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HomeMy WebLinkAboutR-2009-013 Morelia Sister City Association Agreement 2009A RESOLUTION RESOLUTION NO. R-2009-13 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 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, 2009; 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 20th day of uary, 20 City Clerk David Ed er, Mayor e-zoo9-i3 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 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, 2009. 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. 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 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 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 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. 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. 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, r., City Manager Date: /—aZy—D ATTEST: A_Ja)26i0-2,cf 424 City Clerk City Contract No. 020Oq —t'7 Resolution No. i?- 2.6eci —I 3 4 By: Its: Date: — S — c2 (f • ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1? For meeting of: January 20, 2009 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. 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 2009 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 2009. 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: idc-71i}1-3 City Manager •STAFF RECOMMENDATION: Adopt resolution BOARD/COMMISSION RECOMMENDATION: City Council provided budget authority COUNCIL ACTION: