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.
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ADOPTED BY THE CITY COUNCIL this 8th day of January, 2008 0
ATTEST David Edler, Mayor
City Clerk
110
ID
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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
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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
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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
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• 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
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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
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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
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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