor ATTEST City Clerk III III 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 Yaluma 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 tounsm 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 pnvate and public entities; and WHEREAS, the YMSCA is working with the commumties of Morelia and Yaluma to further enhance trade, economic development, education, cultural exchange, and tounsm, 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 III exchange activities, NOW, THEREFORE, m consideration of the cultural 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 by 4 p.m. on December 31, 2008 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 Two Thousand and No /100 Dollars ($2,000 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 m the performance of each and every part of this Agreement. YMSCA, its members, and employees shall make no claim of City employment nor claim any related employment benefits, social security and/or retirement benefits. r 1 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 agamst either party as a result of the 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. Dunng the performance of this Agreement, YMSCA shall not discnmmate in violation of any applicable federal, state and/or local law or regulation on the basis of race, color, sex, religion, national ongin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall mclude 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 Amencans with Disabilities Act. YMSCA agrees to comply with the Amencans 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 m 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) ansmg 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 hability 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 m effect for the duration of this Agreement. The 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 pnor written notice (any language in the clause to the effect of "but • 2 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 pnor wntten consent of the City In the event that such pnor wntten 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 dehvery hereof. 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 wntten notice of termination. 17 Notification Procedure Unless stated otherwise herein, all notices and demands shall be m writing and sent or hand delivered to the parties to their addresses as follows. TO CITY City Manager City of Yakima 129 North Second Street Yakima, WA 98901 TO YMSCA. 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 wnting. 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. • 3 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 Govermng Law This Agreement shall be governed and construed m accordance with the laws of the State of Washington. 20 Venue. The venue for any action to enforce or interpret this Agreement shall he in the Supenor Court of Washington for Yakima County, Washington. CITY OF YAKIMA YAKIMA MORELIA SISTER CITY ASSOCIATION By By• R.A. Zais, Jr., City Manager Its Date Date ATTEST City Clerk City Contract No Resolution No r 4 T akirna-.114oTEfia ET f it �flo cation • Yakima- Morelia Sister City Association • P.O. Box 1048 • Yakima, WA 98907 �� '�IONEWV � I Yakima City Council RECEIVED .luven Garcia Yakima City Hall President 129 or 2nd Street Teri Aguilera- Fleming ( Yakima, WA. 98901 DEC 0 7 2007 Vice - President RE 2008 Funding Request of $2,000 CITY OF YAKIMA Yakima - Morelia Sister City Association COMMUNITY DEVELOPMENT In 2007, the Yakima - Morelia Sister City Association (Y -MSCA) received a reimbursable grant from the City of Yakima in the amount of $2,000 The purpose of the grant was establishment of a relationship between the government of the City of Yakima and Y -MSCA With the grant, the City Council affirmed their position as a stakeholder in the Sister City International exchange program. The grant also provided monies to assist with expenses incurred when the 2005 Morelia delegation visited Yakima as official representatives of the business and governmental arena. In 2006, we sent a delegation of 12 members representing Y -MSCA, the City of Yakima and the business community Building on these relationships between our two countries, • we hosted a Morelia delegation in November of this year Your support of Yakima - Morelia Sister City Association is most important to our relationship with the governments of Morelia, the State of Michoacan, and the Country of Mexico Our Vision and Mission continues to revolve around President Dwight Eisenhower's concept of global peace though citizen diplomacy We are about practising Citizen Diplomacy: Building, Crossing and Maintaining Bridges Community to Community . . . Person to Person! Today we continue cementing relationships begun in 2000 when we first exchanged delegation visits with civic and educational leaders from Morelia. Description of project: The objective of the 2008 program is to strengthen the relationships and connections already established with the Ciudades Hermmanas del Estado de Michoacan, (our Sister City counterpart in Michoacan), We will continue work with Morelia and Michoacan, business people and government officials by focusing on expansion of our mutual economic development program in tourism, trade and economic development. This program begins with fomalizatiion of plans for Y- MSCA's delegation to Morelia in 2008 and the Morelia delegation visit in Yakima in 2009 Citizen Diplomacy: Buildings . Crossing Maintaining Bridges Community to Community . . Person to Person! Y -MSCA Grant Request Page 2 Also in 2008, Y -MSCA, in partnership with Allied Arts, plans to establish a pilot Morelia Artist in Reside program to strengthen and expand our cultural relationships and understandings Plans call for a one mon residency in Yakima for the chosen Morelia artist. The program includes workshops at various venues (i e schools, galleries and other locations) and an exhibit for the artist. We believe more in -depth programs and activities planned for the 2008 -2009 delegation visits are necessary to furtherenhance the rapport already established, thus increasing our ability to maintain those bridges we have already built and crossed. This 2008 grant plus sponsorships and in =kind contributions from Alhed Arts, Y -MSCA and other potential partners in the local arts community allows us to implement this pilot program. If this proves