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HomeMy WebLinkAbout01/15/2008 09A Hispanic Chamber of Commerce Agreement BUSINESS OF THE CITY COUNCIL 0 YAKIMA, WASHINGTON AGENDA STATEMENT Item No * / A For meeting of • January 15, 2008 ITEM TITLE. A resolution authorizing execution of an Agreement with the Hispanic Chamber of Commerce of Yakima County SUBMITTED BY Cindy Epperson, Finance and Budget Department William R Cook, Director, Community and Economic Development CONTACT PERSON/TELEPHONE. Cindy Epperson, Financial Services Manager /576 -6644 SUMMARY EXPLANATION As part of the 2008 Budget process, the City Council provided budget authority for continuation of the City's relationship with the Hispanic Chamber of Commerce of Yakima County The attached resolution and Agreement formalize the Agreement for 2008 It details the terms and conditions the agency must provide to receive compensation under the contract. As described in the attached Agreement, the Chamber is committed to enhancing community economic development, citizen participation in the operation of the City government, and improving the quality of life in Yakima. The 2008 budget includes $5,900 to support the City of Yakima through training coordination with various agencies, working with neighborhood 0 associations, a proposed resource and technology center, and networking opportunities Resolution X Ordinance Contract Hispanic Chamber of Commerce of Yakima County Mail to (name and address) Nestor Hernandez, President HCYC P.O. Box 11146, Yakima, WA 98909 Funding Source Intergovernmental Section of General Fund Budget APPROVED FOR SUBMITTAL.�%-:--� '( City Manager STAFF RECOMMENDATION Adopt resolution BOARD /COMMISSION RECOMMENDATION City Council provided budget authority COUNCIL ACTION RESOLUTION NO R -2008- A RESOLUTION authorizing the City Manager to execute an Agreement with the Hispanic Chamber of Commerce of Yakima County for the purpose of fostering community economic development, citizen participation in City government, and improvement in the quality of life in Yakima. WHEREAS, the City Council of the City of Yakima desires to foster community economic development, citizen participation in the operation of city government and improve the quality of life in Yakima, and WHEREAS, the City does not have the human resources to plan and implement beneficial community economic development projects and the City wishes to utilize the skill, experience, and expertise of the Hispanic Chamber of Commerce of Yakima County rather than attempt to perform the same services at greater expense, and WHEREAS, The Hispanic Chamber of Commerce of Yakima County staff possess valuable skills, 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 Council has previously authorized one (1) year agreements for 2006 and 2007, thereby engaging the Hispanic Chamber of Commerce of Yakima County to develop programs to enhance community economic development, citizen participation in the operation of City government, and the improvement in the quality of life in Yakima, as described in the underlying Agreement; and WHEREAS, the City Council and the Hispanic Chamber of Commerce of Yakima County wish to continue the relationship that has existed by entering into an Agreement for one (1) additional year, commencing upon execution hereof by the parties and terminating at midnight, December 31, 2008, and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to engage the Hispanic Chamber of Commerce of Yakima County in accordance with the terms and conditions of the attached extension Agreement; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated "Hispanic Chamber of Commerce of Yakima County Public Sector Professional Services Agreement with the City of Yakima, Washington" between the 111) City of Yakima and the Hispanic Chamber of Commerce of Yakima County for the purpose 1 of fostering community economic development, citizen participation in city government, and improvement of quality of life in Yakima. ADOPTED BY THE CITY COUNCIL this 15th day of January, 2008 ATTEST David Edler, Mayor City Clerk III 2 0 HISPANIC CHAMBER OF COMMERCE OF YAKIMA COUNTY 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 "City "), a Washington municipal corporation, and the HISPANIC CHAMBER OF COMMERCE OF YAKIMA COUNTY (hereinafter "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 Hispanic Chamber of Commerce of Yakima County staff possesses valuable skills, 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 0 contracting with the Chamber to foster community economic development; 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 improving 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 a. Coordination of business training in collaboration and partnership with Yakima Valley Community College, Eastern 'Washington University, Central Washington University, Washington State University, the University of Washington, the Greater Yakima Chamber of Commerce and New Vision b Developing the business plan for the implementation of the neighborhood plans to better serve and develop leadership within the neighborhood to deal with the issue of crime and gang prevention and neighborhood cleanup through the East Yakima Neighborhood Association model c A proposal for a Hispanic Business Resource and Technology Center in Yakima has been submitted to the Governor's office for consideration in the next biennium as part of Yakima County's legislative priorities 1 d Coordinating partnerships with the Better Business Bureau