Loading...
HomeMy WebLinkAboutRes-2017-019BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO: 2017-OI Cj RESOLUTION TO APPROVE THE 2017 DISTRESSED COUNTY SALES AND USE TAX INFRASTRUCTURE IMPROVEMENT PROGRAM AGREEMENT WITH THE CITY OF ELLENSBURG 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 City of Ellensburg 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 City of Ellensburg. ADOPTED this 17th day of January, 2017. BOARD OF COUNTY COMMISSIONERS '::P'!"" ..... OUNTY, WASHINGTON Attest: ~Ierk of the Board-Julie Kjorsvik o Deputy €lerk of the ~oard-Mandy Buchholz L ( """~ , /~ A -mdi ~",~~~~~ ... '" '. ,I,,, VI A ., n "'L ~ (,0; l-u) ~ \ ! v~ .. ,· ~:;% ~ Obie O'Brien, Commissioner :: :' ----... \\' :;. -= : S ---;:13-,: =_. J .1./)= =~: I L : = --1 ' ...j .-';:.-I.~ --::: ~:::\... ---..:?;; ~ Y'U'l •••• .... C5 .::~ ~ ('\.;..... • ••• ",,<.::, ~ ",,/ "U~ ...... ~...... ,~~ ,'" -'" ·.Itv l'" W s\~' "., II/t, , r \, ...... ' ',11 ,. 1/11" "Ill 2017 DISTRESSED COUNTY SALES AND USE TAX INFRASTRUCTURE IMPROVEMENT PROGRAM AGREEMENT BETWEEN KITTITAS COUNTY AND THE CITY OF ELLENSBURG This Contract, dated .~, 2017 is made and entered into by and between KITTITAS COUNT "County"), a subdivision of the State of Washington, and THE CITY OF ELLENSBURG ("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 obligations 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 one hundred sixty nine thousand five hundred and sixty dollars ($169,560). 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 katby ,jurgens@co .kittltas.wa.us Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 1 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 Recipient 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. Funding 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 County access to (and the County shall have the right to examine, audit and copy, Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 2 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 obligations 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 ~:COMMISSIO:S Chair ~ Vlce-Chair _ vd1e ~7u&-- Commissioner APPROVED AS TO FORM : Deputy Prosecuting Attorney 509-9COZ -7z..Z.1 Telephone Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 6 Larry Dunbar Director 962-7226 Beth Leader Executive Assistant 962-7124 Shan Rowbotham Power & Gas Manager 962-7251 Richard French Light Operations Supervisor 962-7219 Paul Meyer Senior Electrical Engineer 962-7223 Darren Larsen Gas Engineering & Operations Manager 962-7227 Ben Faubion Information Technology & Telecommunications Manager 925-8612 Bringing you low rates and quality customer service since 1891 Energy Services Department 501 North Anderson Street Ellensburg, W A 98926 (509) 962-7124 Fax (509) 925-8662 \ ww .c Lcllcn· urg. w a .lI ~ June 14,2016 Kittitas County Department of Public Works Distressed County Sales and Use Tax Grant Fund 411 N. Ruby, Suite #1 Ellensburg, W A 98926 JUN 1 4 2016 KITTITA COUNTY DEPT OF PUBLIC WORKS RE: Distressed County Sales and Use Tax Infrastructure Improvement Program Grant Application Please find enclosed a completed application for the Distressed County Sales and Use Tax Infrastructure Program. I am also enclosing 12 additional copies as requested. Also enclosed with the application are the following: 1. Vicinity Map 2. Project Estimate 3. Letter of Support from EBDA 4. NTIA study supporting the impact of fiber projects 5_ City of Ellensburg comprehensive plan for land use and economic development 6. Letter of Support from NoaNet Thank you for considering this grant request. Please do not hesitate to contact me should you have any questions. SinCerelY~ La ~bar Director of Energy Services Kittitas County Department of Public Works D ISTRESSED COUNTY SALES AND U SE T AX I NFRASTRUCTURE IMPROVEMENT PROGRAM ApPLICATION The Distressed County Sales and Use Tax Infrastructure improvement Program supports improvements to infrastructure systems that foster economic development in Kittitas County. The goal is to create economic opportunity through Infrastructure investment APPLICANT INFORMATION Applicant: City of Ellensburg Contact Name: Larry Dunbar Address: 501 N Anderson St. Address: City: ElIensburg WA Zip: ------~~----------~------- 98926 Telephone: 509-962-7124 FAX: 509-925-8662 E-mail Address:dunbarl@ci.ellensburg.wa.us Project Location: See Exhibits 1 A , 1 B & 1 C for details Jurisdiction Population: Project Title: City of ElIensburg Fiber Optic and Wireless Network Expansion Project APPLICATION THRESHOLDS Applicant Check-off: ReqUirement: 18 ,363 ~ 1 . The project is improvement to an infrastructure system(s) linked to economic development. [tf 2. A detailed 8 % X 11" vicinity map that clearly shows the project is included in the application package. 