HomeMy WebLinkAbout02/17/2015 11 Economic and Business Development Agreement with Greater Yakima Chamber of CommerceBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 11.
For Meeting of: February 17, 2015
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ITEM TITLE: Resolution authorizing an agreement with the Greater Yakima
Chamber of Commerce for promotion of economic and
business development within the City of Yakima and All
America application
SUBMITTED BY: Sean Hawkins, Economic Development Manager 575-6274
SUMMARY EXPLANATION:
As part of this agreement, the Yakima Chamber of Commerce will assist the City in three key
initiatives:
1) Market Outreach - $5,000 - Chamber intends to educate and communicate City wide events
and news, downtown public and employee availability parking, community safety, and business
development through their regular communication efforts including monthly meetings,
enewsletter, Action Report and website.
2) All America City Application - $10,000 - the Chamber will take the lead to coordinate
community efforts to write and submit an All America City Application to the National Civic
League. If selected, the Chamber will lead a delegation to Denver, Colorado representing
Yakima in June 2015. This fee is all inclusive and will represent the City's only contribution to
the project.
3) Friends of Flight - $5,000 - the Chamber will use it's communication outlets (website, Action
Report, enewsletter and monthly meetings) to promote the City's FLY YKM program to increase
air service opportunity from the Yakima Air Terminal.
Resolution: X
Other (Specify):
Contract: X
Start Date: 02/17/15
Item Budgeted: Yes
Funding Source/Fiscal Impact:
Strategic Priority:
Ordinance:
Contract Term:
End Date: 02/17/2016
Amount: $20,000
Economic Development
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
City Manager
ATTACHMENTS:
Description Upload Date
Chamber Resolution 2/9/2015
Chamber Agreement 2/9/2015
Chamber Agreement Exhibit A 2/9/2015
Type
Cover Memo
Cover Memo
Cover Memo
RESOLUTION NO. R -2015-
A RESOLUTION authorizing the City Manager to execute and administer an
agreement between Greater Yakima Chamber of Commerce and
City of Yakima for promotion of economic and business
development within City of Yakima.
WHEREAS, the Greater Yakima Chamber of Commerce ("Chamber") is a
nonprofit corporation providing business development and support services promoting
economic development within the City of Yakima (City) as a chamber of commerce; and
WHEREAS, the City desires to enter into an agreement with the Chamber for the
promotion of business and economic development within the City, and the parties have
negotiated an agreement providing for the performance of such services; and
WHEREAS, the City Council finds and determines that approval of such
agreement is in the best interests of residents of the City of Yakima, will promote
economic development within the City, and will promote the general health, safety and
welfare; therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute and administer the "Yakima
Economic Development Marketing Agreement" by and between the City of Yakima and
the Greater Yakima Chamber of Commerce, a copy of which Agreement is attached
hereto as Exhibit "A" and incorporated herein by this reference; now, therefore,
ADOPTED BY THE CITY COUNCIL this 17th day of February, 2015.
ATTEST: Micah Cawley, Mayor
Sonya Claar Tee, City Clerk
YAKIMA ECONOMIC DEVELOPMENT
MARKETING AGREEMENT
By and Between
CITY OF YAKIMA
And
GREATER YAKIMA CHAMBER OF COMMERCE
THIS YAKIMA ECONOMIC DEVELOPMENT MARKETING AGREEMENT (hereinafter
the "Agreement") is executed by and between the City of Yakima, Washington, a
municipal corporation (hereinafter the "City") and Greater Yakima Chamber of
Commerce, a Washington nonprofit corporation (hereinafter the "Chamber").
I. Recitals
A. The City desires to contract with the Chamber for the promotion and
marketing of economic and business development, and tourism activities, opportunities
and programs within the City.
B. The Chamber is a nonprofit corporation with charitable tax exempt status
under Internal Revenue Code §501(c)(6), with offices at 10 North 9th Street, Yakima,
Washington 98901, whose primary purpose is to promote business and economic
development within the Yakima community as a chamber of commerce.
C. The parties agree that Chamber will administer the funds and activities
described below to promote economic development, business activities and tourism
within the City in accordance with the terms and conditions of this Agreement.
II. Agreement
WHEREFORE, in consideration of the mutual covenants, promises and conditions set
forth herein, the City and the Chamber agree as follows:
1. Payment of Funds by City. In compensation for the services provided by
the Chamber under this Agreement, the City shall pay the Chamber an Administration
Fee upon City's approval of the Action Plan provided in Section 4 below. The amount of
the Administration Fee shall be up to Twenty Thousand Dollars ($20,000.00), payable in
lump sum for the following services (as further defined in Exhibit "A", Scope of
Services):
Market Outreach Collaboration $ 5,000
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All -America City Campaign
"Friends of Flight" Campaign
$10,000
$ 5,000
The amount designated for payment for performance of the "Friends of Flight"
Campaign is contingent upon (a) the award to the City, and acceptance by City, of a
Small Community Air Service Development Grant from the U.S. Department of
Transportation, and (b) the issuance by City to Chamber of a written notice to proceed
with the "Friends of Flight" Campaign.
