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HomeMy WebLinkAboutYakima County Development Association- Public Sector Service Agreement for Economic ProgramsYAKIMA COUNTY DEVELOPMENT ASSOCIATION PUBLIC SECTOR SERVICE AGREEMENT FOR ECONOMIC DEVELOPMENT PROGRAMS AGREEMENT PERIOD: January 1, 2025 to December 31, 2026 THIS AGREEMENT is entered into by the City of Yakima and the Yakima County Development Association ("YCDA"), a Washington non-profit corporation. WHEREAS, YCDA is a Washington private non-profit corporation representing a coalition of business, government, labor, and education leadership dedicated to planning, developing, and implementing community economic development programs; and WHEREAS, economic development programs are coordinated public and private actions which aid in enhancing Yakima County's business environment and livability by planning and building local economic capacity such as: an effective education and training system; sound transportation and physical infrastructure; attractive diverse private and public investments; and competitive and skilled work force; and WHEREAS, YCDA staff possesses valuable skill, experience and expertise in community economic development; and WHEREAS, YCDA has been involved in many significant investment decisions in the Yakima area and Yakima County; and WHEREAS, The City of Yakima wishes to utilize the skill, experience, and expertise of YCDA to augment and amplify economic development in the City; and WHEREAS, The City of Yakima wishes to exercise authority granted under RCW 35.21.703 with YCDA to provide economic development programs to The City of Yakima; and WHEREAS, The City of Yakima desires to have certain services performed by YCDA as described within this Agreement; THEREFORE, in consideration of payment, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually covenant and agree to the following: I. SCOPE OF SERVICES YCDA shall maintain a professional staff to carry out an economic development program in Yakima County. During the term of this Agreement, YCDA will dedicate its best efforts to carry out such program. The economic development program shall consist of the 2024- 2028 Strategic Plan drafted by the YCDA Board of Directors. As additional consideration, and in furtherance of its general mission of economic development in Yakima County, YCDA shall dedicate its professional and support staff to specific objectives from 2025 through 2026: A. Specific to the future development of the Mill Site, YCDA shall a. Act as a convenor of the parties needed to move forward on future development. Meetings will be held at regular intervals. b. Work towards the development of a Memorandum of Understanding (MOU) between the City of Yakima and the current landowners. The MOU shall provide a path for City of Yakima and the landowners to enter into a Development Agreement. B. Conduct yearly visits with Yakima -based businesses as part of YCDA's outreach activities. Provide appropriate follow-up assistance to local businesses based on needs identified during the outreach. Priority is given to the top twenty private sector employers in the City of Yakima. Include City of Yakima staff in these meetings as appropriate and available. C. Work cooperatively with developers, realtors, landowners, and other parties within the City of Yakima to maintain up-to-date information about sites and facilities that can meet the needs of new or existing businesses. D. Work with the City of Yakima and landowners on identifying properties within the City of Yakima that could be used for an industrial or commercial land use and have this land use reflected in the City of Yakima's Comprehensive Plan. E. Advise the City of Yakima regarding public service planning for Tight and heavy industrial areas, including comments on streets, water, sewer, and other public facilities to support commercial and industrial development in the City of Yakima. F. In cooperation with the City of Yakima, identify opportunities to fill the vacant Del Monte facility. This would include general marketing, identification of leads, outreach to those leads. G. Assist and support the City of Yakima and the Yakima Airport in the development of a strategic plan to increase air cargo, aviation related maintenance facilities, and commercial air service. H. Market the City of Yakima and Yakima County as a location for targeted new business investment. Maintain accurate information about the City of Yakima's costs and opportunities as they relate to new business development. Maintain confidentiality for business clients evaluating sites or facilities within the region. 1. Provide the City of Yakima with a yearly report on the status of local businesses, providing insights on their overall health and feedback on local business climate issues. J. Support the City of Yakima's efforts to prepare industrial sites and facilities through applications to local, state, or federal infrastructure funding programs. K. Partner with South Central Workforce, K-12, Higher Education, and other workforce development organizations to create and deliver workforce development programs that meet the needs of local employers. L. Provide business development training and resources to Yakima County start- ups, microenterprises, and small businesses so they can grow in the County. 2 11. DURATION OF AGREEMENT This Agreement shall be effective retroactively to January 1, 2025 and shall terminate on December 31, 2026.At the City's sole discretion it may be renewed for additional one-year terms upon written notice submitted by the City to the YCDA by December 31st of each year until final expiration on December 31, 2028, subject to performance review, additional scope and evaluation conducted by the City of Yakima during the yearly budget review process. III. COMPENSATION, METHOD OF PAYMENT, RECITYING YCDA shall receive payment for services as specified in this Agreement in the total amount of Twenty -Five Thousand Dollars ($25,000) per year. YCDA shall invoice the City of Yakima at the end of March for each calendar year this agreement is in effect. At its discretion, the City of Yakima may acquire additional and specific professional economic development services from YCDA for a mutually agreed upon fee which shall be executed as a written amendment to this Agreement. YCDA shall provide an annual report of its activities for each calendar year. Such report shall contain a description of accomplishments under the applicable scope of the services provision of the Agreement. IV. INTERNAL CONTROL AND ACCOUNTING SYSTEM YCDA shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and government accounting and financial report standards. V. ESTABLISHMENT AND MAINTENANCE OF RECORDS YCDA shall maintain accounts and records, including personnel, property, financial, and program records, and such other records related to the services performed under this Agreement (collectively, "project records"), to ensure proper accounting for all project funds and compliance with this Agreement. YCDA shall retain project records in compliance with the Washington Secretary of State's Local Government Common Records Retention Schedule as presently in effect or as may be amended by the State. YCDA shall make project records available to the City within 48 hours of any request. YCDA acknowledges that the City may request project records for the purpose of complying with the Public Records Act by releasing records to a requestor. It shall be YCDA's duty to seek a court order enjoining the release of any records to which YCDA objects having the City release. The City shall not be liable to YCDA for any records that the City releases in compliance with the law. 