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HomeMy WebLinkAboutR-1998-068 Contract AmendmentRESOLUTION NO. R-98- 68 A RESOLUTION authorizing the City Manager and the City Clerk to execute an amendment to the existing Public Sector Service Contract with the Yakima County Development Association. WHEREAS, the Public Sector Service Contract between the Yakima County Development Association (hereinafter referred to as the "YCDA"), and the City of Yakima, Washington (hereinafter referred to as "the City"), was established on January 26, 1996; and WHEREAS, YCDA has proposed amendments to the existing Public Sector Service Contract regarding the scope of services and reporting requirements, which amendments are' stated in the proposed Contract Amendment Number 1, which is attached to this resolution; and WHEREAS, YCDA's proposed Contract Amendment Number 1 has been reviewed and recommended by the City Council's Economic Development Committee; and WHEREAS, the City Councildeems it to be in the best interest of the City that the attached Contract Amendment Number 1 be executed, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Contract Amendment Number 1 to Yakima County Development Association Public Sector Service Contract is agreed, and the City Manager and City Clerk of the City of'Yakima are authorized to execute Contract Amendment Number 1. ADOPTED BY THE CITY COUNCIL this 19th day of . May ATTEST: Karen S. Roberts, City Clerk , 1998. John Puccinelli, Mayor lap/contracts (& resolutions):ycda:YCDA 1998 K amendment/res.lp April 28, 1998 2:32 PM RESOLUTION APPROVING AMENDMENT TO 1996 YCDA CONTRACT—Page 1 • .CONTRACT AMENDMENT NUMBER 1 - TO ORIGINAL YAKIMA COUNTY DEVELOPMENT ASSOCIATION PUBLIC SECTOR SERVICE CONTRACT CONTRACTOR: Yakima County Development Association CONTRACT. PERIOD: January 1, 1996, to December 31, 1999 THIS CONTRACT AMENDMENT is entered into by the City of Yakima ("the City"), a Washington municipal corporation, and the Yakima County Development Association ("YCDA"), a Washington nonprofit corporation. This Contract Amendment Number 1 modifies the Public Sector Service Contract made and entered into on January 26, 1996, and retains in °its entirety all recitals and terms of the original Public Sector Service Contract except as provided below: 1. The first two paragraphs of section "I. SCOPE OF SERVICES" remain unchanged. The following is substituted for the remainder of section "I. SCOPE OF SERVICES": As additional consideration, beyond its general mission of economic development in Yakima County, YCDA shall dedicate its professional and support staff to specific objectives to be mutually updated and agreed on an annual basis. As objectives for the 1998 calendar year YCDA shall: A. Market the City of Yakima and Yakima County as a location for new nonretail business investinent. Maintain accurate information about the City's costs and opportunities as they relate to new business development. Maintain confidentiality for business: clients evaluating -sites or facilities within the region. B. Work cooperatively with.developers, realtors, land owners and other parties- within the Yakima urban area to maintain up-to- date information about, sites and facilities that can meet the needs of new or existing businesses. lap/contracts (& resolutions)/}cda:/ycda 1998 k amendment.lp April 29, 1998 3:22 PM YAKIMA COUNTY DEVELOPMENT ASSOCIATION AMENDMENT TO PUBLIC SECTOR SERVICE CONTRACT—Page 1 of 3 C. Conduct yearly visits with Yakima -based manufacturers as part of YCDA's annual manufacturers' survey. Provide appropriate follow-up assistance to local businesses based on needs identified during the survey interviews. D. Provide the City of Yakima with a yearly report on the status of local manufacturers, providing insights on their overall health and feedback on local business climate issues. E. Support the City's efforts to prepare industrial sites and facilities through grant applications to local, state or federal infrastructure financing programs. F. Provide a positive and coordinated business climate by hosting the Economic Development Resource Team meetings and participating in the Council's Economic Development Committee meetings. G. Advise the City, when requested, regarding industrial sector needs relative to the preparation of land use designation and urban development policies. H. Advise the City, when requested, on ways to mitigate development impacts from proposed manufacturing or nonretail expansion projects. I. Advise the City, when requested, regarding public service planning for light and heavy industrial areas, including comments on streets, water, sewer, and other public facilities. J. Work with the City to identify and secure SSB 5740 funds for appropriate economic development infrastructure projects. 2. The first two paragraphs of section "III. COMPENSATION,, METHOD OF PAYMENT, REPORTING" remain unchanged. The following paragraph will be added to section "III. COMPENSATION, METHOD OF PAYMENT, REPORTING": YCDA shall also report on status of marketing efforts, including number of companies contacted, number of companies interested in Yakima County locations, and number of companies making visits to Yakima County. YCDA shall report on each prospective lap/contracts (& resolutions)/vcda:/ycda 1998 k amendment.lp April 29, 1998 3:22 PM YAKIMA COUNTY DEVELOPMENT ASSOCIATION AMENDMENT TO PUBLIC SECTOR SERVICE CONTRACT—Page 2 of 3 company's project timelines, possible job creation, potential investment, and key needs that drive the company's location decision. CITY OF YAKIMA Signature R. A. Zais, Jr. Name City Manager Title Date ATTEST City Clerk liciCri.Ubiw74H8: � �• ` YAKIMA COUNTY DEVELOPMENT ASSOCIATION Signature a,v a Gt iv? bre. tile, . Name ! / rK 5 Cf Get 7" Title Date 5-127/9? Approved as to form Title lap/contracts (& resolutions/ycda:/ycda 1998 k amendment.lp April 28, 1998 2:34 PM YAKIMA COUNTY DEVELOPMENT ASSOCIATION AMENDMENT TO PUBLIC SECTOR SERVICE CONTRACT—Page 3 of 3 New Vision's Priorities for 1998: Marketing and Recruitment ➢ Aggressively, market Yakima -County through prospecting trips;. hosted events; and trade'shows: Implement anexpanded`adve_rtising and:public relations campaign. . Property and Infratructure, Development Develop a fund distribution process for SSB:5740 infrastructure`• funds, ($950,000/Year) in cooperation with our private and public sector investors. Local Industry Address workforce preparation challenges .by developing a "Certificate of employability" With Local 'ma(1ufacturers Corr,rnunity Development and;Education Recast our monthly board report into an "investor:bulletin", ani refocus our quarterly newsletter.to be more issue:focused (ex Recruiting, Retention) BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ID For Meeting of May 19, 1998 ITEM TITLE: Resolution Authorizing Execution of Yakima County Development Association Contract Amendment SUBMITTED BY: Dick Zais, City Manager CONTACT PERSON/TELEPHONE: Dick Zais/575-6040 SUMMARY EXPLANATION Last December, the City Council reauthorized funding for Yakima County Development Association for 1998 in the sum of $29,870. Subsequent to that decision, the City and YCDA have updated the contractual agreement between the parties to more accurately reflect current responsibilities and obligations for performance. Accordingly, the attached agreement includes these changes for your consideration. The Council Economic Development Committee has reviewed the changes and agrees with them. X Resolution Ordinance Contract Other (Misc. Information) Funding Source General Fund APPROVED FOR SUBMITTAL City Manager STAFF RECOMMENDATION: Approve Resolution authorizing execution of new contract. COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-98-68 YAKIMA COUNTY DEVELOPMENT ASSOCIATION PUBLIC SECTOR SERVICE CONTRACT CONTRACTOR: City of Yakima, Washington CONTRACT PERIOD: January 1, 1996 to December 31, 1999 THIS CONTRACT is entered into by City of Yakima ("the City"), a municipal corpo- ration, 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 ac- tions which aid in enhancing a community's quality of life and bringing its citizens into the economic mainstream 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 City of Yakima and Yakima County; and WHEREAS, The City wishes to utilize the skill, experience, and expertise of YCDA rather than attempting to perform the same services at greater expense; and WHEREAS, The City wishes to exercise authority granted under RCW 35.21.703 by contracting with YCDA to provide economic development assistance to the City; and WHEREAS, The City desires to have certain services performed by YCDA as described within this Contract; 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 The City desires to continue utilizing services provided by YCDA. The City recognizes that, because of the nature of a private economy, YCDA shall provide economic development programming for the entire Yakima County area and not exclusively for the City of Yakima area. The City understands that it will receive economic lap/contracts (& resolutions)/ycda:/ycda 1996 k.lp 1/8/96 1:55 PM YAKIMA COUNTY DEVELOPMENT ASSOCIATION PUBLIC SECTOR SERVICE CONTRACT FOR 1996 -- Page 1 of 6 development benefits from YCDA's efforts within Yakima County because the City is an economic focal point of the County. Such benefits to the City include a more diversified economic base, additional employment opportunities and greater prosperity. The economic development program shall consist of an annual program of work drafted by the YCDA Board of Directors. YCDA shall maintain a professional staff to carry out an economic development program in Yakima County. During the term of this Contract, YCDA will dedicate its best efforts to carry out such program. As additional consideration, beyond its general mission of economic development in Yakima County, YCDA shall dedicate its