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HomeMy WebLinkAboutR-2009-014 Yakima County Development Association Public Sector Service Agreement YCDARESOLUTION NO. R-2009-14 A RESOLUTION A resolution authorizing the City Manager to execute a public sector service contract with the Yakima County Development Association. WHEREAS, the Yakima County Development Association ("YCDA") is a Washington private nonprofit corporation representing a coalition of business, govemment, labor, and education leadership dedicated to planning, developing, and implementing community economic development programs; 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 City of Yakima and Yakima County; and WHEREAS, RCW 35.21.703 provides: It shall be in the public purpose for all cities to engage in economic development programs. In addition, cities may contract with nonprofit corporations in furtherance of this and other acts relating to economic development; and WHEREAS, YCDA has offered to perform certain services according to the attached Public Sector Service Contract for the period January 1, 2009, to December 31, 2013; WHEREAS, it is in the best interests of the City to contract with YCDA for services according to the attached Public Sector Service Contract; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is authorized to execute the attached Public Sector Service Contract with the Yakima County Development Association for the period January 1, 2009, to December 31, 2013. ADOPTED BY THE CITY COUNCIL this 20th day of uary, 200 ATTEST: Citv Clerk David ler, Mayor YAKIMA COUNTY DEVELOPMENT ASSOCIATION PUBLIC SECTOR SERVICE CONTRACT THIS PUBLIC SECTOR SERVICE CONTRACT (hereinafter the "Contract") is entered into by the City of Yakima, a municipal corporation (hereinafter "the City") and the Yakima County Development Association, a Washington non-profit corporation (hereinafter "YCDA") 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 City of Yakima 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; NOW, 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: 1. 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 shall consist of an annual program of work drafted by the YCDA Board of Directors. YCDA shall maintain a professional staff to carry out an economic development program in Yakima County. During the term of this Contract, YCDA will dedicate its best efforts to carry out such program. Additionally, beyond its general mission of economic development in Yakima County, YCDA shall dedicate its professional and support staff to the following specific objectives for the 2009-13 period: 1 A. Market the City of Yakima and Yakima County as a location for new nonretail 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 urban area to maintain up-to-date information about sites and facilities that can meet the needs of new or existing businesses. C. ,Conduct outreach visits with Yakima-based manufacturers as part of YCDA's local industry assistance program. Provide appropriate follow-up assistance to local businesses based on needs identified during the visits or as a result of other outreach activities. D. Develop an entrepreneur support initiative that nurtures emerging businesses that have the potential to generate significant new employment opportunities. E. Facilitate a regional development and permitting customer service committee that works cooperatively with the City of Yakima and Yakima County to improve timeliness, predictability, and transparency of development review activities; F. Support the City's efforts to prepare or redevelop key industrial, commercial or mixed use properties that can support new business investment and job creation; G. Help the City access public facility financing programs to support expanding businesses or prepare sites for commercial or industrial development; H. Advise the City regarding industrial or commercial sector needs relative to capital facilities requirements, permitting, and urban development policies; and I. Market the City's economic incentives to prospective businesses and developers. Provide technical assistance to parties interested in these programs. These objectives can be reviewed and updated by the parties on an annual basis. 2. Term of Contract This Contract shall, commence on January 1, 2009 and shall terminate on midnight, December 31, 2013, unless terminated earlier by either party in accordance with Section 17. 3. Compensation YCDA shall receive compensation for satisfactory services performed and required under this Contract in the total amount of Thirty Thousand Dollars ($30,000), which amount shall be paid to YCDA in two equal installments of Fifteen Thousand Dollars ($15,000), with one installment due on January 30, 2009, and one installment due on July 15, 2009. In the following years, payment shall be made to YCDA in two equal installments in January and July of each respective year. Said compensation and payments are expressly conditioned upon and subject to receiving authorization and approval during the City's yearly budget process. 4. Written Reporting Requirements YCDA shall submit quarterly written reports including, for the fourth quarter of each year, an annual written project report to be delivered by March 31st of the next year. Such reports shall contain a description of accomplishments under the applicable scope of services provision of the Contract. Specifically, each annual report shall indicate the amount of new investment, retention 2 of investment, and new jobs within Yakima County which affect economic development of the City. 5. Review and Evaluation YCDA's performance of the services required under this Contract shall be reviewed and evaluated by the City on an annual basis. YCDA shall cooperate with the City and its representatives during said annual review and evaluation and make available any and all information requested during such evaluation process. 6. Maintenance of Records, Annual Financial Statement and Inspections. a. 