HomeMy WebLinkAboutR-1994-120 Federal Enterprises CommunityRESOLUTION NO. R-94- 120
A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima
to execute an agreement between the City of Yakima and the Trade
and Development Consortium, Inc. for purposes of promoting and
obtaining approval of a Federal Enterprises Community
application.
WHEREAS, the City needs professional services to assist in submitting and
obtaining approval of a grant application for status as a Federal Enterprise
Community, hereinafter "FEC"; and
WHEREAS, the City does not have staffing levels or specialized expertise to
conduct the necessary support activities to obtain designation as a FEC; and
WHEREAS, the Trade and Development Consortium, Inc., hereinafter "TRADEC,"
has the experience, expertise, and professional staff to assist the City in developing
and obtaining status as a FEC and is willing to do so in accordance with the terms and
conditions of the attached agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the
City to contract with TRADEC to utilize their experience, expertise, and professional
staff in accordance with the terms of the attached 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 Professional Services Agreement with TRADEC for the
purpose of developing and obtaining status as a Federal Enterprise Community.
ADOPTED BY THE CITY COUNCIL thisl3th day of September , 1994.
At -e- do74-
ATTEST: Mayor
City Clerk
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF YAKIMA AND
THE TRADE AND DEVELOPMENT CONSORTIUM, INC.
THIS AGREEMENT is made and entered into by and between the City of
Yakima hereinafter the "City," and the Trade and Development Consortium,
Inc., hereinafter "TRADEC."
WHEREAS, the City needs professional services to assist in developing
and obtaining status as a Federal Enterprise Community, hereinafter "FEC."
WHEREAS, the City has entered into previous professional services
agreements with TRADEC for the purpose of assisting the City in developing
and obtaining status as a FEC.
WHEREAS, TRADEC has the experience, expertise, and professional staff
necessary to assist the City in developing and obtaining status as a FEC and is
willing to do so under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises,
and agreements set forth herein, it is agreed by and between the City and
TRADEC as follows:
1. PROFESSIONAL SERVICES. TRADEC will provide the following services
during the time period of September to November 1994 to assist the City in
obtaining approval of its application for designation as a FEC:
A. Project Management. TRADEC's project management and
staffing requirements are set forth in Exhibit "A," which is attached and
hereby incorporated into this Agreement.
B. Work with Congressional Delegates. TRADEC will work with
appropriate United States Congressional delegates to ensure that a
Congressional staff member(s) is assigned to follow the FEC designation
process. TRADEC will provide FEC designation status reports to the City
on a regular basis and when requested to do so by a representative of the
City.
C. Work with Community and Business Leaders of the City.
TRADEC will work with community and business leaders from the City in
order to leverage further support from federal offices for designation of
the City as a FEC. As part of such work, TRADEC will provide the City
with copies of the various written correspondence from the City's
community and business leaders requesting support for the City's
designation as a FEC. TRADEC will also investigate and identify
potential property/building sites to be used as a FEC office location if
and when the City is designated as a FEC.
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D. Meetings with United States Government Officials. TRADEC
will execute targeted meetings with United States Government officials in
Washington, D.C. to present and discuss the City's FEC application and
to request active support from said officials. TRADEC will inform the
City of the results of said meetings.
E. Work with Registered Lobbyist. TRADEC will work with
appropriate registered lobbyists to assist in leveraging support from the
United States Department of Housing and Urban Development (HUD).
TRADEC will assist in arranging meetings between said lobbyists and
HUD officials. TRADEC will provide a status report to the City following
said meetings.
F. Presentation. Upon request from the City and proper notification,
TRADEC agrees to provide all presentations explaining any or all aspects
of the work and services performed under this Agreement to the City
and/or to the public. The City agrees to notify TRADEC of the time and
place of any requested oral presentation at least five (5) days prior to the
date for the presentation.
G. Information. The City shall furnish TRADEC with all documents,
data, information, and other items regarding the FEC application and
reasonably necessary the work and services required under this
Agreement.
The above services represent benchmark activities and are not intended to be a
comprehensive list of tasks to be accomplished by TRADEC. A comprehensive
action plan will be developed and will serve as the overall management
document concerning detailed tasks and responsibilities, as well as
establishing a timeline for execution of the task.
