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HomeMy WebLinkAboutR-2017-038 Craft Beverage Tourism Promotion Agreement with Craft Beverage YakimaA RESOLUTION RESOLUTION NO. R-2017-038 authorizing an Agreement with Craft Beverage Yakima, not to exceed $5,000, to promote the City's offerings of unique Craft Beverage tourism opportunities WHEREAS, The City has a deep and abiding interest in the promotion and development of unique economic growth opportunities; and WHEREAS, The City has expended significant resources toward the promotion of local craft beverages and assisted in the creation of Craft Beverage Yakima, and WHEREAS, The City desires to contract with Craft Beverage of Yakima to further the promotion of economic development, tourism, recreational activities, opportunities and programs within the City; and WHEREAS, Craft Beverage of Yakima understands that 2017 will be the final year the City of Yakima will provide supporting funds for the organization; and WHEREAS, the City Council believes it is in the best interest of the City to allow Craft Beverage of Yakima to administer the funds and activities described in the attached and incorporated Agreement to promote economic development, recreational activities and tourism within the City in accordance with the terms and conditions of the Agreement, Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized directed to execute the Professional Services Agreement with Craft Beverage Yakima, attached hereto and incorporated herein by this reference, to provide the Professional Services as described in the Agreement. ADOPTED BY THE CITY COUNCIL this 21st day of March, 2017. ATTEST., Jodi '` ephens, Actin • City Clerk athy Coffey, , or ECONOMIC DEVELOPMENT AND PROMOTION AGREEMENT By and Between CITY OF YAKIMA And CRAFT BEVERAGE YAKIMA This ECONOMIC DEVELOPMENT AND PROMOTION AGREEMENT (hereinafter the "Agreement") is executed by and between the City of Yakima, Washington, a municipal corporation (hereinafter the "City") and Craft Beverage Yakima, a Washington nonprofit corporation (hereinafter the "Association"). I. Recitals A. The City has a deep and abiding interest in the promotion and development of unique economic growth opportunities. B. The City has expended significant resources toward the promotion of local craft beverage and assisted in the creation of Craft Beverage Yakima. C. The City desires to contract with the Association for the development and promotion of economic development, tourism and recreational activities, opportunities and programs within the City. D. The Association understands that 2017 would be the final year the City of Yakima would provide supporting funds for the organization. E. The parties agree that Association will administer the funds and activities described below to promote economic development, recreational activities and tourism within the City in accordance with the terms and conditions of this Agreement. II. Agreement WHEREFORE, in consideration of the mutual covenants, promises and conditions set forth herein, together with the recitals set forth above and incorporated herein in their entirety, the City and the Association agree as follows: 1. Payment of Funds by City. In compensation for the services provided by the Association under this Agreement, the City shall pay the Association an 1 Administration Fee. The amount of the Administration Fee shall be $5,000.00 payable by May 1, 2017. 2. Term of Agreement. This Agreement shall commence March 7, 2017 following full execution by the parties and shall terminate at midnight, December 31, 2017. 3. Scope of Services. The Association shall use the funds received from the City to promote the City's offerings of unique Craft Beverage tourism opportunities. The "promotion of the City's offerings and unique Craft Beverage tourism opportunities" includes activities and expenditures designed to increase tourism, recreational use and economic development, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists, promoting recreational opportunities and City based events, cooperating with tourism destination marketing organizations and other persons, organizations and public or private agencies promoting economic development opportunities within the City. By way of illustration, the programs and services to be provided by the Association as part of the Association's Action Plan include, but are not limited to, the following: It is the primary goal of the organization to attract visitors to