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HomeMy WebLinkAboutRes-134 2017 Distressed County SalesBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO: 2016-Jt; I RESOLUTION TO APPROVE A RESOLUTION FOR THE 2017 DISTRESSED COUNTY SALES AND USE TAX INFRASTRUCTURE IMPROVEMENT PROGRAM AGREEMENT WITH THE KITTITAS COUNTY CHAMBER OF COMMERCE WHEREAS: The 1999 Legislature did pass RCW 82.14.370 Sales and Use Tax for Public Facilities in rural counties; and WHEREAS: These funds are for the purpose of financing Public Facilities which are defined as bridges, roads, domestic and industrial water facilities, sanitary sewer facilities, earth stabilization, storm sewer facilities, railroad, electricity, natural gas, buildings, structures, telecommunications infrastructure, transportation infrastructure or commercial infrastructure and port facilities in the State of Washington; and WHEREAS: The 2017 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement with the Kittitas County Chamber of Commerce has been executed by said entity with funding available January 1,2017; and NOW, THEREFORE BE IT RESOLVED: The Kittitas County Board of County Commissioners hereby approves the attached 2017 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement with the Kittitas County Chamber of Commerce. ADOPTED this 18th day of October, 2016. Attest: jZl"Clerk of the Board-Julie Kjorsvik BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON itJL ~ Obie O'Brien, Chairman 2017 DISTRESSED COUNTY SALES AND USE TAX INFRASTRUCTURE IMPROVEMENT PROGRAM AGREEMENT BETWEEN KITTITAS COUNTY AND KITTITAS COUNTY CHAMBER OF COMMERCE This Contract, dated / () IJ g lu.e ,2016 is made and entered into by and between KITTITAS COUNTY ("County"), a subdivision of the State of Washington, and KITTITAS COUNTY CHAMBER OF COMMERCE ("Funding Recipient"). WHEREAS, the purpose of this Agreement is to provide for public facility construction and foster economic development opportunities within Kittitas County; NOW THEREFORE, in consideration of the terms and conditions contained herein , or attached and incorporated and made a part hereof, the County and the Funding Recipient mutually agree as follows : Section 1. Scope of Work. a. Funding Recipient shall provide the services and staff described in its Application for Funds submitted to the Council of Governments, attached hereto as Exhibit "A" which is attached hereto and incorporated herein by this reference . b. Except as otherwise specifically provided in this Agreement , Funding Recipient shall furnish the following as required to perform the services, described in Paragraph (a) above, in accordance with this Agreement: Personnel, labor and supervision; technical, professional and other services . All such services, property and other items furnished or required to be furnished, together with all other obligat ions performed , or required to be performed , by Funding Recipient under this Agreement are collectively referred to herein as "Services." Section 2. Payment a. As full compensation for satisfactory performance of the Funding Recipient Services, the County agrees to pay Funding Recipient the sum of seventy-two thousand dollars ($72,000). b . Additional payment terms : The County will make payment to the Funding Recipient only on a reimbursement basis , as receipts for any items including marketing and/or advertising are submitted to the County. c. Requests for reimbursements must be submitted to: Kittitas Public Works Finance Director Attn: Kathy Jurgens 411 North Ruby, -Suite 1 Ellensburg, WA 98926 kathy. ju rgens@co .k it ti tas .wa .us Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Pagel d. Reporting requirements of your events will be required on prescribed forms from the Kittitas Public Works Department. Section 3. Performance by Funding Recipient. a. Funding Recipient shall not (by contract, operation of law or otherwise) delegate or subcontract performance of any Services to any other person or entity without the prior written consent of the County. Any such delegation or subcontracting without the County's prior written consent shall be voidable at the County's option. b. Funding Recipient shall at all times be an independent Funding Rec ipient and not an agent or representative of the County with regard to performing the Services . Funding Recipient shall not represent that it is, or hold itself out as, an agent or representative of the County . In no event shall Funding Recipient be authorized to enter into any Agreement or undertaking for or on behalf of the County . It is understood that the Funding Recipient and the Funding Recipient's staff and employees are not employees of the County and are not, therefore, entitled to any benefits provided employees of the County . c. Fund ing Recipient shall comply with all applicable laws, ordinances, rules, regulations, orders , licenses, permits , and other requirements, now or hereafter in effect, of any governmental authority (including, but not limited to, such requirements as may be imposed upon the County and applicable to Services). Funding Recipient shall furnish such documents as may be required to effect or evidence such compliance. All laws, ordinances, rules, and orders required to be incorporated into agreements of this character are incorporated into this Agreement by this reference . Funding Recipient agrees to obtain all required licenses and permits, and further agrees to keep them in full force and effect during the term of this Agreement. d . The County and the Funding Recipient agree that in fulfilling the terms and conditions of this Agreement neither shall discriminate on the basis of race, creed , color, national origin, age, sex, marital status, or the presence of a physical, sensory, or mental handicap. e . The Services shall at all times be subject to inspection by and approval of the County, but the County 's making (or failure or delay in making) such inspection or approval shall not relieve Funding Recipient of its responsibility to perform the Services in accord with this Agreement, notwithstanding the County's knowledge of defective or non-complying performance, or the substantiality or ease of discovering the same . Funding Recipient shall provide the County with sufficient, safe, and proper facilities and equipment for such inspection and free access to such facilities. f. This contract is subject to review by any Federal or State auditor. Funding Recipient shall promptly furnish the County or its designee, or such Federal or State auditor with such information related to the Services as may be requested by the applicable governmental entity. Funding Recipient shall preserve and maintain all financial records and records relating to performance of Services under this Agreement for six (6) years after contract termination. For such duration after the County makes final payment of compensation due hereunder, Funding Recipient shall provide the Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 2 County access to (and the County shall have the right to examine , audit and copy, with or without notice) all of Funding Recipient's books, documents, papers and records related to the Services or this Agreement. g. Funding Recipient understands and acknowledges that Funding Recipient is solely responsible for its own reporting and accounting of all state, federal, social security, and local taxes, of every nature, arising from Funding Recipient's performance of this Agreement. All compensation received by the Funding Recipient will be reported to the Internal Revenue Service at the end of the calendar year in accord with the applicable IRS regulations. Section 4. Release, Indemnity. and Hold Harmless . The County assumes no liability for the Funding Recipient's actions under this Agreement. Funding Recipient releases and shall defend, indemnify, and hold harmless the County, its officers and employees, agents, representatives, attorneys and/or volunteers, from and against all claims, costs, liabilities, damages, and expenses, (including, but not limited to, reasonable attorney fees) which arise or may arise or be alleged to arise out of or by reason of this Agreement including: • Any fault, negligence, strict liability or product liability of Funding Recipient in connection with the Services for this Agreement; • Any lien asserted upon any property of the County in connection with the Services for this Agreement; • Any failure of Funding Recipient, or of the Services, to comply with any applicable law, ordinance, rule, regulation, order, license, permit and other requirement, now or hereafter in effect, of any governmental authority; or • Any breach of or default under this Agreement by Funding Recipient. Section 5. Compliance with Public Records Law. a. In compliance with Washington's public records law, the County will retain copies of any documents associated with this Agreement, which may be required by law unless legally exempt from such retention, for any applicable legally required retention period. b. In the event a public records request is made to the County for documents created in relation to this Agreement, should legal uncertainty arise regarding the disclosability of any documents under federal or state public records laws, the County shall provide notice to Funding Recipient pursuant to Washington's public records act, chapter 42 .56 RCW, to allow Funding Recipient to seek a court injunction. c. The County specifically shall not be liable to Funding Recipient for the County's release under public records laws of any documents not protected by trademark, copyright or other law. Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 3 Section 6. Industrial Insurance Waiver . With respect to performance of this Agreement and as to any claims against the County, its Additional Insureds, officers , agents and employees, the Funding Recipient expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to Funding Recipient's employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Funding Recipient. This waiver is mutually negotiated by the parties to this Agreement. Section 7. Insurance and Endorsements. a. The County may require through a request in writing that the Funding Recipient provide the County with a certificate, binder, or policy of liability insurance, acceptable to the County in an amount specified by the County. b. Such liability insurance shall be such as will protect Funding Recipient, its employees, agents and representatives, from all claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury (including death) or property damage that may result from performance of the Services or this Agreement, whether such performance is by Funding Recipient or any of its employees, agents or representatives. c. Should the County require such liability insurance, the Funding Recipient agrees to provide proof of insurance prior to commencing performance of this Agreement. d. Copies of the County's written request and the insurance documents provided by Funding Recipient shall be attached to this Agreement and by this reference will be made part hereof. e. Where insurance is requested by the County, all liability insurance policies shall be endorsed to include the County as an Additional Insured and shall stipulate that the insurance afforded by the policies shall be primary insurance, and that any insurance, self-insured retention, deductibles, or risk retention trusts maintained or participated in by the Parties shall be excess and not contributory to any other insurance maintained by the County . Funding Recipient shall furnish the County a certificate of insurance with Endorsement as evidence that the required policies are in full force and effect. Section 8. Termination. The County may, by written notice thereof to Funding Recipient, terminate this Agreement as to all or any portion of the Services not yet performed, whether or not Funding Recipient is in breach or default. Upon receiving such notice of termination, Funding Recipient shall, except as otherwise directed by the County, immediately stop performing the Services to the extent specified in the notice. In the event the County terminates the Funding Recipient's Services, the Funding Recipient is obligated and hereby agrees to refund to the County all monies paid for Services not yet rendered by the Funding Recipient, if any, as of the date of the notice of termination. Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 4 Section 9. Miscellaneous. a. Funding Recipient shall not (by contract, operation of law or otherwise) assign this Agreement or any right or interest in this Agreement without the County's prior written consent. b. This Agreement embodies the entire Agreement between the County and Funding Recipient , and supersedes any and all prior oral or written communications, proposals, conditions, promises , representations , or understandings regarding the Services. No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in a written amendment to the Agreement signed by both parties. c. Notice for any purpose under this Agreement, except service of process, shall be given by the Funding Recipient to the Kittitas County Commissioners and the Kittitas County Public Works Director, 411 North Ruby , Suite 1, Ellensburg, WA 98926 . For all purposes under this Agreement, any notice by the County to the Funding Recipient shall be given to the Funding Recipient's address provided on the signature page. Notice may be given by delivery or by depositing in the U.S. Mail , first class , postage prepaid, certified mail, return receipt requested. d. The section and paragraph headings of this Agreement are for reference convenience only and are not intended to restrict , affect or be of any weight in interpreting or construing the provisions of such sections or paragraphs . e. This Agreement may be executed in one or more counterparts and by facsimile, each of which will be deemed an original, but all of which together will constitute one and the same instrument. f. Funding Recipient warrants to the County that the individual signing on Funding Recipient's behalf has the requisite power and authority to enter into and to perform Funding Recipient's obligat ions under this Agreement. Funding Recipient further warrants to the County that Funding Recipient has made no misrepresentation or misleading statement in connection with this Agreement, and is not in violation of any applicable law, ordinance , or regulation the consequence of which will or may materially affect Funding Recipient 's ability to perform its obligations under this Agreement. g . If any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect the other terms, conditions or applications which can be given effect without the invalid term , condition or application . To this end, the terms and conditions of this Agreement are declared severable . h. The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be in Kittitas County, State of Washington . Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement PageS KITTITAS COUNTY BOARD OF COUNTY COMMISSIONERS FUNDING RECIPIENT f)~~M6~ c~ Re i:n/!i/- ViC ~ r V Address Commissioner Telephone APPROVED AS TO FORM : Deputy Prosecuting Attorney Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 6 allCHAMBERof COMMERCE June 15,2016 Kittitas County Depamnent of Public Works Distressed County Sales and Use Tax Grant Program 411 N. Ruby St, Ste #1 Ellensburg, W A 98926 JUN 1 b 2016 KI !T SCOUN DePT OF PUBLIC WOR RE: Distressed County Sales and Use Tax Grant Application -Economic Development Office Personnel To Whom It May Concern: Please find enclosed a completed application for the Distressed County Sales and Use Tax Grant Program with the following attachments: • Attachment A -continued answer to question #3 • Attachment B -ADO Certification, Letter from W A Department of Commerce and RCW 43.330.080 • Attachment C -Local and State funding agreements • Attachment D -Job descriptions • Attachment E -RCW 82.14.370 • Attachment F -Kittitas County Resolution No. 2016-014 and excerpts from thc Yakima and Kittitas Counties Regional Comprehensive Economic Development Plan • Attachment G -Excerpts from the 2009 T .I.P Strategies Report Additionally, I have included with this submittal 12 copies of the completed application with attachments as requested in the application. Thank you for this opportunity and for considering this grant request. Please do not hesitate to contact me if you have any questions. Sincerely, ~/)Z~ Lindsey Ozoolt Director of Economic Development 609 N. Main St. I Ellensburg, WA 98926 I Office: 509-925-2002 I Toll Free: 888-925-2204 I Fax: 509-962-6148 info@kittitascountychamber.com I www.kittitascoiuntychamber.com Kittitas County Department of Public Works D ISTRESSED COUNTY SALES AND U SE T AX APPLICATION F OR E CONOMIC D EVELOPMENT O FFICE P ERSONNEL The Distressed County Sales and Use Tax supports Improvements to Infrastructure systems that foster economic development in Kntitas County as well as providing funding for personnel In economic development offices. The goal is to create economic opportunity through local Investment APPLICANT INFORMATION Applicant: Kittitas County Chamber of Commerce Contact Name: Lindsey Ozbo!t ----~------------------------------------------------------Address: 609 N . Main Street Address: City: Ellensburg WA Zip: ------~-------------------- 98926 Telephone: 509-925-2002 FAX: 509-962-6148 E-mail Address:lindsey@kittitascountychamber.com Office Location: Ellensburg Jurisdiction Population: 42,670 -~-------- Funds Request: Staffing for economic development department providing assistance to startups, existing or expanding businesses including business recruitment and relocation to Kittitas County . APPLICATION THRESHOLDS Applicant Requirement: Check-off: filii'" 1. The request Is to provide funding for personnel in an economic development office In Kittitas County. rJl!I"" 2. Distressed County funds are not being substituted for other funds that are already secured. If!!"" 3. Applicant has submitted only one application this round. rMI"" 4. The local/regional economic development organization has been Informed of this request 6 Proposed Budget: Funding Sources Amounts Funding Secured? Distressed County Funds Request: $72,000 yes nol *Other Funding Sources: Federal (list sources): ___ _ yes I no . WA State State (hst sources): $40,725 Department of Commerce Local Government (list sources): $794,652 I yes '~no County Lodging Tax, Cle Elum Lodging Tax Ellensburg Lodging Tax, Ellensburg Business Development Authority . Note: This includes Dass throueh fundine for tourism Dremotion. • Member Dues Other (hst sources): ___ _ $395,444 Program sales and events Project Total: $1,302,821 94.40/0 **Distressed County Fund Matching Ratio: *Note: You must include documentationfor all other funding sources listed (i.e. grant requests, award letter notifications, legislative resolutions, etc.), **Note: Your Distressed County Fund matching ratio must be at least or greater than 13.5% in order to qualify for funding consideration. The COG will not consider any requests which do not provide at least 13.5% matchingfundsfrom a local source. 7 PROJECT r-;ARRA TIVE 1. Request Description: Please describe the work this position will perform. Include a job description and any other pertinent information. These funds will be used to help cover the staffing for the Kittitas County Chamber of Commerce Economic Development Department. The core functions of the department are to provide assistance to businesses that are looking to locate within the county, to provide assistance to those businesses already doing business in the county, and to assist individuals who are looking to start a new business. The department also tracks and maintains information pertinent to the business community such as incentives, grants and demographics. The Chamber utilizes several different staff to accomplish these functions and tasks. 2. Is this a new position for your organization? If so, please describe why this position is needed. If not. why Is it a necessary for this fund to continue to support this position? The positions and staffing described above are existing. The Kittitas County Chamber of Commerce is the only county-wide organization offering businesses technical assistance, assistance with site selection as well as business start-up assistance. Since the Chamber is the County's Associate Development Organization we maintain an inventory of business resources, track incentives, make business referrals to the State and Federal Departments of Commerce as well as keeping an inventory of available commercial, industrial and retail sites. We regularly conduct one on one business interviews with businesses from around the county in order to uncover barriers that inhibit economic vitality. 3. Will your organization be capable of supporting this position in the future without support from this fund? Please describe your plan and include target dates for implementation and completion. If no plan is currently in place and/or no plans are being made, please explain why. No, the Kittitas County Chamber of Commerce cannot continue to support its current efforts of business recruitment, retention and assistance without these funds. The Washington State Legislature realized this and provided a provision in RCW 82.14.370 section 3 c (iii) to fund an "economic development office". The legislature also recognized the importance of consulting with a local authority on economic development in making the decisions for use of these funds in RCW 82.14.370 section 3 b "In implementing this section, the county shall consult with cities, towns, and port districts located within the county and the associate development organization serving the county to ensure that the expenditure meets the goals of chapter 130, Laws of 2004 and the requirements of (a) of this subsection." (Please see Attachment A for remainder of answer) 4. Will this position serve the needs and/or interests of multiple jurisdictions and/or organizations? Please eXDlain in detail. Yes, we work throughout all of Kittitas County and with all of the municipalities. Last year we provided assistance to 7 businesses that were looking to locate within Eastern Washington and conducted 9 site visits. Through our business retention and start-up efforts we provided assistance to 38 existing businesses and 30 start-ups which resulted in helping 4 to expand and 6 new businesses open their doors. By conducting one on one business interviews and hosting industry round tables we have been able to identify some of the issues facing our businesses and convey them to the appropriate city, county or state entity. We continue our partnerships with Central Washington University, the Ellensburg Downtown Association, Ellensburg Business Development Authority, Vision Cle Elum (until it was disbanded), newly formed Cle Elum Downtown Association and New Vision of Yakima County with projects like Cle Elum Main Street, Business Plan Competition, working on the creation of co-working spaces in Cle Elum and Ellensbura. and manv others. 8 5. What goals and deliverables have you sel for this position? How will you measure success? The goals for our department are attached and our success will be measured by the completion of our required outputs. 6. Indicate if the proposed position is consistent with the following applicable state, regional and local plans and priorities for economic development. Please include the pertinent sections of the respective plan(s) as justification. Please explain in detail how this position Is compatible with the plan(s): r!It'" Overall Economic Development Plan -Officially Ado pted Jan. 19,2016 KC BaCC o Community Action Plan (or other community-based plan) -Officially Adopted ______ _____ rJ!"" Other 2009 TIP Strategies Report 7. How will this pOSition meet the economic development goals of the County and region? The staff members supported by this funding will continue to work on the implementation of the Kittitas County Chamber of Commerce's comprehensive economic development strategy (CEDS) which has been adopted by reference in the County's Comprehensive Plan and Resolution 2016-014. It was also commented on and endorsed by Incorporated Cities within Kittitas County during the community involvement phase of the CEDS. 9 8. Describe any research your organIzation has conducted whlch shows the need for this position. Please include the data upon which your claims are based for our revIew. A 2009 analysis prepared by T.I.P. Strategies of Austin, Texas concluded that successful economic development efforts in the county would require double the current staffing, or 4 full- time positions. If anything, that need is even greater today. Business assistance at the local level has always been critical, which is why the State Department of Commerce established the ADO designation and the Federal Economic Development Administration formed Economic Development Districts. Another Kit1itas County Economic Impact Analysis was completed by Hebert Research Inc. in September of 2010. Both studies reached similar conclusions in that the most effective form of business assistance comes from local sources that understand the business environment and know the local development and business regulations. Submit the original application to: Kittitas County Department of Public Works 411 N. Ruby, Suite #1 Ellensburg, W A 98926 10 Applicant Certification Certification is hereby given that the information provided is accurate and the applicable attachments are complete and included as part of the application package. I certify that application thresholds are met at the time of application. d/U91fM.1 A41 S/:;rtwf °Slg nature ?' Offl cl alJ\epresentative Signature of Agency Representative Typed or Printed Name Sponsoring Agency (If Applicable) Date Date Associate Economic Development Organization Notification The organization listed below has received notification of this application as demonstrated by the signature of the organization's representative. k"j fu -\-C6 GUJ-')tu {lolA mYJI' ,/ 0& U)IrYIIN1.t:J((e, Name of Organization j • Date I Kittitas County Department of Public Works Receipt of Application Signature of Kittitas County DPW Representative Date Typed or Printed Name 11 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS DISTRESSED COUNTY INFRASTRUCTURE IMPROVEMENT PROGRAM APPLICATION DUE DATES FY 2017 Distressed County Sales and Use Tax Application for Economic Development Office Personnel: Applicants are invited to appear at the COG meeting when the project's criteria is reviewed. APPLICATIONS DUE COG MEETING DATES 2017 ApplicatJon d tIe Dates COG Meetings June 15, 2016 ...............•••.......••••••.......• July 2016 COG SPECIAL MEETING **Funding available January 1, 2017 12 Attachment A (Continued answers to questions) Question 3 cont.: Over the past biennium we have seen continued cut backs in both State and Federal funding for economic development. During this time the Center for Economic Development was eliminated along with all of our regional representatives from the Department of Commerce; we know deal with representatives from Olympia, Seattle and Spokane. Even as these resources for research and support were being eliminated from the State budget our local business community needed the same if not more assistance from our economic development office just to survive. At the Federal level, the SSDC office only has one office to serve three counties. This year we continued to strengthen our relationship with the Yakima County Economic Development Association to eliminate areas of overlap on regional issues that will strengthen businesses throughout Kittitas County. By creating more efficiencies and looking regionally where it makes sense, we are able to provide a greater level of service to our business community without causing them any undue burden. Attachment B Associate Development Organization Certification/Designation Form (For use by County officials.) affinnBl desJgnates the fillim ~(\~I{it1.bef ti (N~me 0 .. '.; Comrf'tA'lL as the Associate Development Organization to coordinate economic development servlcet for the county under contract with the Washington State Department of Commerce. Consistent with statutory requirements: 1. ~ The prospective ADO is a non-profit organization. o 2. 3. 4. OR A public entity that has fonned an authority or committee with fuN operating authority to carry out the duties of the ADO. H is important to recognize that this group would have its own authority and budget, not just the power to recommend actionsfplanslexpenses. Economic development Is the primary mission of the prospedive ADO, and not just a secondary activity. This can be demonstrated with a written mission statement In a brochure, web-page, newsletter, etc. It may also be documented in the organization's by-Jaws. For economic interests in the county, this organization serves as a networking tool and resource hub for business retention, expansion, and relocation in Washington. This organization has/will have the capacity during the period linder contract with Commerce to carryout work activities as detailed in RCW 43.330.080 ThIs designation Is etrective on the date signed below, and shall remain In effect for the 2i;7_. . ~ .. lt= ~DL~~JI-st~ Print Na ·'· . . g , ., eL;r ~. PLEASE SUBMIT TO: Kathy Carison, Contracts Coordinator Business Services DJvtslon Washington State Department of Commerce Post Office Box 42525 Olympia, WA 98504·2525 ·y/"j,r ~ate ~I STATE OF WASHINGTON DEPARTMENT OF COMMERCE 10" Plum Street Sf' PO Box 42525 ! OlympJ., Witshifl8ton 98504-2525 & (360) 725·4000 www.commel('e.wa.go" May 1, 2015 The Honorable Gary Berndt, Chair Kittitas County Board of Commissioners 205 West 5th Avenue, Suite 108 Ellensburg, WA 98926-2887 Dear Chairman Berndt: Every two years, the Department of Commerce begins the process of contracting with Associate Development Organizations (ADOs) by sending a .etter to the Board of County Commissioners or County Executive in each county requesting designation of an ADO. Commerce is directed by RCW 43.330.080 to contract with county-designated ADOs to increase the support for and coordination of community and economic development seNices in communities or regional areas. As part of the contracting process , pJease complete the enclosed ADO CertificationlDesignation Form for the 2015-17 Biennium , retumlng to Commerce by June 15, 2015. Your county can choose to llHIesigna1e the current ADO or make a new designation. Please see the enclosed Eligibility and Designation Guidelines. Thank you for your consideration in helping to move the contracting process forwar~ in a quick manner. f look forward to working with our ADO partners during the next biennium . Sincerely, Enclosures cc w/enclosures: Kittitas County Chamber of Commerce CW 43.330.080 Coordination of community and economic development services - Contracts with COilnly-clesignated associate development ora nlzatlons -cope of services - B .ness services training. (1 )(a) The department must contract with COlI'Ity-deslgnated associate development OI'gatllzations to increase the support for and coordination of community and economic development services In communities or regional areas. The contracting organizations in each community or f1Jgional area must: (i) Be broadly representative of community and economic interests; (iI) Be Q8P8b1e of identifying key economic and community d&veJopmem.pmb/ems, .developing appropriate solutions, and mof:SilizJng broad s~ for recomrhended Initiatives; (iii) Work closeJy with the department to carry out stste-mntified economic deveJopment priorities; (iv) Work with snd inClude local govet'1In8nl8, local chambers of commerce; workforee ~Iopment counc:iIs, port cfi,trIcts, labor groups, institl.lf1ons of higher education, community acUon programs, and other approprlate private, puDtic. or nonprofit community and economic de\l8l~nt -groups; and CV) Meet and share best practices wHh other associate development organizations at least two times each year. (b) The scope of services delivered under the contrscta required in (a) of this subsection must include two broad areas of work: (i.) Direct asslstance l induding business planning, to companies throughout the county who need support to stay in business, expand, or relocate to Washington from out of state or other countries. Assist8l'lC8 must comply with business reaultment and retention protocols established in RCW 43.330.062, and lndudes: (A) Working with the appropriate partner:s throughout the county Includlng, but not limited to, local governments, worlcforce developtnf,Hlt councils, port districts, eomml.Wljiy and tecMfCaI colleges and higher education Institutions, &xpoIt asststance providers, Impact Washington, the Washington state quaIlty award council, small business assistance programs, innovation partnership zones, and other federal, sJate, and local programs to facilitate the alignment of ptaming efforts and the seamless delivery of business support services within the entire county; (B) Providing Information on state and local permitting processes, tax issues, export assistance, and other essential information for operating, expanc(Jfl9, or locating a business In washington; (e) MQtketing Washlngron and local areas as excellent locations to expand or relocate a bualneas and positioning Washi~ton as a globally competitive place fo grow bus/ness, which may "include developing and executing regional plans to attract compar:tles fi"om out of state; (D) Working with businesses on site location and selection assistance; (E) Providing business retention and expansion services throughout the county. Such s8f'JiCes must ihclude, but are nollilTlited to, business outreach and monitoring efforts to identify and adctess Challenges and opportunities faced by businesses, assistance to trade impacted bUSinesses