HomeMy WebLinkAbout04/19/2016 05J Economic Development Services Agreement with Yakima County Development Association (New Vision)BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 5.J.
For Meeting of: April 19, 2016
ITEM TITLE: Resolution authorizing economic development services contract
with Yakima County Development Association (New Vision)
SUBMITTED BY: Sean Hawkins, Economic Development Manager, 575 -6274
SUMMARY EXPLANATION:
In 2014, the Yakima City Council approved a five year funding agreement with the Yakima County
Development Association (New Vision) for economic development services. The agreement
allows the City of Yakima to make changes to the agreement on an annual basis if needed. The
Council Economic Development Committee recommended that the following two items be added
to the scope or work for New Vision in 2016:
A. Make bi- annual presentations to the Yakima City Council and /or Yakima City Council
Economic Development Committee regarding status of trade shows, business recruitment
leads, site visits, property searches within Yakima, and Yakima businesses assisted, and
B. Work with the city to identify Yakima based businesses that are ready for economic
development assistance and help them connect with state resources and other grants in
order to take their business to the next level.
The City has included $33,000 in the 2016 budget to cover the financial obligation of this
contract.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Economic Development
J�
APPROVED FOR SUBMITTAL: Interim City Manager
STAFF RECOMMENDATION:
BOARD /COMMITTEE RECOMMENDATION:
The Council Economic Development Committee reviewed the contract on March 24 and
recommended it be sent to the full Council for approval.
ATTACHMENTS:
Description
Upload Date
Type
D resoolution
4/1412016
Cmer Memo
D YCDA agreement clean
4/12/2016
Cowr Merno
D YCDA agreement redline
4112/2016
Coxer Memo
RESOLUTION NO. R -2016-
A RESOLUTION authorizing an agreement with the Yakima County Development
Association (New Vision) for economic development services.
WHEREAS The City has a significant interest in the economic development of the
City; and
WHEREAS, The City finds that working together with New Vision can expand and
improve economic development in Yakima and that New Vision can provide needed
additional economic development services for the City; and
WHEREAS, The City desires to continue its work with New Vision to continue to
bring in economic development to the City; and
WHEREAS, the City Council for the City of Yakima finds that it is in the best
interest of the residents of the City to enter into a contract for economic development
services with Yakima County Development Association (New Vision), now, therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. The Economic Development Services Contract between the City of
Yakima and Yakima County Development Association (New Vision) attached hereto as
Exhibit "A" and fully incorporated herein by this reference, is hereby authorized and
approved.
Section 2. The City Manager is hereby authorized to execute and administer
such Agreement for and on behalf of the City of Yakima; now, therefore
ADOPTED BY THE CITY COUNCIL this 19th day of April, 2016.
ATTEST:
Sonya Claar Tee, City Clerk
Holly Cousens, Mayor Pro Tern
YAKIMA COUNTY DEVELOPMENT ASSOCIATION
PUBLIC SECTOR SERVICE CONTRACT
CONTRACTOR: City of Yakima
CONTRACT PERIOD: January 1, 2014 to December 31, 2018
THIS CONTRACT is entered into by the City of Yakima ( "the City ") 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 programs;
and
WHEREAS, economic development programs are coordinated 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; attractive diverse private and public investments; and competitive 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
Yakima area 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 described
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 within 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.
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
2009 calendar year YCDA shall:
A. Make bi- annual presentations to the Yakima City Council and or Yakima City
Council Economic Development Committee regarding status of trade shows,
business recruitment leads, site visits, property searches within Yakima, and
Yakima businesses assisted
B. Work with the city to identify Yakima based businesses that are ready for
economic gardening assistance and help them connect with the state resources
and other grants to take their business to the next level
C. Market the City of Yakima and Yakima County as a location for new business
investment. Maintain accurate information about the City's costs and
opportunities as they relate to new business development. Maintain
confidentiality for business clients evaluating sites or facilities within the region.
D. Work cooperatively with developers, realtors, land owners and other parties
within the Yakima area to maintain up -to -date information about sites and
facilities that can meet the needs of new or existing businesses.
E. Conduct yearly visits with Yakima -based manufacturers as part of YCDA's
business retention efforts. Provide appropriate follow -up assistance to local
businesses based on needs identified during the survey interviews.
F. Provide the City of Yakima with a yearly report on the status of YCDA efforts and
accomplishments as well as local economic trends and issues.
G. Support the City's efforts to prepare commercial and industrial sites and facilities
through grant applications to local, state or federal infrastructure financing
programs.
H. Advise the City, when requested, regarding commercial or industrial sector needs
relative to the preparation of land use designation and urban development
policies.
I. Advise the City, when requested, on ways to mitigate development impacts from
proposed manufacturing or commercial expansion projects.
Advise the City, when requested, regarding public service planning for
commercial and light industrial areas, including comments on streets, water,
sewer, and other public facilities.
II. DURATION OF CONTRACT
This Contract shall commence on January 1, 2014 and shall terminate on December 31,
2014, but may be renewed annually through December 31, 2018, subject to
performance review and evaluation conducted by the City 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 total
amount of One Hundred and Sixty Five Thousand Dollars ($165,000), which amount
shall be paid to YCDA in two equal installments of Sixteen Thousand Five Hundred
Dollars ($16,500), with one installment due on January 30, 2014, and one installment
due on July 15, 2014. In the following years, payment shall be made to YCDA in two
equal installments in January and July of each respective year. Said compensation and
payments are expressly conditioned upon and subject to receiving authorization and
approval during the City's yearly budget process.
YCDA shall provide monthly update reports and an annual report, which will be
delivered by March 31 st of the next year. Such reports shall contain a description of
current initiative and accomplishments under the applicable scope of services provision
of the Contract. 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. Copies of any such audit or review performed by an
independent certified public accountant shall be provided to the City upon
request.
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
provided under the Contract. The City will give advance notice to YCDA in the
case of fiscal audits to be conducted by the City.
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 application 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 functions 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 under
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 City Manager for Yakima, 129 North 2nd Street,
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.
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 consideration
as loans, grants, or gifts to public or private entities for any purpose whatsoever 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
Signature
Name
Title
Date
ATTEST
City Clerk
YAKIMA COUNTY DEVELOPMENT
ASSOCIATION
Signature
Name
Title
Date
YAKIMA COUNTY DEVELOPMENT ASSOCIATION
PUBLIC SECTOR SERVICE CONTRACT
CONTRACTOR: City of Yakima
CONTRACT PERIOD: January 1, 2014 to December 31, 2018
THIS CONTRACT is entered into by the City of Yakima ( "the City ") 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 programs;
and
WHEREAS, economic development programs are coordinated 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; attractive diverse private and public investments; and competitive 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
Yakima area 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 described
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 within 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.
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
2009 calendar year YCDA shall:
A-C. Market the City of Yakima and Yakima County as a location for new
business investment. Maintain accurate information about the City's costs and
opportunities as they relate to new business development. Maintain
confidentiality for business clients evaluating sites or facilities within the region.
B- D . Work cooperatively with developers, realtors, land owners and other
parties within the Yakima area to maintain up -to -date information about sites and
facilities that can meet the needs of new or existing businesses.
G- E. Conduct yearly visits with Yakima -based manufacturers as part of YCDA's
business retention efforts. Provide appropriate follow -up assistance to local
businesses based on needs identified during the survey interviews.
D- F. Provide the City of Yakima with a yearly report on the status of YCDA
efforts and accomplishments as well as local economic trends and issues.
E -. Support the City's efforts to prepare commercial and industrial sites and
facilities through grant applications to local, state or federal infrastructure
financing programs.
F--H. Advise the City, when requested, regarding commercial or industrial sector
needs relative to the preparation of land use designation and urban development
policies.
-1. Advise the City, when requested, on ways to mitigate development
impacts from proposed manufacturing or commercial expansion projects.
H-, J. Advise the City, when requested, regarding public service planning for
commercial and light industrial areas, including comments on streets, water,
sewer, and other public facilities.
II. DURATION OF CONTRACT
This Contract shall commence on January 1, 2014 and shall terminate on December 31,
2014, but may be renewed annually through December 31, 2018, subject to
performance review and evaluation conducted by the City 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 total
amount of One Hundred and Sixty Five Thousand Dollars ($165,000), which amount
shall be paid to YCDA in two equal installments of Sixteen Thousand Five Hundred
Dollars ($16,500), with one installment due on January 30, 2014, and one installment
due on July 15, 2014. In the following years, payment shall be made to YCDA in two
equal installments in January and July of each respective year. Said compensation and
payments are expressly conditioned upon and subject to receiving authorization and
approval during the City's yearly budget process.
YCDA shall provide monthly update reports and an annual report, which will be
delivered by March 31 st of the next year. Such reports shall contain a description of
current initiative and accomplishments under the applicable scope of services provision
of the Contract. 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. Copies of any such audit or review performed by an
independent certified public accountant shall be provided to the City upon
request.
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
provided under the Contract. The City will give advance notice to YCDA in the
case of fiscal audits to be conducted by the City.
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 application 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 functions 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 under
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 City Manager for Yakima, 129 North 2nd Street,
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.
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 consideration
as loans, grants, or gifts to public or private entities for any purpose whatsoever 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
Signature
Name
Title
Date
ATTEST
City Clerk
YAKIMA COUNTY DEVELOPMENT
ASSOCIATION
Signature
Name
Title
Date