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HomeMy WebLinkAboutR-2013-139 Economic Development Partnership Services Agreement with Yakima County Development Association RESOLUTION NO. R- 2013 -139 A RESOLUTION authorizing an Agreement with Yakima County Development Association for Economic Development Partnership Services. 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 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 Yakima area 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; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager's execution of the Agreement with Yakima County Development Association, a copy of the Agreement is attached hereto and by reference made a part hereof, is hereby ratified and approved as and from its date of execution. ADOPTED BY THE CITY COUNCIL this 5 day of November 2013. ATTEST. Micah Caw /Mayor t �lh l,q 1� � City Clerk `± LE i 1 d\O YAKIMA COUNTY DEVELOPMENT ASSOCIATION PUBLIC SECTOR SERVICE CONTRACT CONTRACTOR: City of Yakima CONTRACT PERIOD: January 1, 2014 to December 31, 2018 THIS CONTRACT is entered into by the City of Yakima ( "the City ") 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 Yakima area 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 de- scribed 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 development benefits from YCDA's efforts within Yakima County because the City is an economic focal point within the County. Such benefits to the City include a more diversified economic base, additional employment opportunities and greater prosperity. 1 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 2014 calendar year YCDA shall: A. Market the City of Yakima and Yakima County as a location for new business investment. 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 area to maintain up -to -date information about sites and facilities that can meet the needs of new or existing businesses. C. Conduct yearly visits with Yakima -based manufacturers as part of YCDA's business retention efforts. 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 YCDA efforts and accomplishments as well as local economic trends and issues. E. Support the City's efforts to prepare commercial and industrial sites and facilities through grant applications to local, state or federal infrastructure financing programs. F. Advise the City, when requested, regarding commercial or industrial sector needs relative to the preparation of land use designation and urban development policies. G. Advise the City, when requested, on ways to mitigate development impacts from proposed manufacturing or commercial expansion projects. H. Advise the City, when requested, regarding public service planning for commercial and light industrial areas, including comments on streets, water, sewer, and other public facilities. II. DURATION OF CONTRACT This Contract shall commence on January 1, 2014 and shall terminate on December 31, 2014, but may be renewed annually for up to four (4) additional years through December 31, 2018, subject to performance review and evaluation conducted by the City during the yearly budget review process. 2 III. COMPENSATION, METHOD OF PAYMENT, REPORTING YCDA shall receive payment for services as specified in this Contract in the total amount of Thirty Three Thousand Dollars ($33,000.) annually, which amount shall be paid to YCDA in two equal installments of Sixteen Thousand Five Hundred Dollars ($16,500) each, with the first installment due on January 30, 2014, and the second installment due on July 15, 2014. If the contract is renewed in the following years as is permitted in Section II., payment shall be made to YCDA in two equal installments payable in January and July of each respective year as provided herein. Said compensation and payments are expressly conditioned upon and subject to receiving authorization and approval during the City's yearly budget process. The total cost to the City, in the event this Contract is renewed annually through December 31, 2018, shall not exceed One Hundred and Sixty Five Thousand Dollars ($165,000). YCDA shall provide monthly update reports and an annual report, which will be delivered by March 31st of the next year. Such reports shall contain a description of current initiative and accomplishments under the applicable scope of services provision of the Contract. 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. 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. Copies of any such audit or review performed by an in- dependent certified public accountant shall be provided to the City upon request. 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 3 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 elected officials, 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. XI. 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 Yakima City Manager, 129 North 2 Street, 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. 4 III. 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. 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 , AKIMA YAKIMA COUNTY DEVELOPMENT ASSOCIATION v � i' g si.mr Signature d /e Name r Name (a/c ¢ C c, Title/ Title � l ( 13 i // / � 3 Date — it� Date ' / -'/ ► "t, CITY CONTRACiNv 4 / 9 • TEST ' �� % � � , � ; � � � RESOLUTION N0: �. - 1 • City Clerk � t ;K * 7" Inru 5 • • • � � M1 n i 1' tit • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON • AGENDA STATEMENT Item No. For Meeting of: 11/5/2013 • ITEM TITLE: Resolution authorizing an agreement with Yakima County • Development•Association for Economic Development Partnership Services. SUBMITTED BY: Sean Hawkins, Economic Development Manager, 575 -6274 SUMMARY EXPLANATION: This five -year agreement will continue the partnership between the City of Yakima and Yakima County Development Association (New Vision) for economic development services. Resolution: X Ordinance: Other (Specify): 'Contract: X Contract Term: Start Date: 01/01/14 End Date: 12/31/18 Item Budgeted: Yes Amount: $33,000 Funding Source /Fiscal Impact: Strategic Priority: Economic Development Insurance Required? No Mail to: Phone: APPROVED FOR • SUBMITTAL: City Manager RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Agreement with Yakima County Development ❑ Association for Economic Development Parternership 10/24/2013 Cover Memo Services ❑ ' Yakima County Development Association Agreement 10/24/2013 Cover Memo 2014 -2018 •