3. Distressed County funds are not being substituted for other funds that are already secured. 4. The project involves traditional improvements, Instead of "non-traditional" improvements eligible for "Enhancement" funding 5. Applicant has submitted only one application this round. 6. The local/regional economic development organization has been informed of the project. PROJECT BUDGET Funding Preliminary Right of Way Construction Project Is Funding Sources C P Engineering Phase Phase Total Secured - Y Phase orN? Distressed County Funds Requested: $ $ $169,560 $169,560 $169,560 Other $ $ $ $ Federal:$ $ $ $ $ State: $ Local Government:$67 .824 (40% Ma tch ) $25,434 $ $42,390 $67,824 Yes $ $ $ $ Private:$ $ $ $ $ *Other:$ Project Total $25,434 $ $211,950 $237,384 Distressed County Fund Matching Ratio: 15% % 25% 40.0% *Please explain other type of Funding : 2 PROJECT NARRATIVE 1. Project Description: Describe the scope of work. Indicate the major work involved, including a brief comparison of existing and proposed conditions. On June 1, 2015 the City Council accepted construction of the City's 27 mile long fiber optic network as complete. On August 3, 2015 the City Council amended the telecommunications ordinance to allow Internet access services to be provided to the public in addition to public agencies. On October 19, 2015 the City Council hired a consultant to design a wireless network for use by the electric and natural gas utilities for telemetry and by crews in the field. Design, bidding and construction of the wireless network will be completed in 2016. The City's wireless network will also be capable of providing Wireless Fidelity (Wi-Fi) services to businesses, home offices, and telecommuters. Phase I of this application is to purchase and install wireless subscriber modules to provide better, cheaper and faster Internet access services to businesses, home offices, and telecommuters using the excess capacity of the network. Although the City plans to purchase and install the majority of the necessary wireless telecommunications infrastructure, the cost to purchase and install a wireless subscriber module to connect to the network is a significant burden for a customer. See Exhibit 1A for the Phase I vicinity map. Phase 11 of this application is to purchase and install additional wireless access points to provide more coverage for Wi-Fi Internet access services enabling additional businesses, home offices, and telecommuters to use the excess capacity of the network. As part of the City's 2016 project, Wi-Fi capabilities will be available in several areas of the City but will not be available throughout the community. See Exhibit 1 B for the Phase 11 vicinity map. Phase III of this application is to purchase and install fiber optic connections to businesses, home offices, and telecommuters using the excess capacity of the network. The City has been offering fiber optic services to the community during the last year. Although the City has purchased and installed the backbone of the fiber optic telecommunications infrastructure, the cost to extend fiber optics from the backbone to reach each customer's location has been a significant burden for customers. Businesses, home offices, and telecommuters are required to pay the connection cost, which averages $5,000 each. See Exhibit 1C for the Phase III vicinity map that shows locations that have requested services during the last year. 2. Explain the specific Infrastructure issues the project addresses and how they are linked to economic development improvements. Businesses, home offices, and telecommuters rely more and more on technology and the Internet in their day to day operations. Point of sale systems at local merchants are becoming the norm. By having safe and reliable Gigabit telecommunications, companies that are looking for remote office locations would look to Ellensburg for its great quality of life for their employees. The grant funds will be used for necessary infrastructure to provide telecommunications services to businesses, home offices and telecommuters. With more than a year of experience now, the City has learned that connection costs are a significant burden for customers, again preventing them from taking advantage of connecting to the fiber optic network and the wireless network. The City recently began to offer "WICKED FAST" Internet access services with Gigabit speed, which is not currently available through any other local service provider. 