HomeMy WebLinkAbout02232017 Council ED PacketCouncil Economic Development
Committee
Mpmhprs-
Councilmember Coffey
Councilmember A. Gutierrez
Councilmember Cousens
Action Items:
CED Conference Room
City Hall
February 23, 2017
1:30 p.m.
Staff: Others:
Cliff Moore, City Manager
Sean Hawkins, Economic Development
Manager
Rob Peterson, Airport Manager
Joan Davenport, Director of Community
Development
Colleda Monick, Economic Development
Assistant
Agenda
1. Economic Plan Update
2. Apprenticeship Resolution
3. Craft Beverage Yakima update and 2017 Professional Services Agreement
4. Special Event Support
5. RECON 2017
6. Housing Tax Incentive — Mills Building (Former Nordstroms)
Council Economic Development
Committee
Planning Conference Room
City Hall
January 12t'', 2017
1:30 p.m.
Members: Staff:
Councilmember Coffey Cliff Moore, City Manager
Councilmember Adkison Sean Hawkins, Economic Development
Manager
Colleda Monick, Economic
Development Assistant
Executive Minutes
Others:
Maria Rodriguez
Luz Gutierrez
Jonathan Smith
• Adoption of Economic Development Plan
Hawkins presented the finalized strategic plan, and outlined the process for sharing it
with full Yakima City Council as well as a timetable for sharing it with partner
organizations. Councilmember Coffey requested a slight modification to the plan's work
statement which was accepted by the group and will be put into action prior to full
council presentation.
Councilmember Adkison moved to bring the Yakima Economic Development Strategic Plan to full
council. Councilmember Coffey seconded. Motion carries.
• 100 East Chestnut/Tieton Hotel Housing Incentive Application
Hawkins updated the committee to a new housing project currently underway at 100
east Chestnut. This project includes $2 million dollars of private investment to develop
the building into a new multi -use space. The building will include sixteen market rate
apartments, a restaurant space, as well as retail space. The applicant is seeking the
eight year tax abatement incentive.
Councilmember Coffey moved to bring the housing incentive application to the full council
meeting. Councilmember Adkison seconded. Motion carries.
• Scoring Incubator RFQs for Final Vendor Selection
Hawkins provided an update to councilmembers that the council approved RFQ for the
incubator was sent out 1/11/2017 to over 100 firms in Washington State. In addition,
Hawkins shared the proposed timetable for executing the RFQ process in order to be
compliant with the CERB requirements. Councilmember Coffey made a
recommendation to finalize committee for interviews with selected firms using the core
working group from the strategic plan.
Update Items
Apprenticeship Program - Moore updated the committee that the apprenticeship plan
is moving forward.
RESOLUTION NO. R -2017-
A RESOLUTION establishing Apprenticeship Utilization as an optional supplemental
bidder criteria requirement for particular City of Yakima public works
projects exceeding $300,000.
