HomeMy WebLinkAboutR-2006-042 authorize agreement with the Hispanic Chamber of Commerce to foster community economic developmentRESOLUTION NO. R-2006-42
A RESOLUTION authorizing the City Manager of the City of Yakima to execute an
agreement with the Hispanic Chamber of Commerce of Yakima County
for the purpose of fostering community economic development, citizen
participation in City government, and improvement of 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 the
improvement of the quality of life in Yakima; and
WHEREAS, the City does not have the human resources to plan and implement the
beneficial community economic development projects proposed in the agreement and wishes to
utilize the skill, experience, and expertise of the Hispanic Chamber of Commerce of Yakima
County rather than attempting to perform the same services at greater expense; and
WHEREAS, the Hispanic Chamber of Commerce of Yakima County staff possess
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 desires to engage the Hispanic Chamber of Commerce of Yakima
County to develop programs to enhance community economic development, citizen
participation in the operation of City government, and the improvement of the quality of life in
Yakima, as described in the attached agreement; and
WHEREAS, the City desires to exercise its authority granted under RCW 35.21.703 by
contracting with the Hispanic Chamber of Commerce of Yakima County to foster community
economic development; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
engage the Hispanic Chamber of Commerce of Yakima County in accordance with the terms
and conditions of the attached agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:•
The City Manager of the City of Yakima is hereby authorized and directed to execute
the attached and incorporated Hispanic Chamber of Commerce of Yakima County Public
Sector Professional Services Agreement With The City Of Yakima, Washington" between the
City and the Hispanic Chamber of Commerce of Yakima County for the purpose of fostering
community economic development, citizen participation in city government, and improvement
of the quality of life in Yakima.
ADOPTED BY THE CITY COUNCIL this 21stday
ATTEST:
City Clerk
arch, 2006.
avid Edler, Mayor
HISPANIC CHAMBER OF COMMERCE OF YAKIMA COUNTY
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 the "City"), a Washington
municipal corporation, and the HISPANIC CHAMBER OF COMMERCE OF YAKIMA
COUNTY (hereinafter the "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 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 Chamber rather than attempting to perform the same services
at greater expense; and
WHEREAS, the Hispanic Chamber of Commerce of Yakima County staff possesses
valuable skill, 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 the authority granted to it by RCW 35.21.703 to
contract with the Chamber to foster community economic development; and
WHEREAS, the City desires to engage the Chamber to develop programs to enhance
community economic development, citizen participation in the operation of City government,
and to improve the quality of life in Yakima in accordance with the terms and conditions of this
Agreement.
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 Colder
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:
Page 1
a. The "Hispanic Business Survey" which shall provide bilingual
(English/Spanish) survey of the local Hispanic business community through the
Yakima County Hispanic Chamber of Commerce on subject matter questions
developed in conjunction with the City of Yakima Community and Economic
Development Department. The survey will reach a minimum of 250 businesses
located within the City of Yakima with at least 50% located within the city's
Renewal Community area, where the highest concentrations of Hispanic owned
businesses exist. The results will be reported to the Yakima City Council.
b. Conduct a minimum of three training seminars in a bilingual format on business
plan development and start-up for new businesses and those interested in
starting a business;
c. Conduct a minimum of three training seminars in a bilingual format for
established businesses on issues related to procurement opportunities with local,
state and federal government agencies, and export/import opportunities;
d. Conduct a day -long "Small Business Development Seminar", in partnership
with local, state and federal economic development agencies.
e. Participate and assist with coordination of "Clean-up Green -Up Day" with
Greater Yakima Chamber of Commerce and the City of Yakima Office of
Neighborhood Development Services by promoting, advertising and recruiting a
minimum of 50 volunteers.
f. Coordinate and facilitate a "Civic Pride & Responsibility for Safe Neighborhoods
Community Forum," in partnership with Yakima Police Department.
2. DURATION OF CONTRACT. This Agreement shall commence April 1, 2006, and
shall terminate at midnight, December 31, 2006, unless terminated sooner in accordance with
Section 18 of this Agreement. The Chamber agrees to make whatever time investments are
required for the hill completion of projects and programs to foster community economic
development, citizen participation in the operation of city government, and the quality of life in
Yakima as contemplated by 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), which amount shall be paid to the Chamber
in two installments of Two Thousand and 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 Scope of Service 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.
Page 2
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 intemal controls
and accounting systems that conform to generally accepted accounting principles and auditing
standards. This is to ensure proper accounting for all funds provided under 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 has 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
and/or its agent(s) in the City's annual review and evaluation of the Chamber's performance
under this Agreement and to make available all information reasonably required during 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 with a minimum
liability limit of One Million Dollars ($1,000,000.00) per occurrence combined single limit bodily
injury and property damage, and One Million Dollars ($1,000,000.00) general aggregate. The
certificate shall clearly state who the provider is, the amount of coverage, the policy number,
and when the policy and provisions provided are in effect. Said 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 protect, defend, indemnify, exonerate, and
hold harmless the City of Yakima, and its elected officials, officers, 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
Page 3
disbursements) arising out of acts or omissions of the Chamber arising out of or related to this
Agreement.
9. 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.
10. TAXES AND ASSESSMENTS. 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 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.
11. 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 Agreement.
12. 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.
13. 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.
14. CHANGES. Either party may request changes to this Agreement but no proposed
changes or additions to this Agreement shall be valid or binding upon either party unless such
change or addition be in writing and executed by both parties.
Page 4
15. 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.
16. 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 of any subsequent breach by either party or prevent either party thereafter enforcing
such provision.
17. 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.
18. 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)
calendar 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.
19. SURVIVAL. Any provision of this Agreement that 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.
20. 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:
TO CHAMBER:
R. A. Zais, Jr. City Manager
128 N. 2nd St.
Yakima, WA 98901
Hispanic Chamber of Commerce of Yakima
County , a Washington Nonprofit Corporation
Ernesto Gonzalez, President
P. O. Box 11146
Yakima, WA 98909
(509) 453-2050
21. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
Page 5
22. VENUE. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA HISPANIC CHAMBER OF COMMERCE
OF YAKIMA COUNTY, a Washington
Nonprofit Corporation
R. A. ZAIS,ERNESTO GONZALEZ
J
City Manager President
Date: 3- g—O4o
Date:
ATTEST pp
rlGtha_,�.- Date: 3 -
City Clerk
CITY CONTRAC r NO: At"?64 G - 2I
RESOLUTION NO: n .a004 r `/'�
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 10
For Meeting Of: March 21, 2006
ITEM TITLE: A Resolution authorizing execution of an agreement with the Hispanic
Ch ber of Commerce of Yakima County
SUBMITTED BY: • Cook, Community & Economic Development Department
CONTACT PERSON/TELEPHONE: Michael Morales, Deputy Director CED,575-3533
SUMMARY EXPLANATION:
As part of the 2006 Budget process, the City Council provided budget authority for Hispanic
Chamber of Commerce of Yakima County. The 2006 budget includes $5,900 to support the
City of Yakima through "Local Business Surveys", Leadership Development, Technical
Assistance for New and Expanding Businesses, and participation in Clean Up -Green Up
programs.
The attached resolution and contract formalize the agreement for 2006. It details the terms
and conditions the agency must provide to receive compensation under the contract.
Resolution X Ordinance _ X Contract :Hispanic Chamber of Commerce of Yakima Co.
Mail to (name and address):Ernesto Gonzalez., Chairman HCYC
P.O. Box 11146. Yakima, WA 98909
Funding Source: Intergovernmental Section of General Fund Budget
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt Resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2006-42