HomeMy WebLinkAboutR-1997-019 Agreement / Professional Services / Greater yakima Chamber of CommerceRESOLUTION NO. R-97- 13
A RESOLUTION authorizing the City Manager and the City Clerk of the City of
Yakima to execute a professional services agreement with the
Greater Yakima Chamber of Commerce, Inc. for the purpose of
fostering community development and citizen participation in
City government.
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 does not have enough employees with the time and
expertise to plan and implement beneficial community economic development
projects, and 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 Greater Yakima Chamber of Commerce staff possesses valuable
skill, 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 desires to engage the Chamber to develop programs to
enhance community economic development, citizen participation in the operation of
City government, and the improvement of the quality of life in Yakima, as described
within this agreement; and
WHEREAS, the City wishes to exercise authority granted under RCW 35.21.703
by contracting with the Chamber to foster community economic development; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to enter into an agreement with the Greater Yakima Chamber of Commerce,
Inc. in accordance with the terms and conditions of the attached agreement, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk of the City of Yakima are hereby
authorized and directed to execute the attached and incorporated "Public Sector
Professional Services Agreement" between the City and the Greater Yakima Chamber
of Commerce, Inc. The final agreement shall be approved as to form by the City
Attorney.
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ADOPTED BY THE CITY COUNCIL this 4th day of February
1997.
ATTEST:
Jam' (n.
City Clerk
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Lynn Buchanan, Mayor
GREATER YAKIMA CHAMBER OF COMMERCE, INC.
PUBLIC SECTOR PROFESSIONAL SERVICES AGREEMENT
WITH THE CITY OF YAKIMA, WASHINGTON
THIS AGREEMENT is entered into by CITY OF YAKIMA ("the City"), a
Washington municipal corporation, and the GREATER YAKIMA CHAMBER
OF COMMERCE, INC. (the "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 does not have enough employees with the time and
expertise to plan and implement beneficial community economic development
projects, and 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 Greater Yakima Chamber of Commerce staff possesses
valuable skill, 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 desires to engage the Chamber to develop programs
to enhance community economic development, citizen participation in the
operation of City government, and the improvement of the quality of life in
Yakima, as described within this agreement; and
WHEREAS, the City wishes to exercise authority granted under RCW
35.21.703 by contracting with the Chamber to foster community economic
development; and
WHEREAS, the City Council deems it to be in the best interest of the City
of Yakima to enter into an agreement with the Greater Yakima Chamber of
Commerce, Inc. in accordance with the terms and conditions of the attached
agreement, now, therefore,
NOW, THEREFORE, in consideration of these premises and of the
mutual covenants herein contained, the parties agree to the following:
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 the quality of life
in Yakima. The Chamber's efforts under this agreement shall conform to all
applicable federal, state, and local laws to all standards of professional skill,
competence, and care in the community economic development profession.
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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. The "Initiatives 2000" program as described in the Chamber's
supplemental budget request as it appears on pages 118 through 120 of the
City's 1996 Policy Issues/Preliminary Budget document and the Chamber's
Initiatives 2000 brochure which was submitted with the Chamber's
supplemental budget request, both of which documents are incorporated by
reference and constitute terms of this agreement as if set forth in full;
b. The "Leadership Yakima Program" which shall provide a
minimum of twenty (20) participants for 1996 who have sufficient exposure to
Yakima community affairs to make them desirable as appointees to City boards
and commissions;
c. The "Clean Up, Green Up Campaign" which shall encourage and
promote the health and welfare of Yakima through refuse removal.
2. DURATION OF CONTRACT. This agreement shall commence and be
retroactive to January 1, 1997, and shall terminate on December 31, 1997, but
may be renewed according to performance review and evaluation conducted by
the City Council during the yearly budget review process. The Chamber agrees
to make whatever time investments are required for the full completion of
projects and programs to foster community economic development, citizen
participation in the operation of city government, and the quality of life in
Yakima as contemplated by 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 Eight Thousand Eight Hundred Fifty Dollars ($8,850.00), which
amount shall be paid to the Chamber in two equal installments of Four
Thousand Four Hundred Twenty -Five Dollars ($4,425). 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 which are
the subject of this agreement. Each semi-annual report shall specifically detail
community economic development inquiries received by the Chamber, and
actions taken by the Chamber to foster community economic development,
citizen participation in the operation of city government, and the quality of life
in Yakima, and the results of those actions. The first semi-annual report shall
be due with the signature and return of this contract by the Chamber. The
second semi-annual report shall be due October 1, 1997.
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.
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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 agreement and to make available all information
reasonably required by any such evaluation process.
7. 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.
8. INSURANCE AND INDEMNIFICATION. The Chamber shall procure and
maintain at its own expense for the duration of this agreement 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 the Chamber, its
officers, agents, representatives, or employees.
The Chamber shall defend, indemnify, and hold the City of Yakima, and
its elected officials, officers, employees, and agents, harmless from any and all
liability arising out of acts or omissions of the Chamber during the performance
of this agreement.
9. NONDISCRIMINATION. During the performance of this agreement, the
Chamber 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 agreement.
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10. CONFLICT OF INTEREST. The Chamber -covenants that no officer,
employee or agent of the Chamber who exercises any functions or
responsibilities in connection with the planning and implementation f the
program funded herein, or any other person who presently exercises any
functions or responsibilities on behalf of the Chamber in connection with the
planning and implementation of the programs funded herein shall have any
personal financial interest, direct or indirect, in this agreement.
11. NOTICES. Whenever this agreement 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 the Greater Yakima Chamber of Commerce, Inc., P.O.
Box 1490, Yakima, WA 98907-1490, or the manager for the City, c/o City
Manager, City Hall, Yakima, WA 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.
12. WHOLE AGREEMENT. This agreement constitutes the whole and entire
agreement between the parties.
13. CHANGES. Either party may request changes to this agreement.
Proposed changes which are mutually agreed upon shall be incorporated by
written amendments to this agreement. No changes or additions to this
agreement shall be valid or binding upon either party unless such change or
addition be in writing and executed by both parties.
14. 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.
15. ASSIGNMENT. The Chamber shall not assign any of its duties under
this agreement without the prior written consent of the City.
16. SEVERABILITY. In the event any portion of this agreement is found to
invalid, the parties intend to enforce the remainder of the agreement.
17 GOVERNING LAW. This agreement shall be governed by and construed
in accordance with the laws of the State of Washington.
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18. VENUE. The venue for any action to enforce or interpret this akreelifeht
shall lie in the Superior Court of Washington for Yakima County, Washington.
DATED this '<"i day of Nictre-- , 1997.
CITY OF YAKIMA GREATER YAKIMA CHAMBER
OF COMMERCE, INC.
R. A. ZAIS, JR.
City Manager
ATTEST
City Clerk 3/)- 7
City Contract No.: 97-30
RESOLUTION NO. R-97-19
Signature
/vva-
Name
-
Title
Date
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. =� '
For the meeting of Feb. 4, 1997
ITEM TITLE: Legislation authorizing execution of Agreements for Contractual Services
SUBMITTED BY: Department of Finance & Budget
CONTACT PERSON/TELEPHONE: John R. Hanson, Director / 575- 670
SUMMARY EXPLANATION:
During the Budget review and adoption process, the City Council approved expenditure
authorizations for several contractual programs provided by outside agencies.
The attached contractual agreements with the Yakima Sunfair Association and Yakima Chamber
of Commerce provide the terms and conditions and City receivables which must be achieved by
the agency to receive payment under the contract. The contracts are very similar to prior year
agreements. The 1997 contract amount for Yakima Sunfair Association is $1,000; the Yakima
Chamber of Commerce is $8,850.
Resolution X Ordinance Contract _ Other (Specify) Agreement
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Staff recommends passage of Resolution and authorize
execution of the agreements..
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Legal/BD 1
Agenda JH
Resolution adopted. RESOLUTION NO. R-97-19
Resolution adopted. RESOLUTION NO. R-97-20
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