City may require any request for payment to be supported by documentation of services
performed in accordance with the Scope of Services set forth in Exhibit "A" and the
Action Plan. In the event that this Agreement is terminated prior to expiration of the one-
year term of this Agreement, the Chamber shall remit to the City any unearned portion
of the Administrative Fee as set forth in Section 5 below.
2. Term of Agreement. This Agreement shall commence upon approval and
execution of this Agreement by both parties and shall terminate at midnight, January 31,
2016.
3. Scope of Services. The Chamber shall use the funds received from the City to
perform and administer the services and functions set forth in the Scope of Services
attached hereto as Exhibit "A" and incorporated herein by this reference.
4. Chamber's Action Plan, Proposed Budget and Reports. The Scope of
Services includes an action plan set forth in Exhibit "A" and describes the programs and
timelines for performance of the services set forth in the Scope of Services. Chamber
will consult with City in the performance of such Action Plan as necessary, and City
reserves the right to require modifications of such Action Plan if the City determines that
such modifications are reasonably necessary to accomplish the purposes of this
Agreement. The Chamber will prepare and provide to City a written quarterly report
listing and describing the Chamber's events, plans, programs and timelines to provide
the services described in the Scope of Services and Action Plan. No portion of the
Administration Fee shall be used by Chamber for capital expenditures or for the
purchase of capital assets.
5. Termination of Agreement. This Agreement may be terminated by either
party for any reason upon thirty (30) calendar days' advance written notice to the other
party. Upon the effective date of termination, Chamber will remit any unearned or
uncommitted portion of the Administration Fee together with documentation supporting
the previous expenditure or commitment of funds incurred in the performance of the
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Scope of Services occurring prior to the effective date of termination. "Commitment of
funds" means those funds necessary to defray costs of any contracts with third parties
entered into by Chamber for the sole benefit of City as set forth in the Action Plan.
Notwithstanding the above, upon termination of this Agreement by City pursuant to this
Section 5, Chamber shall use best efforts to terminate any contract for the sole benefit
of City entered into by Chamber for the sole benefit of City unless otherwise directed in
writing by City.
6. Property and Equipment. The parties do not intend to purchase property and
equipment with the proceeds paid to Chamber pursuant to this Agreement.
7. Records and Accounts. The Chamber shall maintain (in accordance with
generally accepted accounting practices) books, accounts, records, documents and
other materials related directly or indirectly to the costs, expenses, and expenditures
incurred and/or made pursuant to this Agreement. All such books, accounts, records,
documents and other materials shall be subject to inspection and audit at reasonable
times by representatives of the City of Yakima and/or of the Washington State Auditor.
The Chamber shall make such books, accounts, records, documents and other
materials available and afford the proper facilities for such inspection and/or audit within
forty-eight (48) hours of inspection/audit notification from any of said local and/or state
government representatives. Said books, accounts, records, documents and other
materials may be copied by said local and/or state government representatives as part
of such an inspection/audit. The Chamber shall preserve and make available all books,
accounts, records, documents and other materials for a period of at least three (3) years
after termination of Agreement.
8. Insurance. It is understood the City does not maintain liability insurance for the
Chamber and/or its officers, employees, agents and/or subcontractors.
9. Hold Harmless.
a. The Chamber agrees to protect, defend, indemnify, and hold harmless
the City and its officers, elected officials, 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 disbursements) caused by or
occurring by reason of any negligent act and/or omission of the
Chamber, its officers, employees, agents, and/or subcontractors, arising
out of or in connection with duties, obligations, and services required of
the Chamber under this Agreement.
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b. In the event that both the Chamber and the City are negligent, the
Chamber's liability for indemnification of the City shall be limited to the
contributory negligence for any resulting suits, actions, claims, liabilities,
damages, judgments, costs and expenses (including reasonable
attorneys' fees) that can be apportioned to the Chamber, its officers,
employees, agents and/or subcontractors.
c. Nothing contained in this Section or this Agreement shall be construed to
vest a right of defense and/or indemnification in any third party.
d. The provisions of this Section or this Agreement shall survive the
termination or expiration of this Agreement.