successful, we intend it to expand to other artist and art forms in the future Long terms, we intend to make this program a two -way street, sending local artists to Morelia in a residency exchange program. Thank you for your consideration of our request in this matter We greatly appreciate that you extended us funding in 2006 and 2007 Again, your support of Yakima - Morelia Sister City Association is most important to our relationship the governments of Morelia, the State of Michoacan, and the Country of Mexico Sincerely, Juven Garcia President Morelia Sister City Association 0 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT �� C Item No lc For the meeting of January 8, 2008 ITEM TITLE A Resolution authorizing the City Manager's execution of an agreement between the City of Yakima and the Yakima Sunfair Festival Association for the arrangement of tourist promotion services for the Sunfair Parade SUBMITTED BY William R Cook Director of Community and Economic Development CONTACT PERSON /TELEPHONE William R Cook (575 -6113) SUMMARY EXPLANATION As a part of the 2008 Budget, the City agreed to participate in the 2008 Sunfair Parade The attached agreement identifies the responsibilities of the Yakima Sunfair Festival Association and the City with regard to the event. The event will be held on September 27, 2008 The City will contribute $1,000 to cover III costs as identified in the agreement Resolution X Ordinance _ Other (Specify) Contract X Mail to (name and address) Gene Dawson, President, Yakima Sunfair Association, 601 Gibson Road, Selah, WA 98942 Funding Source Intergovernmental Section of General Fund Budget APPROVED FOR SUBMITTAL. /0„*, c r1aT City Manager STAFF RECOMMENDATION Adopt Resolution BOARD /COMMISSION RECOMMENDATION ® COUNCIL ACTION Legal /BD 1 Agenda JH • RESOLUTION NO R -2008- A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Yakima Sunfair Festival Association for the arrangement of tourist promotion services WHEREAS, the City of Yakima desires tourist promotion services to promote the Yakima Sunfair Parade, and WHEREAS, the City does not have staffing levels or specialized expertise to prepare said tourist promotion services, and WHEREAS, the Yakima Sunfair Festival Association has the experience and expertise necessary and is willing to perform said tourist promotion services in accordance with the terms and conditions of the attached agreement, and WHEREAS, the City Council deems it to be in the best interest of the City to contract with the Yakima Sunfair Festival Association, Inc to utilize their experience and expertise in accordance with the terms of 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 Promotion Services Agreement with the Yakima Sunfair Festival Association for the arrangement of tourist promotion services ADOPTED BY THE CITY COUNCIL this 8th day of January, 2008 David Edler, Mayor ATTEST City Clerk • (IA)res /sunfair 02.pm 0 PROMOTION SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA SUNFAIR FESTIVAL ASSOCIATION THIS AGREEMENT is made and entered into by and between the City of Yakima, hereinafter "City," and the Yakima Sunfair Festival Association, hereinafter "Sunfair " WHEREAS, the City desires tourist promotion services to promote the Yakima Sunfair Parade WHEREAS, the City does not have staffing levels or specialized expertise necessary to provide said tourist promotioh services WHEREAS, Sunfair has the expenence, expertise, and staff to provide said tourist promotion services NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Sunfair as follows 1 Tourist Promotion Services. Sunfair agrees to provide tourist promotion services to promote the Sunfair Parade on September 27, 2008, including parade picnics, gatherings, and other organizational activities 2 Term of Agreement. Sunfair shall commence services required hereunder upon execution of 411) this Agreement and shall complete all services and work required by this Agreement on or by September 28, 2008 3 Consideration In consideration of Sunfair's performance of all terms and conditions of this Agreement, the City agrees to pay Sunfair a total sum not to exceed One Thousand and No /100 Dollars ($1,000 00) Payment is expressly conditioned upon Sunfair providing satisfactory work and services to the City and corresponding documentation evidencing /describing said completed work and services to the City 4 Status of Sunfair Sunfair and the City understand and expressly agree that Sunfair is an independent contractor in the performance of each and every part of this Agreement. Sunfair, its members, and employees shall make no claim of City employment nor shall claim any related employment benefits, social security and /or retirement benefits 5 Taxes and Assessments. Sunfair 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 result of this Agreement, Sunfair shall pay the same before it becomes due 6 Nondiscrimination Provision During the performance of this Agreement, Sunfair 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 0 employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay 1 or other forms of compensation, selection for training, and the provision of services under this Agreement. 7 The Americans with Disabilities Act. Sunfair 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 Sunfair 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 Sunfair and /or its officers, employees, agents and volunteers 10 Indemnification and Hold Harmless Sunfair 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 Sunfair'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, Sunfair 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 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 Sunfair 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 Sunfair 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 • 2 • 15 Non - Waiver The waiver by Sunfair 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 City Manager City of Yakima 129 North 2nd Street Yakima, WA 98901 TO SUNFAIR Gene Dawson, President Yakima Sunfair Festival Association 60 Gibson Road 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, or hand delivered Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above 0 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 SUNFAIR FESTIVAL ASSOCIATION By By R.A. Zais, Jr , City Manager Its Date Date ATTEST City Clerk O ity Contract No esolution No 3