City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council approve a Memorandum of Understanding
(MOU) between the City of Culver City and the Culver City Sister City Committee,
Inc. (CCSCC) and discuss the re-creation of an ad-hoc and/or permanent City
Council Sister City Subcommittee and appoint two Council Members thereto.
BACKGROUND/DISCUSSION:
Since 1962, the City of Culver City has had a relationship with what was formerly
known as Culver City Sister Cities Committee. The Culver City Sister City program
fosters and promotes:
1. The exchange of information and ideas for the cultural betterment of the City
and its people:
2. The knowledge, understanding, and education of the City and of its people;
and
3. Mutual understanding and goodwill between the City and its Sister Cities.
Currently, the City of Culver City has a sister city relationship with the following
cities: Uruapan, Mexico; Kaizuka, Japan; Iksan City, South Korea; and Lethbridge,
Canada.
In FY 2007-08, a City Council Subcommittee of former Vice Mayor Gross and
current Vice Mayor Silbiger met with staff and members of CCSCC to review the
structure and operations of the CCSCC and its relationship to the City of Culver City.
At the January 28, 2008 City Council Meeting, the City Council discussed the Culver
Meeting Date: 03/16/09 Item Number: A-3
AGENDA ITEM: Approval of a Memorandum of Understanding Between the City
of Culver City and the Culver City Sister City Committee, Inc. and Discussion of
the Re-Creation of a City Council Subcommittee and Appointment of Two Council
Members Thereto, if Desired.
Contact Person/Dept.: Shelly Wolfberg Phone Number: (310) 253-6008
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification:
Culver City Sister City Committee President and Master E-Mail Notification List
(03/11/08)
Department Approval:
Jerry B. Fulwood (03/04/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (03/02/09)
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball) (03/03/09)
City Manager Approval:
Jerry B. Fulwood (03/04/09) City of Culver City, California
City Council Agenda Item Report
City Sister Cities Committee’s establishment as a 501(c)(3) and directed the City
Council Subcommittee to work with City staff for 60 days regarding the preparation
of the proposed MOU. On June 22, 2008, CCSCC, INC. received its Final Status
Determination Letter as a 501 (c) 3 from the Internal Revenue Service, retroactive to
January 31, 2008.
With the assistance of the past Council Subcommittee, staff began working with
members of CCSCC to develop a draft MOU between both entities. City staff
members have also met with representatives of CCSCC to negotiate the draft MOU.
Attachment 1 is the proposed MOU as tentatively agreed upon by both entities.
At the September 8, 2008 City Council Meeting, Members of the City Council
requested staff include an option in this staff report for the City Council to name a
CCSCC City Council Subcommittee to work with CCSCC on an as-needed basis. In
reviewing CCSCC By-Laws, Article VI, Section 1, E: “Honorary Membership shall
be available to all members of the City of Culver City City Council and the Chief
Administrative Officer (sic) during their term of office in an ex-officio manner upon
approval by the Board of Directors.” The CCSCC President indicates to staff that
ex-officio members do not vote on CCSCC matters but are welcome to participate in
all CCSCC events and activities. City Council Members currently serve in their
official capacity when welcoming visiting delegations to the City.
Other City Council Subcommittees currently work with groups who are under the
arm of the City and staffed by City employees. No other City Council Subcommittee
has been assigned to be a liaison with an independent Culver City non-profit
organization. For this reason, staff recommends a CCSCC Council Subcommittee
not be named to work in perpetuity with the CCSCC. To establish a CCSCC
Subcommittee beyond the efforts of finalizing an MOU with the City of Culver City
could set a precedent for the numerous separate and distinct 501(c)3 organizations
which are currently acting as independent bodies in Culver City.
Additional Request from CCSCC, Inc.
CCSCC, Inc. had currently used the Veterans Park and Carlson Park picnic areas
for CCSCC, Inc. events at no cost. CCSCC, Inc. has also had the use of the Dan
Patacchia Room in City Hall for its monthly meetings. During negotiations early on
in the process, staff agreed to continue the practice for the above said meetings, and
it is incorporated into the MOU.
