HomeMy WebLinkAboutR-1998-055 Agreement / Greater Yakima chamber of Commerce / Finance•
RESOLUTION NO. R-98-5 5
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,
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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.
S7
ADOPTED BY THE CITY COUNCIL this di day of 4PgA
1998.
ATTEST:
City Clerk
(U)nus /. hnmher of : ommen a -98 -pm
John Puccinelli, Mayor
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GREATER YAKIMA CHAMBER OF COMMERCE, INC.
PUBLIC SECTOR PROFESSIONAL SERVICES AGREEMENT
WITH THE CITY OF YAKIMA, WASHINGTON
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made
and entered into by and between the CITY OF YAKIMA (hereinafter the "City"), a Washington
municipal corporation, and the GREATER YAKIMA CHAMBER OF COMMERCE, INC.
(hereinafter 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 wishes to exercise authority granted under RCW 35.21.703 by
contracting with the Chamber to foster community economic development; 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 in accordance with the terms and
conditions of this Agreement.
NOW, THEREFORE, in consideration of these premises and of the mutual covenants,
promises, and agreements set forth herein, it is agreed by and between the City and the
Chamber as follows:
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, and to all standards of
professional skill, competence, and care in the community economic development profession.
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:
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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 1998 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 1998 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, 1998, and shall terminate on December 31, 1998, unless terminated sooner in
accordance with Section 16 of this Agreement. 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 and Fifty Dollars ($8,850.00), which amount shall be paid to the
Chamber in two equal installments of Four Thousand Four Hundred and Twenty Five Dollars
($4,425.00). 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, 1998.
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.
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.
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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. INSURANCE. On or before the effective date of this Agreement, the Chamber shall
provide the City with a certificate of insurance as proof of liability insurance in the amount of
One Million Dollars ($1,000,000.00) that clearly states who the provider is, the amount of
coverage, the policy number, and when the policy and provisions provided are in effect (any
statement in the certificate to the effect of "this certificate is issued as a matter of information
only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in
effect for the duration of this Agreement. The policy shall name the City, its elected officials,
officers, agents, and employees as additional insureds, and shall contain a clause that the
insurer will not cancel or change the insurance without first giving the City thirty (30) calendar
days prior written notice (any language in the clause to the effect of "but failure to mail such
notice shall impose no obligation or liability of any kind upon the company" shall be crossed
out and initialed by the insurance agent). The insurance shall be with an insurance company or
companies rated A -VII or higher in Best's Guide and admitted in the State of Washington.
8. INDEMNIFICATION. The Chamber shall defend, indemnify, and hold harmless the
City of Yakima, and its elected officials, officers, employees, and agents 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, national origin, creed, marital
status, political affiliation, or the presence of any sensory, mental or physical handicap. 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 employment training, or in the administration or delivery of
services or any other benefits under this Agreement.
10. 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
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Agreement, notwithstanding any other provision contained herein, and the Chamber shall
repay to the City any funds transferred in violation of this Section.
11. INTEGRATION. 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 and of no further force and effect upon the
execution and delivery hereof.
12. CHANGES. Either party may request changes to this Agreement but no proposed
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.
13. ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned or
transferred in whole or in part by the 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 Chamber
stated herein.
14. NON -WAIVER. The waiver of either the City or the Chamber of the breach of any
provision of this Agreement by the other party shall not operate and/or be construed as a
waiver of any subsequent breach by either party or prevent either party thereafter enforcing
such provision.
15. SEVERABILITY. If any portion of this Agreement is changed per mutual agreement or
any portion is held invalid, the remainder of the Agreement shall remain in full force and
effect.
16. 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.
17. NOTICES. Unless stated otherwise herein, all notices and demands shall be in writing
and sent to the parties to their addresses as follows:
TO CITY:
TO CHAMBER:
R. A. Zais, Jr. City Manager
128 N. 2nd St.
Yakima, WA 98901
Gary Webster, President/CEO
P.O. Box 1490
10 North 9th Street
Yakima, WA 98907
18 GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
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19. VENUE. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
DATED this day of ,1998.
CITY OF YAKIMA
R. A. ZAIS, JR.
City Manager
�µ �J
Date:vi Y" / 1 St"
GREATER YAKIMA CHAMBER
OF COMMERCE, INC.
President, CEO
t 'r/
Date:
City Contract No.: 98-50
Resolution No.: R-98-55
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ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
A Resolution authorizing execut
Greater Yakima Chamber of C
Item No. t
For Meeting Of 4/21/98
n of an agreement with the
erce
Finance and Budget Department
Legal Department
CONTACT PERSON/
TELEPHONE:
John Hanson, Director of Finance and Budget/575-6070
Paul McMurray, Legal Department/575-6030
SUMMARY EXPLANATION:
As part of the 1998 Budget, the City Council provided budget authority for continuation of
the City's relationship with the Greater Yakima Chamber of Commerce. The attached
resolution and contract formalize the agreement for 1998, and details the terms and
conditions the agency must provide to receive compensation under the contract.
Resolution X Ordinance Contract X Other (Specify) Contract
Funding Source
APPROVED FOR SUBMITTAL:
ity Manager
STAFF RECOMMENDATION: Adopt Resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Fin & Budg
Agenda/Chamber 4/98