HomeMy WebLinkAboutR-2004-084 2004 Greater Yakima Chamber of Commerce, Inc. AgreementRESOLUTION NO. R-2004- F14
A RESOLUTION authorizing the City Manager 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 economic
development, citizen participation in City government, and improvement
of the quality of life in Yakima.
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 the human resources to plan and implement
beneficial community economic development projects and 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 possess valuable skills,
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 in the attached agreement;
and
WHEREAS, the, City desires to exercise its 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
engage 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 of the City of Yakima is hereby authorized and directed to execute
the attached and incorporated "Greater Yakima Chamber Of Commerce, Inc. Public Sector
Professional Services Agreement With The City Of Yakima, Washington" between the City and
the Greater Yakima Chamber of Commerce, Inc. for the purpose of fostering community
economic development, citizen participation in city government, and improvement of the
quality of life in Yakima.
ADOPTED BY THE CITY COUNCIL this 7 7no day of June, 04.
ATTEST: f'aul P. George, Mayor
City Clerk
(1k)res/chamber of comm-04.sm
GREATER YAKIMA CHAMBER OF COMMERCE, INC.
PUBLIC SECTOR PROFESSIONAL SERVICES AGREEMENT
WITH THE CITY OF YAKIMA, WASHINGTON
THIS PROFESSIONAL SERVICES AGREEMENT (heremafter "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 improve
the quality of life in Yakima; and
WHEREAS, the City does not have the human resources 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 the authority granted to it by RCW 35.21.703 to
contract 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 to improve 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 improving 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 2004" program as described in the Chamber's Initiatives 2004
brochure, which document is incorporated herein by this reference;
b. The "Leadership Yakima Program" which shall provide a minimum of twenty
(20) participants for 2004 who have sufficient exposure to Yakima community affairs to make
them desirable as appointees to City boards and commissions;
c. "Community Pride Month" which shall encourage and promote the health and
welfare of Yakima through refuse removal and beautification.
2. DURATION OF CONTRACT. This Agreement shall commence and be retroactive to
January 1, 2004, and shall terminate at midnight, December 31, 2004, unless terminated sooner
in accordance with Section 18 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 Five
Thousand and Nine Hundred Dollars ($5,900.00), which amount shall be paid to the Chamber
in two equal installments of Two Thousand and Nine Hundred and Fifty Dollars ($2,950.00).
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 that 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 improvement of the quality of life in Yakima, as well as 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, 2004.
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 that 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.
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.
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c. If the Chamber has 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
and/or its agent(s) in the City's annual review and evaluation of the Chamber's performance
under this Agreement and to make available all information reasonably required during 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 with a minimum
liability limit of One Million Dollars ($1,000,000.00) per occurrence combined single limit bodily
injury and property damage, and One Million Dollars ($1,000,000.00) general aggregate. The
certificate shall clearly state who the provider is, the amount of coverage, the policy number,
and when the policy and provisions provided are in effect. 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. If the City is damaged
by the failure of the Chamber to maintain the above insurance or to so notify the City, then the
Chamber shall bear all costs attributable thereto.
8. INDEMNIFICATION. The Chamber shall protect, defend, indemnify, exonerate, and
hold harmless the City of Yakima, and its elected officials, officers, 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
disbursements) arising out of acts or omissions of the Chamber related to this Agreement.
9. INDEPENDENT CONTRACTOR STATUS OF CHAMBER. The Chamber and the
City understand and expressly agree that the Chamber is an independent contractor in the
performance of each and every part of this Agreement. The Chamber, as an independent
contractor, assumes the entire responsibility for carrying out and accomplishing the services
required under this Agreement. Additionally, and as an independent contractor, the Chamber
and its employees shall make no claim of City employment nor shall claim against the City any
related employment benefits, social security, and/or retirement benefits. Nothing contained
herein shall be interpreted as creating a relationship of servant, employee, partnership or
agency between the Chamber or any officer, employee or agent of the Chamber and the City.
10. TAXES AND ASSESSMENTS. Taxes and Assessments. The Chamber shall be
solely responsible for compensating its employees 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
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event the City is assessed a tax or assessment as a result of this Agreement, the Chamber shall
pay the same before it becomes due.
11. NONDISCRIMINATION. During the performance of this Agreement, the Chamber
shall not discriminate in violation of any applicable federal, state, and/or local law or
regulation 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
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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.