professional and support staff to specific objectives to be mutually updated and agreed on an annual basis. As objectives for the 1996 calendar year YCDA shall: A. Initiate and facilitate a process to bring together potential constituencies to plan, identify possible financing sources to be considered, promote development of and encourage construction of one or more industrial properties. B. Screen manufacturing and warehousing/distribution retention and expansion clientele. When permitted by a client company, YCDA will coordinate efforts to involve the City's authorized, designated officials and staff. C. Assist the City to improve the community's location opportunity preparedness for manufacturing and warehousing/distribution clients. D. Assist the City in marketing the empowerment zone (state and federal if approved) to manufacturing and warehousing/distribution firms seeking a City of Yakima location. E. Market the entire county including the City of Yakima, to manufacturing firms by attending and providing recruitment efforts at targeted trade shows. F. Promote a positive and coordinated business climate among partnering agencies interested in economic development by facilitating the monthly Economic Development Resource Team ("EDRT"). G. During 1996, evaluate the possibility, purpose and desire for a county economic summit to elicit input regarding the area's economic development efforts, and prepare a report with recommendations. H. Evaluate the possibility, purpose and desirability of YCDA hosting or co -hosting an industry appreciation event, emphasizing the many positive and successful partnerships, and prepare a report with recommendations. I. Advise the City, when requested, regarding industrial sector needs relative to the preparation of land use designation and urban development policies. lap/contracts (& resolutions)/ycda:/ycda 1996 k.lp 1/8/96 1:55 PM YAKIMA COUNTY DEVELOPMENT ASSOCIATION PUBLIC SECTOR SERVICE CONTRACT FOR 1996 -- Page 2 of 6 J. Advise the City, when requested, regarding specific manufacturing and warehousing/distribution proposals relative to its development projects, including any ideas for growth and development mitigation to be proposed. K. Advise the City, when requested, regarding public services planning for manufacturing and warehousing/distribution development areas, including comment on streets, water, sewer, land use and other public services. II. DURATION OF CONTRACT This Contract shall commence on January 1, 1996 and shall terminate on December 31, 1996, but may be renewed annually through December 31, 1999, subject to performance review and evaluation conducted by the City Council during the yearly budget review process. III. COMPENSATION, METHOD OF PAYMENT, REPORTING YCDA shall receive payment for services as specified in this Contract in the total amount of Twenty Nine Thousand Eight Hundred Seventy Four Dollars ($29,874), which amount shall be paid to YCDA in two equal installments of Fourteen Thousand Nine Hundred Thirty Seven Dollars ($14,937), with one installment due on January 15, and one installment due on July 15. In the following years, payment shall be made to YCDA in two equal installments on January 15, and July 15, provided that this contract is renewed and compensation for services is authorized in the City's yearly budget based the annual performance review and evaluation. YCDA shall submit quarterly written reports including, for the fourth quarter of each year, an annual written project report to be delivered by January 31st of the next year. Such reports shall contain a description of accomplishments under the applicable scope of services provision of the Contract. Specifically, each annual report shall indicate the amount of new investment, retention of investment, and new jobs within Yakima County which affect economic development of the City. 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 reporting standards. V. ESTABLISHMENT AND MAINTENANCE OF RECORDS YCDA shall maintain accounts and records, including personnel, property, financial, and program records, and such other records as the City may deem necessary, to ensure proper accounting for all project funds and compliance with this Contract. lap/contracts (& resolutions)/ycda:/ycda 1996 k.lp 1/8/96 1:55 PM YAKIMA COUNTY DEVELOPMENT ASSOCIATION PUBLIC SECTOR SERVICE CONTRACT FOR 1996 -- Page 3 of 6 VI. AUDITS AND INSPECTIONS A. Records and documents pertaining to all matters covered by this Contract shall be subject at all times to inspections, review, or audit by the City and/or federal/state officials so authorized, including but not limited to, the Washington State Examiner. B. YCDA shall have its annual financial statement audited by an independent certified public accountant. One copy of any such audit or review performed by an in- dependent certified public accountant shall be provided to the City. C. YCDA 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 the