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.
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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 •
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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.
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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
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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
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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
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• 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
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