3. Preliminary Engineering Phase: Estimated Start Date: October 19, 2015 Estimated End Date: August 26,2016 Please explain phase status (work already completed, in progress, awaiting funding, etc., and factors that may slow phase progress). The planning and design of the City's wireless network has been underway since October 19, 2015. Staff anticipates that the design will be complete by August 26, 2016, and that City Council will award the bid to construct the network no later than October 3, 2016. Construction of the wireless network is scheduled for completion by the end of 2016. 3 Phases I and 11 of this grant appl,vdtion are for additional telecommunications" Ifrastructure in support of expanding wireless services to businesses and are awaiting funding. Anticipating an award, construction would be completed by June 30,2017. Phase III of this grant application for additional telecommunications infrastructure in support of expanding fiber optic services to businesses is also awaiting funding. Anticipating a grant award, Phase III construction would be completed by November 30,2017. 4. Right of Way Phase: Is It Required? Yes __ _ No ~ Estimated Start Date: Not Applicable Estimated End Date: Not Applicable Please explain phase status (work already completed, in progress, awaiting funding, etc., and factors that may slow phase progress). Not required. All work will be in city rights of way or on city owned properties. 5. Construction Phase: Estimated Start Date: January 1, 2017 Estimated End Date: November 30; 2017 Please explain phase status (work already completed, in progress, awaiting funding, etc., and factors that may slow phase progress). The three proposed phases (wireless subscriber modules, wireless access points, and fiber optic connections to businesses) are awaiting funding. All project phases are construction ready, and are prepared to commence January 1, 2017. 6. Indicate if the project is consistent with the following applicable state, regional and local plans and prioritization processes: Overall Economic Development Plan -Officially Adopted: March 19; 2007 Comprehensive Land Use Plan -Officially Adopted: March 19, 2007 Capital Facility Plan -Officially Adopted: October 51 2015 0' Community Action Plan (or other community-based plan) -Officially Adopted _______ _ D Six-Year Transportation Improvement Plan -Officially Adopted, ____________ _ 0' Site-specific development plans; e.g., Community Master Plan -Officially Adopted, _____ _ 0' Other ______________ ___ 7. Explain how this infrastructure project has been coordinated, or will be coordinated with other jurisdictions, such as counties, cities, state/federal agencies, and with economic development organizations during planning, design, financing, construction andlor operation phases. This grant application is in accordance with the City's Economic Development Plan, Capital Facilities Plan, and the Comprehensive Plan, and also mirrors several of the planning goals included in Washington State's Growth Management Act as follows: 1. Urban Growth: "Encourages development in urban areas where adequate public facilities and services exist ... " 2. Economic Development: "Encourages economic development throughout the state that is consistent with adopted comprehensive plans, promotes economic opportunity for all citizens of the state ... " 3. Public Facilities and Services: "Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards." 4 Additional information about the Comprehensive Plan in support of this application is attached as Exhibit 5. The Ellensburg Business Development Authority has written a letter strongly encouraging the city to implement their fiber communications project, which is attached as Exhibit 3. The Northwest Open Access Network (NoaNet) has also written a letter strongly encouraging the city to implement all three phases of this grant application, which is attached as Exhibit 6. 