2. PROPERTY RIGHTS. All exhibits, data, and other work materials
prepared pursuant to this Agreement are, and shall remain, the property of the
City to be used by the City as it requires.
3. TERM OF AGREEMENT. TRADEC shall commence services and work
required hereunder upon execution of this Agreement and shall complete said
services/work on or by November 30, 1994.
4. CONSIDERATION. In consideration of TRADEC's performance of all
terms and conditions of this Agreement, the City agrees to pay TRADEC a total
sum not to exceed Four Thousand Five Hundred Dollars ($4,500.00). Payment
shall be made in three (3) equal monthly installments, payable on or before the
20th of each month. The hourly fee schedule for TRADEC services is Eighty
Five Dollars ($85.00) per hour for professional services of principal staff; Forty
Five Dollars ($45.00) per hour for associates; and Thirty Five ($35.00) per hour
for marketing and administrative services. All hourly fees will be included in
the above sum.
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TRADEC shall also be reimbursed for its expense as documented and
incurred on behalf of the City. Expenses eligible for reimbursement include the
following: long distance telephone, fax, postage, mileage, copies/printing, air
fare, hotel, and meals not to exceed Two Hundred Dollars ($200.00) per month
unless otherwise authorized by the City. Such expenses must be reasonable
and must receive prior approval from the City Director of Community and
Economic Development before the City will reimburse TRADEC.
TRADEC will submit to the City documentation of services performed,
hours worked, and expenses incurred for each month on the 1st of the
following month.
5. EXCLUSIVENESS. TRADEC will provide Enterprise Community,
Enterprise Empowerment, and Rural Empowerment Community services
exclusively to the City. No employee or independent contractor of TRADEC
may supply support of any other Washington State community FEC application
during the term of this Agreement.
6. INDEPENDENT CONTRACTOR STATUS OF TRADEC. TRADEC and the
City understand and expressly agree that TRADEC is an independent
contractor in the performance of each and every part of this Agreement and
that none of TRADEC's employees shall be considered an employee of the City.
TRADEC shall make no claim of City employment nor shall claim any related
employment benefits from the City, including but not limited to, medical
benefits, social security, and/or retirement. TRADEC has no authority to nor
shall TRADEC represent that it has authorization to bind the City in any
manner.
7. TAXES AND ASSESSMENTS. TRADEC shall be 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, TRADEC shall pay the same
before it becomes due.
8. DISCRIMINATION. TRADEC shall not discriminate against any
employee or applicant on the grounds of race, creed, color, religion, national
origin, sex, marital status, age or the presence of any sensory, mental or
physical handicap. Such an action shall include but not be limited to:
employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation;
and programs for training including apprenticeships.
9. COMPLIANCE WITH LAW. TRADEC agrees to perform the services and
work under and pursuant to this Agreement in full compliance with any and all
applicable laws, rules, and regulations adopted or promulgated by any
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governmental agency or regulatory body, whether federal, state, local, or
otherwise.
10. NO INSURANCE. It is understood that the City does not maintain
liability insurance for TRADEC and/or its employees.
11. HOLD HARMLESS. TRADEC shall defend, indemnify, and hold
harmless the City, its agents, officers, and employees from any and all liability
or loss, and against all claims or actions based upon or arising out of damage
or injury, including death, to persons or property caused by or sustained in
connection with TRADEC's performance of this Agreement.
12. DELEGATION OF PROFESSIONAL SERVICES. Services provided for
herein shall be performed by TRADEC, and no other person other than regular
associates or employees of TRADEC shall be engaged upon such work/services
except upon written approval of the City.
13. ASSIGNMENT. This Agreement, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part by TRADEC
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 TRADEC stated
herein.
14. TERMINATION. The City may terminate this Agreement, with or without
cause, by giving TRADEC ten (10) days written notice of termination.
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. INTEGRATION. This written document constitutes the entire agreement
between the City and TRADEC. No 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.
17. 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 TRADEC:
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City Manager
City of Yakima
129 North 2nd Street
Yakima, WA 98901
Trade and Development Consortium, Inc.
