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AGENDA
Community Services Committee Regular Meeting
5:00 PM - Monday, October 7, 2019
Council Conference Room, 7th Floor, City Hall – 1055 S. Grady Way
1. Renton Sister City Joint Agreement
a) AB - 2462 Community Services Department recommends approval of a 10-year
agreement with the Renton Sister City program, in the amount of $6,000 per year, that
clarifies roles and responsibilities between each agency.
2. Emerging Issues in Community Services
AB - 2462
City Council Regular Meeting - 23 Sep 2019
SUBJECT/TITLE: Renton Sister City Association Joint Agreement
RECOMMENDED ACTION: Refer to Community Services Committee
DEPARTMENT: Community Services Department
STAFF CONTACT: Sonja Mejlaender, Community Relations & Events
EXT.: 6514
FISCAL IMPACT SUMMARY:
$6,000.00 annually for approved reimbursement.
SUMMARY OF ACTION:
The proposed ten year agreement clarifies the responsibilities and obligations of each agency. The purpose of
this agreement is to support the Renton Sister City program in their service to establish and promote "sister
city" relationships in the spirit of goodwill and cooperation with cities throughout the world. Such
relationships are intended to encourage educational, cultural, recreational, government, business, and
economic and other exchanges.
EXHIBITS:
A. RSCA COR Agreement_2019_FINAL_10 yr trm
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to sign an agreement between the City of Renton and the Renton Sister
Cities Association for the amount of $6,000 annually for a term of 10 years.
AGENDA ITEM #1. a)
AGREEMENT BETWEEN CITY OF RENTON AND
THE RENTON SISTER CITIES ASSOCIATION
THIS AGREEMENT, dated for reference purposes only as September 10, 2019, is by and between
the City of Renton (the “City”), a Washington municipal corporation, and the Renton Sister Cities
Association (“RSCA”), a Washington non‐profit corporation. The City and RSCA are referred to
collectively in this Agreement as the “Parties.”
1. Scope: This Agreement defines the respective responsibilities and obligations of the City
and RSCA regarding the sister city program in the City of Renton with Nishiwaki, Japan,
and with Cuautla, Mexico, and programs directly associated with the City’s sister city
program.
2. Purpose: RSCA is organized exclusively to establish and promote “sister city”
relationships in the spirit of goodwill and cooperation with cities throughout the world.
Such relationships are intended to encourage educational, cultural, recreational,
government, business and economic and other exchanges.
3. Roles and Responsibilities of RSCA to the City:
A. RSCA shall perform the following services, which may be in collaboration with
designated City staff as described in Section 4.C, for the benefit of the City and its
residents:
i. Expand citizen understanding of international cultures by promoting an
awareness of cultural diversity;
ii. Encourage opportunities for social and educational enrichment among
international cultures;
iii. Support international humanitarian efforts;
iv. Share expertise in municipal problem‐solving across international cultures;
v. Support official sister city delegation visits including directing, managing,
organizing and coordinating international sister city relations, programs and
activities such as local tours and daily excursions, socials, exhibits, presentations,
AGENDA ITEM #1. a)
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communications, art exchanges, and official visits to Renton City Hall and other
City facilities.
Collectively, the services listed in this Section 3.A are the “Sister City Activities.”
B. RSCA shall endeavor to operate as follows:
i. Ensure that its Articles of Incorporation, Bylaws and Policies do not conflict with
any terms of this Agreement.
ii. Adopt and adhere to a professional code of ethics to guide its operations, based
upon the suggestions developed by the Sister Cities International Association.
iii. Retain the right to adopt and modify standard policies and procedures regulating
Sister City Activities, as it deems necessary or appropriate, but not inconsistent
with this Agreement.
iv. Not discriminate regarding any services, membership, staff, or activities to which
this Agreement may apply directly or indirectly through contractual, hiring, or
other arrangements on the grounds of race, color, creed, religion, national origin,
gender, age, or where there is the presence of any sensory, mental, or physical
handicap.
C. RSCA shall, in addition:
i. Prepare and submit to the City an annual report no later than January 31 of each
year that includes a statement of financial condition and a projected annual
budget. This report shall review the operations for the previous year, define the
goals and objectives for the coming year for the Nishiwaki and the Cuautla
programs, list the anticipated Sister City Activities for the coming year for the
Nishiwaki and the Cuautla programs, and describe RSCA’s fundraising activities
planned for the coming year to sustain RSCA as a viable non‐profit organization.
ii. Not use any funds transferred from the City for gifting to individuals; promotional
hosting; purchasing alcohol, tobacco, or contraband; lobbying; furthering the
election or defeat of any candidate for public office; conducting voter
registration drives; supporting any partisan political activity; or pursuing any
activity outside RSCA’s non‐profit mission.
iii. Comply with all applicable laws, ordinances, regulations and codes of any
government having jurisdiction over RSCA or its functions. This section shall apply
not only to RSCA but also to anyone employed or retained by RSCA.
AGENDA ITEM #1. a)
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4. Roles and Responsibility of the City to RSCA: The City shall perform the following
services:
A. Assist the RSCA in hosting Sister City Activities by endeavoring to assure
representation of the Mayor’s Office and of the City Council, when international
representative(s) visit our community and by approving delegate status of
representatives of the RSCA when visiting RSCA sponsored international communities.
B. Reimburse RSCA up to a maximum of six thousand dollars ($6,000) per year for RSCA’s
eligible costs toward Sister City Activities. Upon future review of programming and
deliverables by RSCA, the City, at its sole discretion, may consider increasing annual
support by an amendment to this Agreement.
C. Designate one or more City staff members to provide support to RSCA in the provision
of Sister City Activities, as time is available. Notwithstanding the foregoing, City staff
members shall not provide support to RSCA for any activity for which City funds
cannot be used; this includes but is not necessarily limited to the activities listed in
Section 3.C.ii of this Agreement.
D. Authorize the Community Services Administrator, or a designee, to serve as a City
contact for RSCA.
E. Provide printing and mailing services for RSCA’s publications and other marketing
materials for projects furthering the mission and goals of the RSCA that benefit Renton
residents. Notwithstanding the foregoing, the value of such services will not exceed
Five Hundred Dollars ($500) per year.
5. No Future Commitments: The City makes no commitment to support, and assumes no
obligation for future support, of the activity contracted herein except as expressly set
forth in this Agreement.
A. Should anticipated sources of revenue to carry out the terms of this Agreement not
be available to the City, the City will be released from contracted liability with RSCA
for that portion of the Agreement for which funds are not available.
B. In the event the City notifies RSCA that funding is no longer available for all or a
portion of the services to be provided pursuant to this Agreement, RSCA is released,
upon written notification from the City, from any obligation to provide said services.
C. Should funding no longer be available, the City will strive to give RSCA one
hundred eighty (180) days’ notice.
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6. Other Participation: This Agreement does not prohibit RSCA from participating with any
other public or private agencies, organizations, and individuals or from accepting other
contributions or gifts.
7. Duration & Termination:
A. This Agreement shall be for a period of ten (10) years beginning on the last date
executed below.
B. This Agreement may be terminated by either party for any cause upon not less than
one hundred and eighty (180) days’ written notice to the other party. Upon receipt
of a termination notice, the City shall cease any and all support including financial
support and in‐kind services at the end of one hundred and eighty (180) days.
8. Record Maintenance: RSCA shall maintain accounts and records, which properly reflect
all direct and indirect costs expended in the performance of this Agreement and retain
such records for as long as may be required by applicable Washington State records
retention laws, but in any event no less than six (6) years after the termination of this
Agreement. RSCA agrees to provide access to and copies of any records related to this
Agreement as required by the City to audit expenditures and charges and/or to comply
with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this
section shall survive the expiration or termination of this Agreement.
9. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, RSCA shall make a due diligent search of
all records in its possession or control relating to this Agreement, including, but not
limited to, e‐mail, correspondence, notes, saved telephone messages, recordings, photos,
or drawings and provide them to the City for production. In the event RSCA believes said
records need to be protected from disclosure, it may, at RSCA’s own expense, seek judicial
protection. RSCA shall indemnify, defend, and hold harmless the City for all costs,
including attorneys’ fees, attendant to any claim or litigation related to a Public Records
Act request for which RSCA has responsive records and for which RSCA has withheld
records or information contained therein, or not provided them to the City in a timely
manner. RSCA shall produce for distribution any and all records responsive to the Public
Records Act request in a timely manner, unless those records are protected by court
order. The provisions of this section shall survive the expiration or termination of this
Agreement.