8. Explain how the infrastructure project will help meet the economic development goals of your community and/or region. If this project is not done, will the anticipated private development still take place? The community lacks modern telecommunications infrastructure throughout the city. Businesses and citizens now consider high speed Internet access as an essential service . The community is very cost conscious and not interested in paying more for services, which creates a sizeable challenge since a large investment is new telecommunications infrastructure is required. Being centrally located in the state, Ellensburg has the potential to become an economic player. It just needs investment in telecommunications infrastructure that is entiCing to technology workers and businesses around the state. By having Gigabit connectivity we are telling commerce we are open for business . We are able to provide the infrastructure needed to companies that want a satellite office or have telecommuters, who would enjoy our quality of life. The proposal will greatly enhance these locations and should help entice economic growth to the area. Without these telecommunications infrastructure improvements we may remain a rest stop on the way to somewhere else. 9. Describe any feasibility or predevelopment studies that demonstrate the linkage between the proposed Distressed County Infrastructure improvements and the anticipated economic outcomes. The U.S. Commerce Department's National Telecommunications and Information Administration (NTIA) conducted a study that found increased economic output and higher levels of employment to previously underserved communities . Another impact was on the cost, faster connectivity for less money. For more information please refer to Exhibit 4. 10. Indicate if other needed infrastructure (e.g., sewer, water, power) is in place or if there is a plan for getting it in place. All of the other necessary electric and telecommunications utility infrastructure are in place . 11. Indicate the Estimated Number of Businesses Created/Retained by the Project. Four created /unknown retained Based on current vacant units in the incubator and the possibility of luring businesses to Ellensburg, creating four businesses seems conservative . 12. Indicated the Estimated Number of Jobs Created/Retained by the Project. retained Four created/unknown During the construction phase a minimum of 10 people will be employed , from a project lead, engineer, construction crew, and fiber splicers . Basing our estimation on small startups, or satellite offices, four businesses of three employees each seems reasonable. A total of 12 jobs are estimated to be created/retained by the project. Submit the original application to: Kittitas County Department of Public Works 411 N. Ruby, Suite #1 ElIensburg, W A 98926 5 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. s are met at the time of application . Signature of Agency Representative Typed or Printed Name Sponsoring Agency (If Applicable) Date Date Date Associate Economic Development Organization Notification The organization listed below has received notification of this project as demonstrated by the signature of the organization's representative. ~Llbj~~.n\;,Mn~ (J"{Jl11bcV or Ca..~U- ~ ~L~fl (~J4 ~U ~~4 ______ _ Date' I Kittitas County Department of Public Works Conceptual Approval Approval of the project feasibility, scope and estimated costs. Signature of Kittitas County DPW Representative Date Typed or Printed Name EXHIBIT 1A-Phase I Wireless Subscriber Modules o 900 1,800 3,600 Feet I , , , I , I 'I ne , Mapmylndia, © OpenStreetMap contributors, and the GIS U:I~I I,;OllllllUlIllY . .. """+ '. • City of Ellensburg Vicinity Map Phase 2 Project Location N EXHIBIT 1 B::.P.hase 11 @) Wireless Access Points ....... , ~ .,,,.~,,, ® • i i " " i @) @).~~" •• ~,".® @ Legend Type Grant Funded Wireless Access Point o 600 1,200 2,400 Feet I I I I I I I I I le, @) Future Wireless Access Point Ul;t!1 GUIIIIIIUIIIlY EXHIBIT 1 C-Phase III Fiber Optic Service Connections I' ! I I~' •• ~..,.. tll ... s- I 1 .. ... ","" ./ • \ \ City of Ellensburg Vicinity Map I 1 • i .... VII'II' ..... N A \ Legend o 700 1,400 2,800 Feet ' I I I I I I I I I apmytnd '" Fiber Optic Service Requests usel I;OlllfllUllll y Exhibit 2 Phase I Wireless Subscriber Modules Materials Installation Quantity Unit Charge 200 $110 200 $250 $72,000 Phase II Wireless Access Points Materials Installation Phase III Quantity Unit Charge 20 $1,250 20 $1,250 $50,000 Fiber Optic Service Connections Materials Installation Subtotal