in applying for grants from the federal trade adjusbnent assistance for firms program, and the provision of Infonnation to businesses OR : (I) Resources avaUabie for microenterprise development; (II) Resources available on the revitalization of commercial disbicts; and (JI/) The opportunity to maintain jobs through shared work prog-ams authorized under chapter 50.60 RC~ --- (F) Participating In economic development system-wide disrussions regarding gaps in bUSiness start. up assistance in Washington; (G) Providing or facilitating the prOVision of export assistance through workshops or OnEK)n-orIe assistance; ~ (H) Using a web-based information system to track data on business recruitment, retention, expansion. and trade; and (/I) Support for regional economic research and regional planning efforts to implement target industry sector stmtegfes ahd other economic development strategJes., Inctuding cIuster-besed strategies. Research andp/anning efforts should support inoreased living standards and inae8sed fcf'eign direct investment; ~ be eligned with the statewide economic devefopmenl strategy. RegJooaI sssociate development organizations retain their independence to address local concerns aM goals. Activities include: CA) Participating in regional planning efforts with workforce development councils involving COordinated stralegjes around workforce devefopment and economic deveJopmenf po/ides and programs. Coordinated planning efforts must include, but not be limited to, assistance to industry clusters In the region; (8) Participating with the stale board for community and technical colleges as created in RCW 288.50,050, and any corntTlUOity and technical colleges In the coordination of the job skills training program and the customized training program within its region; (C) Collecting and reporting dala as specified by the CXlI1ttad with the department for statewide systemic analysis. The department must consult with the Washington s1ate economic development commission in the establishment Of such unifonn data as Is needed to conduct 8 Sfati9Wide systemic ana~s1s of the stQte's economJc development programs and expendihl8s. In cooperation with other local. regional, and state planning efforts. contracting organlZatfons may provide insight into the needs of target Industry dusters, business expansion plans, earty dBtectJon of potential relocations or layoffs , training needs, and other appropriate economic Information; (0) In COnjunction with other governments/jurisdictions and i1stftutlOO6. participate (participating} in the development of a coun1ywide econpmlc development plan. consistent with the state comprehensive pian for economic development developed by the Washington state economic development commission. (2) The department must provide business services training to the contracting organizations, including but not limited to: (a) Training In the fundamentals of export assistance and the services available from private and public export assistance providers in the state; and (b) Training in the provision of business retention and expansion services as required by subsection (1)(b)(i)(E) of this section. 12012 c 195 § 1; 2011 c 286 § 2; 2009 c 151 § 10; 2007 c 249 § 2; 1997 c 60 § 1; 1993 c 280 § 11.J Attachment C Kittitas County PROFESSIONAL SERVICES AGREEMENT This Agreement dated as of January 1, 2016 is made by and between Kittitas County (hereinafter ''the County") and Kittitas County Chamber of Commerce (hereinafter "Contractor"). The County and Contractor agree as follows: General Conditions; Exhibit A (Scope of Work); Exhibit B (Compensation); Exhibit C (Proof of Insurance). copies of which are attached hereto and incorporated herein by this reference as fully as if set forth herein. The term of this Agreement shall commence on the 1 st day of January, 2016, and end on the 31 st Day of December 2016. Any party may terminate this Agreement by giving thirty (30) days notice in writing either personally delivered or mailed postage- prepaid by certified mail, return receipt requested, to the party's last known address for the • purposes of giving notice under this paragraph. Contractor acknowledges and by signing this Agreement agrees that the Indemnification provisions set forth in Paragraphs 7 (Independent Contractor). 9 (Taxes), 15 (Defense and Indemnity Agreement), 21 (Patent/Copyright Infringement) and 24 (Confidentiality), are totally and fully part of this Agreement and have been mutually negotiated by the parties. Professional Services Agreement Page 1 IN WITNESS WHEREOF, the parties have executed this Agreement this __ day of ,2016. APPROVED: Kittitas County Chamber of Commerce BOARD OF COUNTY COMMISSIONERS KITIITAS COUNTY, WASHINGTON Signature of Signatory Obie O'Brien, Chairman (Date ) Print Name of Signatory Paul Jewell, Vice-Chairman Contractor Address: Kittitas County Chamber of Commerce 609 North Main Street Ellensburg, WA 98926 Professional Services Agreement Page 2 Commissioner Attest: Clerk of the Board Approved as to Form: By: ----~---------------Deputy Prosecuting Attorney County's Address: Kittitas County 205 West 5th Avenue, Suite 108 Ellensburg, WA 98926 Project Contacts: Amy McGuffin Jim Armstrong Chamber of Commerce Professional Services Agreement Page 3 Project Contacts: Paul Jewell, County Commissioner Judy Pless, Budget & Finance Manager Kittitas County GENERAL CONDITIONS 1. Scope of Contractor's Services: Contractor agrees to provide to the County services and any materials set forth in the project narrative identified in Exhibit "A" during the Agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. 2. Performance of Work: Contractor shall perform work in accordance with, and shall comply with, all of the provisions of this Agreement. All work shall comply with applicable codes and ordinances. 3. Schedule of Performance: Unless directed otherwise by the County, Contractor shall perform the work in accordance with any SChedules made a part of this Agreement. 4. Definitions: 4.1 "Additionallnsured's" means the County, its successors and assigns, and the respective directors, officers, employees, agents and representatives of the County and its successors and assigns. 4.2 "Support" means the following: Contractor's directors, officers, employees, agents and representatives; and sub-Contractors of any tier; the respective directors, officers, employees, agents and representatives of these sub- Contractors of any tier; and any other person or entity acting under the direction or control of, or on behalf of, Contractor or any Contractor's sub- Contractors of any tier in connection with or incident to the performance of the Work or this Agreement. 4.3 The 'Work" means all of the duties listed in Exhibit A and the performance of all other obligations, under this Agreement by Contractor or its Support. 5. Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "Bft. Where Exhibit "8" requires payments by the County, payment shall be based upon billings, supported unless otherwise provided in Exhibit "B", by documentation of units of work actually performed and amounts earned, including where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested. Unless specifically stated in Exhibit "8" or approved in writing in advance by the Kittitas County Board of Commissioners, the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in performance of this Agreement. Professional Services Agreement Page 4 Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, through the County voucher system, for the Contractor's service pursuant to the fee schedule set forth in Exhibit "8". 6. Assignment and Subcontracting: No port10n of this Agreement may be assigned or subcontracted to any other individual, finn or entity without the express and prior written approval of the County. 7. Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent Contractor and nothing herein contained shall be construed to create a relationship of employer-employee or master-servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent Contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "8" and the Contractor is not entitled to any County benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to Kittitas County employees. Contractor will defend, indemnify and hold hannless the County, its Additional Insured's, officers, agents or employees from any loss or expense, including but not limited to settlements, judgments, setoffs, attorneys' fees or cost.s incurred by reason of claims or demands because of breach of the provisions of this paragraph . 8. No Guarantee of Employment The perfonnance of all or part of this Agreement by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any empJoyee of the Contractor or any sub-Contractor or any employee of any sub-Contractor by the County at the present time or in the future. 9. Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County 'to make withholding for any taxes other than Income taxes (i.e. Medicare). All compensation received by'the Contractor will be reported to the Internal Revenue Service at the. end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. Professional Services Agreement PageS The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes including. but not limited to: Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 10 . Regulations and Requirement This Agreement shall be subject to all laws, rules and regulations of the United States of America , and State of Washington, and political subdivisions of the State of Washington, and to any other provisions set forth herein or in the attached exhibits. 11. Right to Review: This contract is subject to review by any Federal or State auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the County. Such review may occur with or without notice, and may include, but is not limited to, on-site inspection by County agents or employees. inspection of aI/ records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluation by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for 6 years after contract termination, and shall make them available for such review, within Kittitas County, State of Washington, upon request. 12. Modifications: 12.1 Either party may request changes in the Agreement. Any and all agreed modifications shall be in writing, signed by each of the parties. 12.2 The County may, at any time, by written notice thereof to Contractor ("Change Notice") makes changes in the Work within the general scope of this Agreement, including, but not limited to: (a) changes in, revisions to, substitutions for, additions to or deletions of any Work; (b) changes in schedule; and (e) acceleration, deceleration or suspension of performance of any Work. 12.3 If any change in the Work causes an increase or decrease on Contractor's cost of, or the time required for, performance of the Work, an equitable adjustment in the compensation to Contractor and in the schedule for the performance of the Work shall be made to reflect such an increase or decrease. 12.4 Notwithstanding any dispute or delay in arriving at a mutually acceptable equitable adjustment, Contractor shall proceed in accordance with all Change Notices. Contractor must, within thirty (30) days after receipt of any Professional Services Agreement Page 6 Change Notice that does not set forth any acceptable adjustment. submit to the County a written statement setting forth any adjustment claimed. 12.5 If any change results in a decrease in the Work performed, Contractor shall be entitled to compensation associated with changing the Work, such as revising design already completed, revising calculations already performed, and revising documents. 13. Termination for DefauH: If the Contractor defaults by failing to perform any of the obligations of the Agreement or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, postage prepaid, terminate the Agreement, and at the County's option, obtain performance of the work elsewhere. If the Agreement is terminated for default, the Contractor shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. 14. Termination for Public Convenience: The County may tenninate the Agreement in whole or in part whenever the County determines, in its sale discretion that such termination is in the best interests of the County. Whenever the Agreement is terminated ih accordance with this paragraph , the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. In the event of such tennination. an equitable adjustment shall be made in the compensation payable to Contractor. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of antiCipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute a breach of contract by the County. 15. Defense & Indemnity Agreement: The Contractor agrees to and shall defend, indemnify and hold harmless the County, its Additional Insured's, appointed and elective officers, agents and employees, from and Professional Services Agreement Page 7 against all loss or expense, including but not limited to judgments, settlements, attorney's fees and costs by reason of any and all elaims and demands upon the County, its Additional Insured's, its elected or appointed officials, agents, or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its sub-Contractors, its elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County, its Additional Insured's, apPointed or elected officials, agents, or employees . It is further provided that no liability shall attach to the County by reason of en tering into thiS contract, except as expressly provided herein. 16. Industrial Insurance Waiver: With respect to the performance of this Agreement and as to claims against the County, its Additional Insured's, officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this Agreement. 17. Venue and Choice of Law: In the event that any litigation should arise conceming the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the Superior Court of the State of Washington in and for the County of Kittitas. This Agreement shall be governed by the law of the State of Washington. 18. Withholding Payment: In the event the Contractor has failed to perform any obligation to be performed by the Contractor under this Agreement within the time set forth in this Agreement, then the County may, upon written notice, withhold all monies due and payable to Contractor, without penalty, until such failure to perform is cured or otherwise adjudicated. 19. Future Non~Allocation of Funds: If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period , the County will not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. No penalty or expense shall accrue to the County in the event this proviSion applies. 20. Contractor Commitments. Warranties and Representations: The Contractor represents and warrants to the County as follows: 20.1 The Contractor is duly incorporated. validly existing and in good standing under the laws of the State of Washington, and has all requisite corporate Professional Services Agreement Page 8 power and authority to enter into and to perform its obligations under this Agreement. 20.2 The Contractor has the authority to execute this Agreement, to make the representations and warranties set forth in it and to perform the obligations of the Contractor under this Agreement in accordance with its terms. '20.3 This Agreement has been validly executed by an authorized representative of the Contractor and constitutes a valid and legally binding and enforceable obligation of Contractor. 20.4 The Contractor has or will obtain prior to the commencement date such licenses, permits and other authorizations from federal, state and other governmental authorities, as are necessary for the performance of its obligations under this Agreement. 20.5 The Contractor is not in violation of any applicable law, ordinance or regulation the consequence of which will or may materially affect Contracto~s ability to perform its obligations under this Agreement. The Contractor is not subject to any order or judgment of any court, tribunal or governmental agency which materially and adversely affects its operations or assets in the State of Washington, or its ability to perform its obligations under this Agreement 20.6 None of the representations or warranties in this Agreement, and none of the documents, statements, certificates or schedules furnished or to be furnished by Contractor pursuant hereto or in connection with the performance of the obligations contemplated under this Agreement, contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements of fact contained therein not misleading. 21. Patent/Copyright Infringement Contractor will defend and Indemnify the County from any claimed action, cause or demand brought against the County; to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs anp damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: . 21.1 Contractor shall be notified promptly in writing by County of any notice of such claim. 