HomeMy WebLinkAboutR-2008-003 Morelia Sister City AgreementRESOLUTION NO. R-2008-03
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
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, 008.
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ATTEST:
City Clerk
David Edler, May
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 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 4:00 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 in 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
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 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 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
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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
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.
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:
TO YMSCA:
City Manager
City of Yakima
129 North Second 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.
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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. 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
By:
Date:
R.A. Zais, City Manager
YAKIMA MORELIA SISTER CITY
ASSOCIATI N
By: AA -ad
_ , �f'` `'
Its:/ ej/0 _
City Clerk
City Contract No.Q-D3
Resolution No. --?O Q�77l-,3
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No *pi
i l
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. 4 »j City Manager
STAFF RECOMMENDATION Adopt resolution
BOARD/COMMISSION RECOMMENDATION City Council provided budget authority
COUNCIL ACTION
Riven Garcia
President
C2kLIr2LI- O'ZELLL2 cS'LS.L£'t City og5.loa(aLio)2
Yakima -Morelia Sister City Association P.O. Box 1048 v Yakima, WA 98907
Teri Aguilera-Fleming
Vice -President
Yakima City Council
Yakima City Hall
129 North 2nd Street
Yakima, WA. 98901
RE: 2008 Funding Request of $2,000
Yakima -Morelia Sister City Association
RECENED
DEC 072007
CITY OF YAKIMA
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
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Also in 2008, Y-MSCA, in partnership with Allied Arts, plans to establish a pilot Morelia Artist in Residence
program to strengthen and expand our cultural relationships and understandings. Plans call for a one month
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 Allied 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 with the governments of Morelia, the State of Michoacan, and the Country of Mexico.
Sincerely,
Juven Garcia
President
Morelia Sister City Association