18. 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)
calendar 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.
19. SURVIVAL. Any provision of this Agreement that 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. 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
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.
DATED this day of June, 2004.
CITY OF YAKIMA GREATER YAKIMA CHAMBER
R. A. ZAIS, JR.
City Manager
Date:
ATTEST
City Clerk
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CITY CONTRACT NO:
RESOLUTION NQ:
OF COMMERCE, INC. •
GAR WEB 3 ER
President, CEO
Date:
Date:
D «- 7V
1
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RCW 70.94.093
Methods for determining proportion of supplemental income to be paid by component cities,
towns and counties — Payment.
(1) Each component city or town shall pay such proportion of the supplemental income to the authority
as determined by either one of the following prescribed methods or by a combination of fifty percent of
one and fifty percent of the other as provided in subsection (1)(c) of this section:
(a) Each component city or town shall pay such proportion of the supplemental income as the assessed
valuation of property within its limits bears to the total assessed valuation of taxable property within the
activated authority.
(b) Each component city or town shall pay such proportion of the supplemental income as the total
population of such city or town bears to the total population of the activated authority. The population of
the city or town shall be determined by the most recent census, estimate or survey by the federal bureau
of census or any state board or commission authorized to make such a census, estimate or survey.
(c) A combination of the methods prescribed in (a) and (b) of this subsection: PROVIDED, That such
combination shall be of fifty percent of the method prescribed in (a) of this subsection and fifty percent
of the method prescribed in (b) of this subsection.
(2) Each component county shall pay such proportion of such supplemental income to the authority as
determined by either one of the following prescribed methods or by a combination of fifty percent of
one and fifty percent of the other as prescribed in subsection (2)(c) of this section
(a) Each component county shall pay such proportion of such supplemental income as the assessed
valuation of the property within the unincorporated area of such county lying within the activated
authority bears to the total assessed valuation of taxable property within the activated authority.
(b) Each component county shall pay such proportion of the supplemental income as the total population
of the unincorporated area of such county bears to the total population of the activated authority. The
population of the county shall be determined by the most recent census, estimate or survey by the federal
bureau of census or any state board or commission authorized to make such a census, estimate or survey.
(c) A combination of the methods prescribed in (a) and (b) of this subsection: PROVIDED, That such
combination shall be of fifty percent of the method prescribed in (a) of this subsection and fifty percent
of the method prescribed in (b) of this subsection.
(3) In making such determination of the assessed valuation of property in the component cities, towns
and counties, the board shall use the last available assessed valuations. The board shall certify to each
component city, town and county, prior to the fourth Monday in June of each year, the share of the
supplemental income to be paid by such component city, town or county for the next calendar year. The
latter shall then include such amount in its budget for the ensuing calendar year, and during such year
shall pay to the activated authority, in equal quarterly installments, the amount of its supplemental share.
[1969 ex.s. c 168 § 9; 1967 c 238 § 17 ]
http://search.leg.wa.gov/pub/textsearch/ViewHtml. asp?Action=Html&Item=l &X=617132... 6/17/2004
BUSINESS OF THE CITY COUNCIL
YAIIMA, WASHINGTON
AGENDA STATEMENT
A'
Item No.
For Meeting OE 6/22/04
ITEM TITLE: A Resolution authorizing execution of an agreement with the
Greater Yakima Chamber of Commerce
SUBMITTED BY: Finance and Budget Department
Legal Department
CONTACT PERSON/TELEPHONE: Cindy Epperson, Financial Services Mgr. 575-6070
SUMMARY EXPLANATION:
As part of the 2004 Budget process, 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 2004, and details the
terms and conditions the agency must provide to receive compensation under the
contract.
As described in the attached contract, the Chamber is committing to "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
2004 budget includes $5,900 to support the Chamber's Initiatives 2004, Leadership
Yakima, and Community Pride programs.
}Resolution X Ordinance Other (Specify)
Contract X Mad to (name and address):Gary Webster, P.O. Box 1490, 10 N. 9th St.,
Yakima, WA 98907
Funding Source: Intergovernmental Section of General Fund Budget,
APPROVED FOR SUBMITTAL: L/.f
City Manager
STAFF RECOMMENDATION: Adopt Resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. 2004 - 84