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HomeMy WebLinkAbout01/08/2008 14A Greater Yakima Chamber of Commerce, Inc. Agreement BUSINESS OF THE CITY COUNCIL • YAKIMA, WASHINGTON AGENDA STATEMENT Item No 19 A For meeting of January 8, 2008 ITEM TITLE A resolution authorizing execution of an Agreement with the Greater Yakima Chamber of Commerce, Inc SUBMITTED BY Cindy Epperson, Finance and Budget Department William R. Cook, Director, Community and Economic Development CONTACT PERSON/TELEPHONE Cindy Epperson, Financial Services Manager /576 -6644 SUMMARY EXPLANATION As part of the 2008 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 Agreement formalize the Agreement for 2008 It details the terms and conditions the agency must provide to receive compensation under the contract. As described in the attached Agreement, the Chamber is committing to enhancing community economic development, citizen participation in the operation of the City government, and improving the quality of life in Yakima The 2008 budget includes $5,900 to support the City of Yakima though the Leadership Yakima program, the Community Pride Month program, and the Local Business Survey program • Resolution X Ordinance Contract Greater Yakima Chamber of Commerce, Inc. Mail to (name and address) Michael P. Morrisette, President, CEO P.O. Box 1490, Yakima, WA 98907 Funding Source Intergovernmental Section of General Fund Budget APPROVED FOR SUBMITTALAII._,C � City Manager STAFF RECOMMENDATION Adopt resolution BOARD /COMMISSION RECOMMENDATION City Council provided budget authority COUNCIL ACTION RESOLUTION NO. R -2008- A RESOLUTION authorizing the City Manager to execute an Agreement with the Greater Yakima Chamber of Commerce, Inc. for the purpose of fostering community economic development, citizen participation in City government, and improvement in 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 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 Greater Yakima Chamber of Commerce rather than attempt 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 govemment, and the quality of life in Yakima , and WHEREAS, the City Council has previously authorized agreements engaging the Greater Yakima Chamber of Commerce to develop programs to enhance community economic development, citizen participation in the operation of City govemment, and the improvement in the quality of life in Yakima, as described in the underlying Agreement; and WHEREAS, the City Council and the Greater Yakima Chamber of Commerce wish to continue the relationship that has existed by entering into an Agreement for one (1) additional year, commencing upon execution hereof by the parties and terminating at midnight, December 31, 2008, 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 in accordance with the terms and conditions of the attached extension Agreement; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. The City Manager and City Clerk are 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 of Yakima and the Greater Yakima Chamber of Commerce for the purpose of fostering • community economic development, citizen participation in city government, and improvement of quality of life in Yakima. 1 ADOPTED BY THE CITY COUNCIL this 8th day of January, 2008 0 ATTEST David Edler, Mayor City Clerk 110 ID 2 4110 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 "City "), a Washington municipal corporation, and the GREATER YAKIMA CHAMBER OF COMMERCE, INC (hereinafter "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 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 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 wishes to exercise authority granted under RCW 35 21 703 by III contracting with the Chamber to foster community economic development; 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 a The "Leadership Yakima Program" which shall provide a minimum of twenty (20) participants per calendar year who have sufficient exposure to Yakima community affairs to make them desirable as appointees to City boards and commissions, b The "Community Pride Month" program that leverages volunteer and business involvement with the City's Public Works and Community Development mission to keep Yakima clean and presentable, c The "Local Business Survey" which shall provide a survey of the local business community through the Greater Yakima Chamber of Commerce 411 membership four times in 2008 The survey subject matter questions will be developed in conjunction with various City departments 1 2 DURATION OF CONTRACT This Agreement shall commence upon execution hereof by the parties and shall terminate on midnight, December 31, 2008, unless terminated sooner by either party in accordance with Section 16 of 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) per calendar year, which amount shall be paid to the Chamber in two annual installments of Two Thousand 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 detail the Chamber's work toward accomplishment of the above referenced activities and other actions taken by the Chamber to foster community economic development. Compensation and payments are expressly conditioned upon and subject to receiving authorization and approval during the City's yearly budget process 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. All such records and documents shall be retained by the Chamber and be available for inspection, audit and copying by the City during the term of this Agreement and for a period of three (3) years following the termination of 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 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. Said 0 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 defend, indemnify, and hold harmless the City, its officers, elected officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from the Chamber's performance or non - performance of the services, duties and obligations required of it under this Agreement. 9 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 0 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 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. MODIFICATIONS Either party may request modifications to this Agreement but no proposed modifications to this Agreement shall be valid or binding upon either party unless such modification is 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 3 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 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 18 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 R. A. Zais, Jr City Manager 128 N 2 St Yakima, WA 98901 TO CHAMBER Michael P Morrisette, President /CEO P O Box 1490 10 North 9th Street Yakima, WA 98907 or to such other 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 19 GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Washington 20 VENUE The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington 21 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 22. 