Contract. The City will give advance notice to YCDA in the case of fiscal audits to be conducted by the City. VII. REVIEW AND EVALUATION YCDA agrees to cooperate with the City or its agent in the City's annual review and evaluation of YCDA's performance under this Contract and to make available all information reasonably required by any such evaluation process. VIII. TERMINATION This Contract 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 YCDA shall procure and maintain at its own expense for the duration of this Contract insurance against injury to persons or damage to property or rights which may arise from, or in connection with the performance of work hereunder by YCDA, its agents, representatives, employees. YCDA shall defend, indemnify, and hold the City of Yakima, its officers employees, and agents, harmless from any and all liability arising out of the performance of this Contract. X. NONDISCRIMINATION During the performance of this Contract, 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 Contract. lap/contracts (& resolutions)/ycda:/ycda 1996 k.lp 1/8/96 1:55 PM YAKIMA COUNTY DEVELOPMENT ASSOCIATION PUBLIC SECTOR SERVICE CONTRACT FOR 1996 -- Page 4 of 6 XL CONFLICT OF INTEREST YCDA covenants that no officer, employee or agent of the City 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 Contract. None of the funds, materials, property or services provided directly or indirectly under this Contract 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 Contract provides for notice to be provided by one party or another, such notices shall be in writing and directed to the chief executive officer of YCDA, P.O. Box 1387, Yakima, WA, 98907, or the manager for the City, c/o City Manager, City Hall, Yakima, Washington, 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 Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. XIV. PROHIBITED ACTS YCDA shall use all consideration provided under this Contract solely to pay for labor, equipment, materials, and overhead in its operations. It shall not use such consid- eration 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 Contract and YCDA shall repay to the City any funds transferred in violation of this section. XV. WHOLE AGREEMENT This Contract constitutes the whole and entire agreement between the parties. XVI. ASSIGNMENT YCDA shall not assign any of its duties under this Contract without the prior written consent of the City. lap/contracts (& resolutions)/ycda:/ycda 1996 k.lp 1/8/96 1:55 PM YAKIMA COUNTY DEVELOPMENT ASSOCIATION PUBLIC SECTOR SERVICE CONTRACT FOR 1996 -- Page 5 of 6 XVII. SEVERABILITY In the event any portion of this Contract is found to be invalid, it is the intent of the parties to enforce the remainder of the Contract. CITY OF YAKIMA YAKIMA COUNTY DEVELOPMENT ASSOCIATION Signature R. A. Rail, Jr. Signature Joseph W. Gero Name Name City Manager Title / // q/9 Date ATTEST City Clerk CITY CONTRACT NO. Executive Director Title 1/26/96 Date Approved as to form Title lap/contracts (& resolutions)/ycda:/ycda 1996 k.lp 1/8/96 1:55 PM YAKIMA COUNTY DEVELOPMENT ASSOCIATION PUBLIC SECTOR SERVICE CONTRACT FOR 1996 -- Page 6 of 6 RESOLUTION NO. R-96- 03 A RESOLUTION authorizing the City Manager and the City Clerk to enter into a contract with the Yakima County Development Association for public sector services. WHEREAS, the Yakima County Development Association ("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 those public and private actions which aid in enhancing a community's quality of life and bringing its citizens into the economic mainstream by planning and building local economic capacity such as: an effective education and training system; sound transportation and physical infrastructure; diversified private and public investments; and competitive and skilled work force; and WHEREAS, YCDA employs staff who possess expertise in community economic development programs; and WHEREAS, YCDA has been involved in many significant investment decisions in the city of Yakima and Yakima County; and WHEREAS, The City wishes to utilize the skill, experience, and expertise of YCDA rather than attempt to provide the same service at a greater expense; and WHEREAS, the City wishes to exercise authority granted to it under RCW 35.21.703 by contracting with YCDA to provide an economic development program and specific economic development assistance to Contractor; and WHEREAS, The City desires to have certain services performed by the YCDA as described within this Contract, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute a contract with Yakima County Development Association, entitled "Yakima County Development Association Public Sector Service Contract", a true copy of which is attached hereto and incorporated herein. ADOPTED BY THE CITY COUNCIL this / qday of ,1996. AFiEST: City Clerk Mayor lap, contracts (& resolutions)ycda:YCDA 1996 Kires.lpl '4/96 4:13 PM RESOLUTION APPROVING 1996 YCDA CONTRACT Page 1