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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