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 of Yakima and/or fed- eral/state officials so authorized, including but not limited to, the Washington State Examiner. B. YCDA shall have its annual financial statement compiled by an independent certified public accountant. One copy of any such compilation or review performed by an independent certified public accountant shall be provided to the City of Yakima upon request. C. YCDA shall provide access of facilities to the City of Yakima, the state and/or federal agencies or officials at reasonable times to monitor and evaluate the services pro- vided under the Agreement. the City of Yakima will give advance notice to YCDA in the case of fiscal audits to be conducted by the City of Yakima. VII. REVIEW AND EVALUATION YCDA agrees to cooperate with the City of Yakima or its agent in the City of Yakima's annual review and evaluation of YCDA'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 either party providing the other party thirty (30) days written notice 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 A. At all times during performance under this Agreement, YCDA shall secure and maintain in effect insurance to protect the City and YCDA from all claims, damages, losses, and expenses arising out of the performance of this Agreement. YCDA shall provide and maintain insurance in force in limits no less than that stated below. All insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Agreement. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the YCDA's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by YCDA's insurance. B. YCDA shall provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein prior to City's execution of the Agreement. YCDA must also include a copy of an additional insured endorsement naming the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds with the certificate. This Certificate of insurance and additional insured endorsement shall be provided to the City prior to commencement of work. A certificate of insurance that does not include an additional insured endorsement shall not be acceptable. The certificate of insurance shall include a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. C. Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of YCDA's obligation to maintain such insurance. If YCDA carries higher coverage limits than those outlined below, such limits shall be shown on the Certificate of Insurance and Endorsements. The certificate shall 4 clearly state who the provider is, the coverage amount, 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 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. The requirements contained herein, as well as City's review or acceptance of insurance maintained by YCDA is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by YCDA under this contract. D. The following insurance is required: Commercial Liability Insurance Minimum liability limit of $2,000,000 per occurrence, combined single limit bodily injury and property damage, and $2,000,000 general aggregate. Automobile Liability Insurance Minimum liability limit of $2,000,000 per occurrence. The commercial auto liability shall include Hired and Non -Owned coverage. Employer's Liability (Stop Gap) Minimum limit of no less than $1,000,000. YCDA is responsible for ensuring subcontractors(s) have insurance as needed. Failure of subcontractors(s) to comply with insurance requirements does not limit YCDA's liability or responsibility. Professional Liability Minimum liability limit of $2,000,000 per claim, $2,000,000.00 aggregate. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this contract. If insurance is on a claims made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Agreement. E. If at any time during the life of the Agreement, or any extension, YCDA fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Agreement. F. YCDA shall defend, indemnify, and hold the City of Yakima, its officers, employees, agents, and volunteers harmless from all liability arising out of the performance of this Agreement. This obligation shall survive termination of the Agreement. X. NONDISCRIMINATION During the performance of this Agreement, YCDA 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 YCDA covenants that no officer, employee, or agent of the City of Yakima 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 in connection with the planning and implementation of the program 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 executive director of YCDA, P.O. Box 1387, Yakima, WA, 98907, or City Manager of the City of Yakima, 129 N 2nd Street, Yakima, WA 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. 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. XIV. PROHIBITED ACTS YCDA 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 and YCDA shall repay to the City of Yakima any funds transferred in violation of this section. XV. WHOLE AGREEMENT This Agreement constitutes the entire agreement between the parties. XVI. ASSIGNMENT YCDA shall not assign any of its duties under this Agreement without the prior written consent of the City of Yakima. XVII. SEVERABILITY In the event any portion of this Agreement is found to be invalid, it is the intent of the parties to enforce the remainder of the Agreement. XVIII. WAIVER A waiver by either party of a breach by the other party of any condition of this Agreement shall not impair the right of the party not in default to assert any subsequent breach. 6 XIV. LAW AND VENUE The Agreement shall be governed by the laws of the State of Washington. Venue for any action arising out of this Agreement shall lie in Superior Court in Yakima County. CITY OF YAKIMA Name � m Title Date CITY CITY CONTRACT NO` RESOLUTION NO: ATTEST YAKIMA COUNTY DEVELOPMENT ASSOCIATION Signature 0.‘6 u fk Name E)<ECOTIVCF PteFc cog Title z/aa/aa as Date 7