10. Hold Harmless: RSCA agrees to release, indemnify, defend, and hold harmless the City,
elected officials, employees, officers, representatives, and volunteers from any and all
claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings,
judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties,
expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and
AGENDA ITEM #1. a)
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all persons or entities, caused by the negligent acts, negligent errors or negligent
omissions of RSCA in its performance of this Agreement or a breach of this Agreement by
RSCA, except for that portion of the claims caused by the City’s sole negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute RSCA’s waiver of immunity under the Industrial Insurance Act,
RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually
negotiated and agreed to this waiver. The provisions of this section shall survive the
expiration or termination of this Agreement.
11. City of Renton Business License: RSCA shall obtain a City of Renton Business License prior
to performing any Work and maintain the business license in good standing throughout
the term of this agreement with the City.
12. Insurance: RSCA shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. Commercial Automobile Liability for owned, leased, hired or non‐owned, leased, hired
or non‐owned, with minimum limits of $1,000,000 per occurrence combined single
limit, if there will be any use of RSCA’s vehicles on the City’s Premises by or on behalf
of the City, beyond normal commutes.
C. RSCA shall name the City as an Additional Insured on its commercial general liability
policy on a non‐contributory primary basis. The City’s insurance policies shall not be
a source for payment of any RSCA liability, nor shall the maintenance of any insurance
required by this Agreement be construed to limit the liability of RSCA to the coverage
provided by such insurance or otherwise limit the City’s recourse to any remedy
available at law or in equity.
D. Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
E. RSCA shall provide the City with written notice of any policy cancellation, within ten
(10) business days of their receipt of such notice.
13. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service. Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
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transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON
Sonja Mejlaender
Community Relations & Events Coordinator
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430‐6514
smejlaender@Rentonwa.gov
RSCA
1. RSCA – Nishiwaki, Japan, Committee
Chris Johnson
for the Renton‐Nishiwaki Sister City
Committee
chris5255@gmail.com
519 Hoquiam Ave. NE, Renton, WA., 98059
Phone: (425) 381‐7069
2. RSCA – Cuautla, Mexico, Committee
Jonna Lee Hough
for the Renton‐Cuautla Sister City Committee
jonnaleeh@icloud.com
6208 S. Norfolk, Seattle, WA., 98118
Phone: (206) 725‐1074
14. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and RSCA represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or RSCA.
B. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
C. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Jurisdiction and venue for any suits filed in connection with this Agreement
shall be in the King County Superior Court for the State of Washington at the Maleng
Regional Justice Center in Kent, King County, Washington, or its replacement or
successor.
D. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
AGENDA ITEM #1. a)
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E. Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
F. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
G. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor.
H. Third‐Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
I. Working Relationship. RSCA and the City agree that each will collaborate with
respect to the services provided pursuant to this Agreement. Nothing in the
Agreement shall be considered to create the relationship of employer and
employee between the parties. Neither RSCA nor any employee of RSCA shall be
entitled to any benefits accorded City employees by virtue of the services provided
under this Agreement. The City shall not be responsible for withholding or otherwise
deducting Federal Income Tax, Social Security, contributing to the State Industrial
Insurance Program, or otherwise assuming the duties of an employer with respect to
RSCA, or any employees of RSCA. RSCA shall provide the City with sufficient proof of
its 501 (c) (3) non‐profit status, including IRS number and business license, if required.
J. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
K. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or RSCA from enforcing that provision or any other provision
of this Agreement in the future. Waiver of breach of any provision of this Agreement
shall not be deemed to be a waiver of any prior or subsequent breach unless it is
expressly waived in writing.
L. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
AGENDA ITEM #1. a)
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IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON
By:_____________________________
RENTON SISTER CITIES ASSOCIATION
By:____________________________
Denis Law
Mayor
Roger Richert
RSCA President
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
_______________________________
Shane Moloney
Renton City Attorney
AGENDA ITEM #1. a)