21.2 Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement is made, provided no reduction in performance or loss results to the County. 22. Disputes: 22.1 General Professional Services Agreement Page 9 Differences between the Contractor and the County, arising under and by virtue of the Agreement Documents shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken . Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, instructions, and decisions of the Kittitas County Commissioners shall be final and conclusive. 22.2 Notice of Potential Claims The Contractor sha ll not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 22.3. Detailed Cla im The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the completion of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or extension of time claimed to be due. 23. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor andlor its conSUltants or sub -Contractors, in connection with performance of this Agreement shall be the sole and absolute property of the County. 24. Confidentiality: The Contractor, Its employees, sub-Contractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the Kittitas CoUhty Prosecuting Attorney or an oroer entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicia l proceedings seeking disclosure of such information. Contractor shall indemnify and hold harmless the County. its Additional Insured's, officials, agents or employees from Professional Services Agreement Page 10 all loss or expense, including, but not limited to settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 25. Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, notice shall be given by the Contractor to the department head of the department for whom services are rendered, and to the Kittitas County Commissioners, 205 W 5th Ave, Suite 108, Ellensburg, WA 98926. Notice to the Contractor for all purposes under this Agreement shall be given to the address reflected on the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid. 26 .. Severability: If any tenn or cond ition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid tenn , condition or application. To this end, the terms and conditions of this Agreement are declared severable. 27. Miscellaneous: 27.1 The County's failure or delay to insist upon strict performance of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement shall not be construed as a waiver or relinquishment to any extent of its right to assert or rely upon any such provisions, rights or remedies in that or any other instance; rather the same shall be and remain in full force and effect. 27.2 This Agreement embodies the entire Agreement between the County and Contractor, and supersedes any and all prior agreements, regarding the Work. No change, amendment or modification of any provisions of this Agreement shall be valid unless set forth in a written instrument signed by the party to be bound thereby. 27.3 The rights and remedies of the County set forth in any provision of this Agreement are in addition to and do not in any way limit any other rights of remedies afforded to the County by any other provisions of this Agreement, by any of Contractor's Support or by law. 27.4 The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. 28. Waiver:· Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No terms or conditions of this Agreement shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. Professional Services Agreement Page 11 29 . Survival: The provisions of paragraphs 7, 9,11,13,14,15,16,17,18,19,20,21,22,23,24,28, 3D , and 31 , shall survive , notwithstanding the termination or invalidity of this Agreement for any reason. 30 . Nondiscrimination: 30.1 The County is an equal opportunity employer. 30.2 Nondiscrimination in Employment In the performance of this Agreement, the Contractor will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, sexual orientation, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Contractor shall ensure that applicants are employed , and that employees are treated during employment without discrimination because of their race, creed, color, national origin, sex, sexual orientation, maritaJ status , age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfers, recruitment or recruitment advertising , layoff or termination, rates of payor other forms of compensation, and programs for training Including apprenticeships. The Contractor shall take such action with respect to this Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment. 30.3 Nondiscrimination in Services The Contractor will not discriminate against any reCipient of any services or benefits provided for in this Agreement on the grounds of race, creed, color, national origin, sex, sexual orientatIon , marital status, age or the presence of any sensory, mental or physical handicap. 30.4 If any assignment and/or subcontracting has been authorized by the County, said assignment or subcontract shall include appropriate safeguards against discrimination. The Contractor shall take such action as may be required to ensure full compliance with the provisions in the immediately preceding paragraphs herein. Professional Services Agreement Page 12 31. Prevailing Wage: Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechan ics employed in the performance of any part of the Work in accordance with RCW 39 .12 and the rules and regulations of the Department of Labor and Industries. The schedule of prevailing wages rates for the locality or localities of the Work is determined by the Industrial Statistician of the Department of Labor and Industries. It is the Contractor's responsibility to verify the applicable prevailing wage rate. It is understood that the Contractor is respo nsible for obtain in g and completing all required government forms and submitting same to the proper authorities. Disputes regarding prevailing wage rates shall be referred for arbitration to the Djrector of the Department of Labor and Industries. The arbitration decision shall be final and conclusive and binding on all parties Involved in the dispute as provided for by RCW 39.12.060. Professional Services Agreement Page 13 EXHIBIT "A" SCOPE OF WORK In addition to providing all material and labor, the Contractor shall perform the following: Under the supelVis'ion and directlon of the Kittitas County Lodging Tax Advfsory Committee (L TAC), the Chamber agrees to provide the following services and engage in the following activities in support of the County tourism development effort: 1. Visitor Information Center -Ellensburg and Cle Elum a. Establish, operate, and maintain Visitor Information Centers for the purpose of: i. Greeting visitors; ii. Displaying promotional brochures; iii. Offering assistance, and Iv. Answering requests for tourism and visitor information. 2. Website Maintenance a. Maintain a public website that promotes County tourism and provides information for visitors. b. Track website traffic statistics including, but not limited to, page views, unique visitors, seach terms, entry and exit pages. c. Update content, events and daily monitoring of website. 3. Collateral Materials/Subscriptions a. Develop promotional materials: i. Video clips; Ii. Photo library; iii. Visitor's Guide; iv. Star Report. b. Distribute County tourism information and literature in the County and in other markets. c. Maintain stock and periodically review the effectiveness of County racks and rack locations. 4. Marketing and Advertising a. Administer, contract and oversee County tourism promotloh efforts including: I. Digital marketing and advertiSing -paid Facebook, Twitter, Instagram. Google Adwords, Bing and production costs of ads; ii. OrganiC social media -3x per week posting, 52 weeks per year, all social media platforms: Faoebook, Twitter and Instagram; iii. Television advertising -media buy, production and creative consult; Professional ServiCes Agreement Page 14 iv. Other activities agree to by the Parties from time-ta-time. b. Develop and implement an external public relations campaign to promote the County's events. attractions, facilities and destinations. 5. Administration a. Participate in the County's Lodging Tax Advisory Committee meetings. b. Submit a monthly account of expenses incurred. c. Obtain, analyze and apply data related to tourism activities in such a manner as to aid the review of the effectiveness of the County tourism development efforts. d. Submit quarterly reports to the County Lodging Tax Advisory Committee about services completed and the state and effectiveness of tourism promotion efforts. As requested, but at least twice a year, present such reports in person to the Board of County Commissioners. e. Provide training and support for applicants to the County-wide Consolidated Lodging Tax Grant Application process. Professional Services Agreement Page 15 EXHIBIT "B" COMPENSATION As full compensation for satisfactory performance of the work, the County shall pay Contractor compensation not to exceed: $169,500 (One-hundred, sixty~nine thousand, five~hundred dollars and no cents), broken down in10 the following expense categories: Administration/Other Chamber Administration (10%): Marketing/Advertising Overhead: Visitor Information Center Overhead: Marketing/Advertising/Other Website Management Digital Marketing/Advertising: Organic Social Media: Television Advertising: CollateraVSubscriptions: ProfessIonal Services Agreement Page 16 $16,950.00 $7,750.00 $17,400.00 $3,000.00 $50,000.00 NO COST $64,665.00 $9,735.00 EXHIBIT "C" The Contractor shall secure and maintain in effect at all times during performance of the Work such insurance as will protect Contractor, its Support and the Additional Insured's from all claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury (including death) or property damage that may result from performance of the work or this Agreement, whether such performance is by Contractor or any of its Support. All insurance shall be issued by companies admitted to do business in the State of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best's Reports unless otherwise approved by the County. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. The Contractor shall provide proof of insurance for: 1) Commercial General Liability Insurance. • Coverage limits not less than : • $1,000,000 per occurrence per project • $2,000,000 general aggregate • $1,000,000 products & completed operations aggregate • $1,000,000 personal and advertising injury, each offense • Certificate Holder -Kittitas County • The Certificate must name the County as additional insured as defined in the Agreement • Sixty (60) days written notice to the County of cancellation of the insurance policy. 2) Stop Gap/Employers Liability. • Coverage limits not less than: • $1,000,000 each accident • $1,000,000 disease -policy limit • $1,000,000 disease -each employee • Thirty (30) days written notice to the County of cancellation of the insurance policy. 3) Commercial Automobile liability Insurance. • Automobile Liability for owned, non-owned, hired, and leased vehicles, with an MCS 90 endorsement and a CA 9946 endorsement attached if 'pollutants' are to be transported. • Coverage limits not less than: • $1,000,000 combined single limit • Thirty {30} days written notice to the County of cancellation Professional Services Agreement Page 17 of the insurance policy. 4) Workers' Compensation. • Workers' Compensation in amounts required by law. Contractor shall furnish the County a Certificate of Insurance with Endorsement as evidence that policies providing insurance required by this Agreement are in full force and effect. Contractor hereby waives all rights of recourse, including any right to which another may be subrogated, against Kittitas County for personal injury, including death, and property damage. Contractor's insurance poliCies required above shall be primary insurance and shall be non-contributing with any other insurance mainta ined by Kittitas County. The Contractor shall assume full responsIbility for all loss or damage from any cause whatsoever to any tools, Contractor's employee-owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. The Contractor shall have sole responsibility for ensuring the insurance coverage and limits required are obtained by subcontractors. NOTE: No contract shall form until and unless a copy of the Certificate of Insurance with Endorsement, properly completed and in the amount required, is attached hereto. Professional Services Agreement Page 18 TOURISM PROMOTIONS AGREEMENT Between the City of Cle Elum and The Kittitas County Chamber of Commerce Th is Aireement Is made and entered into this -2-day oflltt'1'If )(6.015, bV and between the Kittitas Countv Otamber of Commerc::e, hereinafter "Chamber," and the atv of Cle Eluml a municipal corporation, hereinafter "City." WITNESS THAT: WHEREAS, the Otv and the Chamber seek to cooperate in the provision of tourism development services for the communIty; and WHEREAS1 the Chamber Is qualifled and willing to continue providlns such services to the City; NOW THEREFORE, for and in consideration of the mutual covenants and promises of the parties hereinafter set forth, it is agreed as follows: A. chamber "s Obllsltions. The Chamber agrees to provide the following selVices and engage In the following activities In support ofthe Cle Elum tourism development effort: 1. Establish, operate and maintain a Visitor Information Center for the purpose of sreetlng Visitors, displaying promotional brochures, offering assistance, and answering requests for tourism and visitor information. Hours of operation will be Monday -Friday from 10 a.m. to 4 p.m ., and Saturdavs between the hours of 10 a.m. and 4 p.m. 2. Ensure that Chamber personnel and volunteers receive resular visitor Information trainIng. 3. Distribute de Elum tourism Information and literature in Cle Eum and In other markets. Maintain stock and periodically review the effectiveness of Cle EJum racks and rade locations. 4. Develop and maintain a separate web site devoted entlrelv to Cle Erum tourism. S. Develop and Implement external public relations throughout City attractions, facilities, and events. 6. Submit monthly reports to the aty about services completed and the state and effectiveness of tourism promotion efforts. As requested, but at least twice during the year, present such reports In person to the CltV Council . 7. Submit a monthlV accounting of expenses Incurred for reimbursement. 8. Obtain. analyze and apply data related to tourism-related activities In .such a manner as to aid the review of the effectiveness of Cle Elum tourism development efforts. 9. Seek funding from KittItas County lodging Tax and other sources to help support Cle Elum tourism promotion efforts. B. City's Obligations. The City agrees to provide the followIng services and engage in the following actIvities in support of the Oe Elum tourism development effort: 1. Assig" a member of the City staff to serve as liaison and contact with Chamber representatiVes in support of the Implementation of this agreement. 2. Make payment from the CIty's lodging Tax Fund to the Chamber for the prOVision of Its services based upon the budget intluded In 'Exhibit A -Tourism Services Budget' which is made a part ofthls 1 agreement. Payments for those budget items shown in 'ExhlbH: A -Tourism Services Budget' for Visitor Information Services shall be made on a monthly basis. Payment for the services and products covered by this agreement shall be on a reimbursable basis to the Chamber for costs Incurred. Budget lines In "Exhibit A -Tourism Services Budget" are approximate. However, payments made by the City to the Chamber under this agreement shall in no event exceed the total amount shown on the budget in 'Exhibit A -Tourism Services Budget' of $106,000 without the prior written agreement of the parties. C. Additional Obligations. The parties further agree as follows: 1. The Oty, and any agents and employees of the Oly, in the performance ofthis agreement, shall act in an Independent capacity and not as officers or employees or agents ofthe Chamber. L1kewise, It is agreed that the Chamber, and any agents and employees of the Chamber, In the performance of this agreement, shall act In an independent capacity and not as officers or employees or aaents of the City. 2. This aareement 15 not assignable by either party In whole or in Pirt without mutual written agreement of the parties. 3. All of the provisions of this agreement shall extend to and be binding upon ilnd inure to the benefit of the heirs, executors~ administrators, successors, and asslps of the respective parties hereto. 4. It is mutually understood and agreed that no alteration or variation of the terms of this all'eement shall be valid unless made in writing and signed by the parties hereto, and that no oral understandings or agreements not Incorporated in this agreement shall be binding on any of the parties. 