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HomeMy WebLinkAboutR-2001-031 Greater Yakima Chamber of Commerce AgreementRESOLUTION NO. R-2001-.31 RESOLUTION authorizing the City Manager of the City of Yakima to execute a professional services agreement with the Greater Yakima Chamber of Commerce, Inc. for the purpose of fostering community development and citizen participation in City government. 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 improvement of 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 improvement of 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 City Council deems it to be in the best interest of the City of Yakima to enter into an agreement with the Greater Yakima Chamber of Commerce, Inc. 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 of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Public Sector Professional Services Agreement" between the City and the Greater Yakima Chamber of Commerce, Inc. The final agreement shall be approved as to form by the City Attorney. ADOPTED BY THE CITY COUNCIL this 20th day of February, 2001. ATTEST: City Clerk Ok)res/chamber of comm01-pm GREATER YAKIMA CHAMBER OF COMMERCE, INC. PUBLIC SECTOR PROFESSIONAL SERVICES AGREEMENT WITH THE CITY OF YAKIMA, WASHINGTON THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into by and between the CITY OF YAKIMA (hereinafter the "City"), a Washington municipal corporation, and the GREATER YAKIMA CHAMBER OF COMMERCE, INC. (hereinafter 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 improvement of 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 wishes to exercise authority granted under RCW 35.21.703 by contracting with the Chamber to foster community economic development; 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 improvement of the quality of life in Yakima in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of these premises and of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and the Chamber as follows: 1. 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 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: Page - 1 of 5 (Ik)agr-chamber of commerce -01 -pm a. The "Initiatives 2001" program as described in the Chamber's Initiatives 2001 brochure, which document is incorporated herein by this reference; b. The "L.eadership Yakima Progra;n" which shall provide a minimµm of twen � (20) participants for 2001 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. 2. DURATION OF CONTRACT. This Agreement shall commence and be retroactive to January 1, 2001, and shall terminate on midnight, December 31, 2001, unless terminated sooner in accordance with Section 16 of this Agreement. 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. 3. COMPENSATION, METHOD OF PAYMENT, REPORTING. The Chamber shall receive payment for services as specified in this Agreement in the total amount of Five Thousand Nine Hundred Dollars ($5,900.00), which amount shall be paid to the Chamber in two equal installments of Two Thousand Nine Hundred and Fifty Dollars ($2,950.00). 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 with the signature and return of this contract by the Chamber. The second semi- annual report shall be due October 1, 2001. 4. 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, including a system of internal controls and accounting systems which conform to generally accepted accounting principles and auditing standards. This is to ensure proper accounting for all funds provided under this Agreement. 5. AUDITS AND INSPECTIONS. a. 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 this Agreement. The City will give advance notice to the Chamber in the case of fiscal audits, pertaining to the services provided under this Agreement, to be conducted by the City. b. Records and documents pertaining to services provided under this Agreement shall be subject at all reasonable 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. Page - 2 of 5 Qk)agr-chamber of commerce -01 -pm The City will give advance notice to the Chamber in the event an inspection of records is required. r. If the Chamber should have its annual financial statement audited by an independent certified public accountant during the period of this Agreement, one copy of such audit shall be provided to the City. 6. 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. 7. INSURANCE. On or before the effective date of this Agreement, the Chamber shall provide the City with a certificate of insurance as proof of liability insurance in the amount of One Million Dollars ($1,000,000.00) that clearly states 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 elected officials, officers, agents, and employees as additional insureds, and shall 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 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. 8. INDEMNIFICATION. The Chamber shall defend, indemnify, and hold harmless the City of Yakima, and its elected officials, officers, employees, and agents from any and all liability arising out of acts or omissions of the Chamber during the performance of this Agreement. 9. NONDISCRIMINATION. During the performance of this Agreement, the Chamber 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 employment training, or in the administration or delivery of services or any other benefits under this Agreement. 10. 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. Page - 3 of 5 Qk)agr-chamber of commerce -01 -pm 11. INTEGRATION. 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. 12. CHANGES. Either party may request changes to this Agreement but no proposed 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. 13. ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned or transferred in whole or in part by the Chamber 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 the Chamber stated herein. 14. NON -WAIVER. The waiver of either the City or the Chamber of the breach of any provision of this Agreement by the other party shall not operate and/or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing such provision. 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. TERMINATION. This Agreement may be terminated, with or without cause, prior to the date specified above in Section 2, 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. 17. 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. 18. NOTICES. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY: TO CHAMBER: R. A. Zais, Jr. City Manager 128 N. 2nd St. Yakima, WA 98901 Gary Webster, President/CEO P.O. Box 1490 10 North 9th Street Yakima, WA 98907 19. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Page - 4 of 5 Ok)agr-chamber of commerce -01 -pm 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. DATED this 20th day of February, 2001. CITY OF YAKIMA GREATER YAKIMA CHAMBER OF COMMERCE, INC. R. A. ZAIS, JR. City Manager J Date: / ATTEST A0/\16- Ci Clerk — Date: "1. City Contract No.: 2001-15 Resolution No.: R-2001-31 Page - 5 of 5 (1k)ar-c-harnber commerce -01 -pm President, CEO Date: 9/ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. " /°6 For Meeting Of: 2/20/01 ITEM TITLE: A Resolution authorizing execution of an agreement with the Greater Yakima Chamber of Commerce SUBMITTED BY: Finance and Budget Department Legal Department rr , CONTACT PERSON/TELEPHONE: Cindy Epperson, A6eb�unting Manager/575-6070 Paul McMurray, Legal Department/575-6030 SUMMARY EXPLANATION: As part of the 2001 Budget process, the City Council provided budget authority for continuation of the City's relationship with the Greater Yakima Chamber of Commerce. The attached resolution and contract formalize the agreement for 2001, and details the terms and conditions the agency must provide to receive compensation under the contract. As described in the attached contract, the Chamber is committing to "dedicate its best efforts for the express purpose of fostering community economic development, citizen participation in the operation of City government, and the quality of life in Yakima." The 2001 budget includes $5,900 to support the Chamber's Initiatives 2001, Leadership Yakima, and Clean Up -Green Up programs. Resolution X Ordinance _ Other (Specify) Contract X Mail to (name and address):Gary Webster, P.O. Box 1490, 10 N. 91h St., Yakima, WA 98907 Funding Source: Intergovernmental Section of General Fund Budget APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-31