10. Independent Contractor. In performing this Agreement, the Chamber is an
independent contractor, not subject to control or direction from the City except for such
oversight as is herein described and set forth by City ordinance. The Chamber
expressly represents, warrants and agrees that its status as an independent contractor
in the performance of the work and services required under this Agreement is consistent
with and meets the six -part independent contractor test set forth in RCW 51.08.195.
The Chamber and its officers, employees, agents, subcontractors and volunteers shall
make no claim of City employment nor shall claim against the City any related
employment benefits, social security and/or retirement benefits.
11. Taxes and Assessments. The Chamber shall be solely responsible for
compensating its officers, employees, agents and/or subcontractors 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 or in connection with the duties, obligations and services
required of the Chamber under this Agreement, the Chamber shall pay the same before
it becomes due.
12. Nondiscrimination. During the performance of this Agreement, the Chamber
shall not discriminate on the basis of age, sex, race, creed, religion, color, national
origin, marital status, disability, honorably discharged veteran or military status,
pregnancy, sexual orientation, and any other classification protected under federal,
state, or local law. 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 training, and the
provision of services under this Agreement. Chamber agrees to comply with the
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applicable provisions of State and Federal Equal Employment Opportunity and
Nondiscrimination statutes and regulations.
13. The Americans with Disabilities Act. The Chamber shall comply with the
Americans with Disabilities Act of 1990, 42 U.S.0 §§ 12101 et seq.("ADA") and its
implementing regulations and Washington state's anti -discrimination law as set forth in
Chapter 49.60 RCW ("WLAD") and its implementing regulations, with regard to the
provision of services under this Agreement. The ADA and the WLAD provide
comprehensive civil rights to individuals with disabilities in the area of employment,
public accommodations, public transportation, state and local government services and
telecommunications.
14. Compliance with Law. The Chamber shall provide all services under this
Agreement in full compliance with any and all applicable laws, rules and regulations
adopted or promulgated by any governmental agency or regulatory body, whether
federal, state, local or otherwise.
15. Assignment. This Agreement, or any interest therein, or claim hereunder, 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 as stated herein.
16. Severabilit
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.
c. Should either party determine that the severed portions substantially alter
this Agreement so that the original intent and purpose of the Agreement
no longer exists, said party may, in its sole discretion, terminate this
Agreement upon thirty (30) calendar days' advance written notice to the
other party.
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17. Non -waiver. A waiver by either party hereto of a breach by the other party
hereto of any covenant or condition of this Agreement shall not impair the right of the
other 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 Agreement, 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.
18. Notices. Unless stated otherwise herein, all notices and demands shall be in
writing and sent or hand -delivered to the parties at their respective addresses as
follows:
To the City:
To the Chamber:
Tony O'Rourke, City Manager
City of Yakima
129 North 2nd Street
Yakima, Washington 98901
Verlynn Best, President
Greater Yakima Chamber of Commerce
10 North 9th Street
Yakima, Washington 98901
Mailing:
P.O. Box 1490
Yakima, Washington 98907
or to such 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. 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.
20. Integration and Supersession. 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. There are no
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terms, conditions, or agreements with respect thereto except as herein provided, and no
amendment or modification of this Agreement shall be effective unless reduced to
writing and executed by the parties.
21. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
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.
23. Dispute Resolution. The parties shall strive to resolve any dispute that may
arise through mutual cooperation and negotiation in good faith. If the dispute is not
resolved through negotiation, the parties may consider mediation or other form of
dispute resolution but only where mutually agreed to in writing.
WHEREFORE, the parties have executed this Agreement as set forth below:
CITY OF YAKIMA GREATER YAKIMA CHAMBER OF
COMMERCE
By: By:
Tony O'Rourke, City Manager Verlynn Best, President
Date: , 2015 By:
Sue Price -Scott, Secretary
ATTEST:
By:
Sonya Claar Tee, City Clerk
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Date: , 2015
EXHIBIT "A" — SCOPE OF SERVICES
Greater Yakima Chamber of Commerce
As a declaration to our vision, the Greater Yakima Chamber of Commerce ("Chamber") is
an organization that promotes pride in our communities through positive, active
leadership aimed at creating a cohesive, successful business climate. We feel in order to
make this a successful vision; we need the support of the City of Yakima.
TASKS, TIMELINES AND COMPENSATION:
Market Outreach Collaboration: $5000.00
• Chamber intends to educate and communicate City wide events and news:
parking, safety, and business development. Opportunities to host informational
luncheons, membership forums, etc. Informational luncheons are every second
Tuesday of every month, and two informational luncheons will be scheduled for
City informational presentations on dates mutually agreed by the Chamber and
City.
• Marketing citizen information showcases: Airport & North 1st improvements,
Yakima Central Plaza etc. @ weyakimavorq. Citizen Showcases will be March
2015 to February 2016, presented on Chamber web site, with links to City web
sites and on-line applications or portals.