Materials and Installation Taxes Distressed County Funds Requested 15% Preliminary Engineering 10% Administrative Quantity Unit Charge 7 $3,000 7 $2,000 $35,000 $157,000 $12,560 $169,560 15% Engineering and Project Management $25,434 $16,956 $25,434 40% Local Government Match $67,824 Total $237,384 City of Ellensburg Council Members and Staff 501 N Anderson Street Ellensburg, WA 98926 E~ibit3 June 18, 2014 RE: Expansion of the City of Ellensburg Fiber Optic Plan Council Members, We applaud the initiative taken by the City Council to Install a fiber optic network within the city of Ellensburg. However, one consideration that the EBDA Board would like to bring to Council's attention Is the tremendous importance that fiber optic access now holds for economic development efforts. As Cathy Swlrbul of the American Power Association recently stated, "Today when a company considers expanding its business ... it assumes an area has access to high-speed broadband." Given this, the EBDA Board respectfully requests the City to consider potential changes to its flber optic plan to: 1) Consider wholesale marketing of fiber optic services for the private sector, 2) Investigate retail ISPs, 3) Ensure that fiber optic implementation puts Ellensburg in the most advantageous position possible for economic development, and at a minimum consider extending fiber optics to City- owned properties like the Incubator and Airport Building, 4) Explore the possible competitive position this initiative may place the City in with regard to Charter Communications. Your time and consideration are truly appreciated . Sincerely, David B Bowen Executive Director, EBDA Ellensburg Business Developmenl Authorily • 609 N. -111-~lail1 St .. EllellsbUrg, '1'1/\ 98926 • (S09) 962-72'1'1 Exhibit 4 Published on NTlA (htlp:l/www.nlia.doc .gov) ---------------._---------- Research Study Shows NTIA Broadband Grants Provided Billions in Economic Benefits Topics: • Broadband Technology Opportunities Program (1) • Grants (2) • Broadband (3) • Grants [4) FOR IMMEDIATE RELEASE: January 14, 2015 News Media Contact: Juliana Gruenwald, (202) 482-2145, jgruenwald@nUa.doc.gov [5] WASHINGTON -The U.S. Commerce Department's National Telecommunications and Information Administration (NTIA) released a new Independent rese'arch s tudy (6] today showing that its broadband granls program resulted in billions of dollars in economic benefits to the communities served, including increased economic output and higher levels of employment. The four-year study, prepared by the research firm ASR Analytics, examined the social and economic impacts of the $4 billion in Recovery Act grants awarded by NTIA to expand broadbilnd access and adoption across the country through the Broadband Technology Opportullilies Progra m I'll (STOP). In communities where grantees built new broadband infrastructure, broadband availabili ty grew by an estimilted 2 percent more than in communities not served by a broadband grantee. That growth could be expected to translate into increased economic output of as much as $21 billion annually, the report concluded. We've seen firsthand the transforming economic and societal impact that broadband has on communities ilcross the country," said Assistant Secretary of Commerce for Communications and Information and NTIA Administrator Lawrence E. Strickling. "The study released today captures only an early picture of the economic impact of our broadband grants. As more and more providers take advantage of Recovery Act-funded networks, we fully anticipate that the impact will be even greater." NTIA is at the forefront of federal efforts to ensure that all Americans share in the promise and potential of the digital economy. NTIA today also unveiled its Broadband USA [8) Initiative aimed at finding new ways to assist communities seeking to build their broadband capacity to advance economic development. NTIA contracted with ASR Analytics to provide an indenenclep l assessme nl [91 of the social and economic impacts of BTOP. ASR Analytics' final report summarizes and synthesizes the findings of 42 separate case study reports, two interim reports, and a short-term economic impacts report. In conducting its review, ASR conducted 42 site visits with 27 different STOP grantees between July 2011 and November 2013. Exhibit 4 Key findings of ASR's final report include : • On ·average, in only two year~, STOP grant communities experie