5. Both parties agree that In fulfilling the terms and conditions of this eareement that neither shall discriminate on the baSis of race, creed, color, national origin, age, sex. marital status, or the presence of. physical. sensory or mental handIcap. 6. This agreement is a contract for senrlces. The Chamber remains a private nonprofit asSOCiation of business and professional people, and the Chamber's acceptance of this contract does not result in Chamber membership, or convey the benefits of Chamber membership, to non-members. 7. The Chamber's membership directory, web pase, displays and other Chamber referral services remain the property of the Chamber and Its members. iIInd listing Is at the discretion of the Chamber. S. The term of this contract shall be for one (1) year, from January 1, 2016 through December 31, 2016. 9. Either party may terminate this agreement after alving ninety (90) days written notice of Its Intentto terminate. IN WITNESS WHEREOF, this ilgreement has been executed by and on behalf of the parties on the day and year first above written. KITTITAS COUNlY CHAMBER OF COMMERCE CllY OF elE ELUM By: -~~=-=-4\-:==----Br.~ Charles Glondo Mayor 2 ADMINISTRAnON Welcome Center Rep Director of Tourism OFFICE EXPENS~S Lease, Utilities, Supplies WEBSITE Website Hostlnl Update/Content ONUNE MARKETIN§ SodalMedla Ad Production Exhibit A • Tourism Services Budget 2016 RADIO MARKmNG $32,000 Radio Stations $5,000 Voice Over Production TELEVISIQN MARKETI[!tG $18,000 Seattle Market Station PRINT M ARKETING $500 NWPA -StatNlde Newspaper $3,000 COLLATERAL MAIERIAlS Downtown Map Creations $ 18,sao Medl .... KIt Sales Sheet $3,000 Photography SWAG· postclrds, t--shirts TOTAL ADVERTISING BUDGn TOTAL OPERATIONS BUDGET TOTAL REQUEST $106,000 3 $3,000 $500 $14,800 $3,000 $700 $500 $2,000 $1,500 $56,000 $50,000 TOURISM PROMOTIONS AGREEMENT January 1,2015 -December 31,2016 Between the City of Ellensburg and The Kittitas County Chamber of Commerce This Agreement is made and entered into this _ day of , 2014, by and between the Kittitas County Chamber of Commerce, hereinafter "Chamber," and the City of Ellensburg, a municipal corporation, hereinafter "City," and witnesses that: WHEREAS, RCW 67.28.1815 provides, in part, that "All revenue from taxes imposed under said Chapter shall be credited to a special fund in the treasury of the municipality imposing such tax and used solely for the purpose of paying all or any part of the cost of tourism promotion, acquisition of tourism-related facilities, or operation of tourism-related facilities ... "; and WHEREAS, the City's Lodging Tax revenues have been credited to the Lodging Tax Fund; and WHEREAS, the City applied through the City of Ellensburg Lodging Tax Advisory Committee ("the L TAC") for financial assistance from the City's Lodging Tax proceeds ("the Proposal"): and WHEREAS, the City has determined that the activity herein described promotes the general welfare, health and safety of the citizens of the City, and is in the best interests of the City in regard to the promotion of tourism in the City of Ellensburg, the City intends to disperse City Lodging Tax proceeds to the Chamber to assist with its Proposal, and hereby enters into this Agreement; WHEREAS, the City and the Chamber have successfully cooperated under an agreement beginning in 2001 that resulted in the proviSion of tourism development services for the community; and WHEREAS, the Chamber is qualified and willing to continue providing such services to the City: NOW THEREFORE, and in consideration of the mutual covenants and promises of the parties hereinafter set forth, it is agreed as follows: A. Chamber's Obligations. The Chamber agrees to provide the following services and engage in the following activities in support of the Ellensburg tourism development effort: 1. Visitor Information Center a. Establish, operate and maintain a Visitor Information Center for the purpose of i. greeting visitors, ii. displaying promotional brochures, iii. offering assistance, and iv. answering requests for tourism and visitor information. b. Operate the Visitor Information Center Monday-Friday from 9 a.m. to 5 p.m., to include Saturdays between the hours of 10 a.m. and 2 p.m., and Sundays between the hours of 10 a.m. and 2 p.m. during the months of June, July, August, and September through Saturday of Labor Day Weekend. Tourism Promotions Agreement -Page 1 c. Ensure that Chamber personnel and volunteers receive regular visitor information training. d. Maintain a year-round toll-free number for tourism information. 2. Website Maintenance a. Maintain a public web site that promotes Ellensburg tourism and provides information for visitors. b. Track web site traffic statistics including. but not limited to. page views. unique visitors. search terms. entry and exit pages. 3. Collateral Materials a. Develop promotional materials i. Brochures ii . Maps iii. Press Kits iv. Video clips v. Photo library b. Distribute Ellensburg tourism information and literature in Ellensburg and in other markets. c. Maintain stock and periodically review the effectiveness of Ellensburg racks and rack locations. 4. Marketing and Advertising a. Administer and oversee Ellensburg tourism promotion efforts including i. marketing campaigns. ii. advertising. iii. brochures. iv. solicitation of conventions and meetings. v. participation in trade shows. and vi. other activities agreed to by the parties from time to time. b. Develop and implement an external public relations campaign to promote the City's events, attractipns. facilities. and destination downtown. 5. Administration a. Participate in the Ellensburg Lodging Tax Advisory Committee meetings. b. Prepare the City's applications to the Lodging Tax Advisory Committee for funding. which must be approved by the Lodging Tax Advisory Committee for 2015 and 2016 as a condition of the City approving payment to the Chamber for any billing under this Agreement. c. Submit a monthly accounting of expenses incurred. d. Obtain, analyze and apply data related to tourism-related activities in such a manner as to aid the review of the effectiveness of Ellensburg tourism development efforts. e. Submit quarterly reports to the City about services completed and the state and effectiveness of tourism promotion efforts. As requested. but at least twice during the year. present such reports in person to the City Council. f. Work to meet the 2015 goals for increaSing Ellensburg tourism as included in "Exhibit B -Ellensburg Tourism Goals" of this agreement. Tourism Promotions Agreement -Page 2 6. Signage a. Staff the City's entryway and directional signage committee. B. City's Obligations. The City agrees to provide the following services and engage in the following activities in support of the Ellensburg tourism development effort: 1. Assign a member of the City staff to selVe as regular liaison and contact with Chamber representatives in support of the implementation of this agreement. 2. Make payment from the City's Lodging Tax Fund to the Chamber for the provision of its services based upon the budget included in 'Exhibit A -Tourism Services Budget' which is made a part of this agreement. Payments for those budget items shown on 'Exhibit A -Tourism Services Budgef for Visitor Information Services and Administration of Marketing shall be made on a monthly basis. Payment for the services and products covered by this agreement shall be on a reimbursable basis to the Chamber for costs incurred. Payments made by the City to the Chamber under this ~greement shall in no event exceed the total amount shown on the budget in 'Exhibit A -Tourism Services Budget' of this agreement. C. Additional Obligations. The parties further agree as follows: 1. The City, and any agents and employees of the City, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the Chamber. Ukewise, it Is agreed that the Chamber, and any agents and employees of the Chamber, in the perfonnance of fhis agreement, shall act in an independent capacity and not as officers or employees or agents of the City. 2. This agreement is not assignable by either party in whole or in part without mutual written agreement of the parties. 3 . All of the provisions of this agreement shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties hereto. 4. It Is mutually I.Inderstood and agreed that no alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto, and that no oral understandings or agreements not incorporated shall be binding on any of the parties hereto. 5 . Both parties agree that in fulfilling the terms and conditions of this agreement that neither shall discriminate on the basis of race, creed, color, national origin, age, sex, marital status, or the presence of a physical, sensory or mental handicap. 6. This agreement is a contract for services. The Chamber remains a private nonprofit association of business and professional people, and the Chamber's acceptance of this contract does not result in Chamber membership, or convey the benefits of Chamber membership, to non-members. 7. The Chamber's membership directory, web page, displays and other Chamber referral services remain the property of the Chamber and its members, and listing is at the discretion of the Chamber. 8. The term of this contract shall be for two (2) years, from January 1, 2015 through December 31, 2016. 9. Either party may terminate this agreement for any reason after giving ninety (90) days written notice of the intent to terminate. 10. The Chamber and City jointly shall prepare a review of the Goals identified in Exhibit B attached hereto and shall prepare an assessment report for delivery to the Ellensburg City Council at the end of each calendar year of the contract. Tourism Promotions Agreement -Page 3 IN WITNESS WHEREOF, this agreement has been executed by and on behalf of the parties on the day and year first above written. KITTITAS COUNTY CHAMBER OF COMMERCE By: _________ _ Jim Armstrong C.E.O. Tourism Promotions Agreement -Page 4 CITY OF ELLENSBURG By: ______________ _ Attest: Rich Elliott Mayor ~~~~--------City Clerk Approved as to form: City Attorney EII &tt>'nvq EXHIBIT A Tourism Promotions Budget 2015/2016 2015 2016 Work Item Unit Crist Extension _"_ ~ """",=,,~.:..sd ~ .~..c; .. tExtenSIOn ~ -=-r~ ....; " ~ ... '. • .-I ~ Visitor Information Center VlsJlo_r Center space jrent/maintenance) Month 25,000,00 Month 25000 Offke expensa{phQlle, postage, ropIer, office, supplies} Lump Sum 28000.00 Lump Sum 28000 Operations Staffllig Lump Sum 30000.00 Lump Sum 38650 Staff Tra Ining Lu(l'lpSum 2.500.00 Lump Sum 2500 [supeNislon and AdministratJon Lump Sum 63 660.00 lump Sum 65570 Total Vlsitor 'lllformation Center 149160.00 159720-00 I Website Maintenance website host lump'Sum 300.00 lump Sum 300 Subcontract to update site/content, Lump Sum U 300.00 lump Sum 11800 SUpervislon and Admln1str.lt/on l,ump Sum .' LumpSurn Total Web~te 11300.00 12.100.00 " Collateral Materials Promotlona l materials development Contract Cost 15,000.00 . Contrac.t Cost 15666 Printing costs Contrilct Cost 15000.00 Contract Cost 15666 hOOrs to dlstrlbute,/$tOCk racks lump Sum 1,500.00 l ump Sum 2000 Supervision and Administration Lump Sum 1.496.00 . lump Sum 2000 Total Col.lateral Materials 32.996 .00 3S 332 .00 Mark.eting & Advertising Staff Hours lump Sum 5625 , lump Sum 5700 subcontract for advertJsill8 consultants Contract Cost 16'875 " Co ntract Cost. 17000 OMlne advertising Contract COst 51000 ': Contract Cost 60000 TelevlslDn (QbIe/8rOadcast~venl5lnltl .Contract Cost 71000 I Contract Cost 75000 Radio advertising Contract Cost 15500 ': Contract Cost 20000 Print advertising €ontrm Cost 50000 )) Contract Cost soaoo SupervlslDn and Administration • lJJmpSum 16000 " wmpSl/m 20000 Total Marketing-and Advertising 226,000.00 .. ' 242,()~.00 Total Contract 419,456.00 ~ 449,152.00 • Includes c:osts for LTAC Applcatlon Prepilratlon, quarterly report preparation and presentation. I.) Unit Costs are Estimates based upon information available at the time of contract preparation. Totals shown are not to exceed values 2,) Invoice for reimbursement will be on actual cost Inclurred for services. materials, and staff hQurs. Rent for the VISitor information Center will be at the quoted amount. INTERLOCAL AGREEMENT FOR PROFESSIONAL SERVICES Between the City of EUensburg and The Ellensburg Business Development Authority This Professional Services Agreement (the "Agreement'') is entered into this l(;1~ay of ~~'t ' 2016 by and between The City of Ellensburg, a municipal corporation (the "City"), and The Ellensburg Business Development Authority, a public development authority chartered under Washington law (the "EBDN,), and collectively referred to together as the "Parties." WHEREAS, the EBDA is a public development authority created by the City of Ellensburg under Title 35.21 RCW and Chapter 1.62 ECC, as amended, and operates under its adopted Charter and Bylaws; and WHEREAS, the EBDA' s primary purpose is dedicated to promoting economic development projects within the territorial limits of the City and outside the territorial limits of the City to the extent authorized by RCW 35.21.740; WHEREAS, the City is the owner ofthe "Ellensburg Business Incubator" which is leased and operated by the EBDA for the purpose of supporting new or recently fonned businesses in Ellensburg to help promote the City's economic development opportunities; and WHEREAS, the City wishes to engage the EBDA for professional services on the tenns and conditions set forth below; NOW THEREFORE, in consideration of the above recitals and the mutual promises and benefits contained herein, the Parties hereby agree as follows: I. INCUBATOR MANAGEMENT SERVICES. The EBDA will provide the following services regarding incubator businesses, generally, and the Ellensburg Business Incubator: A. The EBDA, in conformance with the City's broad policy guidance, shalJ provide for the operation and management of the Ellensburg Business Incubator and the coordination of services provided to tenants and to community businesses. The City of Ellensburg (City) previously entered into a lease agreement with the EBDA of the Business Incubator building, located at 1000 Prospect Street, Ellensburg, Washington on September 15. 1994. The lease agreement is referred to and by this reference incorporated into this agreement. B. Provide reasonable cost, flexible space within the incubator facility to start-up and early stage finns needing special assistance to succeed. C. Manage and develop the Microloan Funds to assist local business growth. D. Develop and deliver a mixture of administrative, business and facility services that will either lower start-up costs or provide accessibility for businesses to increase their rate of achievable success. E. The EBDA will work closely with existing organizations and corporations to strengthen the network of support for new and existing businesses, to coordinate resources for effective delivery of services. F. The EBDA will promote small business and entrepreneurial efforts in this area and will seek to recruit those companies which fit the area needs and resources. O. The EBDA will coordinate resources for effective delivery of services to area business. H. Broader economic development objectives or activities may be developed as needs are identified, but shall be complementary to the nature and intent of a public development authority; the EBDA will attempt to avoid competitive delivery of services within the area. II. COLLATERAL SERVICES: The EBDA will, in conformance with the attached 2016 work plan (Schedule A), provide professional services to include but not be limited to: A. Maintenance of demographic, database records and other infonnation that will assist local business and provide timely response to companies looking to locate. B. Working with local, state and federal organizations and representatives to maximize the assistance resources needed to conduct effective economic development. C. Working with City administration and staff and other governmental agencies, as needed, to assist with growth planning and infrastructure needs to accommodate economic development, corrununity and business needs. D. Conducting or sub-contracting as appropriate, within the compensation provided by this Agreement, training, seminars, needs assessment surveys, educational assistance and other related programs to improve local business. III. GENERAL CONDITIONS: A. The EBDA shall maintain (andlor contract for) qualified, well-trained stafi'to meet the objectives and goals set forth by the Board of Directors. B. The EBDA shall provide a semi-annual progress report regarding its operation ofthe Ellensburg Business Incubator to the City Manager for distribution to the City Council. Each report shall address progress towards EBDA goals. C. The EBDA shan prepare and submit a quarterly report covering fmancial expenditures. The EBDA will provide a fmancial repOlt to the City Manager within one month of the end of each quarter. EBDA understands that as a public development authority a State audit will be conducted in compliance with state law and monies for payment of that audit will be a part of the annual budget request. D. The EBDA shall schedule and conduct general building maintenance for timely and reasonable care of the Ellensburg Business Incubator and its occupants, meet insurance requirements and other issues consistent with management of the facility. E. EBDA will consult with the City to address structural and/or maintenance decisions estimated to exceed $5,000 regarding the Ellensburg Business Incubator. F. The EBDA shall comply with all federal, state, and local laws prohibiting discrimination on the basis of any legally protected class. G. The Executive Director of the EBDA shall provide a summary report of Board activities to the City Counci1 at the Council's first meeting in June and December. 