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HomeMy WebLinkAboutR-2019-129 Authorizing Public Sector Service Contract Extension; Yakima County Development AssosciationA RESOLUTION RESOLUTION NO. R-2019-129 authorizing the City of Yakima to extend the duration of the Public Sector Service Contract with Yakima County Development Association (Contract No 2019-074) through December 31, 2020 WHEREAS, the City of Yakima and the Yakima County Development Association (YCDA) entered into a Public Sector Service Contract on or about May 2, 2019, for economic development services for 2019 under Contract Number 2019-074, and WHEREAS, the Contract has a duration provision that provides that the Contract will terminate on December 31, 2019, but "may be renewed annually through December 31, 2023 " if the City Council determines such a renewal is appropriate, and WHEREAS, the Contract states that compensation will only be provided if City Council takes such action to provide funding, so there is no guarantee of funding for future years, and WHEREAS, the City Council, as part of its adopted budget, allocated Fifty Thousand Dollars ($50,000 00) to YCDA to continue the scope of services outlined in the Contract; and WHEREAS, the City Council can extend the duration of the contract one year, then re- evaluate the contract during the budget period of 2020, and WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of the City and its residents to extend the duration of the Contract through December 31, 2020 with an opportunity to further extend it through 2023 pursuant to the language of the Contract; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City of Yakima does hereby extend the duration of the Public Sector Service Contract (Contract No 2019-074), pursuant to Section II Duration of Contract, through December 31, 2020 ADOPTED BY THE CITY COUNCIL this 10th day of December, 2019 City Clerk YAKIMA COUNTY DEVELOPMENT ASSOCIATION PUBLIC SECTOR SERVICE CONTRACT CONTRACTOR: City of Yakima CONTRACT PERIOD: January 1, 2019 to December 31, 2019 THIS CONTRACT is entered into by the City of Yakima ("the City") and the Yakima County Development Association ("YCDA"), a Washington non-profit corporation. WHEREAS, YCDA is a Washington private non-profit corporation representing a coalition of business, government, labor, and education leadership dedicated to planning, developing, and implementing community economic development programs; and WHEREAS, economic development programs are coordinated public and private actions which aid in enhancing a community's quality of life and bringing its citizens into the economic mainstream by planning and building local economic capacity such as: an effective education and training system; sound transportation and physical infrastructure; attractive diverse private and public investments; and competitive and skilled work force; and WHEREAS, YCDA staff possesses valuable skill, experience and expertise in community economic development; and WHEREAS, YCDA has been involved in many significant investment decisions in the Yakima area and Yakima County; and WHEREAS, The City wishes to utilize the skill, experience, and expertise of YCDA rather than attempting to perform the same services at greater expense; and WHEREAS, The City wishes to exercise authority granted under RCW 35.21.703 by contracting with YCDA to provide economic development assistance to the City; and WHEREAS, The City desires to have certain services performed by YCDA as described within this Contract; THEREFORE, in consideration of payment, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually covenant and agree to the following: I. SCOPE OF SERVICES The City desires to continue utilizing services provided by YCDA. The City recognizes that, because of the nature of a private economy, YCDA shall provide economic development programming for the entire Yakima County area and not exclusively for the City of Yakima area. The City understands that it will receive economic development benefits from YCDA's efforts within Yakima County because the City is an economic focal point within the County. Such benefits to the City include a more diversified economic base, additional employment opportunities and greater prosperity. The economic development program consists of a five initiatives that were developed with input and feedback from sixty three business and community leaders and approved by the YCDA Board of Directors. YCDA shall maintain a professional staff to carry out the economic development program in Yakima County. During the term of this Contract, YCDA will dedicate its best efforts to carry out such program. As additional consideration, beyond its general mission of economic development in Yakima County, YCDA shall dedicate its professional and support staff to specific objectives to be mutually updated and agreed on an annual basis. As objectives for the 2019 calendar year YCDA shall: A. Market the City of Yakima and Yakima County as a location for new business investment. Maintain accurate information about the City's costs and opportunities as they relate to new business development. Maintain confidentiality for business clients evaluating sites or facilities within the region. B. Work cooperatively with developers, realtors, land owners and other parties within the Yakima area to maintain up-to-date information about sites and facilities that can meet the needs of new or existing businesses. C. Provide a Certified Small Business Advisor to provide in depth resources, mentoring, research and expertise to Yakima based entrepreneurs and small businesses to help them grow employment and sales. D. Work with the city to identify Yakima based businesses that are ready for economic gardening assistance and help them connect with the state resources and other grants to take their business to the next level. E. Conduct yearly visits with Yakima -based manufacturers and larger employers as part of YCDA's business retention efforts. Provide appropriate follow-up assistance to local businesses based on needs identified during the interviews. F. Facilitate workforce training programs for Yakima based companies based on the current needs and demands of businesses. G. Connect Yakima companies with available educational resources to meet their workforce development needs — if needed programs do not exist, assist the South Central Workforce Development Council in the development and implementation of new programs. H. Support the City as requested on specific elements in its overall economic development plan and strategy. I. Support the