HomeMy WebLinkAbout01/05/2010 14 Yakima Morelia Sister City Association Agreement ID BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT '
Item No. * 14
For meeting of: January 5, 2010
ITEM TITLE: 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 One Thousand Three Hundred
Thirty-three Dollars ($1,333) for delegation of cultural and economic exchange
activities between the City of Morelia, Michoac-an, Mexico and the City of Yakima
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 2010 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 2010. The Promotion Services Agreement details the terms and
conditions the Association must provide to receive compensation under the agreement.
0 Upon completion of these activities, the City will provide up to One Thousand Three Hundred
Thirty-three Dollars ($1,333) to cover costs associated with the events.
Resolution X Ordinance Other (Specify)
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: i e3-- , --k-f.RA— 4 . , - 7 ‘' , 0 City Manager
STAFF RECOMMENDATION: Adopt resolution
BOARD/COMMISSION RECOMMENDATION: City Council provided budget authority.
COUNCIL ACTION:
111)
411) RESOLUTION NO. R-2010-
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 One Thousand Three Hundred Thirty-three
Dollars ($1,333) 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 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
• 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, 2010; 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 5th day of January, 2010.
Mayor
ATTEST:
City Clerk
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PF�O[N(]T|C)NSEF�V|CESAGF�EEK�ENT
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BETWEEN THE CITY {}FYAM|MAAND
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
K4O[e|ia. 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 YIV1GCA 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,
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N[)VV� THEREF(}RE. in �oonskjenahon of Nhe C0ven8nts, pronnisas, and agreements set
ID fo�h h�nein. i1 is �gne�d �y �nd be�ve�n �h� Citv ond 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 4:00 p.m. on December 31, 2010.
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 Three
Hundred Thirty-three and No/100 Dollars ($1.338.00). 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.
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YMSCA, its nne[nbers, and employees shall make no claim of City employment nor claim any
related employment benefits, social security and/or retirement benefits.
.
5. Taxes and Assessments. YMSCA shall be solely responsible for compensating its
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employees and for paying all related taxes, deductions, and assessments, including but not
limited b}. 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
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against either party as a result of the Agreement. In the event the City is assessed a tax or
assessment as a result of this Aonoernent. YMSCA shall pay the same before it becomes due.
6. Nondiscrimination Provision, During the performance of this /\gneennent. YMSCA shall
not discriminate in violation of any applicable fed8[8|. state and/or local law or regulation on the
basis of race, color, sex, religion, national origin, creed, marital status, political 8fUU8\|On. 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 Of1S9O.42U.G.C.8121O1 et seq (ADA) and its implementing regulations, and
Washington State's anti-discrimination law as contained in RCVV Chapter 40.00 and its
implementing regulations. The ADA provides comprehensive civil rights to individuals with
disabilities in the area of e[Op|0ynOent, public accD[OOlOd8dOOS, 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 bndy, whether federal, state,
local, or otherwise.
S. No Insurance. It is understood the City does not maintain liability insurance for YMSCA
and/or its officers, ennp|Dyeeo, agents and volunteers.
10. Indemnification and Hold Harmless. YMSCA shall defend, indenlnifv, and hold harmless
the Citv, its ogwnts, officers, ennp/oyeea, and elected officials from and against all o|oinla,
causes of action, |ovvsu|ts, donnogea, fines, penalties, |oaSea, ooata, 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 ($1,000.000D8) combined single
limit bodily injury and property damage. The certificate shall clearly state who the provider is,
the amount of coverage, the policy nUn0bo[, 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, mOentS, enlplOy88S, 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 but and initialed by the insurance agent). The insurance shall be
with an insurance company or companies rated ArV|I or higher in Best's Guide and admitted in
the State of Washington.
12. Assignment. This Agreement, or any interest herein, or claim hepeunder. 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 Citv� In
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0 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.
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. Notification Procedure: 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
111) 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 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.
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