Yakima to visit their businesses. • Focus will be on millennials in Seattle, delivering the message that Yakima is a fun, relaxing, sunny place where you can have a "farm to glass" experience and "meet the makers." • Our preliminary budget includes a $2,500 ad buy with SIP Magazine (a Washington State beverage magazine & website) and a $6,000 ad buy with Seattle Magazine/Website focused in May/June to encourage summer travel. • We will be supporting these two campaigns with a printed map that will be available at our businesses, plus supplemental materials to include other printed collateral, our website, and social media. • We are leveraging your $5,000 investment with other sponsorships, the CBY Walk fundraiser, and member investments, bringing our total budget to $19,500, all of which will be spent promoting Yakima as a tourist destination. 4. Termination of Agreement. This Agreement may be terminated by either party for any reason upon thirty (30) calendar days' advance written notice to the other party. Upon the effective date of termination, City shall have no further obligation to pay any remaining funds to Association except for those funds necessary to defray costs of 2 any contracts with third parties entered into by Association for the sole benefit of City as set forth in the Action Plan. Notwithstanding the above, upon termination of this Agreement by City pursuant to this Section 5, Association shall use best efforts to terminate any contract for the sole benefit of City entered into by Association for the sole benefit of City unless otherwise directed in writing by City. In the event of early termination of this Agreement Association shall reimburse City any unexpended funds paid to Association under this Agreement. 5. Property and Equipment. The parties do not intend to purchase property and equipment with the proceeds paid to Association pursuant to this Agreement. Unless otherwise agreed, any property and equipment purchased by Association shall remain the property of Association. 6. Records and Accounts. The Association shall maintain (in accordance with generally accepted accounting practices) books, accounts, records, documents and other materials related directly or indirectly to the costs, expenses, and expenditures incurred and/or made pursuant to this Agreement. All such books, accounts, records, documents and other materials shall be subject to inspection and audit at reasonable times by representatives of the City of Yakima and/or of the Washington State Auditor. The Association shall make such books, accounts, records, documents and other materials available and afford the proper facilities for such inspection and/or audit within forty-eight (48) hours of inspection/audit notification from any of said local and/or state government representatives. Said books, accounts, records, documents and other materials may be copied by said local and/or state government representatives as part of such an inspection/audit. The Association shall preserve and make available all books, accounts, records, documents and other materials for a period of at least three (3) years after termination of Agreement. 7. Insurance. It is understood the City does not maintain liability insurance for the Association and/or its officers, employees, agents and/or subcontractors. 8. Hold Harmless. a. The Association agrees to protect, defend, indemnify, and hold harmless the City and its officers, elected officials, employees and agents from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) caused by or occurring by reason of any negligent act and/or omission of the Association, its officers, employees, agents, and/or subcontractors, 3 arising out of or in connection with duties, obligations, and services required of the Association under this Agreement. b. In the event that both the Association and the City are negligent, the Association's liability for indemnification of the City shall be limited to the contributory negligence for any resulting suits, actions, claims, liabilities, damages, judgments, costs and expenses (including reasonable attorneys' fees) that can be apportioned to the Association, its officers, employees, agents and/or subcontractors. c. Nothing contained in this Section or this Agreement shall be construed to vest a right of defense and/or indemnification in any third party. d. The provisions of this Section or this Agreement shall survive the termination or expiration of this Agreement. 