City's efforts to prepare commercial and industrial sites and facilities through grant applications to local, state or federal infrastructure financing programs. J. Advise the City, when requested, regarding commercial or industrial sector needs relative to the preparation of land use designation and urban development policies. K. Advise the City, when requested, on ways to mitigate development impacts from proposed manufacturing or commercial expansion projects. L. Advise the City, when requested, regarding public service planning for commercial and light industrial areas, including comments on streets, water, sewer, and other public facilities. M. Provide the City of Yakima with a yearly report on the status of YCDA efforts and accomplishments as well as local economic trends and issues. N. Make bi-annual presentations to the Yakima City Council and or Yakima City Council Economic Development Committee regarding status of trade shows, business recruitment leads, site visits, property searches within Yakima, and Yakima businesses assisted. II. DURATION OF CONTRACT This Contract shall commence on January 1, 2019 and shall terminate on December 31, 2019, but may be renewed annually through December 31, 2023, subject to performance review and evaluation conducted by the City during the yearly budget review process. III. COMPENSATION, METHOD OF PAYMENT, REPORTING YCDA shall receive payment for services as specified in this Contract in the total amount of Fifty Thousand Dollars ($50,000.00), which amount shall be paid to YCDA in two equal installments of Twenty -Five Thousand Dollars ($25,000.00), with one installment due on June 15, 2019, and one installment due on December 15, 2019. In the following years, if this Contract is renewed pursuant to Section II above, payment as allocated by the City Council during its annual budget may be made to YCDA in two equal installments similar to the 2019 installments, or, in the alternative, as outlined in a written amendment to this Contract. Future compensation and payments are not guaranteed by this Contract and are subject to City Council action. There is no guarantee that any money will be allocated to YCDA other than the $50,000.00 for 2019. YCDA shall provide monthly update reports and an annual report, which will be delivered by March 31st of the next year. Such reports shall contain a description of current initiative and accomplishments under the applicable scope of services provision of the Contract. Each annual report shall indicate the amount of new investment, retention of investment, and new jobs within Yakima County which affect economic development of the City. IV. INTERNAL CONTROL AND ACCOUNTING SYSTEM YCDA shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and government accounting and financial reporting standards. V. ESTABLISHMENT AND MAINTENANCE OF RECORDS YCDA shall maintain accounts and records, including personnel, property, financial, and program records, and such other records as the City may deem necessary, to ensure proper accounting for all project funds and compliance with this Contract. All such records shall be subject to inspection and audit at reasonable times by representatives of the City. YCDA shall make such records available and afford the proper facilities for such inspection and/or audit within forty-eight (48) hours of inspection/audit notification from the City. Such records may be copied by representatives of the City as part of such inspection/audit. YCDA shall promptly furnish records related to the services and/or work performed pursuant to this Contract as may be requested. Until the expiration of six (6) years after the termination of this Contract, or for a longer period if required by law or by the Washington State Secretary of State's record retention schedule, YCDA shall provide the City access to (and the City shall have the right to examine, audit and copy) all of YCDA's books, documents, papers and records which are related to the services and work performed under this Contract. The City is required by law to comply with the Washington State Public Records Act (PRA), Chapter 42.56 RCW. All records relating to YCDA's services under this Contract must be made available to the City, and also produced to third parties, if required, pursuant to the PRA or by law. All determinations of records subject to release under the PRA, or otherwise required by law, shall be at the sole discretion of the City. This Contract and all public documents associated with this Contract shall be available to the City for inspection and copying by the public where required by the PRA or other law, to the extent that public records in the custody of YCDA are needed for the City to respond to a request under the PRA, as determined by the City. If YCDA considers any portion of any records provided to the City under this Contract, whether in electronic or hard copy form, to be protected from disclosure under law, YCDA shall clearly identify any specific information that it claims to be confidential or proprietary. If the City receives a request under the PRA to inspect or copy the information so identified, and determines that the release of the information is required or otherwise appropriate, the City's sole obligation shall be to notify YCDA of the request and the date such information will be released to the requestor unless YCDA obtains a court order to enjoin the release, pursuant to RCW 42.56.450. If YCDA fails to timely obtain a court order enjoining disclosure, the City will release the requested information on the date specified. The City has, and by this section assumes, no obligation on behalf of YCDA to claim any exemption for disclosure under the PRA. The City shall not be liable to YCDA for releasing records not clearly identified by YCDA as confidential or proprietary. The City shall not be liable to YCDA for any records that the City releases in compliance with the PRA, this section, or in compliance with an order of a court of competent jurisdiction. VI. AUDITS AND INSPECTIONS A. Records and documents pertaining to all matters covered by this Contract shall be subject at all times to inspections, review, or audit by the City and/or federal/state officials so authorized, including but not limited to, the Washington State Examiner. B. YCDA shall have its annual financial statement reviewed by an independent certified public accountant. Every 5th year the financial statement will be audited. Copies of any such audit or review performed by an independent certified public accountant shall be provided to the City upon request. C. YCDA 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 the Contract. The City will give advance notice to YCDA in the case of fiscal audits to be conducted by the City. VII. REVIEW AND EVALUATION YCDA agrees to cooperate with the City or its agent in the City's annual review and evaluation of YCDA's performance under this Contract and to make available all information reasonably required by any such evaluation process. VIII. TERMINATION This Contract may be terminated without cause prior to the date specified above in Section II, by either party providing the other party thirty (30) days written notice of the termination. In the event of termination, the amount of compensation shall be prorated monthly to the nearest full month of service. IX. INSURANCE AND INDEMNIFICATION YCDA agrees to protect, defend, indemnify, and hold harmless, the City, its elected and appointed officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, administrative and other proceedings and all judgments, awards, losses, liabilities, damages (including punitive or exemplary damages), penalties, fines, costs and expenses (including attorneys' fees and disbursements) for, arising out of, or related to any actual or alleged death, injury, damage or destruction to any person or any property (including but not limited to any actual or alleged violations of civil rights) to the extent caused by, arising out of, or relating to any act and/or omission (whether intentional, willful, reckless, negligent, inadvertent or otherwise) resulting from, arising out of, or related to YCDA's, its officers, employees, agents, volunteers and/or subcontractors, actions, services, work or materials pursuant to this Contract. YCDA specifically and expressly waives its immunity under industrial insurance, Title 51 RCW, or immunity under any other provision of law to the extent of the obligations assumed by the parties protected hereunder. YCDA and the City acknowledge and agree that this waiver was mutually negotiated. All services rendered or performed under this Contract will be performed or rendered entirely at YCDA's own risk and YCDA expressly agrees to defend, indemnify and hold harmless the City and all of its officers, agents, employees and elected officials from any and all liability, loss, fines, penalties or damages, including reasonable cost of defense, they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgments against the City which result from, arise out of, or are in any way connected with the services to be performed by YCDA under this Contract. Nothing contained in this section or this Contract shall be construed to create a liability or a right of indemnification in any third party. X. NONDISCRIMINATION During the performance of this Contract, YCDA shall not discriminate on the basis of race, color, sex, religion, nationality, creed, sexual orientation, marital status, age, or the presence of any sensory, mental or physical handicap in employment or application for employment or in the administration or delivery of services or any other benefits under this Contract. XI. CONFLICT OF INTEREST YCDA covenants that neither it, nor its officers, have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Contract. YCDA further covenants that it will not recruit anyone or any entity having such a conflict of interest during the performance of this Contract. XII. NOTICES Whenever this Contract provides for notice to be provided by one party or another, such notices shall be in writing and directed to the Executive Director of YCDA, P.O. Box 1387, Yakima, WA, 98907, or the City Manager for Yakima, 129 North 2nd Street, Yakima, Washington, 98901. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. Notice shall be deemed received three days after mailing the notice first class mail, postage prepaid, to the addresses herein. It is the responsibility of each party to update mailing addresses under this Contract. XIII. CHANGES Either party may request changes to this Contract. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Contract. XIV. PROHIBITED ACTS YCDA shall use all consideration provided under this Contract 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 Contract and YCDA shall repay to the City any funds transferred in violation of this section. XV. WHOLE AGREEMENT This Contract constitutes the whole and entire agreement between the parties. XVI. ASSIGNMENT YCDA shall not assign any of its duties under this Contract without the prior written consent of the City. XVII. SEVERABILITY In the event any portion of this Contract is found to be invalid, it is the intent of the parties to enforce the remainder of the Contract. XVIII. WAIVER A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Contract shall not impair the right of the 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 Contract, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. XIX. GOVERNING LAW AND VENUE This Contract shall be governed by and construed in accordance with the laws of the State of Washington. The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Washington in Yakima County. XX. SURVIVAL Any provision of this Contract which imposes an obligation after termination or expiration of this Contract shall survive the term or expiration of this Contract and shall be binding on the parties to this Contract. CITY OF YAKIMA ei / 4' rY2wr( Name Il Ma-V1,a6Cr- Title 5/a((g Dat ATTEST City Clerk CITY CONTRACT NO: 2 `-L 0 RESOLUTION NO' r�'r f'JH�t YAKIMA COUNTY DEVELOPMENT ASSOCIATION gnature Jo Sevu-N Name £ .ECUTtpt(ZECToR Title Date 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.L. For Meeting of: December 10, 2019 ITEM TITLE: Resolution authorizing the extension of the duration of the Public Sector Service Contract with Yakima County Development Association (Contract No. 2019-074) through December 31, 2020 SUBMITTED BY: Sara Watkins, Senior Assistant City Attorney SUMMARY EXPLANATION: The City of Yakima and the Yakima County Development Association (YCDA) entered into a Public Sector Service Contract on or about May 2, 2019, for economic development services for 2019 under Contract Number 2019-074 which provides for a one year contract, renewable by the Council yearly through 2023. The Council approved $50,000 for YCDA in its 2020 budget discussions and this resolution officially extends the duration of the contract through 2020. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Economic Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt resolution ATTACHMENTS: Description Upload Date d resolution to extend YA throuoh 00 11/20/2019 Type Resolution