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HomeMy WebLinkAboutR-1996-035 Chamber of CommerceRESOLUTION NO. R-96-__35 A RESOLUTION authorizing execution of a Professional Services Agreement with the Greater Yakima Chamber of Commerce, Inc. WHEREAS, the City Council desires to foster community development and citizen participation in the operation of City government; and WHEREAS, the Greater Yakima Chamber of Commerce has expertise in community development projects and citizen participation in local government; and WHEREAS, the City and the Chamber desire to contract for the performance of the aforementioned services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated "Professional Services Agreement for 1996" between the City and the Greater Yakima Chamber of Commerce, Inc. ADOPTED BY THE CITY COUNCIL this -day of M a r (-11 ,1996. ATTEST: City Clerk Mayor lap\contracts (& resolutions)\outside agencies\chamber of commerce\Chamber Commerce -res 3/13/96 2:51 PM GREATER YAKIMA CHAMBER OF COMMERCE, INC. PUBLIC SECTOR PROFESSIONAL SERVICES AGREEMENT WITH THE CITY OF YAKIMA, WASHINGTON CONTRACT PERIOD: January 1, 1996 to December 31, 1996 THIS AGREEMENT is entered into by CITY OF YAK MA ("the City"), a Washington municipal corporation, and the GREATER YAKIMA CHAMBER OF COMMERCE, INC. (the "Chamber") a Washington non-profit corporation. WHEREAS, the City Council of the City of Yakima desires to foster community economic development, citizen participation in the operation of city government, and the quality of life in Yakima; and WHEREAS, the City does not have enough employees with the time and expertise to plan and implement beneficial community economic development projects, and the City wishes to utilize the skill, experience, and expertise of the Chamber rather than attempting to perform the same services at greater expense; and WHEREAS, the Greater Yakima Chamber of Commerce staff possesses valuable skill, experience and expertise in the development of programs to enhance community economic development, citizen participation in the operation of city government, and the quality of life in Yakima; and WHEREAS, the City desires to engage the Chamber to develop programs to enhance community economic development, citizen participation in the operation of City government, and the quality of life in Yakima, as described within this agreement; and WHEREAS, the City wishes to exercise authority granted under RCW 35.21.703 by contracting with the Chamber to foster community economic development; and WHEREAS, the Chamber is willing to make its professional staff specifically available to develop programs to enhance community economic development, citizen participation in the operation of City government, and the quality of life in Yakima; NOW THEREFORE, in consideration of these premises and of the mutual covenants herein contained, the parties agree to the following: I. SCOPE OF SERVICES The Chamber shall maintain a professional staff and shall provide professional services to the City and shall dedicate its best efforts for the express purpose of fostering community economic development, citizen participation in the lap\contracts (& resolutions)\outside agencies\chamber of commerce\Chamber Commerce -K 3/13/96 2:44 PM PROFESSIONAL SERVICES AGREEMENT FOR 1996 GREATER YAKIMA CHAMBER OF COMMERCE Page 1 operation of City government, and the quality of life in Yakima. The Chamber's efforts under this agreement shall conform to all applicable federal, state, and local laws and to all standards of professional skill, competence, and care in the community economic development profession. The Chamber shall use its best efforts and devote all necessary personnel to the projects undertaken on behalf of the City. The Chamber's services to the City shall include, but not be limited to, planning and full implementation of: a) The "Initiatives 2000" program as described in the Chamber's supplemental budget request as it appears on pages 118 through 120 of the City's 1996 Policy Issues/Preliminary Budget document and the Chamber's Initiatives 2000 brochure which was submitted with the Chamber's supplemental budget request, both of which documents are incorporated by reference and constitute terms of this agreement as if set forth in full; b) The "Leadership Yakima Program" which shall provide a minimum of twenty (20) participants for 1996 who have sufficient exposure to Yakima community affairs to make them desirable as appointees to City boards and commissions; c) The "Clean Up, Green Up Campaign". which shall encourage and promote the health and welfare of Yakima through refuse removal. II. DURATION OF CONTRACT This agreement shall commence on January 1, 1996 and shall terminate on December 31, 1996, but may be renewed according to performance review and evaluation conducted by the City Council during the yearly budget review process. The Chamber agrees to make whatever time investments are required for the full completion of projects and programs to foster community economic development, citizen participation in the operation of city government, and the quality of life in Yakima as contemplated by this agreement. III. COMPENSATION, METHOD OF PAYMENT, REPORTING The Chamber shall receive payment for services as specified in this agreement in the total amount of Ten Thousand Dollars ($10,000), which amount shall be paid to the Chamber in two equal installments of Five Thousand Dollars ($5,000). Each installment shall be payable 30 days after submittal by the Chamber of a satisfactory semi-annual report describing the Chamber's performance of the services which are the subject of this agreement. Each semi-annual report shall specifically detail community economic development inquiries received by the Chamber, and actions taken by the Chamber to foster community economic development, citizen participation in the operation of city government, and the quality of life in Yakima, and the results of those actions. The first semi-annual report shall be due April 1, 1996. The second semi-annual report shall be due October 1, 1996. lap\contracts (& resolutions)\outside agencies\chamber of commerce\Chamber Commerce -K 3/13/96 2:44 PM PROFESSIONAL SERVICES AGREEMENT FOR 1996 GREATER YAKIMA CHAMBER OF COMMERCE Page 2 IV. ESTABLISHMENT AND MAINTENANCE OF RECORDS The Chamber shall maintain accounts and records, including personnel, property, financial, and program records, and such other records as the City may deem necessary, to ensure proper accounting for all project funds and compliance with this agreement. V. INTERNAL CONTROL AND ACCOUNTING SYSTEM The Chamber shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and government accounting and financial reporting standards. VI. AUDITS AND INSPECTIONS A. Records and documents pertaining to all matters covered by this agreement shall be subject at all times to inspections, review, or audit by the City and/or duly authorized federal/state officials, including but not limited to, the Washington State Examiner. B. The Chamber shall have its annual financial statement audited by an independent certified public accountant. One copy of such audit shall be provided to the City. C. The Chamber shall provide access of facilities to the City, the state and/or federal agencies or officials at reasonable times to monitor and evaluate the services provided under the agreement. The City will give advance notice to the Chamber in the case of fiscal audits to be conducted by the City. VII. REVIEW AND EVALUATION The Chamber agrees to cooperate with the City or its agent in the City's annual review and evaluation of the Chamber's performance under this agreement and to make available all information reasonably required by any such evaluation process. VIII. TERMINATION This agreement may be terminated without cause prior to the date specified above in Section II, by written notice from either party to the other thirty (30) days in advance of the termination. In the event of termination, the amount of compensation shall be prorated monthly to the nearest full month of service. IX. INSURANCE AND INDEMNIFICATION The Chamber shall procure and maintain at its own expense for the duration of this agreement insurance against injury to persons or damage to property or lap\contracts (& resolutions)\outside agencies\chamber of commerce\Chamber Commerce -K 3/13/96 2:44 PM PROFESSIONAL SERVICES AGREEMENT FOR 1996 GREATER YAIUMA CHAMBER OF COMMERCE Page 3 rights which may arise from, or in connection with the performance of work hereunder by the Chamber, its officers, agents, representatives, or employees. The Chamber shall defend, indemnify, and hold the City of Yakima, and its officers employees, and agents, harmless