9. Independent Contractor. In performing this Agreement, the Association is an independent contractor, not subject to control or direction from the City except for such oversight as is herein described and set forth by City ordinance. The Association expressly represents, warrants and agrees that its status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six -part independent contractor test set forth in RCW 51.08.195. The Association and its officers, employees, agents, subcontractors and volunteers shall make no claim of City employment nor shall claim against the City any related employment benefits, social security and/or retirement benefits. 10. Taxes and Assessments. The Association shall be solely responsible for compensating its officers, employees, agents and/or subcontractors and for paying all related 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 or in connection with the duties, obligations and services required of the Association under this Agreement, the Association shall pay the same before it becomes due. 11. Nondiscrimination. During the performance of this Agreement, the Association shall not discriminate on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law. 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 training, and the 4 provision of services under this Agreement. Association agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. 12. The Americans with Disabilities Act. The Association shall comply with the Americans with Disabilities Act of 1990, 42 U.S.0 §§ 12101 et seq.("ADA") and its implementing regulations and Washington state's anti -discrimination law as set forth in Chapter 49.60 RCW ("WLAD") and its implementing regulations, with regard to the provision of services under this Agreement. The ADA and the WLAD provide comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services and telecommunications. 13. Compliance with Law. The Association shall provide all services 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. 14. Assignment. This Agreement, or any interest therein, or claim hereunder, shall not be assigned or transferred in whole or in part by the Association 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 Association as stated herein. 15. Severability. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict and shall be deemed modified to conform to such statutory provision. c. Should either party determine that the severed portions substantially alter this Agreement so that the original intent and purpose of the Agreement no longer exists, said party may, in its sole discretion, terminate this Agreement upon thirty (30) calendar days' advance written notice to the other party. 5 16. Non -waiver. A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Agreement shall not impair the right of the other 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. 17. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties at their respective addresses as follows: To the City: Cliff Moore, City Manager City of Yakima 129 North 2nd Street Yakima, Washington 98901 To the Association: Phil Cline Craft Beverage Yakima CIO Naches Heights Vineyard 1857 Weikel Road Yakima, Washington 98908 or to such 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. 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. 19. Integration and Supersession. 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. There are no terms, conditions, or agreements with respect thereto except as herein provided, and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 6 20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 21. Venue. The venue for any action to enforce or interpret this Agreement shall lie in a court of competent jurisdiction in Yakima County, Washington. 22. Dispute Resolution. The parties shall strive to resolve any dispute that may arise through mutual cooperation and negotiation in good faith. If the dispute is not resolved through negotiation, the parties may consider mediation or other form of dispute resolution but only where mutually agreed to in writing. WHEREFORE, the parties have executed this Agreement as set forth below: CITY OF YAKIMA By: Cliff Moor-, ity Manager CRAFT BEVERAGE YAKIMA By: gA Phil Cline, President Date: t'1Vl.Cx.d'G1'1 , 2017 Date: 3 '/ ATTEST: By: S,: ya Claar T , City Clerk CITY CONTRACT NO:'2017--7O37 RESOLUTION NO' `�D � / - Ose 7 , 2017 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 6.1. For Meeting of: March 21, 2017 ITEM TITLE: Resolution authorizing an