2016 City/EBDA Interlocal Agreement for Professional Services - 2 IV. COMPENSATION AND EXPENSES The City will compensate EBDA under this Agreement as follows: A. The City, consistent with the general laws of the State of Washington, and applicable grant requirements, shall contribute significant resources to the Ellensburg Business Incubator in the fonn ofleasing real property to EBDA and other funds necessary to continue the goals and operations associated with the incubator building and project. B. The City shall allow EBDA to retain lease payments and service fees collected from tenants of the Ellensburg Business Incubator as part of the EBDA operational funds. C. The City shall schedule and conduct structural maintenance, meet insurance requirements and satisfy other requirements consistent with ownership of the incubator building and as lease bolder. D. In consideration for the services to be provided by the RBDA as stated in this agreement: 1. The City shaH pro vide fimding in the amount of$70,OOf) annually to EBDA for economic devcl(lpment services; and 2. The EBDA shall bill the City quarterly for its services. V. DURATION AND TERMINATION A. Durati on . This agreement shall remain in full force and effect until its termination on December 31, 2016, unless either party effects earlier termination as provided in Section B. B. Tcmlination . 1. Either party may terminate this Agreement by providing thirty (30) days written notice to its intent to tenninate the Agreement. 2. Written notice oftennination shall include the date upon which the termination is to be effective. 3. Upon tennination, EBDA shall be entitled to payment for all costs incurred up to and as a result of the termination of this agreement. Upon tennination, the City shall be liable for paying the pro- rata amount owed to EBDA for services rendered through the effective termination date. lfthe City has already paid the EBDA an amount greater than its pro-rata share for the year, it shall invoice EBDA for the overpayment, which shall be repaid to the City within thirty (30) days. VI. OTHER PROVISIONS A. Co nflic ts oflnterest . No officer, employee or agent of the City or the EBDA who exercises any functions or responsibilities in connection with planning or carrying out of this Agreement shall have any personal financial interest, direct or indirect, in this Agreement; the EBDA and the City will take appropriate steps to assure compliance. B. lndepend ent Authority. The Ellensburg Business Development Authority is a separate non-profit municipal corporation established under the laws of the State of Washington. Nothing in this agreement is intended, or shall be deemed, to constitute a partnership or joint venture between the EBDA and the City. The EBDA shall act independently under the guidance and direction of its Board of Directors and Executive Director, pursuant to its Altic1es of Incorporation, Charter and Bylaws. C. Maintenance and Inspection of Records . The EBDA shall maintain books, records and documents, which sufficiently and properly reflect all work related to the perfOlmance ofthe 2016 City/EBDA Iuterlocal Agreement for Professional Services - 3 Agreement. In addition, the EBDA shall maintain all accounting records in a tonn necessary to assure proper accounting of all funds paid pursuant to this Agreement. All of the above shall be subject at all reasonable times to inspection, review, or audit by either party, its authorized representative, the state auditor, or other governmental officials authorized by law to monitor this Agreement D. Amendments/Modifications. Any amendment or modification of this agreement shall be in writing and shall be executed with the same formalities as this agreement. E. Insurance. The EBDA shall maintain in full force and effect public liability insurance in an amount sufficient to cover potential claims for bodily injury, death or disability and for property damage, which may arise from or be related to projects and activities of the EBDA undertaken pursuant to this Agreement, naming the City as an additional insured. F. Hold Harmless. The parties to this Agreement shall defend, indemnify and save one another harmless from any and all claims arising out of the performance of this Agreement, except to the extent that the hann arises from the sole negligence of one of the Parties. G. Severability. In the event any provisions of this Agreement shall be determined to be unenforceable or otherwise invalid for any reason, such provisions shall be enforced and valid to the extent permitted by law. AU provisions of this Agreement are severable and the unenforceability or invalidity of a single provision herein shall not affect remaining provisions. H. Filing of Agreement. This Agreement shall be filed with the Kittitas County Auditor's Office Of, alternatively, listed by subject on each or either party's web site or other electronically retrievable public source pursuant to RCW 39.34.040. IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made effective on the day and year first above written: ELLENSBURG BUSINESS DEVELOPMENT AUTHO~RITY B~y:, .. TItle: ~~~~--------- CITY OF ELLENSBURG By: .. ;., .. c · Rich Elliott, Mayor Attest: ~JJ.tU;l~-- Clerk Approved as to fonn: ?-.:.-~ ,_ City Attorney 2016 CitylEBDA Interlocal Agreement for Professional Services - 4 Schedule A: Ellensburg Business Development Authority Scope of Work for 2016 1. Administrative Services: • For the EBDA, interface with the Kittitas County Board of Commissioners, Kittitas County Chamber of Commerce, and Ellensburg Downtown Association • Assist Incubator tenants with business advice and technical support • Provide assistance to start-up and existing Ellensburg businesses • Administer and promote the EBDA MicroLoan program • Provide administrative support to EBDA task forces and committees • Provide semi-annual reports to the City regarding EBDA accomplishments • Publicize the EBDA's work and successes to the general public • Maintain and update EBDA website including listing of available properties 2. Property Management Services: • Execute leases and collect rents at Incubator, and Airport • Oversee maintenance of buildings & grounds at all buildings • Market vacant units to prospective tenants • Ensure tenant compliance with terms of leases 3. Financial Services: • File all necessary financial paperwork to comply with State & Federal reporting requirements (excluding Form 990 preparation expenses) • Provide monthly & annual financial reports • Account for all MicroLoan activity 4. Recruitment Services: • Promote small business and entrepreneurial efforts in the area • Seek to recruit businesses that fit the needs and resources of the community • Establish and maintain a working relationship with the Washington State Department of Commerce • Coordinate site selection recruiter activities 5. Real Estate Services: (EBDA Administrative costs reimbursed with a .75% handling fee after closing, fee based upon selling price) • Obtain appraisal(s) of the City's Dolarway Road properties -expense to be reimbursed by the City of Ellensburg • Arrange for sale of Dolarway Road properties -if listed with a licensed real estate broker -Commission not to exceed 6% 1 'I Represent the City at closing and arrange for document signatures. • Handle all contacts, contracts, and agreements necessary to effectuate the sale(s) • Title Company and closing expenses to be paid by the City of Ellensburg 6. Strategic Planning: • Conduct a strategic planning effort and prepare an economic development strategic plan • Hold public participation events (3) to receive input on the strategic plan. • Participate in a joint City Council/EBDA meeting to present the plan • Revise the plan as necessary to address City Council Concerns • Suggest an Implementation plan and timelines 2 Oepa 'rtment of Co 'm'merce Innovation is in our nature~ Grant Agrea;!ment with Kittitas County Chamber of Commerce Through Business Services Division Associate Development Organization Pro(Jram For: This performance b~sed .grant funding is to assist J3co.nomlc 'd~velopment acth71tles for Kittitas County . Start date: July 1, 2015 Washington State Department of Commerce 'WWW .• COMMERCE.wa.g~v F~CE SHEET Contract Number: 516-7&100-519 ,1. Granlee Washington State Department ()f Commerce Business Services Division Associated Development OrganizatJon Pr.ogram 2. Grantee DQing Business As Kltt1tas Coun~y "Chamber of Commerce Kittil'as County Chamber of Commer(lEj 609 N. Main Street 609 N. Main Street Ellensburg, Washingfon 98926 ·Ellensburg. Washington .98926 3. Grantee Representafive 4. COMMERCE Reprusentatlve David Bowen Kathy Carlson PO SO" 42525 Director of Ec:onomic Development ADO Contracts Coordinator 1011 Plum St, SE Phone: 509-'935-2002 P.hone: 360-725-4187 Olympia, WA 98504- Eman: davld~ittitas£Qunl.~bi!mber ,c:an'I Fax: 360-586-0873 2525 Email: .~ath~,CDrlS!i!n(ci2ocimme~;Yga ,QOV 5. Grant Amount 6. Funding Source 7. Start Sate 8. E,..d Date $81.450 Federal: 0 State: 18I Other: D N/A; 0 JlJ!y 1 • 2015 June 30, ?O17 9:. Federal Funas {as applicable) , Federal Ageney: ~FDA1iu1IL~r NA NA NA 10. Tax 10# 11.SWV# 12. UBI# 13.·DUNS ~ XX-xxxxxxx 0115361-00 NA NA 14. GrantPulPOse This performance .based grant funding Is to assist economic development .activHies for Kittitas County. , '. COMMERCE, defined as' the ~partment of Commerce, and the Grantee. as defined abovB, acknowfedge and acoept the tenns of this Grant and attachments and have exeoute9 th IS Gr.al)t o.n.the da te belo~ to start as df-the d~te.and year ~erenoed aboVe , The rights and obligations of both partles:to this Grant are governed by this Gtant and the 10UoWlng o!hfilrdocurrienls incorporated by reference: Grant Terms and Conditions inCludlng .Speclal TE!1ms and Conditions. GenerelT~ms ahd OonditIons , Attachment "A" -Scope of Work, Attachment ·B~ -Budget FOR GRANTEE . ~OR COMMERCE D~ 3~ ~k·~ktl:. David .Bowen. Direptor of Econpmic Developmenl M,ar,lc: Galhoon, IOferim Ass istant Dlfect!)f ~ Kittitas County Ohamber of Commerce Bu." ... -71s 101 a 13{l(~ 't I IS-. Dale Date APPROVED AS TO FORM ONLY BY ASSISTANT A TTORNEY ·G~ERAL APP~OVAI-ON FILE Sandra C . MIX, Auistant Attorney 'Gen6l'a1 .s :YCotlnty AIes\KJH~as CotJll!y\Cooiracis 15-17\AOO\Granl CotltracN<11t1tas .countY Ctlamber of CO~ ADO Grl!nl ' 816-08-1.8-2015 7~'l0&-519 AnaI·Approlllld by AAG8-18-16.dDCX Date Q:\lntraA~t\bocLinks\Contr8Cts \T emplstes \COMMERCE_ Grant~State 4-17-13 ~ ~ r Attachment A • Soops of Work 1. Actlvltl!§: .A. Requlred reporting ·by ADOs on performance measures :lIsted i)elow represent two .broad areas of work mandated by statute RCW 43.630 ,080 , • DIrec1, a~slstal1ce . Including business planning , to ~panles throughout the CX>lJnty who need support to slay In .busIness, E;lxpa nd, or relocate 'lo"Washlrtgton (rom -out ,of,state or ·otf)er coontrl~s , Ass!stance must oOmpJy with business recruitment ,and retentiQ" pcOtocols .established.in RCW 43 .330.082. • Supp-ert for regional ecoMrnic research and ~i9n~1 pll.l~nlng efforts to Implement target InduslTy $octor stJa.legles and ol"ereeonorttic de.velopntent 8tr~leg jes. Inctudlng cluster- based strptegie$, ReSoarcl1 al)d plannIng ~ffQrts s.hOllI~ &upportlncrease d living standards and Increased foreign direct investment, and I;>e .aligl1et'l Wl1h the s1a/ewide economic- development slrategy, Regional 8ssociSte:dev.elopmanl organlzallons retain their . IodepeOO.ence to address' local concerns 'and goals. 2. Dellvemble:s: A. The GRANTEE will describe to COMMERCE ,their b~iSiness pion 'as outlined 'in Table A; B. The GRANTEE and COMMERCE have negotiated the requited GRANT performance measureli' thalwlll be used by~t:le GRANTEE and COMMERCE to annually ass,ess GRANTEE performance. These performance me.sure targets ~re ld~ll11fied In Column '(A) 'aM Column. (B) in Table B below. These pe)form~J')ce·rne~ures are spec;ltic delivemples under this-GRANT. C. The GRANTEE shelf collect ctata-and using the web.b~6ed jnfolJl'latJon system. Pl'9v1ded by COMMERCE , provide quartcay repGrI6'OIl ell required d~t:a In Tab)e B below Pe~~nce ~$ure$l:'IOd Ts"ble C OutComes 'below, These reports are a GRANT deliverable, D. Only tho~ activities Identified iri Table B 'Performance Measure Targets" In 'Column A" and "Column S" wHI be used .bythe G~ and COMMERCE-to assess achlevamenl of ·Peiiormance ~sure Targets", E. Summary of .Best Practices Shared and Implemented by the 'corrtractlfIQ or~anjzatlons, Annual reports must Include .~!l~ Inf()\'tn$tion to allow the contracting , organization's Impact "on employment a~d overall changes In employment 4.3,~~O,082 Quarterly Reports will be submitted by the following -dates: October 15, 2015 Jariuary' 15,2-016 Aprli 15. 2016 Ju1y 7, 2016 October 15, 2016 January '·5; 2017 April 15, 2011 July .7.20.11 Summary or Best Practices Sha~.!1 and Implemented will be submitted bv the follow[ng dates.: July 7. 2016 July 7, 2017 15 1,7 18 ,. !' ; I I. , .. ' . . ~ ". ',' .. :' .... , .... . " . ~. . . ' ' . . I:~ .. " I. " , ': .1 " ... ..,.. " . 1 '. 20 , ' " .. '. • Nillmhll>r offoUow-up interactions with buslnesS9$", '. . • t • 3 , 3 21 22 Eacl1 'projeotJburoine&& will be identified and described in ,the reporting table. Reporting table Wnl have 'd~p ~owri' selections to' (~elinaate between type. of project' (e.g, recllJitment, retenfioni expansion, starHlps). Com merce will tally totals to report aggregate I'netrics for. the follow.1ng: • Number of businesses ,!ted, retained. expanded, or startups • Number of jobs created ' ' • Number of jobs retained " Amount ofinve&tment generated .. Average annual wage of creat~d Jobs (Indollsrs) • Amount of new state 'tax dollars generated Performance ineasur-tUargets and projects will be'entered into the Sales Force portal quarterly by the following d_: October 1'5, 2015 January 15,2016 Aprll15,2016 July?,2016 October 15,,2016 January 15, 2017 April 15. 2,017 July 7, 2017 Attachment B -·Btldget Grant RecipiEmt;: KlttltasC0Ugty'Cl7lamber of·Cpmmer;e.·. The.bUdget shall cons~t :of tile folloWing etemenl&: 1. Protected &pendiluresdCOMMERCE Funds : Amount a. Personnel $53.350 • b. Contracted Services 0 c . Project Relates Expenses 28100 d. Travel 0 e. other 0 TOTAL COMMERCE AWAA.D $81450 2. BUdget Summaty: FY16 FY17 COMMERCE · Funds $40 725 $40,725 Local Matching Resources 22,603 22;503 Sub Total $63.228 $63228 Total Budget $63.228 $63228 3. E$llmated Quartedv 'Draw: Quarter ' FY16 a. First: July-Sept $10181.25 b. SttCOnd; OCt-Dec 10181..25 c. Third : Jan-Man:h 10,1 81.25 d. Fourth: Apr-June 1Q.181.25 TOTAL $40 .725 4. Spaclal Bl;!dget ProvlS1ons: .Grant Award: $81.450 Total $81.450 45006 '$126 ·456 $126.456 FY17 $10181.25 10181.25 10;181.25 10181.25 $40 725 A. .As a condition of receiv.ing lunds under this GRANT, the GRANTEE agrees to document at least $45.0061n matc::hiflg resources. These. matching funds shall be used O)(clusively .to perform the work described in Attachment 'A" to this GRANT. B . The total ar.rTount of transfers of funds between line item budget categories shall not exceed (Wenty (20) percent of the total budget. If1he ·cumulative amount of·these transfers exceeds or is . expected to exceed ;twenty (20) percent, the 101al budget shan be subjecl'to justification and ~otlation of·a GRANT amendment by the GRANTEE and ·COMMERCE. C. A'sum of ten (1Q) "ereent .of funda shall be withheld ~nti! activities and fmal pr.oducts defined 'In ,ll(ttschment ~A· have .been successful!y completed .by .fhe ·GRANTEE and accepted fully by COMMERCE . 