CCSCC, Inc. would also like to request that the City Council consider a 45%
permit/fee waiver for two additional Carlson Park Picnic Area permits and two
additional Veterans Memorial Park Picnic Area permits. CCSCC, Inc. is also City of Culver City, California
City Council Agenda Item Report
requesting the same percentage fee waiver for two uses of a room in the Veterans
Memorial Complex, which would include the Teen Center and the Senior Center.
CCSCC, Inc. indicates that it will pursue other avenues for event space. If CCSCC,
Inc. becomes unable to secure such space, CCSCC, Inc. would appreciate the fee
waivers for City space. CCSCC, Inc. also states it is currently planning fund raisers,
but does not have enough experience to determine if it can make enough money to
cover such costs.
This request was submitted in writing by the CCSCC, Inc. on March 11, 2009. It is
not in the MOU, as it is a new formal request, and staff recommends the City Council
consider this item separately. Should the City Council approve this item, it will be
incorporated into the Final MOU.
FISCAL ANALYSIS:
The City’s contribution to the Sister City Committee for FY 2008-09 was addressed
and approved by City Council during the annual budget process. Future allocations
will be presented to City Council with the City’s proposed budget on an annual basis.
There is no fiscal impact associated with forming a CCSCC Council Subcommittee
(if desired).
The current rental rate for a Culver City Non-Profit for the picnic areas is $40/four
hours at Carlson Park and $55/four hours at Veterans Park. Room rentals at
Veterans Memorial Complex range between $9/hour/room to $121/hour/room. If the
City Council approves a 45% fee waiver it is not possible to determine the actual
impacts, due to the number of hours the facility would be rented. The City could lose
up to 45% of the total room or picnic area rentals.
ATTACHMENTS:
1. Proposed MOU between the CCSCC, Inc. and the City of Culver City
MOTION:
That the City Council:
1. Approve the proposed MOU between the CCSCC, Inc. and the City of Culver
City; and
City of Culver City, California
City Council Agenda Item Report
2. Authorize the City Attorney to review/prepare the MOU and authorize the City
Manager to execute the MOU on behalf of the City; and
3. Re-create the City Council CCSCC Subcommittee as either an Ad-Hoc or
standing Subcommittee (if desired); and,
4. Appoint Councilmember and Councilmember
_______________ to the CCSCC, Inc. Council Subcommittee; and/or,
5. Include a 45% fee waiver for two additional rentals of the Carlson Park and
Veterans Park picnic areas and two rentals of rooms in the Veterans
Memorial Complex; and
6. Direct staff to incorporate these waivers into the attached MOU; and
OR
7. Provide other direction to staff as deemed appropriate.
MEETING DATE: March 16, 2009
AGENDA ITEM: Approval of a Memorandum of Understanding Between
the City of Culver City and the Culver City Sister City
Committee, Inc. and Discussion of the Re-Creation of a
City Council Subcommittee and Appointment of Two
Council Members Thereto, if Desired.
ATTACHMENTS
Pages
MOU between the CCSCC, Inc. and the City of Culver City
1-16AGREEMENT BETWEEN
THE CITY OF CULVER CITY
AND
CULVER CITY SISTER CITY COMMITTEE, INC.
THIS AGREEMENT is made and entered into this day of , 2009, by and
between the CITY OF CULVER CITY, a municipal corporation ("City"), and CULVER
CITY SISTER CITY COMMITTEE, INC., a nonprofit corporation of the State of
California ("CCSCC, Inc.").
RECITALS
A. On December 10, 1962, the City Council established the Culver City Sister City
Committee.
B. On June 22, 2008, CCSCC, INC. received its Final Status Determination Letter
as a 501 (c) 3 from the Internal Revenue Service, retroactive to January 31,
2008.
C. The City Council has found that the development and implementation of a sister
city relationship between Culver City and various sister cities worldwide promotes
cultural relations and benefits the City. In particular, the Sister City relationship
fosters and promotes:
(1) the exchange of information and ideas for the cultural betterment of the
City and its people;
(2)the knowledge, understanding, and education of the City and of its
people; and
(3) mutual understanding and goodwill between the City and Sister Cities.