agreement with Craft Beverage Yakima, not to exceed $5,000, to promote the City's offerings of unique Craft Beverage tourism opportunities SUBMITTED BY: Sean Hawkins, Economic Development Manager, 575-6274 SUMMARY EXPLANATION: The City of Yakima worked with local producers of wine, beer, cider and spirits to create the Craft Beverage Yakima initiative and organization in 2015. City funding provided for the organization's strategic planning process with the goal of elevating the cooperation and growth of the craft beverage industry in Yakima. The group has since hosted two Craft Beverage Walks, hosted media familiarization tours for regional media, created brochures that are available at each participating member's location and created a craft beverage tour. In addition, the organization has formalized and received their 501 c6 authorization from the IRS. The City's 2017 budget includes $5,000 for the organization's work plan and this will be the final year of the City contributing to the organization. Each participating partner pays a $500 annual membership fee. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Economic Development APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution BOARD/COMMITTEE RECOMMENDATION: Members of Craft Beverage Yakima presented an update to the Council Economic Development Committee at their February 23, 2017 meeting. The Council members voted 3-0 to bring this agreement to the full City Council for consideration. ATTACHMENTS: Description Upload Date D Resolution CBY Agreement 2017 3/13/2017 D agreement 3/16/2017 D CBY 2016 Accomplishments 3/13/2017 Type Coyer Memo Cover Memo Cover Memo BEGIN your `tour' Is a unique collection of beer, cider, spirits and wine producers located In the clty of Yakima, WA and Its surrounding area (gap to gap). We are dedicated to Increasing awareness for the region as producers of high quality artisanal craft beverages. With the mission to make Yakima and Its surrounding area known worldwide for the production of premium artisanal beer, cider, spirits and wine; Craft Beverage Yakima Is a marketing and public relations association dedicated to the artisans who built It. ANNUAL EVENTS ROOTS & VINES FESTIVAL Americana, Roots & Bluegrass In May rootsandvinesfest.com WS Blues and Jazz Festival In June yaklmablues.com Downtown Beverage Crawl In November c raftbeverageyakim a.com GET YOUR MAP If this Isla yours, grab one for yourself! Maps are free to pickup at participating locations. CHOOSE YOUR DESTINATIONS When plann ing your tour, be smart and double check the hours, you dont want to be left dry. GET STAMPED Dont forget to get stamped at each location In order to complete your map. Heads up, minimum purchases may be required,but this Is really about tasting the valley, right? COLLECT YOUR REWARD After your 10th stamp, the legendary Craft Beverage Yakima 32 -oz. mini growler Is yours to claim (hurrah!) One growler (not filled) awarded for each completed map one per person. If your final location Is out of growlers, visit craftbeverageyakimacom for further instructions. Growlers available while supplies last—so get a move on. TAKE IT EASY There's no time limit to complete the valley tour, so be safe and pace yourself. You can take awee k a month (or several!) to stamp up your map. TOUR MAP ANTOLIN CELLARS antoli 509.9 011Mracom 50946143331 Regular Hours 14 N. Front 5t I Yakima W498001 BALE BREAKER BREWING COMPANY balebreakencom 509-424.4000 1 Regular Hours 1801 Biro afield Rd. !Yakima WA 98901 iS. hill l\'� BERCHMAN's BREWING COMPANY d''— bem6hmanabrmar •5044452-105810894!Regular Hours 41912.-11. , 25 N. Front St. 021 Yakima WA 98901 BRON YR AUR BREWING CO. bmnyraurbr.wingcom 508-65311091 Regular Hours 12160 U6 Hey 121 Nachos, WA 99837 wine. cider. beer. spirits. GILBERT CELLARS gilbertcellarscam 50424490491 Regu lar Hours 6 N.Fmnt M.S. 1601 Yakkna WA 98301 craftbeverageyakima.com tin�t 916e ni C931.433 HA MECRTT MHOS Olte i�t111 509-2448040x51 By Appointment 2620 Draper Rd.1 Yakima WA 98303 f y>1iF"o HOP NATION BREWING COMPANY hopnation.ue 509-367-66521 Regular Hours 31 N.lat Ava 'Yakima WA 98002 KANA WINERY kenawklery.00m 504453-66111 Regular Hours 10 S. 2r.d SL I Yakima WA 98002 1B NEUFELD jbneuNMcom I By Appointment 2062550119 or 509-805-0010 2620 Draper Rd.1 Yakima WA 98003 L � NaVNACco Sm 1 Regular Hours ARD nMwinee.com I Regular Hours 855-NHKW INE or 504648-9463 250 Elher Road 1 Yakima, WA 98908 MAP your TOM. Map is not to scale, use as a reference guide only. Be sure to check location webstte orgive them a call to confirm hours and events before dropping by. social cues r. at -a -glance • brewery • winery • spirits • May Sense Food y Mona. o .nenen Cpl Arowlkaat r lmtgam 1d 1 Mee Music I�J A ' Melo®TM1er (21 Unybr31. \�j�` roodUW. 