and Qwest Communications to deal with the issues of fraud and identity theft that are plaguing the small Latino /Hispanic owned businesses. A press conference will be held to announce the partnership in January 2008 e Setting up Latino /Hispanic Professional Network luncheons every third Thursday of each month to identify and promote leadership development within non - business owners 2. DURATION OF CONTRACT This Agreement shall commence upon execution hereof by the parties and shall terminate on midnight, December 31, 2008, unless terminated sooner by either party in accordance with Section 16 of 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 and Nine Hundred Dollars ($5,900 00) per calendar year, which amount shall be paid to the Chamber in two annual 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 that are the subject of this Agreement. Each semi - annual report shall detail the Chamber's work toward accomplishment of the above referenced activities and other actions taken by the Chamber to foster community economic development. Compensation and payments are expressly conditioned upon and subject to receiving authorization and approval during the City's yearly budget process 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. 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 2 0 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 If the City is damaged by the failure of the Chamber to maintain the above insurance or to so notify the City, then the Chamber shall bear all costs attributable thereto 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 NONCNA. ng e mance , not discriminate in violation TION of any Duri applicable th federal state , and /or this local law Agreement or the regulation Chamber on shall 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 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. 0 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 3 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 R A. Zais, Jr City Manager 128 N 2 St. Yakima, WA 98901 TO CHAMBER Nestor Hernandez, President P O Box 11146 Yakima, WA 98909 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 21 INDEPENDENT CONTRACTOR STATUS OF CHAMBER. The Chamber and the City understand and expressly agree that the Chamber is an independent contractor in the performance of each and every part of this Agreement. The Chamber, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. Additionally, and as an independent contractor, the Chamber and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and /or retirement benefits Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between the Chamber or any officer, employee or agent of the Chamber and the City 4 0 22. TAXES AND ASSESSMENTS. The Chamber shall be solely responsible for compensating its employees 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 this Agreement, the Chamber shall pay the same before it becomes due CITY OF YAKIMA HISPANIC CHAMBER OF COMMERCE OF YAKIMA COUNTY R A ZAIS, JR NESTOR HERNANDEZ City Manager President Date Date ATTEST City Clerk , 40 Date City Contract No Resolution No III 5 Hispanic Chamber of Commerce II of Yakima County Final Annual Report 2007 & 2008 Workplan Pursuant to the 2007 budget request for $5,900 of general funds from the City of Yakima and subsequent approval of the budget by the Yakima City Council, we hereby submit this Final Report regarding the Hispanic Chamber's performance on the proposed Scope of Services and the 2008 Workplan. A. Hispanic Business Survey (Bilingual English/Spanish) survey of the local Hispanic business community. The surveys were completed in late 2006 and early 2007 Part time staff persons were hired to conduct the surveys and input the data to provide a summary of findings In addition, a computer consultant was utilized develop the data base for analyzing the survey results A total of 175 business surveys were completed for businesses within the City of Yakima. After the completion of the surveys, a short summary of the results are listed. • Seventy two (72 %) preferred to respond to the survey in Spanish. • Sixty two (62 %) of the businesses were retail and 37% were service Only one • mfg business was noted. • Almost all did not have a business plan that they used for the business • Ninety (90 %) utilized some type of assistance in tax preparation and accounting. • Eighty (80 %) had grossed sales of $75,000 or more • 95 % started their businesses with funds borrowed from family or Personal credit cards Only 20% of the businesses use a computer or Internet for their business The survey costs were more costly than anticipated. There always appear to be reluctance on the part of Hispanic businesses and other businesses as well to participate in surveys and to provide their financial information. The survey also showed 90% of the businesses are interested in attending business tralmngs, yet, it is not an easy task to get them to participate since the majonty of the businesses are small and getting away from their businesses is difficult. The tralnings that always tend to be a pnonty for Hispanic businesses are tax seminars and/or regulatory compliance All tralmngs, per their request, are set in the evenings All notices are sent to them via mail, with a follow up personal phone call to remind them about the tralmngs III 1 S B. Three seminars in bilingual format on business plan development and starting a new business The board voted to concentrate on existing business instead of start ups that need more one -on -one technical assistance The Small Business Financial Management Course uses excel spread sheets in a four step process. Using the same cost categones listed on Schedule C, this basic accounting system provides the information needed to fill out federal tax form Schedule C The course covers the importance of a basic accounting system to manage a business, using separate accounts for business and personal use, and IRS document retention requirements C Three training seminar in a bilingual format for established businesses on issues related to procurement opportunities with local, state and federal government agencies. Procurement opportunities for new and emerging businesses are very hard to find in the Yakima Valley The HCC will have to maintain a strong advocacy role and good business management trainings to insure that the memberships are fully capable of completing their work on time and on budget. At the present time, the HCC is working with the Small Business Incubator to develop a program to assist our members in procunng jobs with not only the local, state and federal agencies, but also with pnvate companies Three workshops were held with four people in each workshop This continues to be a challenge for the rural Latino businesses At the present time, the Chamber has developed a data base for the Small Business Roster for all of the local agencies and has invited all members interested to register their businesses D Coordinate and facilitate business workshops. Two evening, 2 1/2 hr classes totaling 5 hours were held on Apnl and November One newsletter was distributed and another is being finalized for the new year E. Participate in "Clean -up Green -up Day " The HCC had only small participation on the clean up due to the timing of the event. Armando Ramirez, a HCC board member supervised several young people and was pleased with the support of local youth. F Coordinate and Community Discussions with youth about Crime Prevention & Civic Responsibility There were several focus groups of young people in regard to the proposed gang prevention initiative being promoted all over the Yakima Valley Most youth felt it would tend to discnmmate, but all felt prevention was the answer With that information and momentum, an East Yakima Neighborhood Association (EYNA) was formed to connect with East Yakima residents who feel they have no power and no voice in their neighborhood and see this as a vehicle to empower the neighborhood to become more involved in implementing the neighborhood plans and the best way to get parent participation for development of prevention and after school programs 2 Chief Sam Granato, Chief of Police is well aware of the stance based on input from youth from East Yakima. Several meetings were held with YNDA staff dunng the CDBG Annual Plan in regard to the current use of CDBG The current use of funds in Just painting over graffiti and other types of program were not producing enough results and were ineffective in dealing with the problems of gang prevention. G Cinco de Mayo Celebration The 6th Annual Cinco de Mayo Fiesta Grande was held the first weekend in May and was well attended. Partnership with the Farmer's Market and the YVCC Title V Program provided the support. Four young ladies received college scholarships totaling $4,500 This year the royalty also participated in the Sunfair Parade Celebration was a great success and continues to be the biggest festival and the most culturally diverse events held in Downtown Yakima. Over 3,500 persons attended the celebration and all sponsors and booth participants were happy with the results Next year we hope to have representatives from the Committee for Downtown Yakima to assist in the planning and with costs associated with insurance and procurement of a stage The 2008 Festival is set for May 3 & 4th for downtown Yakima. The planning committee meets the 2 and 4th Wednesday of each month at 22 S 3 Avenue It is not Just a Latino/Hispanic event. It is a community downtown event. Volunteers are needed!! 2008 Projected Workplan/Obiectives: * Coordinated business traimngs in collaboration and partnership with Yakima Valley Community College, Eastern Washington University, Central Washington University, Washington State University and University of Washington. Presently, there is not a coordinated effort and neither of them has been able to tap the Hispanic market. A coordinated effort for all technical assistance training for English and limited English speakers is necessary We also want to work with the Yakima Chamber and New Vision in more concrete business assistance training. * Develop the business plan for the implementation of the neighborhood plans to better serve and develop leadership within the neighborhood to deal with the issue of cnme and gang prevention and neighborhood cleanup through the East Yakima Neighborhood Association model * Submit proposal for a Hispanic Business Resource & Technology Center in Yakima has been submitted to the Governor's office for consideration in the next biennium as part of Yakima County's legislative pnonties. * Coordinating partnerships with Better Business Bureau and Qwest Communications to deal with the issues of fraud and identity theft that are plaguing the small Latino/Hispanic owned businesses Press conference will be held to announce the partnership in January 2008 * Set up Latino/Hispanic Professional Network luncheons every third Thursday of each month to identify and promote leadership development within non business owners 3