D. Culver City's sister cities are:
No. City State Country Date
1. Uruapan Michoacan Mexico February 24, 1964
2. Kaizuka Osaka Japan April 29, 1965
3. lksan City Chollabuk-do South Korea September 12, 1983
14. Lethbridge Alberta Canada November 6, 19891
E. The City desires to establish and maintain a relationship with CCSCC, Inc., an
organization qualified for the purposes of implementing and administering a
Sister City program.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and
conditions set forth herein, City and CCSCC, Inc. hereby agree as follows:
SECTION 1. TERM OF AGREEMENT.
The term of this Agreement shall be from May 1, 2008 ("Commencement Date")
and shall end on June 30, 2013, with a fiscal year of July 1 to June 30 of the following
year, subject to the termination provisions set forth in this Agreement. Regardless of
the date of execution of this Agreement, this Agreement is effective as of the
Commencement Date.
SECTION 2. SERVICES PROVIDED BY CCSCC, Inc.
A. The City recognizes that maintaining successful relationships with Sister
Cities requires active participation by members of the community. The CCSCC, Inc.
should develop and administer diverse programs and activities to promote art, culture,
education, civic affairs and economic development, and enhance the relationships with
Sister Cities through ongoing activities.
B. CCSCC, Inc. shall perform its services consistent with the goals of the
City, and as further set forth in EXHIBIT A, entitled "CCSCC, Inc. SCOPE OF
ACTIVITIES," which is attached hereto and incorporated herein by reference. The
parties agree that the broad goals of the City include advancing international
understanding and cooperation, exchanging ideas and information, and establishing
goodwill and positive relations in the community and with citizens of Sister Cities.
1 The Sister City relationship with Yanji City, Jilin, China was established in October
11, 1994 and was terminated circa 1998.|1010|frSECTION 3. PAYMENT.
City agrees to consider reimbursing CCSCC, Inc. in future fiscal years in an
amount not to exceed the amount allocated annually by City Council, which shall
include funding for the required insurance policies pursuant to the terms and conditions
of this Agreement. The annual amount is subject to the approval of the City Council
through the budget process. The rate and schedule of payment is set out in EXHIBIT B,
entitled "COMPENSATION" which is attached hereto and incorporated herein by
reference.
For Fiscal Year 2008/09, the City agrees to reimburse the CCSCC, Inc. in an
amount not to exceed $16,600, which includes $14,000 for discretionary expenses and
$2,600 for reimbursement of required insurance policy premiums.
SECTION 4. BANK ACCOUNTS.
All CCSCC, Inc. bank accounts shall be maintained by CCSCC, Inc. CCSCC,
Inc.'s Tax Identification Number shall be used on all bank accounts.
SECTION 5. COORDINATION.
A. The City Manager, or his/her designee, is charged with the responsibility of
administering this Agreement on City's behalf_ The City Manager shall
delegate his or her authority to designated City employees as necessary.
The City Manager shall determine the role of City staff and use of mementos,
proclamations, commendations, facilities and equipment in any CCSCC, Inc.
event,
B. The City Council and City Manager will receive ex-officio memberships at no
cost during their tenure in office.
C. Future consideration of new Sister Cities shall be presented to the City
Council for prior approval, and CCSCC, Inc. shall not initiate or terminate any
relationship with an existing or future Sister City without prior approval of the
City Council.
D. All functions and activities performed by CCSCC, Inc. in connection with its
relationships with the Sister Cities, whether or not directly funded by City,|1010| 3must be consistent with the mission and goals of the City. The City Manager
will monitor CCSCC. Inc.'s compliance with this Section.
E. At the time of execution of this Agreement, CCSCC, Inc. shall provide the City
with a roster of CCSCC, Inc.'s officers and its Board of Directors. An updated
roster shall be provided annually and upon written request by the City
Manager to CCSCC, Inc.
F. During the term of this Agreement, CCSCC, Inc. shall provide the City with an
agenda of CCSCC, Inc.'s board and membership meetings with at least three
(3) days advance notice. CCSCC, Inc. shall provide City with minutes of such
meetings.
G. The City Manager or his or her designee shall grant approval for the annual
use of Veterans Park Picnic Area and Carlson Park Picnic Area and the
monthly use of the Dan Patacchia Conference Room at City Hall for CCSCC,
Inc. meetings and official CCSCC, Inc. delegations to Culver City. The City
Manager may, at his or her discretion, move the CCSCC, Inc. meeting or
event to an alternate City facility should the meeting or event conflict with the
conduct of City business.
H. If the CCSCC, Inc. provides or establishes a gift, garden or facility directly to
the City or serves as a conduit for sister cities to provide gifts to the City, all
gifts become the property of the City. As such, the City Manager or his or her
designee will determine the placement or location of the gifts and the level of
maintenance and/or operation associated with said gifts. All past sister city
gifts given to the City shall fall under this provision. CCSCC, Inc. shall have
the right of first refusal for the disposition of said gifts.
I. The City shall coordinate its level of involvement or participation in any
CCSCC, Inc. event.
J. The City shall not become involved in or support orphanage donations, which
shall be the CCSCC, Inc.'s sole responsibility and liability.
K. Except as provided herein, City employees shall not perform CCSCC, Inc.
activities on City time or use City resources unless authorized in writing by the
City Manager. A City employee who is volunteering for CCSCC, Inc. is not
4acting as a representative of the City during the course of his or her volunteer
activities, and the City is not liable for his or her actions.
SECTION 8. REPORTING.
A. CCSCC, Inc. shall provide a written plan of activities within thirty (30) days
of the execution of this Agreement, and annually thereafter, prior to July 1 of each year.
The Plan shall include activities, trips and projects to be implemented during the fiscal
year. The Plan shall also outline a project level budget and any planned fundraising
activities. Any specific funding requests for the upcoming fiscal year must be received
by the City prior to March 31 st in order to be considered during the City's budget
process.
B. CCSCC, Inc. shall complete financial reports detailing income from all
sources, and expenses, including receipts and documentation of expenditures, in
accordance with generally accepted accounting principles. Financial reports are due
within six months after the end of each fiscal year.
SECTION 7. RIGHT TO AUDIT.
A. CCSCC, Inc. agrees to furnish the City Manager, not later than thirty (30)
days after the expiration of each fiscal year, or no less than 60 days upon written notice
by the City, two (2) complete statements of its income from all sources and its
expenditures for all purposes during the term of this Agreement. CCSCC, Inc. further
agrees to make available for examination or audit by City, all ledgers, invoices,
vouchers, canceled checks or other documents representing CCSCC, Inc.'s financial
transactions.
B. In the event that upon examination or audit of CCSCC, Inc.'s records, City
determines that CCSCC, Inc. has failed to conform its expenditure of all or any portion
of City's funds with the terms and provisions of this Agreement, CCSCC, Inc. shall either
correct the matter or return to City such funds, within sixty (60) days of City's written
notification.
SECTION 8. PERFORMANCE REVIEW.
5CCSCC, Inc.'s performance during the term of this Agreement may be evaluated
on an annual basis, and at the end of the Agreement. CCSCC, Inc. shall cooperate with
any and all City requests for information and material for CCSCC, Inc.'s evaluation. If
the City is not satisfied with the performance of CCSCC, Inc., the City Manager shall
meet with CCSCC, Inc. to develop a plan to remediate any area(s) of concern. If the
performance of CCSCC, Inc. continues to fail to meet the objectives outlined in this
Agreement, the City Manager may issue a written notice to CCSCC, Inc., outlining the
requirements to maintain their relationship with the City and file a report with City
Council. If further action is required, the matter may be referred to City Council.
SECTION 9. NONDISCRIMINATION.
In the performance of the activities permitted by this Agreement, CCSCC, Inc. or
its contractors will not refuse or fail to hire or employ any qualified person, or bar or
discharge from employment any person, or discriminate against any person, with
respect to his or her compensation, terms, conditions or privileges of employment,
because of such person's race, color, religion, national origin, ethnicity, sex, sexual
orientation, actual or perceived gender identity, disability or age.
SECTION 10. INDEPENDENT CONTRACTOR.
CCSCC, Inc. and its employees (if any), volunteers and agents, are independent
contractors and are not agents or employees of City. This Agreement shall not in any
way be construed to create a partnership, association, or any kind of joint undertaking
or venture between City and CCSCC, Inc.
SECTION 11. COMPLIANCE WITH LAWS.
A. CCSCC, Inc. shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local governments, including but not limited
to any laws specifically referenced in this Agreement.
B. CCSCC, Inc. shall be responsible for payment of all taxes, fees, contributions or
charges applicable to the conduct of CCSCC, Inc.'s business.
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C. CCSCC, Inc. shall maintain its status as a nonprofit corporation in the State of
California in good standing, at all times during the term of this Agreement.
D. CCSCC, Inc. shall obtain and maintain its tax-exempt status of the federal
Internal Revenue Code. Within ten days of suspension, termination or otherwise
loss of its tax exempt status under section 501(c)(3), CCSCC, Inc. shall provide
written notice to the City of such loss.
E. CCSCC, Inc. shall develop and implement standards to screen individuals who
may interact with children, including but not limited to chaperones and host
families. These standards shall be approved by the City Manager.
SECTION 12. ASSIGNMENT.
This Agreement shall not be assigned by CCSCC, Inc. without City's prior written
consent. Unless specifically authorized by this Agreement, CCSCC, Inc. shall not
assign the performance of any obligation under this Agreement and may not assign any
interest under this Agreement without City's prior written consent.
SECTION 13. HOLD HARMLESS.
CCSCC, Inc. shall be responsible for any and all injuries to or death of any
person, and for any and all damage to any and all real or personal property, including
City's or others, caused by or resulting from any acts, errors or omission of CCSCC,
Inc., its employees or its agents arising out of or connected with rendition of services
hereunder. CCSCC, Inc. shall defend, hold harmless and indemnify City and its officials,
officers and employees from any and all liability claims, including costs, for damages to
real or personal property, or personal injury or death, resulting from CCSCC, Inc.'s, its
employees or agent's acts, errors or omissions arising out of or connected with rendition
of services hereunder.
SECTION 14. TERMINATION.
A. This Agreement may be terminated by either party upon giving to the other party
ninety (90) days written notice of termination.B. CCSCC, Inc.'s performance under this Agreement is an integral part of the
consideration for City to enter into future agreements. CCSCC, Inc.'s failure to
perform under this Agreement shall constitute a material breach for which City, in
addition to any other rights or remedies available to City, may immediately
terminate this Agreement upon written notice to CCSCC, Inc.
C. Only the City Council may decide on the part of City that this Agreement is to be
terminated, and may direct the City Manager to furnish written notice to the
CCSCC, Inc. of such termination.
D. Only the CCCSCC Board of Directors may decide on behalf of CCSCC, Inc. that
this Agreement is to be terminated and may direct the President to furnish written
notice to the City of such termination.
SECTION 15. INSURANCE REQUIREMENTS.
CCSCC, Inc. agrees to have and maintain insurance policies as set forth in
Exhibit C, attached hereto and incorporated herein by reference. All policies,
endorsements, certificates and/or binders shall be subject to approval by the City
Manager or the City Manager's authorized designee as to form and content. Without
limiting its obligations under Exhibit C of this Agreement, CCSCC, Inc. shall submit one
or more duly executed certificates of insurance for Comprehensive General Liability in
the minimum amount of One Million Dollars ($1,000,000) each occurrence, with not
less than Two Million Dollars ($2,000,000) in annual aggregate coverage; Directors
and Officers Insurance; and Workers Compensation insurance in the statutorily required
amount, if applicable. Any individual driving a personal or rented vehicle while
conducting any business related to the CCSCC, Inc., must provide proof of valid
Automobile Liability Insurance.
SECTION 16. NOTICES.
Any notices or communications shall be sent in writing to the respective parties at
the following addresses:
S'
89
To CCSCC, Inc.:
President
Culver City Sister City Committee, Inc.
P.O. Box #1072
Culver City, CA 90230
To City:
Jerry Fulwood
City Manager
City of Culver City
9770 Culver Boulevard
Culver City, CA 90232
SECTION 17. MISCELLANEOUS.
A. Captions and sections of this Agreement are for convenience only and shall not
be considered in resolving any questions of interpretation or construction.
B. This Agreement shall be governed exclusively by its provisions and by the laws
of the State of California as the same from time to time exist. In the event that
suit shall be brought by either party, the parties agree that venue shall be
exclusively vested in the state courts of the County of Los Angeles, or if federal
jurisdiction is appropriate, exclusively in the United States District Court, Central
District of California, in Los Angeles, California.