WHEREAS, a highly skilled workforce is essential for enhanced economic growth
and continued prosperity for workers throughout Yakima County; and,
WHEREAS, journey level construction workers are retiring in numbers greater
than the number of applicants to replace them creating a shortage of skilled construction
workers; and,
WHEREAS, to address this "skill gap" of skilled construction workers; the hiring
of new and/or underrepresented workers within the local community is needed in
providing real and meaningful opportunities to high quality construction careers; and,
WHEREAS, apprenticeship programs are an effective means for providing
training and experience to individuals seeking to enter or advance in the workforce,
offering the unique opportunity to earn living wages and receive excellent benefits while
acquiring valuable, marketable skills; and,
WHEREAS, requiring participation in apprentice programs will provide retraining
and job opportunities for community members; promoting a viable workforce in the
construction trades into the future; and,
WHEREAS, actions by the Washington State Apprenticeship and Training
Council have made apprenticeships more widely available in the construction industry;
and,
WHEREAS, the use of apprentices enrolled in an apprenticeship program
approved by the Washington State Apprenticeship and Training Council ensures proper
training and compliance with employment and wage regulations; and,
WHEREAS, the City of Yakima is committed in promoting Apprenticeship
Utilization requirements for particular City of Yakima public works projects exceeding
$300,000; and,
WHEREAS, public works projects are defined as all work, construction,
alteration, repair or improvement other than ordinary maintenance executed at the cost
of the state or of any municipality, or which is by law a lien or charge on any property
therein; and,
WHEREAS, the 2007 Washington State legislature established mandatory bidder
responsibility criteria in amending RCW 39.04.010 and creating a new section RCW
39.04.350 authorizing municipalities to develop optional supplemental bidder
responsibility criteria applicable to particular public works projects; and,
WHEREAS, RCW 39.04.350 is an optional supplemental bidder criteria that
describes the relevant experience, training, and/or certification requirements or
qualifications that must be met by the low bidder to be awarded a public works contract;
and,
WHEREAS, supplemental bidder criteria illustrates a municipality's support for
contractors who are both complying with established standards and laws and who
provide the lowest bids; ensuring public dollars are being awarded to responsible
bidders further illustrates the municipality's support and commitment for the health,
safety and prevailing wage compliance on public works projects; and,
WHEREAS, apprentice utilization is an acceptable supplemental bidder criteria
that can be implemented by the City at the discretion of the City Engineer; and,
WHEREAS, the City of Yakima acknowledges that a well-trained construction
work force is critical to successful construction of public works projects, and
apprenticeship training programs are effective in providing training and experience to
individuals seeking to enter or advance in the work force; and,
WHEREAS, by providing for apprentice utilization on public works projects, the
City can create opportunities for training and experience that will help assure a properly
trained work force is available locally for future public works projects; and, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to establish apprentice utilization as an
optional supplemental bidder criteria requirement to be implemented at the discretion of
the City Engineer for particular City of Yakima public works projects exceeding
$300,000, now, therefore,
ADOPTED BY THE CITY COUNCIL this day of 2017.
Kathy Coffey, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
ECONOMIC DEVELOPMENT
AND PROMOTION AGREEMENT
By and Between
CITY OF YAKIMA
And
CRAFT BEVERAGE YAKIMA
This ECONOMIC DEVELOPMENT AND PROMOTION AGREEMENT (hereinafter the
"Agreement") is executed by and between the City of Yakima, Washington, a municipal
corporation (hereinafter the "City") and Craft Beverage Yakima, a Washington nonprofit
corporation (hereinafter the "Association").
I. Recitals
A. The City has a deep and abiding interest in the promotion and development
of unique economic growth opportunities.
B. The City has expended significant resources toward the promotion of local
craft beverage and assisted in the creation of Craft Beverage Yakima.
C. The City desires to contract with the Association for the development and
promotion of economic development, tourism and recreational activities, opportunities
and programs within the City.
D. The Association understands that 2017 would be the final year the City of
Yakima would provide supporting funds for the organization.
E. The parties agree that Association will administer the funds and activities
described below to promote economic development, recreational 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, together with the recitals set forth above and incorporated herein in their
entirety, the City and the Association agree as follows:
1. Payment of Funds by City. In compensation for the services provided by
the Association under this Agreement, the City shall pay the Association an
1
Administration Fee. The amount of the Administration Fee shall be $5,000.00 payable by
May 1, 2017.
2. Term of Agreement. This Agreement shall commence March 7, 2017
following full execution by the parties and shall terminate at midnight, December 31, 2017.
3. Scope of Services. The Association shall use the funds received from the City
to promote the City's offerings of unique Craft Beverage tourism opportunities. The
"promotion of the City's offerings and unique Craft Beverage tourism opportunities"
includes activities and expenditures designed to increase tourism, recreational use and
economic development, including but not limited to advertising, publicizing, or otherwise
distributing information for the purpose of attracting and welcoming tourists, promoting
recreational opportunities and City based events, cooperating with tourism destination
marketing organizations and other persons, organizations and public or private agencies
promoting economic development opportunities within the City.
By way of illustration, the programs and services to be provided by the Association as
part of the Association's Action Plan include, but are not limited to, the following:
It is the primary goal of the organization to attract visitors to Yakima to visit their
businesses.
• Focus will be on millennials in Seattle, delivering the message that Yakima is a
fun, relaxing, sunny place where you can have a "farm to glass" experience and
"meet the makers."
• Our preliminary budget includes a $2,500 ad buy with SIP Magazine (a
Washington State beverage magazine & website) and a $6,000 ad buy with Seattle
Magazine/Website focused in May/June to encourage summer travel.
• We will be supporting these two campaigns with a printed map that will be available
at our businesses, plus supplemental materials to include other printed collateral,
our website, and social media.
• We are leveraging your $5,000 investment with other sponsorships, the CBY Walk
fundraiser, and member investments, bringing our total budget to $19,500, all of
which will be spent promoting Yakima as a tourist destination.
4. 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, City shall have no further obligation to pay
any remaining funds to Association except for those funds necessary to defray costs of
any contracts with third parties entered into by Association for the sole benefit of City as
2
set forth in the Action Plan. Notwithstanding the above, upon termination of this
Agreement by City pursuant to this Section 5, Association shall use best efforts to
terminate any contract for the sole benefit of City entered into by Association for the sole
benefit of City unless otherwise directed in writing by City. In the event of early termination
of this Agreement Association shall reimburse City any unexpended funds paid to
Association under this Agreement.
5. Property and Equipment. The parties do not intend to purchase property and
equipment with the proceeds paid to Association pursuant to this Agreement. Unless
otherwise agreed, any property and equipment purchased by Association shall remain
the property of Association.
6. Records and Accounts. The Association 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
Association 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 Association 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.
7. Insurance. It is understood the City does not maintain liability insurance for the
Association and/or its officers, employees, agents and/or subcontractors.
8. Hold Harmless.
a. The Association 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 disbursements) caused by or occurring by
reason of any negligent act and/or omission of the Association, its officers,
employees, agents, and/or subcontractors, arising out of or in connection
with duties, obligations, and services required of the Association under
this Agreement.
3
b. In the event that both the Association and the City are negligent, the
Association'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 Association, 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.
9. Independent Contractor. In performing this Agreement, the Association 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 Association
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
Association 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.
10. Taxes and Assessments. The Association 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
Association under this Agreement, the Association shall pay the same before it becomes
due.
11. Nondiscrimination. During the performance of this Agreement, the Association
shall not discriminate on the basis of age, sex, race, creed, religion, color, national origin,
marital status, disability, honorably discharged veteran or military status, pregnancy,
sexual orientation, and any other classification protected under 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. Association agrees to comply with the applicable provisions of State and
Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations.
4
12. The Americans with Disabilities Act. The Association 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.
13. Compliance with Law. The Association 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.
14. Assignment. This Agreement, or any interest therein, or claim hereunder, shall
not be assigned or transferred in whole or in part by the Association 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 Association as stated herein.
15. 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 Agreement
upon thirty (30) calendar days' advance written notice to the other party.
16. 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,
5
shall not be construed as a waiver or relinquishment of any such agreement, covenant,
condition or right.
17. 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: Cliff Moore, City Manager
City of Yakima
129 North 2nd Street
Yakima, Washington 98901
To the Association: Justin Neufeld, Treasurer
Craft Beverage Yakima
Gilbert Cellars
c/o Justin Neufeld
5 North Front Street
Yakima, Washington 98901
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.
18. 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.
19. 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
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.
20. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
21. Venue. The venue for any action to enforce or interpret this Agreement shall lie
in a court of competent jurisdiction in Yakima County, Washington.
22. 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
Cliff Moore, City Manager
Date:
ATTEST:
By:
Sonya Claar Tee, City Clerk
CRAFT BEVERAGE YAKIMA
By:
2017 By:
VA
Phil Cline, President
Justin Neufeld, Treasurer
Date:
2017
I � �
•
i
1