61-i) 'MOM - SWEDE HILL DISTILLING erredehilldletl8ine.00m 504930-41061 Ey Appointment 124040ccidere4 FM Yakima WA 98303 WILRIDGE WINERY wilrldgewbery.can 5060660786 Regular flours 250 Ehler Rd. I Yakima. WA 98908 TIETON CIER Dana TIETON CIDER WORKS 8etonclderrrorks.com 5521-14301 Regular Hours 619 W. J St6102I Yakima WA 98902 YAKIMA CRAFT BREWING CO. TAPROOM at the BREWERY ye kl mac rsfibeel ago u m 50665473521 Regular 04u84 2920 River 1b.061 Yakima WA 98901 I;ilio@'' T'` 4�i YAKIMA CRAFT BREWING CO. TAPROOM on the AVENUE yeklm atranbrealogc oat 51:41•V1•1468 1 Regular (burs 12060.61. Yakima As. Yakima WA 98901 Terre -WA! Craft Beverage Yakima RYAN MESSER Yakima Magazine Nov 6, 2016 ay (0) Wine Diva Lifestyle A lifestyle built around wine HOME ABOUT WINE PHOTO GALLERY WINE VIDEO WINE DNA PRODUCTS CONTACT Craft Beverage Yakima: Hotels, Restaurants, and Transportation May30, 2016 Posted by Shona Milne Part three of a 36 hour trip to Yakima. Craft Beverage Yakima was our host and showed us what is going on in Yakima. Craft Beverage Yakima is made up of wine, beer, cider, and spirits producers located in the city of Yakima. They are dedicated to increasing awareness for the region as producers of high quality artisanal craft beverages. About Me I live my life around what is in my wine glass, the food on my plate, where I am, and my friends around me. It's not wine snobbery. ICs what wine pairs with a hot dog or a five course dinner... FAM TOUR Read More • • 0 4 5MAGAZ1NE SUBSCRIBETOTHEMAGAZINE EVENTS CALENDAR EAT•DRINK HOME•GARDEN CULTURE STYLE WELLNESS TRAVEL • OUTDOORS ARCHIVE TRAVEL + OUTDOORS Hop Over to Yakima From rail depot to craft beverage hub FriHeed the Hedonist: make! pleasure 1n Ow s)urnry of lift_ ED FOOD I DRINK HOME1 GARDEN RECIPES ROMANCE SEX I CULTURE 1 MUSIC 1 ARTS 1 FILM ou are here: Home / Featured / Yakima's Beautiful Boozy Beverages Get Organized rakima's Beautiful Boozy Beverages Get Organized 1 May 24, 2016 by Hedonista f, Leave a Comment SPA 1 HEALTH STYLE! PACIFIC NW LIVING IID POSTS COMMENTS lost of us hedonists like our beverages - particularly of the boozy variety. We also love to travel and experience new rings. Like warmer climes. And rocky, rolling hills separated by waterways that reflect the hues of the sky - which can Inge from robin egg teal to deep azure blue. A breathtaking vista created thanks to the last Ice Age which has •suhed in unique geological conditions and rich soils - think of Mother Nature tossing up the earth's crust and mantle ke a tasty Earth salad. ,ud1 history makes ideal growing conditions for almost anything. 'gut back to the alcohol, dear hedonists, specifically, the agricultural products needed to make them: grains grapes nd hops. View of Cowidle Canyon, through which the Covriche Creek runs, is an agricultural gold mine, thanks to the Iasi Ice Age. (Look closely and see the hops vines growing in the middle of this Which brings us to Yakima - and, more broadly, Yakima Valley -which has been touted as one of the most fecund growing regions on the planet, complete with 300+ days of sunshine and growing literally hundreds of different crops. It is the hops capital for the nation. growing something like 75-77%+ of the U S hops supply and around 40% of the world's hops supply (or so your Hedonista was told on a recent media trip to Yakima). WELCOME! Thanks for checking in - hope you find your visit both pleasure -filled and informative. Feel free to subscribe, leave Jacqueline (a.k.a. your Hedonista) comments, and visit often, as exciting developments are in the works over here CONTENT SEARCH ON HEED THE HEDONIST Search for: Search LIKE WHAT YOU SEE? WANT MORE? SIGN UP! Enter your email address: Subscribe Delivered by FeedBurner WHATCHA THINK? mercadeo on The Awe of Albion Manor Bar Napkin Productions! FEATURED PROJECT: CUTTER'S CRABHOUSE on Not Your Grandpa's Cutters Anymore Susan on The 1) Slant' n' Slide at Duke's Sugel on Not Your Grandpa's Cutters Anymore Eileen Lambert on Victoria's Secrets (Part III of IV): Feel Superior ADD A LITTLE MORE HEDONISM TO EVERY ASPECT OF YOUR LIFE.... Style 1 Pacific NW Living wine. beer. cider. spirits.„ farm to glass at craftbever'aiakima.com p4 GRIT CI H0TYT0 ,P ,