• Promote city business opportunities, through direct chamber email and social
marketing platforms. Promotion will occur throughout the term of Agreement,
and will include working with Downtown Association of Yakima (DAY) and the
Downtown Yakima Business Improvement District (DYBID) events calendars.
• Six City features in the Chamber Action Report — "Message from the City" , for
the months of March, May, July, September, and November 2015, and January
2016.
• Access to your community online calendar
• Links to city websites, social media etc.
• Legislative forums
All America City Campaign: $10,000.00
Although the Chamber's efforts were far from unnoticed in the 2014 All America City
campaign, the Chamber is ready to tackle this project from the ground up in 2015 and
intends to spend more time communicating to our community why we are worthy and
deserving of this designation and really have a strong foot hold beneath us as we
prepare our coalition to go forward and bring this Award back to the Valley. As Yakima
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has grown, its strength has always been one of Civic Pride and Rebuilding Supporting
and Endorsing the New. The image and self-esteem of this valley is crucial to future
success and we, as a Chamber of Commerce, recognize our role in keeping it positive
and healthy. The City of Yakima serves to be a great beneficiary of the All America City
award coming home to us once again — 21 years later.
The $10,000 payment from the City of Yakima is all inclusive. It will include the travel
costs associated with bringing one City of Yakima staff person along for the trip to
Denver, if awarded. The rest of the funds will be reserved for any expenses incurred
by presentation members such as the young people who have been helped by the
programs in our application. The Chamber will also cover the cost of guardians or family
members for minors traveling which will include airfare, hotel, dining, and transportation.
The Chamber, along with the "All -America City" committee, will handle all administrative
duties, presentations, and details of travel. The Chamber will start fundraising as soon
as the City is announced as a finalist. Many Chamber members paid their own way last
year and will commit to doing so again this year.
In 2014, the "All -America City" committee took 13 Attendees to the finals (@ $2000.00
per person (airfare & hotel, meals) = $26,000.00. The goal for 2015 is to raise an
additional $30,000.00 (above the $10,000 payment from the City described above.)
The Chamber and City agree that the City's $10,000 payment pursuant to this
Agreement shall be the only compensation paid by the City for the Chamber's All -
America City campaign and performance of the tasks set forth herein.
Tasks:
• Prepare, plan and execute award winning presentation to bring the All- America
City Campaign back to Yakima, which will include marketing, press releases,
fund raising, and putting together a team to represent and honor Yakima in the
manner it truly merits.
• Timelines: Committee has already met twice (Jan. 30th, Feb. 6th)and will
continue to meet every Friday at 8:00 AM at the Chamber: January 30th,
February 6,13,20,27, Mar. 6,13,20,27, April 3,10,17,24, May 1,8,15,22,29,
(rehearsals begin) June 3,4,5,9,10,11, all in year 2015
• Chamber will work on the application, which is: due on or before March 10,
2015
• Finalist announced: Early April "Yakima, WA"
• Presentation: Denver, CO June 11th -14th, 2015
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Friends of Flight Campaign: $5000.00*
The "Friends of Flight" Campaign is contingent upon the award to the City of a Small
Community Air Service Development Grant from the U.S. Department of Transportation.
If such grant is awarded and received by the City, the City will give Chamber a written
notice to proceed with the "Friends of Flight" Campaign component described below.
Chamber intends to spearhead the campaign efforts of business travel with service out
of Yakima by refreshing the ideas of the Yakima Airport as a viable option for service to
Yakima. Our business community is still very much of the mindset that it is cheaper to
drive and park. The Chamber will strive to change this mindset by holding forums,
luncheons, press releases as well as PSA type announcements to Chamber's members
via its Action Report newsletter, as well as promoting the FLY YKM through its
membership (contests, etc.), the Chamber is able to reach the highly targeted
demographic that the City of Yakima is looking for to turn around the mentality that our
airport is the best means of travel and in order to continue that service and possibly
even expand service out of Yakima, we need the population to use it.
• If given notice to proceed by the City, Chamber will prepare a marketing plan,
promote, execute, educate and encourage our community to exemplify the FLY
YKM model - including but not limited to forums, contests, luncheons devoted to
our community supporting local commerce. Upon authorization from City,
Chamber, will commence the activities above and perform for the term of this
Agreement.
*Performance of this task, and the payment of funds allocated for the "Friends of Flight" Campaign are
only payable if (a) the City receives THE Small Community Air Service Development Grant from the U.S.
Department of Transportation described above, and (b) issuance by City to the Chamber of a written
notice to proceed with the "Friends of Flight" program.
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