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 4 • 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 this Agreement, the Chamber shall pay the same before it becomes due CITY OF YAKIMA GREATER YAKIMA CHAMBER OF COMMERCE, INC R A. ZAIS, JR MICHAEL P MORRISETTE City Manager President, CEO Date Date ATTEST City Clerk Date 0 City Contract No Resolution No III 5 Post Office Box 1490 • www yakima.org G RATER YAKIMA MA lO North Ninth S�rc et Yakima, WA 98907 7'EL. 509/248.2021 • FAX 509/248.0601 C HAMBER ❑ C OMMERCE EMAIL. chamber @yakoma org ill October 4, 2007 Ms Rita DeBord Finance Director City of Yakima 129 North Second Street Yakima, Washington 98907 -1490 Dear Ms DeBord The Greater Yakima Chamber of Commerce is pleased to submit this report covering the Chamber's performance pursuant to our 2007 Public Sector Professional Services Agreement with the City of Yakima. Included with this report is our request for the City to continue this agreement through 2008 under the same terms and scope of services as contained in the 2007 Professional Services Agreement. Funding from the 2007 service agreement helped underwrite three Chamber managed public service programs They were Leadership Yakima, Community Pnde and the use of ill the Chamber's Business Surveying Technology for City generated business community poles Leadership Yakima. If you agree the future success of our community is tied directly to the quality of our civic and business leadership, you will want to support Leadership Yakima. This structured, nine month program identifies and prepares emerging leaders for service to our community In 2007, 27 leaders graduated from the program, having spent over 101 hours participating in a structure program of instruction as organized and presented by the Chamber For one entire day each month, for nine months, 10 - 12 presenters taught issue awareness on subjects ranging from health care, economic development, education, culture and the arts, to personal leadership development and techniques In addition, each of the 27 participants contributed approximately 5 hours towards a community service project. To provide this program Chamber staff spent 25 - 30 hours per month on program organization and the conducting of each of the 9 day long sessions. Eight session leaders from the community assisted with facilitation along with the oversight of a 9 member, Chamber organized and managed Leadership Yakima Executive Committee The Chamber's annual operating budget for Leadership Yakima was approximately $27,000 $3,000 from the City's Professional Service Agreement funding of $5,900 went towards helping underwrite this program Page 1 Post Office Box 1490 • www yakima org G REA'D'ER YAKI M 10 North Ninth Street Yakima, WA 98907 TEL. 509/248.2021 • FAX 509/248.0601 CHAMBER ❑ F COMMERCE >` y E MAIL. chamber@ vukuiiu or' Community Pride Month • Community Pride Month is a City- Chamber program that leverages volunteer and business involvement with the City's Public Works and Community Development mission to keep Yakima clean and presentable The program involved over 400 volunteers, both businesses and citizens, in cleanup projects that took place on May 12, 2007 It was estimated that over 2 tons of garbage was picked up, countless flowers were planted, and nearly 130 volunteers showed up for a symbolic clean -sweep of Yakima Avenue In addition, citizens signed up with the Chamber and City to work on specific neighborhood clean -up projects Chamber services included the appointment of a dedicated chamber staff person to assist with the community organization, meeting management, publicity and marketing, and numerous logistical planning needs, totaling approximately 66 hours. In addition, the Chamber office served as the community focal point for meetings and assemblies adding the services of 5 additional staff Numerous one hour meetings involving various support team members and stakeholders were held at the Chamber in preparation for Community Pnde month. The Chamber's contributions to the City - Chamber Community Pnde project included approximately $2,500 in logistical and staff support. Business Surveying Technology In 2007, the City - Chamber Professional Services Agreement included new Chamber technology enabling the City to conduct instant business community surveys to gain input on any topic or policy that might require this type of research. On June 20, 2007, the Chamber conducted an Internet survey of behalf of the City of Yakima's Park Department to 1,346 local business owners and managers The survey questionnaire, developed by the Parks Department, sought to determine a level of public support for the new proposed Aquatic Center The cost to the Chamber to conduct the survey, gather, validate and report results is approximately $250 -$300 The Chamber set aside resources to provide this service in 2008 and would like to make this technology available to the city in 2008 as part of this service agreement. The Chamber will conduct, at the City's option, up to four surveys during the calendar year 2008 This concludes our report on Chamber services rendered the City in 2007 pursuant to our Professional Services Agreement Given the importance of sustaining Leadership Yakima, Community Pride and the City's need to survey businesses on important issues impacting our economic prospects, the Chamber respectfully requests the City to renew our Public Sector Professional Services Agreement for 2008 Page 2 III Post Office Box 1490 • wwwyakima.org REAER G �� , . 10 North Ninth ,Street Yakima, WA 98907 7'EL. 509/248 2021 • FAX 509/248.0601 CH AMBER ❑r COMM j 'A EMAIL.cha ? , , )akima.org el Our records indicate the Greater Yakima Chamber of Commerce and the City of Yakima have executed five annual professional service agreements with the Chamber performing these services starting in 2002, with the City's investment remaining at $5,900 00 per year Should you, our City Manager or City Counsel have questions with regard to this agreement and /or require further explanation of the services provided, we would greatly welcome an opportunity to answer any inquines On behalf of our membership, Board of Directors and staff, thank you for your continued support of these important public service projects Sincerely, Michael P Morrisette President & CEO • Cc Robyn Heilman, Chairlady of the Board e l City - chamber Agreement - 06 Report Page 3