24 Attachm ent 0 ECONOMIC DEVELOPMENT DIRECTOR • Be the primary contact to the Dept. of Commerce, attend ADO fJ'leetings, meet regularlv with Commerce staff, overSee our ADO reporting requIrements, over see our ADO activity and financial reports. • Provide direct technical assistance to businesses located In Kittitas County in accordance with RCW 43.330.080. (see attached) • Work to meet our ADO goal reporting requirements. (see attached) • Assist and encourage entrepreneurs and businesses to locate or expand within Kittitas County. • Assist in the assessment of infrastructure and capital improvement projects for the county arid cities. • Oversee data base of available properties throughout IC"Ittitas County. • Conduct research for exi~ng and start-up businesses to assist them in growing or expanding. • Assist businesses with site locations and arrange site visits within Kittitas County. • Assist entrepreneurs and businesses access city, county, state and federal resources. .. Provide information on and assistance with state, local and federal permitting processes, tax issues and other essential information for operating, expanding, or locating a business in Washington. • Develop and maintain effective relationships with city, county and state government representatives. • Work with elected officials to create a better bUsiness dimate in Kittitas COunty & Washington State. • Develop and manage an annual budget that is approved by the CEO & Finance Committee. • Develop and manage an annual work plan with the Economic Development Committee that is approved by the Board of Directors. " • Staff support for the Economic Development Committee and Board of Directors. • Regularly attend city, county and other relevant community meetings Induding long-range planning and land development meetings. • Attend conferences relevant to the position which enhances the core function of the Economic Development Department. • Collect and report data needed for business assistance and recruitment. • Partidpate on Boards and with associations relevant to economic development andlor our ADO requirements. • other duties as assigned. EllENSBURG BUSINESS DEVELOPMENT AUTHORITY • Oversee operations and maintenance of buildings and landscapins at the InCubator (1000 Prospect Avenue) and the Airport Facility (3110 Airport Road). .. • Market Incubator facility and programs, induding recruitment of new businesses to occupy the buildings, ensuring that the sites are fullV leased at all times. . • Provide tenants with assistance to access local and state resources, provide counseling on small business issues, including but not limited to marketing, foan packaging, finandal analysis, licensing requirements, and referrals to technical assistance from our statewide network. Coordinate design, financing, and contracting of any new construction projects selected by the EBDA Board. Actively market the availability of the microlcan fund, review all miaoloan fund applicatiOns and present them to the Executive Committee for approval. Attend monthly Board meetings and ensure that the Board packets are serit out in a timely manner. Provide day to day operational duties Ie: .banking, approval of invoices, web site updates. Provide direct technical assistance and permitting assistance to Ellensburg Businesses. Work with the EllensbulJ CIty Council and Staff regarding the City owned Industrial Ught property along Dolarwav Rd. Including the 110 aaes by Rotary Park. Work with the City Coundl and staff on needed code and ordinance updates. Act as a liaison between the business community and the Oty. Update and review policies, monitor budget, approve expenses, provide day to day operational oversight, implement policies to ensure compliance with state auditing standards. Keep up to date data on Ellensburg. Assist with other duties as assigned. Job Title: Status: Department: Reportsto~ SUmmary: Job Description Economic Development Coordinator Part Time/Hourly Economic Development CEO and Director of Economic Development Provide administrative and program assistance to the Director of Economic Development Coordinate and facllltate property management functions. Provide responses to requests for information and assist in directing inquiries to appropriate resources. Ass!st in creation and maJntenance of the records for the Economic Development Department areas of responsibility Including the Associate Development Organization. ADO; EllensbUrg Business Devefopment Authority. EBDA; and the Central Washington Resource Enelgy Collaborative, CWREC. Essential Dutlas and ReeponslbJlJtles: Update/maintain business ptan. industria' sIte, and other economic data Conduct regular Internet searches to update economic dataIInformation Prepare documentslmaterials for AirportlJncubator Building Management and Incubator Program Obtain Information for Board commIttees as directed Web page design. modifications, and updates Create, compile. and mall or e-maU Board infonnatJonal "Packets" prior to Board Meetings Attend meetings, take notes. and dl8ft Board Minutes Answer tefephones, greet visitors, and provide information as appropriate Filing and maintain filing systems Updating and copyinglcoUating and binding Prepare mailings . Develop/maintain courteous/professional relationships with the Board of Directols, govemmentlbusiness represenlatives, and other groups Educate generBI pubic and promote the actMtJes of the Kittitas County Chamber of Commen:e Economic Development Department and the 8lensburg BusineSs Development Authority Assist the Director and Financial Manager as requested MaJntain confidentlality at aU times Other Duties all Assigned Attachment E RCW 82.14.370 Sales and use tax for public facilities in rural counties. RCW 82.14.370 (3)(iii) "Economic development office" means an office of a county, port districts, or an associate development organization as defined in RCW 43.330.010, which promotes economic development purposes within the county. Attachment F BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS ST ATE OF WASHINGTON RESOLUTION NO,': 2016· DILl IN THE MA ITER OF APPROVAL OF THE KITTITAS" VAKIMA COUNTIES COMPREHENSIVE ECONOMIC DEVEWPMENT STRATEGY. WIIEREAS; Kittitas County and Yakima County and its public and private partners want to strengthen and diversify the regional economy; WHEREAS; developing a Comprehensive Economic Developme~t Strategy (eEDS) for the region will help marshal resources and drive effective partnerships; WHEREAS; a CEOS will also help the region gain attention and support tor specific projects with the Federal Eeonomic Development Admjnjstration~ WHEREAS; the two county CROS will be driven by a broadly representative local steering committee: WHEREAS: several public: forums will be held to generate input and interest in the eEDS plan; WHEREAS: an extensive outreach process will be administered to specifically request that interested jurisdictions and eligible nonprofit associations submit economic development projects for prioritization and inclusion within the eEOS; WHEREAS: the eEOS plan will help reestablish a two county Economic Development District that can help implement this important plan; and WHEREAS: it is beneficial to maintain the CEI>S so that the Economic Development Administration (EDA) can consider economic investments within our region; NOW THEREFORE BE IT RESOLVED that the Kittitas County Board of Commissioners adopts the fonowing document (attachment A) as the final CEDS plan for 2016 -2019. DATED this 19th day of January, 20 (6 at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KJ'ITlT AS COUNTY, W ASU.NGTON (~)b· ~~C·b . ~ ~ 1~.,.."lt[Jen, mrman Gary Berndt. Commissioner · Kjorsvik Excerpts from the Yakima and Kittitas Counties Regional Comprehensive Economic Development Plan -2015 Increase participation in business and Industry roundtable to cultivate local bUSiness and serve as focal point for delivering services to key companies. Provide assistance to expanding or troubled companies in an effort to support jobs and private Investment within Yakima County. Package funding and other resources to support expansion or retention of local companies. Market the region as a business location using e- newsletters, websites prospecting trips, publ1c relations and other strategies. Update content on key business development websites so that new and existing companies can Identify the benefits of doing business and resources available in Central Washington Implement cooperative marketing initiatives that raise the region's image and reputation as a business location Generate leads from expanding bUSinesses, respond to prospect businesses, and continue to follow up on longer- term business expansion leads. Stay in contact with site selection professionals through e- newsletters, direct mall, and special trips or events. Implement bUSiness plan contests for entre.preneurs and emerging businesses in Kittitas and Yakima Counties Investigate the feasibility of expanding existing business plan contests and other initiatives that support entrepreneurs and emerging businesses in the two county reg ion YCDA, Kittitas Chamber YCDA, Kittitas Chamber, South Central Workforce Council YCDA, Kittitas Chamber, RCDR, Evergreen Business Capital YeDA, Kittitas Chamber, Port districts VCDA, Kittitas Chamber, port districts, RCDR, SBDC, SCORE YCDA, Kittitas Chamber, Port Districts VCDA, Kittitas Chamber, Port Districts YeDA, Kittitas Chamber VCDA,CWU YCDA, Kittitas Chamber, local Colleges & Universities Related fil'PIU,qIr'tl # 46 Create a multi use downtown retail Incubator program In Kittitas County and explore opportunities to Implement this model In Yakima County. Organize and offer periodic seminars for entrepreneu rs and established businesses that provide help in the areas of finance, marketing, management, getting started, etc. Market unique loan programs and services and explore angel and equity funding programs that will support promising ventures in the region. Implement strategies to help local employers attract technical and professional employees to Central Finalize STEM Education Plan for Central Washington and focus on initial Implementation. Develop business education partnerships for K-12 and postsecondary schools Develop web based Information and resources that identify current STEM education initiatives while connecting business, education, families and public at large to current and future STEM initiatives. Implement a series of topical seminars to support key local industry clusters and their key employees. Implement Employment Roundtables to prepare and support adults in the transition to new career opportunities in demand occupations. Increase technical training opportunities by expanding the Vakima Vocational Technical Skills Center and building a satellite facility In Sunnyside. Start a Medical AsSistant technical certificate program in response to industry needs . . Initiate a Machining Apprenticeship Program to provide in . depth training to the areas incumbent workforce and support the state's aerospace Industry Kittitas Chamber, YCDA, City of Yakima VCDA, SBDe, SCORE, Ellensburg Downtown Association, RCDR, Kittitas Chamber ReDR VCDA, Kittitas Chamber ESC 105 ESC lOS, VCDA, SeWDC, CWU, Kittitas Chamber ESD 105, VeDA VCDA, Kittitas Chamber,SCWDe SCWDe VVTECH, Vakima School District Perry Technical Institute (PTI) YVee 4S Initiate a combined professional technical degree program where a student will receive an Associates of Applied YVCC, PTI Science Degree . Secure funding for development of infrastructure improvements including, roadway, water, sewer, utilities and pedestrian access at top priority sites within the region. Secure 1st phase funding to implement the Yakima Basin integrated Water Resource Management Plan. Fund appropriate infrastructure projects with each County's 0.09% sales tax funding dedicated towards economic development projects Seek to secure funds to enhance trail and green beit systems in the RegIon . Incorporate local breweries and distilleries into promotional and tourism marketing initiatives. Develop and promote agr/tourlsm and cultural activities within the region Pursue securing funds to make Improvement to fairgrounds and other landmark facilities In the region to enhance their capabilities to support enhanced tourism. Cities, Counties and Port Districts, Kittitas Chamber YBIP, Yakima County, WA State, Kittitas County YCDA, Yakima County, Kittitas County, Kittitas Chamber Kittitas Environmental Ed Network, Greenway AssOCiation YVCB, YCDA, Kittitas Chamber YVCB, Yakama Nation, area museums & cultural groups/societies YCDA, Kittitas Chamber, Kittitas county 1,2,3,4,6 1,2,6 9,16 11 56 Enhance commercial flight opportunities in and out of Yakima Com plete City of Yakima master planning activities for downtown revitalization and secure funding to begin lemen tatlo n actions detailed in the Assess and inventory the City's current retail offerings and create a recruitment and marketing strategy for downtown retail redevelopment. Organize and develop new events that will draw people to downtown business districts Determine possible locations for parks, plazas and a permanent location for an annual farmer's market that enhances overall downtown revitalization efforts. Ensure that land use, mobility, and parking requirements support current street level retail with a forecast of downtown growth. City of Yakima City of Yakima City of Yakima, Ellensburg Downtown AssociatIon City of Yakima, Ellensburg Downtown Association City of Yakima City of Yakima, Ctty of Ellensburg, Ellensburg Downtown Association City of Yakima, Develop marketing and promotional materials that highlight Ellensburg downtown and neighborhood business development opportunities. Redevelopment of Main Street, Union Gap Implement planned infrastructure Improvements that support North 1st Street Revitalization Downtown Association City of Union Gap VCDA City of Yakima 14 13,17,4 13,17 4 12 8 51 In accordance with EDA guidelines, annual reports detailing progress achieved on economic development activities will be prepared. The yearly reports will effectively adjust the CEDS as needed to anticipate new opportunities, address new issues, identify new projects and strategies and remove finished projects and strategies. Since the CEDS is a living document, annual reports will provide details regarding the previous year's efforts toward defined goals. Key objectives will be tracked and "next steps" will be stated for the coming year. These projected plans will continue to identify specific projects, estimated costs and timeframes, funding mechanisms, responsible parties, and project partners. The following performance measures will be used to evaluate how well strategies and projects are producing desired outcomes and impacts for the Kittitas Yakima region. GOAL ONE: Support the Retention and Expansion of Regional Clusters and Industries • • • • • • • • Number of new jobs created Number of jobs retained Increase in private Investment Number of key companies receiving In-depth counseling (4 or more hours) Number and $ value of key industry/business capital expansion projects Number and types of Federal and State investments secured to support specific cluster or Industry collaborative initiatives $ loan capital packaged to support expanding businesses $ value of tax credits secured to support expanding businesses GOAL Two: Support Small Business Success and Entrepreneurship • Number of new ventures created • Number of workshops offered for small business and entrepreneurs • Number of sma" businesses receiving in-depth counseling (4 or more hours) 52 • Number of jobs created by small businesses receiving help from intermediaries • Number and types of Federal and State investments secured to support small business development • $ Increase in private investment from expanding small businesses • $ loan capital packaged to support expanding businesses GOAL THREE: Develop a World Class Workforce • Number of companies investing in customized workforce training • Number of employees participating in customized training activities • $ value of company investments in customized worker training • $ value of funds secured for general or customized workforce training • Number and type of new training/education degree programs and certificates • Number and types of Federal and State investments secured to support workforce training or development • Number of STEM graduates from area colleges and technical schools • Number of disadvantaged workers successfully placed into jobs GOAL FOUR: Invest In Capital Facilities and Infrastructure • Number and types of Federal and State investments made to support specific companies or prepare for economic development opportunities • Number and $ amount of funded water/sewer improvement projects • Number of new jobs created • $ private investment triggered 'ENEFIT • Number of acres of industrial property improved or readied GOAL FIVE: Promote Tourism and Develop Visitor Amenities • Number of visitors using websites, visitor centers, etc. • $ value of publicity generated In support of tourism amenities and attractions • # days of conventions/meetings booked at key public facilities • Number of events created/supported & estimated economic impact • Increase in overall economic impact from visitor spending .. 53 GOAL Six: Enhance Downtown and Neighborhood Business District Vitality • Number of businesses started or recruited to targeted business districts • Num ber of companies expanding within targeted business districts • Number of key companies receiving In-depth counseling (4 or more hours) • Number of events created/supported & estimated economic impact • Number of new jobs created • Number and $ amount of Federal and State Investments in revitalization projects • Number of jobs retained • $ Increase in private investment from expanding businesses The Yakima and Kittitas County Commissions will maintain a CEDS committee or use the Board of a regional Economic Development District to evaluate the CEDS plan on an annual basis. The group will update performance measures as necessary based upon actual experience with plan implementation. 54 KITTITAS COUNTY ECONOMIC DEVELOPMENT GROUP Economic Development Strategic Plan -Release 1.0 1.6 Participate in regional planning initiatives. In accordance with state requirements, the EDG should identify opportunities to participate in planning initiatives that affect the region. Examples of groups to consider include transportation planning, workforce development, and tourism organizations. The level of participation will be dependent upon available resources and specific priorities, but could Include tracking announcements and publications issued by each group; attending regularly scheduled meetings; or hofding a position on a board or working group. Business Retention and Expansion Business retention and expansion should be the heart of any economic development program. A solid BRE program can help communities protect and even grow their existing base of employers. Focusing on existing employers makes sense as they are already invested in the community, In the context of the private sector, a business retention program Is like the adage that says you must attend to your existing customers first. If you don't, you jeopardize your base. This is especially true in light of current economic conditions, which mean fewer recruitment prospects and more existing businesses in distress. At its simplest, a BRE program helps the economic development organization develop a clear understanding· of the businesses already In the community and helps keep tabs on any changes and challenges area businesses face. The primary functions of a BRE program are threefold: 1) to ensure that at-risk businesses receive support, especially when that risk is the result of labor issues or other factors the community can influence in some way; 2) to expand and support growing businesses; and 3) to act as an ombudsman for local businesses generally, by identifying their issues and needs. A basic BRE program entails the following elements and activities: 1: BASELINE ACTIVITIES {:sIRD IN THE~:D , Existing businesses fonn the backbone of a thriving economy. They typically represent the best. opportunity for increasing the employment and tax base of a col'TYTlunity and the greatest .economic threat if they close or relocate. BUt local firms are often overtooked in a community's enthusiasm to recruit new, headlins"9enerating businesses. Given the fiercely competitive environment for business attraction and the myriad of issuos facing most communities with regard to the recruitment of new business, business retention should be a baseline activity for economic development organizations. In other won::ls, a/l other Initiatives, Including business recruitment, should be considered In lIght of their ability to complement and supporl the ex;stfng business network. \... ~ @ TIP STRATEGIES Theory Into Practice Page 8 .~ Dl (1 ::::r 3 CD :::s ..... G> KITTITAS COUNTY ECONOMIC DEVELOPMENT GROUP Economic Development Strategic Plan -Release 1.0 1.7 Maintain an inventory of existing businesses and available properties. Publicly available business records, such as DBA filings, tax records, utility hookups, and ownership transfers, can be good sources of information. This inventory should be recorded and maintained in an electronic database or a Customer Relationship Management (CRM) System. 1.8 Administer a regularly scheduled survey of employers. This survey will identify which companies may be at risk of leaving the community and which companies plan to expand. In addition, these surveys can uncover employers' Issues. If possible, the survey should be administered annually. The use of online survey tools, such as Survey Monkey (www.surveyrnonkey.com), Zoomerang (www.zoomeranq.com), SurveyGizmo (www.surveygizmo.com), and Poll Daddy (www.polldaddy.com) make this an inexpensive method for keeping in touch with area employers. 1.9 Conduct business visitations. To supplement findings from the survey, the EDG should visit at least 20 businesses per year. The purpose of the visits should be to gauge the ability and needs of local businesses to operate successfully and possibly expand in the community. These visits can be conducted by EDG staff or with the support of interested board members. A set procedure should be established for these visits to ensure that consistent information is gathered. 1.10 Create a forum. Provide opportunities for local businesses to meet regularly with economic and community development staff. The purpose of these meetings is similar to that of the employer survey, but the face-to-face approach often stimulates discussion that a survey cannot. This could be accomplished by holding a quarterty business forum or industry roundtables. Forums could be organized around a specifIC topic of interest (such as planning and zoning issues or transportation infrastructure) or could be used as a moderated discussion about general concerns. These meetings do not need to be elaborate. Local restaurants will often donate meeting space In return for the lunch or dinner traffic. The goal is simply to keep an open line of communication between employers and public officials. @ TIP STRATEGIES Theory Into Practice 1: BASELINE ACTIVITIES Page 9 KITTITAS COUNTY ECONOMIC DEVELOPMENT GROUP Economic Development Strategic Plan -Release 1.0 1.11 Provide networking opportunities. In addition to the forums discussed above, networking opportunities can be an invaluable part of a BRE program. Hosting a monthly luncheon or -after hours" event has been a mainstay of chambers and economic development organizations. Unlike the forums, these events should be solely designed to facilitate business-ta-business contact. Business card exchanges, ·speed networking" events, or featuring a small number of businesses are examples of formats that are frequently used for these events . Supporting existing events - rather than introduce competing events -should be the focus of this task. Currently, the Ellensburg Chamber organizes a monthly business after hours event. 1 .12 Have an intervention strategy. Develop a "rapid response" strategy for dealing with potential layoffs or plant closures. Under the Federal Worker Adjustment and Retraining Notification Act (WARN) of 1989, companies with 100 or more employees must notify local governments and state workforce organizations about plant closings or mass layoffs at least 60 days in advance of the event. However, at this point, it is frequently too late to do anything. Identify -at-risk" companies earty-on and develop an aggressive intervention strategy. As part of this effort, the community should identify the tools available to help avert such actions or ameliorate their impact . Examples of these tools include: Identifying assistance programs for at-risk companies, such as the manufacturing modernization services offered through the U.S . Department of Commerce's Manufacturing Extension Partnership (MEP) program. Partnering with the state and local workforce development boards' rapid response teams to provide assistance to workers facing dislocation. Cultivating relationships with site selectors, developers, and real estate brokers to ensure prompt reuse of a closed facility by a new tenant. To be effective, intervention must occur early. As such , this strategy relies heavily on the Information-gathering steps outlined above. 1: BASELINE ACTIVITIES r;;"E IMPORTAN:E Of . , CONNECTIONS , Helping local businesses connect to trade associations, think tanks, academic institutions, and other smiar companies is a key element of the economc gardening approach introduced by Littleton, Colomdo; We !.'Ire 311'tt'are of t"esean:h In netl.'lol"K theory that indicates that an increase in the number of business connections Increases the innovation levels d comparues. In ~iir'..ulai, "weak ties" to "ubs" Olrts,t"'e ~ business's normal daily connections are Important for bringing in new ideas. We have made a point of connecting our businesses to our local community college and the Un·rversJty of Colorado, as weU ell; ijlC 'Mlri( of interastlng research organizations like The Santa Fe Inslitute and The Colorado Issues Networl<. http://v-NNI.lll!leltJngov.orgJtialeG:),~cgcroening/ " ~ @ TIP STRATEGIES Theory Into Practice Page 10 KITIITAS COUNTY ECONOMIC DEVELOPMENT GROUP Economic Development Strategic Plan -Release 1.0 1 .13 Report on progress. Provide ongoing evaluation and reporting by preparing an annual report to the community on progress-on-goal. This effort could be tied to state reporting requirements or could be expanded to include specific business issues and relevant partner initiatives (such as a joint report on labor issues with local workforce organizations. Business Recruitment and Pros p ect Management The attraction of companies is the activity which is perhaps most commonly associated with economic development organizations . Indeed , target industry recruitment is often a cornerstone of many programs. Recruitment can be thought of has having three separate stages: 1) generating leads, 2) managing prospects, and 3) facilitating company locations when they occur. 1.14 Conduct lead generation activities. While marketing and direct outreach to prospective companies is often a large component, indirect channels can yield more promising leads in a more cost-effective manner. For this reason, EDG should focus on creating a strong network of relationships that will generate high quality leads . To do so, the EDG should focus on building relationships with regional developers, brokers, and site selectors and with state and regional organizations. Forging relationships with these groups can help staff stay abreast of local private development efforts, tap into new networks of businesses, and become aware of prospects looking to relocate in the state. The following actions support this task: 1.14.a Database. Create and maintain a database of developers, brokers, and site consultants . Due to its relative geographic proximity, the EDG should Initially focus on the Pacific Northwest. Eventually, the database should be expanded to include West Coast metropolitan areas. 1.14.b Information. Continue to maintain and update information typically of interest to commercial and industrial developers on the EDG website. (See Tasks 1.1 and 1.7). @ TIP STRATEGIES Theory Into Practice 1: BASELINE ACTIVITIES Page 11 KITTITAS COUNTY ECONOMIC DEVELOPMENT GROUP Economic De velopment Strategic Plan -Release 1.0 1.14.c Newsletter. Develop and distribute a quarterly e-newsletter to local businesses, regional public officials, site selectors, real estate developers, investment prospects, and other key stakeholders. In addition to communicating the EDG's achievements, each issue should highlight a different opportunity in the region. Services such as Constant Contact make this a low-cost option for reaching your target audience. Email addresses can be gathered with a link on the EDG website and via contacts with individuals and organizations during the course of conducting the EDG's work. 1.14.d Visitation program. To the extent feasible, staff should call on site consultants in the SeaUle area as well as other major metropolitan areas in the Pacific Northwest (Spokane, Portland, Tri-Cities). While a formal program of visits (i.e., quarterly) is most effective, resources may limit this action to visits made in conjunction with attendance at trade shows or other events. 1.14.e Marketing assistance. Offer assistance to market developers' and land owners' properties and buildings to future tenants. This could include adding the properties to the EDG website or including links to the owners' site, featuring the property in relevant materials (such as e-newsletters), and having printed materials available in the EDG office. 1.14.f Events. The EDG should periodically host luncheons that showcase specific assets, such as available land and buildings or new projects. Local and regional developers, site consultants and industrial and commercial brokers may be invited to attend. In addition, luncheons centered around a specific target industry should include potential prospects. 1.15 Establish prospect management system. Once a lead expresses interest in relocation assistance in the community, it should be entered into a formal prospect management system. Use of a formal system will help set the prospect's expectations and allow the EDG to track the status of prospects quickly and easily. Having a transparent and efficient process can be an effective way to gain an edge in ,. @ TIP STRATEGIES Theory Into Practice 1: BASELINE ACTIVITIES Page 12 KITTITAS COUNTY ECONOMIC DEVELOPMENT GROUP Economic Development Strategic Plan -Release 1.0 business recruitment by allowing staff to respond to requests in a timely, coordinated fashion. The following worksteps address this task: 1.15.a Process. The first step is formalizing the process by which prospects can indicate interest, receive information packets, visit the community, and apply for relocation assistance. This documentation should cover the prospect lifecycle -from lead generation through evaluation to receiving of relocation assistance. 1.15.b Intake qUestionna ire. Post an electronic form on the website that prospects can use to request an information packet, set up a visit and tour, and indicate interest in locating in the community. This questionnaire can also collect information on the prospect that the organization can use to tailor its response. 1.15.c Response. Create a standard information packet that is provided to prospects. Adapt pieces such as suitable sites and maps as well as workforce availability to respond specifically to the needs of the prospect. Arrange a visit for the prospect to tour the community and view the area's primary assets. 1 16 Provide relocation assistance. For prospects who are interested in locating in the community and who have been evaluated to significantly benefit the community, the organization should provide assistance in navigating the local development process, negotiating incentives, and structuring training programs for new employees, as necessary. Due diligence and an incentives policy are important elements of this strategy. ., ,. @ TIP STRATEGIES Theory Into Practice 1: BASELINE ACTIVITIES Page 13 KITTITAS COUNTY ECONOMIC DEVELOPMENT GROUP Economic Development Strategic Plan -Release 1.0 2 CENTRAL WASHINGTON UNIVERSITY The presence of an Institution of higher education can be a "gam e-changing& asset for a community. Kittitas County's greatest strength is Central Washington University (CWU). The comprehensive, four-year public university is a primary economic engine driving the local economy. With a student body totaling 9,000 FTE and rising, and an employment base of approximately 1,500, CWU's direct economic impact (capital investment, employment, expenditures) on Kittitas County and Ellensburg is tremendous. The university's indirect and intangible benefits are substantial as well. In addition to offering educational opportunities for existing residents, CWU provides social and political capital to the county and delivers entertainment and recreation options for the local population. Equally important is the university's role as a conduit for bringing young, educated people to the region. A university also brings important state and national exposure to the region and can be directly related to image. Strengthening the formal connection with the university and understanding its role in economic development should be the central focus of this plan. The following actions will help the EDG support and leverage Central Washington University for economic development: 2.1 Engage in cooperative marketing with CWU. EDG and CWU should establish a coordinated marketing message highlighting the county's economic development, quality of life, and higher education assets. 2.1 .a EDG should incorporate Information regarding specific academic and training programs at CWU in its economic development marketing materials. Training and academic programs that support EDG economic development goals and priority sectors (see Goal 4) should be highlighted. 2.1.b CWU should provide updated county-wide information, data, and events on its website and in their student recruitment materials . 2.1 .c CWU should also consider inviting community and chamber representatives to participate in student and faculty recruitment events. @ TIP STRATEGIES Theory Into Practice 2: CENTRAL WASHINGTON UNIVERSITY Page 14