One Union Square
600 University Street, Suite 2801
Seattle, WA 98101
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. Such notices shall be deemed effective when mailed or hand delivered
at the addresses specified above.
18. GOVERNING LAW. This Agreement and the attachment hereto shall be
governed and construed in accordance with the laws of the State of
Washington.
19. ATTORNEY'S FEES. In the event that any suit or action is instituted by
either party to enforce the compliance with or interpret any of the terms,
covenants or conditions of this Agreement, the prevailing party shall be entitled
to collect, in addition to necessary court costs, such sums as the court may
adjudge as reasonable attorney's fees. 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 TRADE AND DEVELOPMENT
CONSORTIUM, INC.
By:
Dick Zais, ity Manager
Date: ,a&Y� 1P
c�
ATTEST:
CITY CONTRACT NO.
City Clerk
State of Washington
County of Yakima
:ss.
)
Date:
I certify that I know or have satisfactory evidence that C'S e is
the person who appeared before me, and said per o
he/she signed this instrument, on oath stated that
execute the instrument and acknowledged it as the
and Development Consortium, Inc., to be the free and vo
party for the uses and p • oses mentioned ' • ., e i ( strume
cknowledged that
orized to
of Trade
untary act of such
DATED:
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NOTARY P
of Washington, r
My commission expires:
e State
PROJECT MANAGEMENT AND STAFFING REQUIREMENTS
The majority of coordinator's work will be conducted from TRADEC's Yakima
office with on-site work in Seattle and Washington, D.C. as required.
Project Management and Staffing:
The project manager will be Leslie Flath Ganz, Vice President of TRADEC. Ms.
Ganz will have overall responsibility for the project and for ensuring the timely
completion of each component within the project budget and for liaison with
the client. Michelle Bogard in TRADEC's Yakima office will be responsible for
all day-to-day activities and will serve as the principal liaison with the client.
She will be assisted by Shelly Glover.
Serving as Senior Advisor on the project will be Scott Jackson, President and
C.E.O. of TRADEC. Mr. Jackson will be involved primarily in analytical
activities including overall project development and strategic planning.
Key Personnel Biographical Sketches
Scott Jackson, President and Chief Executive Officer
Mr. Jackson received his Masters in International Business from the University
of Edinburgh as a Rotary Foundation Scholar. His professional experience
includes positions in both the public and private sectors. As District Director
for former Congressman Don Bonker, Mr. Jackson was responsible for
international trade policy and legislative work including the 1988 Omnibus
Trade Act, the U.S. Department of Commerce and the U.S. Department of
Agriculture. Mr. Jackson has been directly responsible for numerous
international marketing and promotion events and activities resulting in
opening up new markets for business, which includes identifying and securing
seed and programming funds for economic development initiatives.
Leslie Flath Ganz, Vice President
Ms. Ganz holds a Bachelor of Arts degree in Government from Georgetown
University and has held positions with the International Monetary Fund, the
Pathfinder Corporation for International Trade and Pacific Northwest Ballet's
marketing department. Ms. Ganz was responsible for overall project
development and execution of the 1990 Goodwill Games International Trade
Exhibition, the Washington State Agricultural Showcase and the 1993 Export
Expo in Buffalo, NY. Ms. Ganz is proficient in French and her responsibilities
at TRADEC includes project management and business development.
EXHIBIT "A"
Michelle D. Bogard, Associate
Ms. Bogard holds a Bachelor of Arts in International Studies from Southern
Oregon State College and has experience in public sector funding procurement
research, event planning and international promotion through her work with
the International Trade Institute in Portland, OR and a hardwood veneer
import/export company. Ms. Bogard is fluent in German and manages the
promotional marketing division at TRADEC.
Shelly Glover, Associate
Ms. Glover is certified in tourism and hospitality through the American Hotel
and Motel Association Education Institution. She has gained extensive
international marketing experience through volunteer work for the Central
Washington International Trade Resource Center. Ms. Glover is responsible for
providing assistance to Senior Associate Michelle Bogard on Washington State
Agricultural Showcase as well as other Central Washington accounts.