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HomeMy WebLinkAboutR-1995-004 Amendment to R-94-160RESOLUTION NO. R-95 - 4_ A RESOLUTION authorizing the City Manager and the City Clerk to execute a corrected version of the contract with the Yakima County Development Association for public sector services which was previously approved by City Council. WHEREAS, on December 20, 1994, this Council, by Resolution R-94-160, approved for execution by the City Manager and City Clerk a contract with the Yakima County Development Association ("YCDA") which this Council understood and intended to obligate the City to payment of a total of Twenty Nine Thousand Eight Hundred Seventy Two Dollars ($29,872) as compensation for YCDA's services during 1995, and WHEREAS, the text of the contract attached to Resolution R-94-160 mistakenly failed to express the amount to be paid by the City as compensation for YCDA's services during 1995; and WHEREAS; it is in the best interests of the City that the City Manager and City Clerk be authorized to execute a corrected contract for YCDA's services which does not alter any of the intended contract terms, but which does express an obligation undertaken by the City to pay a total of Twenty Nine Thousand Eight Hundred Seventy Two Dollars ($29,872) as compensation for YCDA's services during 1995; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAIUMA: The City Manager and the City Clerk are hereby authorized and directed to execute the corrected 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 by reference. ADOPTED BY THE CITY COUNCIL this 10thday of January , 1995. Qa-e 24.(et,,ff-fr• Mayor ATTEST: City Cle Acting lap/contracts/ycda/ycda-res 1/5/95 3:02 PM 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 1/5/95 1:51 PM YAKIMA COUNTY DEVELOPMENT ASSOCIATION PUBLIC SECTOR SERVICE CONTRACT -- Page 1 of 5 CITY CONTRACT N0: 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. C 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 by 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 1/5/95 1:51 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 $12,500 for the second half of 1994, to be paid on December 23, 1994. For 1995 for services as specified in this Contract, YCDA shall receive a total of Twenty Nine Thousand Eight Hundred Seventy Two Dollars ($29,872), which amount shall be paid to YCDA in two equal installments of Fourteen Thousand Nine Hundred Thirty Six Dollars ($14,936), with one installment due on January 15, and one installment due on 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. 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 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 1/5/95 1:51 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 1/5/95 1:51 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 R. A. Zais, Jr. Name City Manager Title /-/(-93- Date --/8-95 Date ATTEST C44v‘'l City Clerk Signature ro5ePH c, 2. G Name 1 ce CA, v D/ Title — a 7— 9. - Date Approved as to form Title lap/contracts /ycda/ycda-k final 1/5/95 1:51 PM YAKIMA COUNTY DEVELOPMENT ASSOCIATION PUBLIC SECTOR SERVICE CONTRACT -- Page 5 of 5 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON SNDA STATEMENT Item No. 13 For Meeting Of Jan, 10, 1995 ITEM TITLE: CORRECTED CONTRACT WITH YCDA SUBMITTED BY: LAWRENCE A. PEI ERSON, ASSISTANT CITY ATTORNEY CONTACT PERSON/TELEPHONE: LARRY PETERSON, 575-6030 SUMMARY EXPLANATION: The text of the contract attached to Resolution R-94- 160, and approved by Council on December 20, 1994 for execution by the City Manager and Clerk, mistakenly failed to express the amount (a total of Twenty Nine Thousand Eight Hundred Seventy Two Dollars ($29,872)) to be paid by the City as compensation for YCDA's services during 1995. The attached resolution and contract correct that error. Resolution X Ordinance Contract X Other(Specify) Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: ADOPT THE PROPOSED RESOLUTION. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolut ion adopted, Res. No. R-95-4 lap/general/AGENDA FORM.lap