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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. (1k)res/chamber of commerce.pm ADOPTED BY THE CITY COUNCIL this 4th day of February 1997. ATTEST: Jam' (n. City Clerk (1k)res/chamber of commerce.pm 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. Page - 1 «Ichambofmmc,,.pm 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. Page - 2 (1k)chamber of commerce/agr.pm 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. Page - 3 (Ik)chasobeof commerce/ ar.pm 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. Page - 4 c b mb o me/agr.pm 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 [B