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, including a system of internal controls and accounting systems which conform to generally accepted accounting principles and auditing standards. b. All such records and documents shall be retained by YCDA and be available for inspection, audit and copying by appropriate City representatives and/or appropriate fed- eral/state officials during the term of this contract and for a period of three (3) years following the termination of this Contract. 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. d. YCDA shall prepare an annual financial statement and have such audited by an independent certified public accountant. One copy of any such audit or review performed by an independent certified public accountant shall be provided to the City. 7. Taxes and Assessments. YCDA shall be solely responsible for compensating its officers, employees and agents 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. YCDA shall pay the same before it becomes due. 8. Review and Evaluation NV 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. 9. 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. 10. Nondiscrimination Provision During the performance of this Contract, YCDA shall not discriminate on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any 3 sensory, mental or physical handicap. This provision shall include but not be limited to the following: in employment or application for employment or in the administration or delivery of services or any other benefits under this Contract. 11. Insurance At all times during performance of the services, the YCDA shall secure and maintain in effect insurance to protect the City and the YCDA from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this contract. YCDA shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. a. Liability Insurance. Before this Contract is fully executed by the parties, YCDA shall provide the City with a certificate of insurance as proof of liability insurance and umbrella liability. insurance with a total 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 coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. 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. b. Industrial Insurance. YCDA shall comply with the provisions of RCW Title 51, Industrial Insurance. During the duration of this Contract, YCDA shall provide or purchase industrial insurance coverage for its employees, as may be required of an "employer" as defined in RCW Title 51 and shall maintain full compliance with RCW Title 51. c. City does not provide insurance for YCDA. It is understood the City does not maintain any form of insurance for YCDA, its officers, employees, volunteers, and/or agents. 12. Indemnification and Hold Harmless YCDA shall defend, indemnify, and hold the City of Yakima, its officers, employees, and agents, harmless from any and all liability arising out of the performance of this Contract. 13. Conflict of Interest YCDA covenants that no officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein, or any other person who presently exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein shall have any personal financial interest, direct or indirect, in this Contract. None of the funds, materials, property or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 4 14. 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 chief executive officer of YCDA, P.O. Box 1387, Yakima, WA, 98907, or the City Manager for Yakima, 129 North Second 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. 15. 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. 16. 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. 17. Whole Agreement This Contract constitutes the whole and entire agreement between the parties. 18. Assignment YCDA shall not assign any the City. 19. Severability In the event any portion of enforce the remainder of the City of Yakima Signature R. A. Zais, Jr. of its duties under this Contract without the prior written consent of this Contract is found to be invalid, it is the intent of the parties to Contract. Name City Manager ATTEST Yakima County Development Association Signature Name P e g Title Date ��, t CITY CITY CONTRAC f N0: 9 —O RESOLUTION NO: �0�-/ 6/0 7 5 • • ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.—14‘1 7 For Meeting of January 20, 2009 A resolution authorizing the City Manager to execute a public sector service contract with the Yakima County Development Association. SUBMITTED BY: William Cook, Director, Department of Community and Economic Development CONTACT PERSON/TELEPHONE: William Cook, 575-6113 SUMMARY EXPLANATION: The City Council budgeted $30,000 for a professional service contract with Yakima County Development Association (YCDA) during the 2009 budget cycle. As in the past, YCDA will continue to provide expertise in community economic development. YCDA will market and promote the City forprospective new non -retail development. The contract period is for the five-year period of January 1, 2009 through December 31, 2013, provided the contract is renewed and compensation for services is authorized in the City's yearly budget. YCDA will provide quarterly written reports describing its accomplishments under the scope of the contract. The $30,000 request for 2009 is an increase of $10,000 over the previous contract. YCDA met with the Council Economic Development Committee in September to request support for the contract and the increase during the 2009 budget cycle. They noted that the annual contract amount had remained at $20,000 for several years. The Committee agreed that the increased funding request was timely and appropriate. Please note that this contract is contingent upon Council's approval of funding through the annual budget process and that the City reserves the right to terminate this contract at any time with or without cause. Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Dave McFadden PO Box 1387 Yakima, WA 98907 Funding Source - Intergovernmental (095) APPROVED FOR SUBMITTAL: Phone:575-1140 City Manager STAFF RECOMMENDATION: Adopt resolution BOARD/COMMITTEE/COMMISSION RECOMMENDATION: At the September 3, 2008, meeting of the Council Economic Development Committee, the Committee recommended both the renewal of the contract and the increased funding amount. COUNCIL ACTION: