Loading...
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 (1s)res/tradec pm C v'-% 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. Page 1 of 5 (1s)agr/tradec pm 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. Page 2 of 5 (1s)agr/tradec pm 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 Page 3 of 5 (1s)agr/tradec pm 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: Page 4 of 5 (1s)agr/tradec pm 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: Page 5 of 5 (1s)agr/tradec pm 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.