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HomeMy WebLinkAboutR-1999-073 PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES TO DOWNTOWN AREA REDEVELOPMENT COMMITTEE.RESOLUTION NO. R-99- 7 3 A RESOLUTION authorizing the City Manager and City Clerk to execute a Professional Services Agreement with Vance Comm, AdVance Marketing, Inc., for the purpose of providing consultant services to the Downtown Area Redevelopment Committee. WHEREAS, the City of Yakima needs a qualified professional to work with the Downtown Area Redevelopment committee ("DARC") to provide services regarding the design, marketing, location and start-up of a farmers market in the downtown area of the City; and WHEREAS, Vance Corum, AdVance Marketing, Inc., has the experience and expertise necessary to provide said services and is willing to provide such services in accordance with the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with Vance Corum, AdVance Marketing, Inc., for said consulting services in accordance with the terms and conditions of the attached agreement, 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 with Vance Corum, AdVance Marketing, Inc., for the purpose of providing consulting services to the Downtown Area Redevelopment Committee. ADOPTED BY THE CITY COUNCIL this f day of May 1999. ATTEST: City Clerk (Ik)res/wame/pm -1 ohn Puccinelli, Mayor PROFESSIONAL SERVICE AGREEMENT THIS PROFESSIONAL SERVICE AGREEMENT, (hereinafter the "Agreement") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"), and Vance Corum, AdVance Marketing (hereinafter the "Consultant"). WHEREAS, the City of Yakima needs a qualified professional to work with the Downtown Area Redevelopment Committee (hereinafter "DARC") and to provide services regarding the design, marketing, location and start-up of a farmers market in the downtown area of the City; and WHEREAS, Vance Corum has the experience and expertise necessary to provide said services and is willing to provide such services in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Consultant as follows: 1. Scope of Services. The Consultant shall provide, to the best of his ability, the following services: a. Analyze site options for various impacts b. Draft initial and updated layout c. Develop potential vendor list (name, company, address, phone, fax, crops, markets) d. Conduct grower meeting with emphasis on display and sales strategy e. Conduct outreach at various markets and events f. Assist in development of manager description for publication g. Draft and final of rules and by-laws h. Make presentations to various groups to solicit support i. Help create an organization open to all community members j. Create promotion plan and event timeline with the committee/board k. Develop advertising plan for farmer and consumer outreach 1. Meet with downtown businesses to encourage cross -promotional strategy m. Perform other tasks as necessary in response to specific Yakima needs The City shall, as it determines necessary and appropriate provide the Consultant with infoirnation requested by Consultant in order to facilitate the expeditious accomplishment of services required under this Agreement. 2. Term The term of this agreement shall commence on 8 day of /44- t— , 1999 and shall terminate December 31, 1999; unless terminated sooner by either party in accordance with Section 14. 3. Consideration. The City shall pay the Consultant for services rendered hereunder at the rate of Thirty -Five Dollars ($35.00) per hour. The Consultant shall submit to the City Prof Sery Ageement—Corum Ja (5/13/99) Page 1 invoices itemizing all hours worked by date. Upon receipt of said invoice, the City shall make payment to the Consultant within thirty (30) calendar days. The Consultant shall maintain adequate time records/logs to substantiate all amounts itemized on the invoices. The total amount of compensation paid to the Consultant by the City under this agreement shall not exceed Thirteen Thousand Dollars ($13,000.00), based upon three hundred seventy-two hours (372) at a rate of Thirty -Five Dollars ($35.00) per hour. 4. Property Rights. All exhibits, data, and other work and materials prepared pursuant to this Agreement are, and shall remain, the property of the City to be used by the City as it determines appropriate. 5. Status of Consultant. Consultant and the City understand and expressly agree that Consultant is an independent contractor in the performance of each and every part of this Agreement. Consultant shall make no claim of City employment nor shall claim against the City any related employment benefits, worker's compensation benefits, social security benefits, and/or retirement benefits. Further, Consultant has no authority and shall not represent that he has authority to bind the City in any manner. 6. Taxes and Assessments. Consultant shall be solely responsible for paying all 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 this Agreement. In the event the City is assessed a tax or assessment as a result of this agreement, Consultant shall pay the same before it becomes due. 7. Nondiscrimination Provision. During the performance of this Agreement, Consultant shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. 8. Compliance with Law. Consultant agrees to perform the services required under 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 that the City does not maintain liability insurance for Consultant and/or its employees. 10. Indemnification. Consultant agrees to hold hamuless, indemnify, and defend the City, its elected officials, officers, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) resulting or allegedly resulting from Consultant's performance or non-performance of the services required under this Agreement. Prof Sery Ageement—Corum Ja (05/13/99) Page 2 11. Delegation of Professional Services. The services provided for herein shall be performed by Consultant and no person other than regular associates or employees of Consultant shall be engaged upon such work or services without prior written approval of the City. 12. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Consultant 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, the assignee shall assume all duties, obligations, and liabilities of Consultant stated herein. 13. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 14. Termination. The City or the Consultant may terminate this Agreement, with or without cause, by giving the other party ten (10) calendar days prior written notice of termination. In the event of termination, Consultant shall be compensated in accordance with Section 3 for the services provided up through the termination date. 15. 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. 16. Integration. This written document constitutes the entire agreement between the City and Consultant. There are no other oral or written Agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 17. Notices. 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: City Manager City Hall, 129 North 2nd Street Yakima, Washington 98901 (509) 575-6040 TO CONSULTANT: Vance Corum AdVance Marketing 302 East 28`i' Street, #D Vancouver, WA 98660-1953 (360) 693-5500 FAX: (360) 693-5555 Prof Sery Ageement—Corum Ja (05/13/99) Page 3 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. 18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 19. 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 CONSULTANT By --, R. A. Zaisir., City Manager DATE: City Contract No. 99-72 Resolution No. R-99-73 Prof Sery Ageement—Corum Ja (05/13/99) By: al. a„,,. J Vance Corum AdVance Marketing DATE: 5/a -V%9 Page 4 YAKIMA FARMERS' MARKET COMMITTEES Personnel To hire a manager by June 1 who will assist consultant and board in organizing market, to assure manager is comfortable and competent doing the job, and to conduct reviews at three and six months to evaluate and improve manager efficiency. Jar Arcand, Santiago's & DARC - Chair Cecilia Vogt, Yakima Greenway Foundation Rob Ritchie, Farmer Trixanna Koch, League of Women Voters Dave Myra, Kiyak Resource Conservation Dist. Bevluby Bartz, Downtown Residents Site To select a downtown location with sufficient space, visibility and parking where we can create a festive, market atmosphere and have potential for growth, to develop a contractual relationship for use of the site and to obtain an insurance policy through the Washington State Farmers' Market Association. Joe Mann, Ron's Coin & DARC — Chair Daniel Hernandez, Terra del Sol Jewelers Jerry Henderson, Westside Merchants Jerry Beach, Yakima Valley Conv & Vis Bureau Mel Lewis, Terril Lewis & Wilke Insurance Publicity To create and implement a publicity and advertising campaign to reach the entire Yakima population with an upbeat message, to conduct a grassroots outreach program involving schools, churches and other institutions, and to generate media commitment to our community market. - Scott Irons, Mother Art Design — Chair 'Jim Black, Washington State Fruit Commission Monette Dennis, Valicoff Fruit Co. Jar Arcand, Santiago's Restaurant & DARC Marty Lovins, Yakima Valley Comm. College Jerry Henderson, Westside Merchants Farmer & Artisan Outreach To contact and educate farmers, artisans, value-added companies and prepared foods vendors of the viability of our farmers' market, to prepare written materials and use meetings, phone calls, newsletters, magazine articles, farm and other organizations, and whatever other means necessary to convince 50 vendors to participate in our market. Dave Myra, Kiyak Res Conserv Dist — Chair Lynne Kittelson, NE community activist Mary Stevenson, Grandmere's Garden Don Chaplin, Cooperative Extension Rob Valicoff, Valicoff Fruit Co. Finance To develop and refine a budget, to conduct a fundraising campaign that builds community ownership of our market, and to assure financial accountability, including planning for the future. Jerry Beach, Yakima Conv & Vis Bur — Chair Kay Gempler, League of Women Voters Joe Morrier, Jr., Yakima Mall Policy To develop an organizational structure for the long-term sustainability of the market, to create rules and by-laws, and to ensure compatibility of market philosophy and practical operations. Bevluby Bartz, Downtown Residents — Chair Joe Mann, Ron's Coin & Book Kay Gempler, League of Women Voters Jim Stevenson, Grandmere's Garden 5/10/99 DRAFT by Vance Corum BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.: t 7 For Meeting of: May 18, 1999 ITEM TITLE: Consideration of a Resolution Authorizing a Professional Services Contract for the Downtown Area Redevelopment Committee SUBMITTED BY: (J'Wtfliam Cook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: Jar Arcand, Co -Chair, Downtown Area Redevelopment Committee (509) 453-1644 SUMMARY EXPLANATION: The Downtown Area Redevelopment Committee, as part of its 1999 budget, has requested the services of AdVance Marketing to provide support to the group in planning and establishing a Farmer's Market in downtown Yakima to begin in July 1999. The tasks of the consultant include, but are not limited to: The Consultant shall provide, to the best of his ability, the following services: a. Analyze site options for various impacts b. Draft initial and updated layout c. Develop potential vendor list (name, company, address, phone, fax, crops, markets) d. Conduct grower meeting with emphasis on display and sales strategy e. Conduct outreach at various markets and events f. Assist in development of manager description for publication g. Draft and final of rules and by-laws h. Make presentations to various groups to solicit support i. Help create an organization open to all community members j. Create promotion plan and event timeline with the committee/board k. Develop advertising plan for farmer and consumer outreach 1. Meet with downtown businesses to encourage cross -promotional strategy m. Perform other tasks as necessary in response to specific Yakima needs The total contract amount of $13,000 is for approximately 372 hours of work at a rate of $35 per hour. Payment will be made upon submittal of monthly invoices to the City and DARC. All assigned tasks must be completed by December 31, 1999. Attached is the Yakima Farmers' Market Committee structure. The selection of the consultant was confirmed by a unanimous vote at the April meeting of DARC. Resolution X Ordinance Contract Other Specify Funding Source: 161 — PBIA Fund APPROVAL FOR SUBMITTAL: ity Manager STAFF RECOMMENDATION: Staff recommends approval of the resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: