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HomeMy WebLinkAboutR-2015-048 Economic and Business Development Promotion and Marketing Agreement with the Hispanic Chamber of CommerceA RESOLUTION RESOLUTION NO. R-2015-048 authorizing the City manager to execute and administer an agreement between the Hispanic Chamber of Commerce of Yakima County and the City for promotion of economic and business development within the City of Yakima. WHEREAS, The City desires to contract with the Hispanic Chamber for the promotion and marketing of economic and business development and tourism activities, opportunities and programs within the City; and WHEREAS, The Hispanic Chamber is a nonprofit corporation with charitable tax exempt status under Internal Revenue Code §501(c) (3), with offices located at 22 S. 3rd Avenue, Yakima, Washington 98902, whose primary purpose is to promote business development and provide economic opportunities for Hispanic businesses and community development in neighborhoods within the City of Yakima; and WHEREAS, the parties agree that the Hispanic Chamber will administer the funds and activities described in the Agreement attached hereto and incorporated herein by this reference to promote economic development, business activities and tourism within the City in accordance with the terms and conditions of this Agreement; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated professional services agreement with the Hispanic Chamber of Commerce of Yakima County for $20,000. ADOPTED BY THE CITY COUNCIL this 7th day of April, 2015. ATTEST: /d1, Micah Cawley, Mayor YAKIMA ECONOMIC DEVELOPMENT MARKETING AGREEMENT By and Between CITY OF YAKIMA And Hispanic Chamber of Commerce of Yakima County THIS YAKIMA ECONOMIC DEVELOPMENT MARKETING AGREEMENT (hereinafter the "Agreement") is executed by and between the City of Yakima, Washington, a municipal corporation (hereinafter the "City") and Hispanic Chamber of Commerce of Yakima County, a Washington nonprofit corporation (hereinafter the "Hispanic Chamber"). I. Recitals A. The City desires to contract with the Hispanic Chamber for the promotion and marketing of economic and business development, and tourism activities, opportunities and programs within the City. B. The Hispanic Chamber is a nonprofit corporation with charitable tax exempt status under Internal Revenue Code §501(c) (6), with offices located at 22 S. 3rd Avenue, Yakima, Washington 98902, whose primary purpose is to promote business development and provide economic opportunities for Hispanic businesses and community development in neighborhoods within the City of Yakima. C. The parties agree that the Hispanic Chamber will administer the funds and activities described below to promote economic development, business 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, the City and the Chamber agree as follows: 1. Payment of Funds by City. In compensation for the services provided by the Hispanic Chamber under this Agreement, the City shall pay the Chamber an Administration Fee upon City's approval of the Action Plan provided in Section 4 below. The amount of the Administration Fee shall be up to Twenty Thousand Dollars ($20,000.00), Fifteen Thousand Dollars ($15,000.00) of which shall be payable in lump 1 sum for the following services (as further defined below and in Exhibit "A", Scope of Services, attached hereto): Marketing Outreach Promote 2015 Cinco de Mayo Downtown Promote Yakima Airport Campaign $10,000 $ 5,000 $ 5,000 The amount designated for payment for performance of the "Friends of Flight" Airport Campaign is contingent upon and payable at such time as (a) the award to the City, and acceptance by City, of a Small Community Air Service Development Grant from the U.S. Department of Transportation, and (b) the issuance by City to Hispanic Chamber of a written notice to proceed with the "Friends of Flight" Campaign. City may require any request for payment to be supported by documentation of services performed in accordance with the Scope of Services set forth in Exhibit "A" and the Action Plan. In the event that this Agreement is terminated prior to expiration of the one- year term of this Agreement, the Hispanic Chamber shall remit to the City any unearned portion of the Administrative Fee as set forth in Section 5 below. 2. Term of Agreement. This Agreement shall commence upon approval and execution of this Agreement by both parties and shall terminate at midnight April 30, 2016. 3. Scope of Services. The Hispanic Chamber shall use the funds received from the City to perform and administer the services and functions set forth in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by this reference. 4. Hispanic Chamber's Action Plan, Proposed Budget and Reports. The Scope of Services includes an action plan set forth in Exhibit "A" and describes the programs and timelines for performance of the services set forth in the Scope of Services. The Hispanic Chamber will consult with City in the performance of such Action Plan as necessary, and City reserves the right to require modifications of such Action Plan if the City determines that such modifications are reasonably necessary to accomplish the purposes of this Agreement. The Hispanic Chamber will prepare and provide to City written quarterly reports listing and describing the Hispanic Chamber's events, plans, programs and timelines to provide the services described in the Scope of Services and Action Plan and a description of the actual events held, their effect and outcome. No portion of the Administration Fee shall be used by Hispanic Chamber for capital expenditures or for the purchase of capital assets. 2 5. 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, the Hispanic Chamber will remit any unearned or uncommitted portion of the Administration Fee together with documentation supporting the previous expenditure or commitment of funds incurred in the performance of the Scope of Services occurring prior to the effective date of termination. "Commitment of funds" means those funds necessary to defray costs of any contracts with third parties entered into by Hispanic Chamber 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, the Hispanic Chamber shall use best efforts to terminate any contract for the sole benefit of City entered into by Chamber for the sole benefit of City unless otherwise directed in writing by City. 6. Property and Equipment. The parties do not intend to purchase property and equipment with the proceeds paid to Hispanic Chamber pursuant to this Agreement. 7. Records and Accounts. The Hispanic Chamber 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 Hispanic Chamber 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 Hispanic Chamber 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. 8. Insurance. It is understood the City does not maintain liability insurance for the Hispanic Chamber and/or its officers, employees, agents and/or subcontractors. 9. Hold Harmless. a. The Hispanic Chamber 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 3 disbursements) caused by or occurring by reason of any negligent act and/or omission of the Hispanic Chamber, its officers, employees, agents, and/or subcontractors, arising out of or in connection with duties, obligations, and services required of the Hispanic Chamber under this Agreement. b. In the event that both the Hispanic Chamber and the City are negligent, the Hispanic Chamber'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 Hispanic Chamber, 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. 10. Independent Contractor. In performing this Agreement, the Hispanic Chamber 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 Hispanic Chamber 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 Hispanic Chamber 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. 11. Taxes and Assessments. The Hispanic Chamber 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 Chamber under this Agreement, the Hispanic Chamber shall pay the same before it becomes due. 12. Nondiscrimination. During the performance of this Agreement, the Hispanic Chamber shall not discriminate on the basis of age, sex, race, creed, and religion, and color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under 4 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 provision of services under this Agreement. The Hispanic Chamber agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. 13. The Americans with Disabilities Act. The Hispanic Chamber 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. 14. Compliance with Law. The Hispanic Chamber 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. 15. Assignment. This Agreement or any interest therein, or claim hereunder, shall not be assigned or transferred in whole or in part by the Hispanic Chamber 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 Hispanic Chamber as stated herein. 16. 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 5 Agreement upon thirty (30) calendar days' advance written notice to the other party. 17. 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. 18. 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: Tony O'Rourke, City Manager City of Yakima 129 North 2nd Street Yakima, Washington 98901 To the Chamber: Rafael Gomez, President Hispanic Chamber of Commerce of Yakima County 22 S. 3rd Avenue Yakima, Washington 98902 Mailing: P.O. Box 11146 Yakima, Washington 98909 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. 19. 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. 20. 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 6 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. 21. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 22. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 23. 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 B;111111 # Tony O'Rouike, City Manager HISPANIC CHAMBER OF COMMERCE OF YAKIMA COUNTY Date: 'y - `1 , 2015 By: ATTEST: By: Luz Bazan Gutierrez, Secretary te: Sonya ClaaklTee, City Clerk CITY CONTRACT NO: -7 d / 5- 678 7 RESOLUTION NO: e' D S- 0 y le 7 J- 3 O - , 2015 EXHIBIT "A" — SCOPE OF SERVICES Yakima Chamber of Commerce of Yakima County As a declaration to our vision, the Hispanic Chamber of Commerce of Yakima County ("Hispanic Chamber') is an organization that promotes business developments in neighborhoods with special emphasis on downtown Yakima to grow a community of inclusion for all. We need the support of the City of Yakima to reach out to the downtown neighborhoods to create a vibrant an inclusive downtown. TASKS, TIMELINES AND COMPENSATION: Market Outreach Collaboration: $10,000.00 • Hispanic Chamber intends to educate and communicate City wide events and news parking, safety, events, and business development. • Informational meetings, luncheons, forum to share information about city issues Luncheons will he held every other month on Wednesdays and will allow City of Yakima informational presentations on dates mutually agreed by the Hispanic Chamber and City staff • Promote city business opportunities, through direct chamber email and social marketing platforms • Six city mini newsletters in Spanish & English about city features "Message from the City," for the months of April, May, June, September, November 2015, and January 2016 • Links to city websites, social media etc • Legislative forums to include information about city issues Friends of Flight Campaign $5,000.00 The "Friends of Flight" Campaign is contingent upon the award to the City of a Small Community Air Service Development Grant from the U S Department of Transportation If such grant is awarded and received by the City, the City will give Chamber a written notice to proceed with the "Friends of Flight" Campaign component described below Chamber intends to work with airport efforts of business travel with service out of Yakima by refreshing the ideas of the Yakima Airport as a viable option for service to Yakima The services currently offered seem to not meet the needs of the community The Hispanic Chamber will strive to change this mindset by doing surveys of Hispanic owned businesses in regard to their travel needs Provide surveys during luncheon to gain input from Hispanic community and others Press releases and PSA announcements will be sent to media and posted on the website The Hispanic Chamber is able to reach the Hispanic demographics within the City of Yakima to better 1 inform them about the best and more economically means of travel in order to continue and expand service out of Yakima. If given notice to proceed by the City and Hispanic Chamber will prepare a marketing plan, promote, execute, educate and encourage our community to exemplify the FLY YKM model - including but not limited to forums, contests, luncheons devoted to our community supporting local commerce Upon authorization from City, Hispanic Chamber, will commence the activities above and perform for the term of this Agreement. *Performance of this task, and the payment of funds allocated for the "Friends of Flight" Campaign are only payable if (a) the City receives The Small Community Air Service Development Grant from the U.S. Department of Transportation described above, and (b) issuance by City to the Chamber of a written notice to proceed with the "Friends of Flight" program. Marketing Campaign for 2015 Cinco de Mayo Cultural Fiesta $5,000.00 • Increase promotion of the downtown cultural fiesta through press releases, PSA's, ect. • Increase Radio advertising of event to reach a larger audience within the City and surrounding cities and towns Weekly infomercials will be done to promote event and other city related news • Promote the City of Yakima as a tourist destination for cultural events in downtown • Develop and distribute printed marketing material to all business, convention center, visitors center, and do outreach to hotels to inform guests of event taken place in the downtown area • Advertise to local downtown businesses to promote and engage their participation in the event at various levels • Increase social media marketing with weekly notices and snit -bits of news, progress of planning, city updates, etc 2 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 16. For Meeting of: April7, 2015 ITEM TITLE: Resolution authorizing an agreement between the Hispanic Chamber of Commerce of Yakima County and the City for promotion of economic and business development within the City of Yakima SUBMITTED B Y: Sean Hawkins, Economic Development Manager 575-6274 SUMMARY EXPLANATION: As part of this agreement, the Hispanic Chamber of Commerce will assist the City in three key initiatives: 1) Market Outreach - $10,000 —the Chamber intends to educate and communicate City wide events and news, downtown public and employee availability parking, community safety, and business development through their regular communication efforts including monthly meetings, enewsletter and website. 2) Friends of Flight - $5,000 - the Chamber will use its communication outlets (website, enewsletter and monthly meetings) to promote the City's FLY YKM program to increase air service opportunity from the Yakima Air Terminal. 3) Marketing Campaigns for 2015 Cinco De Mayo Cultural Fiesta - $5,000 — the Chamber will use a variety of avenues to advertise the 2015 Cinco De Mayo event to the region including radio and social media. Resolution: X Other (Specify): Contract: X Start Date: 04/07/2015 Item Budgeted: Yes Funding Source/Fiscal Imp act: Strategic Priority: Insurance Required? No Mail to: Phone: Ordinance: Contract Term: 1 year End Date: 04/30/2016 Amount: $20,000 Economic Development APPROVED FOR SUBMITTAL: 4,41 City Manager RECOMMENDATION: The Council Economic Development Committee (Cawley, Coffey, Dittmar) recommended this be moved to the full Council at its March 26, 2015 meeting. Dittmar was absent from the committee meeting. ATTACHMENTS: Description Upload Date ❑ Hispanic Chamber Resolution 3/31/2015 ❑ Hispanic Chamber Agreement 3/31/2015 13 Hispanic Chamber Agreement Exhibit A 3/31/2015 Type Cover M emo Cover M emo Cover M emo