C. If a court of competent jurisdiction rules that any provision of this Agreement is
void or unenforceable, the remaining provisions shall not be affected and shall
remain in full force and effect.
D.
As used in this Agreement and when required by the context, each number
(singular and plural) shall include all numbers.
E. Whenever in this Agreement words of obligation or duty are used, such words
shall have the force and effect of covenants. Any obligation imposed by either
party shall include the imposition on such party of the obligation to pay all costs
and expenses necessary to perform such obligation.
F. This Agreement, including the exhibits attached thereto, contains the entire
Agreement of the parties and supersedes all prior understandings or
representations of the parties, whether written or oral. Any subsequentmodification of this Agreement must be made in writing and signed by the parties'
authorized representatives.
///
WITNESS THE EXECUTION HEREOF the day and year first hereinabove written.
CULVER CITY SISTER CITY
COMMITTEE, Inc.
Dated: By Its
CITY OF CULVER CITY, CALIFORNIA
Dated: By Jerry Fulwood
City Manager
APPROVED AS TO FORM: APPROVED AS TO FINANCING
AND BUSINESS TAX CERTIFICATE:
Carol A. Schwab Jeff Muir
City Attorney Chief Financial Officer
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I
UEXHIBIT A
CCSCC, Inc. SCOPE OF ACTIVITIES
CCSCC, Inc. may perform the services set forth below, consistent with the goals of the
City:
1. Plan and implement activities to meet the goals and objectives of the City to build
community support and enhance relations with all Sister Cities.
2. Arrange cultural programs for official Sister City representatives who visit the City
as official delegations of the Sister Cities. An "official delegation" is defined as a
group of one or more individuals, which may include government officials,
residents of a Sister City, or persons affiliated with and endorsed by the Sister
City, and may include representatives of community organizations, schools or
government agencies.
3. Plan, arrange, sponsor and facilitate Sister City visitor greetings, including
welcoming and farewell meals or receptions. Costs of facilities, food, beverages
and hotel accommodations for official visitors may be selectively approved by the
City on a case-by-case basis. When expenses are incurred as a result of dining
in restaurants, CCSCC, Inc. shall provide a clearly stated, separate listing of the
individuals incurring the costs. Meal expenses shall not exceed $60 per person
per diem or the equivalent City of Culver City allowable per diem amount.
Alcoholic beverages are not an allowable expense for reimbursement. Host
families and members of CCSCC, Inc. are responsible for their own expenses,
including lodging accommodations, food and transportation costs when the event
is not considered to be open to the public. Examples of events open to the public
include picnics in public parks and receptions. CCSCC, Inc. shall make all efforts
to host all CCSCC, Inc. events and meetings within Culver City.
4. Support official CCSCC, Inc. trips to the Sister Cities. Participants on Sister City
trips do so not as at the CCSCC, Inc.'s expense. An official Culver City Sister
City delegation shall be defined as a group of individuals, which may include
local, state, and federal government officials, members of CCSCC, Inc.,
representatives of local businesses and/or community organizations,
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representatives of schools, and individuals sponsored by CCSCC, Inc. The
purpose of such official trips shall be in accordance with the goals and objectives
of the City.
5. Provide souvenirs to visiting delegations at a reasonable cost per member of an
official delegation. City protocol gifts may be available from the Office of the City
Manager.
6. Prepare exhibits at community events and functions to inform the public about
the Sister Cities and to promote CCSCC, Inc. and its goals before school and
community groups. Reimbursable expenses for such events include sponsor
fees, site rentals and booths, banners and other decorations and publicity.
Entertainment expense reimbursements will be considered by the City on a case-
by-case basis.
7. Develop, print and distribute appropriate brochures, flyers and other material to
promote CCSCC, Inc.
8. May design and maintain a website to promote the relationships with the Sister
Cities, consistent with the goals of the City.
9. Help to facilitate the sponsorship of exchange students designated by the Sister
Cities.
10.Scholarships and/or grants presented on behalf of the CCSCC, Inc. shall be
funded exclusively by the CCSCC, Inc.
11.Furnish the City with advance notice of at least thirty (30) days, when feasible, of
the arrival of official Sister City representatives, and of trips planned by CCSCC,
Inc. to a Sister City.EXHIBIT B
COMPENSATION
1. Maximum Compensation
City agrees to reimburse CCSCC, Inc. up to an amount allocated on an annual
basis, including reimbursement for eligible insurance expenses, pursuant to EXHIBIT C.
At the commencement of this agreement, the City shall advance to CCSCC, Inc. an
amount equal to 25% of the amount approved in the annual budget for this purpose. All
subsequent funds shall be disbursed on a reimbursement basis. All funding is subject
to approval by the City Council, through the budget process at the City Council's sole
discretion.
2. Statements
City shall pay all sums to CCSCC, Inc. on a reimbursement basis for eligible
costs actually incurred by and paid by CCSCC, Inc. pursuant to this Agreement, as
specified in EXHIBIT A. At the commencement of this agreement, the City shall
advance to CCSCC, Inc. an amount equal to 25% of the amount approved in the annual
budget for this purpose. No further sum shall be paid until the City receives a statement
in a form approved by the City specifying in detail the reimbursable costs incurred and
paid by CCSCC, Inc. CCSCC, Inc. shall provide City with supporting documentation
and original receipts for all reimbursable costs. After the initial advance, CCSCC, Inc.
may file for subsequent reimbursements as costs are incurred and paid. No further
reimbursements will be made during a fiscal year once the City's budgeted allocation to
CCSCC, Inc. is reached. At the conclusion of the fiscal year, CCSCC, Inc. will submit
final documentation for costs incurred and paid through June 30 th. If the amount paid by
the City to CCSCC, Inc. during the fiscal year, including the initial advance, exceeds
costs then that amount shall be offset against the next fiscal year's advance. Any
requests from CCSCC, Inc. for advance payments will be handled on a case-by-case
basis. Travel, meal and entertainment expenses incurred on behalf of CCSCC, Inc.
officers, members or volunteers are not eligible expenses for reimbursement. City shall
initiate payment to CCSCC, Inc. within thirty (30) days of City's approval of the
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3statements submitted pursuant to this Agreement. In no event shall reimbursement
exceed the amount appropriated by the City Council.
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4EXHIBIT C
INSURANCE REQUIREMENTS
1. General
CCSCC, Inc. shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damages to property which may arise
from, or in connection with, the performance of the services hereunder by CCSCC, Inc.,
its agents, representatives, employees or subcontractors.
2 Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to, and approved by
the City Manager or his/her designee. At the option of City, either:
A. The insurer shall reduce or eliminate such deductibles or self-insured
retentions with respect to the City, its officers, employees, agents and
contractors; or
B. CCSCC, Inc. shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses in an
amount specified by the City's Risk Manager.
3. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
A. Commercial General Liability Coverage
1. Insured. The City of Culver City, members of its City Council, its boards
and commissions, officers, agents, and employees are to be covered as
additional insureds. The coverage shall contain no special limitations on
the scope of protection afforded to City, members of its City Council, its
boards and commissions, officers, agents, and employees; and
2. Contribution Not Required. CCSCC, Inc.'s insurance coverage shall be
primary insurance as respects the City, its officers, employees, agents and
contractors. Any insurance or self-insurance maintained by City, its
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) 5--officers, employees, agents or contractors shall be excess of CCSCC,
Inc.'s insurance and shall not contribute with it; and
3_ Provisions Regarding the Insured's Duties after Accident or Loss. Any
failure to comply with reporting provisions of the policies by CCSCC, Inc.
shall not affect coverage provided City, its officers, employees, agents, or
contractors: and
4. Coverage. Coverage shall state that CCSCC, Inc.'s insurance shall apply
separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
2. All Coverages
Each insurance policy required by this Agreement shall be endorsed to state that
coverage shall not be suspended, voided, cancelled, or reduced in limits except after
thirty (30) days' prior written notice has been given to the City Manager.
C.Acceptability of Insurers
Insurance is to be placed with insurers with a financial rating of Bi- or better by
A.M. Best Company.
D.Verification of Coverage
CCSCC, Inc. shall furnish City with certificates of insurance and with original
endorsements affecting coverage required by this Agreement. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. Proof of insurance shall be submitted to the City
Manager.
E.Subcontractors
CCSCC, Inc. shall include all subcontractors as insureds under its policies or
shall obtain separate certificates and endorsements for each subcontractor.
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