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HomeMy WebLinkAboutR-1994-160 Development AssociationRESOLUTION NO. R-94 - 160 A RESOLUTION authorizing the City Manager and the City Clerk to enter into a contract with the Yakima County Development Association for public sector services. WHEREAS, the Yakima County Development Association ("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 those 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; diversified private and public investments; and competitive and skilled work force; and WHEREAS; YCDA employs staff who possess expertise in community economic development programs; 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 attempt to provide the same service at a greater expense; and WHEREAS, the City wishes to exercise authority granted to it under RCW 35.21.703 by contracting with YCDA to provide an economic development program and specific economic development assistance to Contractor; and WHEREAS, The City desires to have certain services performed by the YCDA as described within this Contract, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute a contract with Yakima County Development Association, entitled "Yakima County Development Association Public Sector Service Contract," a true copy of which is attached hereto and incorporated herein. ADOPTED BY THE CITY COUNCIL this 20thday of December ATTEST: City Clerk Mayor lap/contracts/ycda/ycda-res 12/16/94 12:11 PM , 1994. • YAKIMA COUNTY DEVELOPMENT ASSOCIATION PUBLIC SECTOR SERVICE CONTRACT CONTRACTOR City of Yakima, Washington CONTRACT PERIOD: December 22, 1994 to December 31, 1999 THIS CONTRACT is entered into by City of Yakima ("the City"), a municipal corpo- ration, and the Yakima County Development Association ("YCDA"), a Washington non- profit corporation. 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 pro- grams; and WHEREAS, economic development programs are coordinated public and private ac- tions 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 com- petitive 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 de- scribed within this Contract; 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: I. 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 of 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. lap/contracts /ycda/ycda-k final 12/16/94 12:08 PM YAKIMA COUNTY DEVELOPMENT ASSOCIATION PUBLIC SECTOR SERVICE CONTRACT — Page 1 of 5 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. As additional consideration, beyond its general mission of economic development in Yakima County, YCDA shall dedicate its professional and support staff to specific objectives to be mutually updated and agreed on an annual basis. As objectives for the 1995 calendar year YCDA shall: A. Initiate and facilitate a process to bring together potential constituencies to plan, identify possible financing sources to be considered, promote development of and encourage construction of one or more industrial properties. B. Screen manufacturing and warehousing/distribution retention and expansion clientele. When permitted by a client company, YCDA will coordinate efforts to involve the City's authorized, designated officials and staff. G Assist the City to improve the community's location opportunity preparedness for manufacturing and warehousing/distribution clients. D. Assist the City in marketing the empowerment zone (state and federal if approved) to manufacturing and warehousing/distribution firms seeking a City of Yakima location. E. Market the entire county including the City of Yakima, to manufacturing firms b) attending and providing recruitment efforts at targeted trade shows. F. Promote a positive and coordinated business climate among partnering agencies interested in economic development by facilitating the monthly Economic Development Resource Team ("EDRT'). G. During 1995, evaluate the possibility, purpose and desire for a county economic summit to elicit input regarding the area's economic development efforts, and prepare a report with recommendations. H. Evaluate the possibility, purpose and desirability of YCDA hosting or co - hosting an industry appreciation event, emphasizing the many positive and successful partnerships, and prepare a report with recommendations. I. Advise the City, when requested, regarding industrial sector needs relative to the preparation of land use designation and urban development policies. Advise the City, when requested, regarding specific manufacturing and warehousing/distribution proposals relative to its development projects, including any ideas for growth and development mitigation to be proposed. K. Advise the City, when requested, regarding public services planning for manufacturing and warehousing/distribution development areas, including comment on streets, water, sewer, land use and other public services. J. lap/contracts /ycda/ycda-k final 12/16/94 12:08 PM YAKIMA COUNTY DEVELOPMENT ASSOCIATION PUBLIC SECTOR SERVICE CONTRACT -- Page 2 of 5 • II. DURATION OF CONTRACT This Contract shall commence on the 22nd day of December, 1994 and shall terminate on December 31, 1995, but may be renewed annually through December 31, 1999, subject to performance review and evaluation conducted by the City Council during the yearly budget review process. III. COMPENSATION, METHOD OF PAYMENT, REPORTING YCDA shall receive payment for services as specified in this Contract in the amount of S12,500 for the second half of 1994, to be paid on December 23, 1994. For 1995, payment shall be made to YCDA in two equal installments on January 15, and July 15. In the following years, payment shall be made to YCDA in two equal installments on January 15, and July 15, provided that this contract is renewed and compensation for services is authorized in the City's yearly budget based the annual performance review and evaluation. YCDA shall submit quarterly written reports including, for the fourth quarter of each year, an annual written project report to be delivered by January 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 of investment, and new jobs within Yakima County which affect economic development of the City. IV. INTERNAL CONTROL AND ACCOUNTING SYSTEM YCDA shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and government accounting and financial reporting standards. V. ESTABLISHMENT AND MAINTENANCE OF RECORDS 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. VI. AUDITS AND INSPECTIONS A. Records and documents pertaining to all matters covered by this Contract shall be subject at all times to inspections, review, or audit by the City and/or federal/state officials so authorized, including but not limited to, the Washington State Examiner. B. YCDA shall have its annual financial statement 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. G 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 pro- vided under the Contract. The City will give advance notice to YCDA in the case of fiscal audits to be conducted by the City. lap/contracts /ycda/ycda-k final 12/16/94 12:08 PM YAKIMA COUNTY DEVELOPMENT ASSOCIATION PUBLIC SECTOR SERVICE CONTRACT — Page 3 of 5 VII. REVIEW AND EVALUATION YCDA 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. VIII. 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. IX. INSURANCE AND INDEMNIFICATION YCDA shall procure and maintain at its own expense for the duration of this Contract insurance against injury to persons or damage to property or rights which may arise from, or in connection with the performance of work hereunder by YCDA, its agents, representatives, employees. 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. X. NONDISCRIMINATION During the performance of this Contract, YCDA shall not discriminate on the basis of race, color, sex, religion, nationality, creed, sexual orientation, marital status, age, or the presence of any sensory, mental or physical handicap in employment or appli- cation for employment or in the administration or delivery of services or any other benefits under this Contract. XI. 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 func- tions 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 un- der this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XII. 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 manager for the City, c/o City Manager, City Hall, 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. lap/contracts /ycda/ycda-k final 12/16!94 12:08 PM YAKIMA COUNTY DEVELOPMENT ASSOCIATION PUBLIC SECTOR SERVICE CONTRACT — Page 4 of 5 • XIII. 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. XIV. 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 consid- eration as loans, grants, or gifts to public or private entities for any purpose whatso- ever 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. XV. WHOLE AGREEMENT This Contract constitutes the whole and entire agreement between the parties. XVI. ASSIGNMENT YCDA shall not assign any of its duties under this Contract without the prior written consent of the City. XVII. SEVERABILITY In the event any portion of this Contract is found to be invalid, it is the intent of the parties to enforce the remainder of the Contract. CITY OF YAKIMA YAKIMA COUNTY DEVELOPMENT ASSOCIATION Signature Signature Name Name Title Title Date ATTEST Date Approved as to form City Clerk Title lap/contracts /ycda/ycda-k final 12/16/94 12:08 PM YAKIMA COUNTY DEVELOPMENT ASSOCIATION PUBLIC SECTOR SERVICE CONTRACT -- Page 5 of 5 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1D - For Meeting Of 12-20-94 ITEM TITLE: Authorization to contract with the Yakima County Development Association for Professional Services SUBMITTED BY: Glenn J. Valenzuela, Director of Community & Economic Development CONTACT PERSON: Glenn J. Valenzuela, 575-6113 SUMMARY/EXPLANATION: The City Council authorized a new contract with Yakima County Development Association for the purpose of professional services in the area of economic development. Council directed that staff develop the new contract in the following manner: 1) The contract should be consistent with all city contracts for professional services. 2) The contract should have clear goals and objectives. 3) The contract should be renewable on a yearly basis based on performance. City staff has completed its meetings with YCDA and has prepared the attached contract. The proposed contract is consistent with all city professional service contracts. The goals and objectives have been placed in the scope of work section of the contract. YCDA reports will speak to these objectives on a quarterly basis. In addition, YCDA will make quarterly reports to the Council Committee on Economic Development. The contract will be reviewed on a yearly basis during the Council's budget process at which time the Council will discuss the level of funding. Council should note that there is a $12,500 allocation for services the last six months of 1994. The Council approved a $25,000 amount for YCDA during the 1994 budget cycle. The funds were to be allocated in two installments. The 1994 budget expired June 30,1994 without the allocation of the second installment. This contract will allow for the allocation and place future YCDA contracts on the City budget cycle process. Resolution Ordinance_ Contract _ Other (Specify) Funding Source General Fund APPROVAL FOR SUBMITTAL: -->1 ; CityManager STAFF RECOMMENDATION: Approve resolution. BOARD/COMMISSION RECOMMENDATION: Council Committee on Economic Development recommends approval. COUNCIL ACTION: R J b o Ytc - 113