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HomeMy WebLinkAboutR-2001-094 Professional services agreement with the Chamber of Commerce for a study called “For a Better Tomorrow”RESOLUTION NO. R-200194 A 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 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 by funding a new community strategic planning initiative ("For a Better Tomorrow") in accordance with the terms and conditions of this Agreement, as described within this agreement; 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 day of June, 2001. ATTEST: City Clerk (1k)res/chamber of -commerce may 01 -pm a lace, Mayor 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 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 by funding a new community strategic planning initiative ("For a Better Tomorrow") 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 by establishing, developing and carrying out during the next five (5) years a new community strategic planning initiative entitled "For a Better Tomorrow." Specifically, the Chamber shall do the following steps to establish and develop said initiative during the year 2001: a. Conduct focus groups and develop a "Vision Task Force" of approximately 200 persons Page - 1 of 5 (110agr-chamber of commerce better tomorrow may 01 -pm b. Establish benchmarks of key social and economic indicators (including but not limited to poverty, population, education) to be used to compare Yakima with fifty (50) other U.S. cities. c. Conduct two (2) public stakeholder summits to be filmed by YCTV. d. Establish strategies and action steps for Yakima in six different "foundation" areas (education, government, quality of life, infrastructure, economic development, and private sector leadership). e. Assign tasks to accomplish identified action steps. f. Develop a participant contact list (including areas of interest for future community project participation) and share list with participating public, private and non-profit sponsors. Document partnership "alliances" for future reference and community action. g. The first annual report shall be prepared for publication by the Yakima Herald Republic in December 2002. By October 1, 2001, and each October 1st thereafter over the life of the contract, the Chamber shall provide the City with a written description of proposed services and tasks to be performed to develop and carry out the initiative during the following year. By November 1, 2001 and each November 1st thereafter over the life of the contract, the Chamber shall provide the City with a written report describing accomplishments for each of the agreed to performance measures of the current contract year. 2. DURATION OF CONTRACT. This Agreement shall commence upon execution hereof by the parties and shall terminate on midnight, December 31, 2005, unless terminated sooner by either party in accordance with Section 16 of this Agreement. 3. COMPENSATION, METHOD OF PAYMENT, REPORTING. In consideration of performance of the services and tasks described in Section 1 of this Agreement, the Chamber shall receive payment from the City in a total amount of Seventeen Thousand Nine Hundred and Sixty One Dollars and Twenty Five Cents ($17,961.25), which amount shall be paid to the Chamber on or by June 29, 2001. For services and tasks to be performed in subsequent contract years, the Chamber shall receive from the City an annual payment of Five Thousand Three Hundred and Eighty Eight Dollars and Thirty Seven Cents ($5,388.37) by the end of the first quarter of the contract year. 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. All such records and documents shall be retained by the Chamber and be available for inspection, audit and copying by the City during the term of this Agreement and for a period of three (3) years following the termination of this Agreement. Page - 2 of 5 PAhv-chamber or «mme«r bettor tomorrow may 04pn. 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. The City will give advance notice to the Chamber in the event an inspection of records is required. c. 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, its officers, elected officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from the Chamber's performance or non-performance of the services, duties and obligations required of it under 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, Page - 3 of 5 (Ik)agr-chamber of commerce better tomorrow may 01 -pm 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. 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. MODIFICATIONS. Either party may request modifications to this Agreement but no proposed modifications to this Agreement shall be valid or binding upon either party unless such modification is 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. Page - 4 of 5 (]k)agochamber of commerce better tomorrow may Ol-pm 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 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. 19. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 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. CITY OF YAKIMA A. ZAIS, J City Manager Date: t.(-) ( b t ATTEST Pot GREATER YAKIMA CHAMBER OF COMMERCE, INC. Date: /4-1/o / City Contract No.: 2001-61 Resolution No.: R-2001-94 Page - 5 of 5 PkPcr-chamber or commerce better tomorrow may OI -p GARY WASTER President, CEO Date: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of June 5 2001 ITEM TITLE: Consideration of Contract with Yakima Chamber of Commerce regarding Economic Development funding for New Community Strategic Planning Initiative—"For a Better Tomorrow" SUBMITTED BY: 'WIlliam Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE: William Cook, (575-6113) SUMMARY EXPLANATION: For almost nine months, the Chamber of Commerce has been leading a discussion about developing a new Strategic Action Plan —"For a Better Tomorrow" for the upper valley. The Leadership Forum made up of public and private sector leaders has completed their research with a recommendation that a partnership of public, non-profit and private sector participation and support be focused on a community strategic planning initiative Representatives of the Leadership Forum made a presentation to Council on the "Initiative" at your April 17, 2001 meeting. At that meeting, Council directed staff to bring back a contract with the Chamber of Commerce for Council approval. The attached contract between the City and the Chamber is a five-year performance based contract subject to annual budget approval. The total cost to the City over the five-year period would be $44,903.10. The City's FY 2001 participation in the project would be $17,961.25. These funds are available from an appropriated but unallocated balance in the Economic Development Fund from funds budgeted in FY 2001 for match dollars on economic development initiatives. The source of these funds was State backfill dollars received in FY2000. Resolution X Ordinance Other (Specify) Contract Mail to (name and address): Phone: Funding Source Economic Development (123) APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve the attached resolution BOARD/COMMISSION RECOMMENDATION: The Council Economic Development committee met on April 11, 2001, and recommended approval of this proposal. COUNCIL ACTION: Resolution adopted. RESOLUTION NO_ R-2001-94