from any and all liability arising out of acts or omissions of the Chamber during the performance of this agreement. X. NONDISCRIMINATION During the performance of this agreement, the Chamber shall not discriminate on the basis of race, color, sex, religion, nationality, creed, sexual orientation, marital status, age, or the presence of any sensory, mental or physical handicap in employment or application for employment or in the administration or delivery of services or any other benefits under this agreement. XI. CONFLICT OF INTEREST The Chamber covenants that no officer, employee or agent of the Chamber who exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein, or any other person who presently exercises any functions or responsibilities on behalf of the Chamber in connection with the planning and implementation of the programs funded herein shall have any personal financial interest, direct or indirect, in this agreement. None of the funds, materials, property or services provided directly or indirectly under this agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XII. NOTICES Whenever this agreement provides for notice to be provided by one party or another, such notices shall be in writing and directed to the chief executive officer of the Greater Yakima Chamber of Commerce, Inc. P.O. Box 1490, Yakima, WA, 98907-1490, or the manager for the City, c/o City Manager, City Hall, Yakima, Washington, 98901. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XIII. WHOLE AGREEMENT This agreement constitutes the whole and entire agreement between the parties. XIV. CHANGES Either party may request changes to this agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this agreement. No changes or additions to this Agreement shall be valid or binding lap\contracts (& resolutions)\outside agencies\chamber of commerce\Chamber Commerce -K 3/13/96 2:44 PM PROFESSIONAL SERVICES AGREEMENT FOR 1996 GREATER YAKIMA CHAMBER OF COMMERCE Page 4 upon either party unless such change or addition be in writing and executed by both parties. XV. PROHIBITED ACTS The Chamber shall use all consideration provided under this agreement solely to pay for labor, equipment, materials, and overhead in its operations. It shall not use such consideration as loans, grants, or gifts to public or private entities for any purpose whatsoever nor shall such consideration be used for the purpose of promotional hosting. Violation of the provision of this section shall be cause of immediate termination of this agreement, notwithstanding any other provision contained herein, and the Chamber shall repay to the City any funds transferred in violation of this section. XVI. ASSIGNMENT The Chamber shall not assign any of its duties under this agreement without the prior written consent of the City. XVII. SEVERABILITY In the event any portion of this agreement is found to be invalid, the parties intend to enforce the remainder of the agreement. GREATER YAKIMA CITY OF YAKIMA CHAMBER OF COMMERCE, INC. Signature Signature R.A. Zais, Jr. Name Name City Manager Title April 8, 1996 Title Date Date ATTEST City Clerk City Contract No.: 9( - lap\contracts (& resolutions)\outside agencies\chamber of commerce\Chamber Commerce -K 3/13/96 2.44 PM PROFESSIONAL SERVICES AGREEMENT FOR 1996 GREATER YAKIMA CHAMBER OF COMMERCE Page 5 Presentation to Greater Yakima Chamber of Commerce Monday, March 18, 1996 The 20 Year Plan for State Highways Maintenance $ 2.55 billion TSM 0.61 Preservation 4.00 Safety 2.00 Economic Initiatives 1.49 Environmental Retrofit 0.79 Mobility 15.52 TOTAL $26.96 billion Making Trade -Offs for State Highways (Billions of 1993 Dollars) Existing Revenues Historical Revenue Increases Fully Funded Plan $0.0 $9.9 20 -Year Revenues 20 -Year Costs $18.1 $27.0 ■ Maintenance ($2.55 Bil) TSM ($0.61 Bil) Preservation ($4.00 Bil) Environ- mental Retrofit ($0.79 Bil) Safety ($2.00 Bil) Initiatives ($1.52 Bil) Core HOV Lanes ($2.11 Bil) Economic WSDOT Financial Planning: WH, 1/31/96 Mobility ($13.42 Bil) Consumption (millions of gallons) 5,000 - 4,000 3,000 2,000 1,000 0 Fuel Consumption vs. Vehicle Miles Traveled - 70 - 60 - 50 - 40 - 30 - 20 - 10 1 1 1 1 1 1 1 1 1 1 1 co ▪ co co I. N.. N. N. T 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 a) T co inr.,a) T co in r-- co1- CO 10 I- co co CO co co d) a) 0) a) a) O 0 O Fiscal Year Fuel Consumption Vehicle Miles Traveled WSDOT FASC: WH, 3/14/96, 11:13 AM 0 Vehicle Miles Traveled (billions) 750 - 700 _ 650 _ 600 _ 550 - 500 _ 450 _ 400 - 350 - 300 _ 250 _ 200 - State Motor Fuel Tax vs. Inflation & Growth 73.90 '1Inflation-adjusted 40.90 Motor Fuel Tax rate —o—Motor Fuel Tax rate adjusted by an 1-601 fiscal growth factor from 1969 to present 150 - 13.50 160 100 _11¢ 120 120 Historic State Motor Fuel Tax 90 50 - 00 '69 '71 '72 '75 '77 '79 '81 '83 '85 '87 '89 '91 '93 '95 '97 '99 '01 Calendar Year 180 F2-210 230 Rehabilitating Pavements $200,000 '="4 $150,000 IV c4 $100,000 $50,000 EA $0 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Age to Rehabilitation 1 Overlay Cost css, Repair Cost 1 Overhead Cos t State: 47.6% (10.950) Total: 230 per Gallon of Fuel Gasoline Tax Revenue Distribution in Cents Per Gallon Cities: 10.7% (2.460) Ferries: 4.7% (1.090) Counties: 21.2% (4.870) Rural Arterial Program: 2.5% (0.580) Transportation Improvement Board: 13.2% (3.040) 1995-97 MVET Revenue Distribution Total: $1,390.7 Million State General Fund 23.3% ($323.9 M) Counties 9.6% ($133.0 M Administrative Costs 1.5% ($20.2 M) Transit Districts 24.8% ($345.4 M) Cities 11.8% ($164.6 M) Ferries 11.1% ($155.0 M) HOV/Rail/Transit Projects 2.4% ($32.9 M) Transportation Fund 15.5% ($215.7M) Presentation to the Greater Yakima Chamber of Commerce Senator Brad Owen, Chair, Senate Transportation Committee Representative Mary Skinner, House Transportation Committee March 18, 1996 Flood Damage Roadways and Bridges --Statewide Preliminary Estimates State highways Local roads eligible for Federal Highway Administration (FHWA) Emergency Relief Funding Local roads eligible for Federal Emergency Management Agency (FEMA) Funding (roads off federal -aid highway system) TOTAL $ 34 million $ 27 million $ 41 million $102 million Flood Damage Roadways and Bridges --Yakima County Preliminary Estimates State highways Local roads eligible for Federal Highway Administration (FHWA) Emergency Relief Funding Local roads eligible for Federal Emergency Management Administration (FEMA) Funding TOTAL $ 6.9 million $ 1.4 million $ 2.0 million $10.3 million Flood Damage 1996 Supplemental Transportation Budget (State) Department of Transportation $5.0 million provided for state highways and bridges only (state match) $1.5 million provided for damaged rail lines (first priority) or state highways and bridges -- Highway and bridge funding used to match FHWA Emergency Relief (13.5% state match) Federal funding for rail damage is uncertain DOT also has authority to use $6.7 million of emergency bonds, if necessary Transportation Improvement Board (TIB) and County Road Administration Board (CRAB) Provided additional funding for TIB and CRAB grant programs Directed TIB and CRAB to use grant program funds to assist cities and counties in providing match for FHWA and FEMA emergency funding TIB funds urban projects and CRAB funds rural projects Stampede Pass and Milwaukee Road Rail Lines Burlington Northern is considering reopening the Stampede Pass and Milwaukee Road rail lines to improve cross -state freight transportation Stampede Pass Rail Line Rail service over Stampede Pass was discontinued in 1981 A third rail line through the Cascades would meet increased demand for cross -state freight rail -- The two existing lines have limited expansion options In 1991, the Legislature appropriated funding to purchase the line if BN decided to abandon it - - BN did not choose to abandon the line BN is now planning to reopen Stampede Pass - - May be opened as soon as January 1997 Reopening this line will improve freight rail service to the Yakima Valley Stampede Pass and Milwaukee Road Rail Lines Milwaukee Road Rail Line Extends from Ellensburg to Lind Currently used as a pedestrian and bicycle trail -- Is a segment of the cross -state trail which is now being developed -- Owned by the State Parks and Recreation Commission Converting the corridor to freight rail would allow intermodal freight trains running over Stampede Pass to better serve markets in Eastern Washington and other states Engrossed Substitute House Bill 2832 authorizes the state to use the corridor for freight rail service -- Funding would be provided to purchase and develop land to replace the current trail Through service via the Milwaukee Road line will reduce the number of trains passing through Yakima