nced an estim ated 2 perc ent greater growth In broadband availability than non~granl COfTHlluttlties, which Is estimated to generate Increased annual econom ic acttvlty of between $5 .17 billion and $21 bill ion . • The additional broad band infrastructure provided by STOP could be expected to create more than 22,000 long-term jobs and generate more th an $1 billion In addlllonal house hold Income each yea r, • Community anchor institutions, like schools an d libraries , served by STOP infrastructure gran tees In the sample experienced significantly increa sed speeds and lower costs . As an examp le, Ihe med ,an price paid by libraries in the sample was $2 33 megabils·pe r·second (mbps)fmon th before STOP , at a median speed of 3 mbps. As a result of th e grant . the median pri ce oropped to $15 mbps/month and median speed increased to 20 mbps . Un der Ihe STOP program, NTIA awarded 233 grants benefitting every slate, as well as nve territ ories and the Distflcl of Col!Jmb ia, to build network infra structure, establish public cO ITlPute r centers, and dev.elop digital literacy training to expand broadban d ad optio n. To dale, B170P grantees have buil t or upgraded more than 11 3,0.00 miles or fiber and COnnected nearly 25,000 community anchor institutions. BTOP grantees also have established or upgraded 310.00 public computer centers, delivered more than four million training hours and helped roughly 735.0.0 0. hou seholds sign up for broadband. About NTIA NTIA, part or the U.S. De par1menlof Commerce, is the Executive Bra ch agency that advises the PreSident on telecommunications and information policy iss.ues . N l A's progra ms and pol icy making focus largely on expanding broadband In terne l ac cess and adopli(:>n In' America, expanding the use o f spectrum by all users, ar:\S ensuring Ihallhe Internel remains an engine for conlinued mno v8'lion and economic growlh . ### NalioQal Telecommunications and In formation Adm in islra\lon 1401 Constitution Ave., NW Wash Ing ton, DC 20230 comrnerce·.qov I Pdvacy Policy I Web Poli ci es I FOIA I Accessl bility I usa.qov -----------_._. __ .- Sou ree U RL: ht1o:lJwww.nUa .doc.gov/press-releaseIZO 15lres.earch -st udy-sho ws-ntia- broadba nd -grants-pro vid ed-bi lIlo ns-econo mi c-bene fits Links: [1] http://www.ntia.doc.gov/category/broadband-technology-opportunities-program [2] http://www.ntia.doc.gov/category/grants-O [3] http ://www .ntia .doc.gov/category/broadband [4] http://www.ntia.doc.gov/category/grants [5] mailto:jgruenwald@ntia.doc.gov [6] http://lNWW . ntia. doc.gov/files/n tia/publications/asr _fina I_repo rt . pdf [7] http://www2.ntia.doc.gov/ [8] https:llwww2.ntia.doc.gov/new_BroadbandUSA_lnitiative [9] http ://'vV'vvw.ntia.doc.gov/report/2015/asr-analytics-reports-and-case-studies Exhibit 5 Ellensburg Comprehensive Plan -2006 Update (Mlenued Ihru 2014) Tourist Commercial (TC) -Tourist Commerria( lunJ is intenJ~J 10 servl' the needs of Ihp truveling publk, offering al"l·ommoddtilln, dining, fu!?1 and other reldteJ Idnd uses. II also permits professiondl (l((jn~s. It is not considered Cl generu! r~lail use anJ shoul,1 not providl' for relailldnd uses [h,lt dir~l"tl)' compt'te with Ihose permiltPd in olher l"Ommerdal distrirls . l.lgfz.l: 1n4.us~ {LQ -nIl' rruhJtar hl1 dtlSl&n.J\fnn i~ inh'I\J ~d 10 proV idl' lor Ill£' (H',IUOn o(IO\.'ill lo!~ In ol m;1fIn~r rllrisili lpn' with Ihl'duJnl~lcr of !ht, ~M'mUl\lty , 'J"hll tyres of u~ ~mlllt ,I in this d lst rkt WOU /I! \11.' lI~ht IndU~h'I .. lln n.llure, pro yl Lllng t>nlpl oyl1U!nl In D l'Oo.1"o l1 ull ng n'.IMcr dnll m nlrhW nj\ trdf(I~.lllli se • .n ir I'Ollutinn lInulightlng Imr,lctS '(In neorl->y pr Of"'rLl c.~ "nd 11Il' 101."81 drc ul dlllln $)'fi lenl . Heavy Industrial (HI) -The indus lri ,ll deslgntltion is Inl l'nd~d 10 prn vhi e (or lh~ (teation of loral jom and other local eronomh: nctivlty in n manner \'\\n.~islc nl wllh th~ character I1f 1nl' co mmunity . 1"hl' !Y\,\,s (If us es pl'rmill"d in this ills trk-t wd uhl lie &f'I1oru l lndu$trlnl In nlllul1I.I'tllviJins l'"'r'oyn\~nlln ll" non1'oliutinl1 mllllIl('f os (N sib le ond .n,lnlrnizing Ir~ffk.lloJsc.llir rollLlt in n ~n" lightin g imrAl·ls on n why r r\l['l!tll ~ amll},!' 1'1<'i11 dn:ululilIO ,ysb·nl. nu:sinenOff"lre t>.n:k tlIOP.~ -This dl'stgn.lliun i. intpnd~j to uc,·onllJlodalr n mix or ,!I(f.:ellnd Ill:ht In Uustry, ri1M(l cteri,oC,t by low n\lls~ onLl air qu.lht y emissiuns. Uses in Ihi s .\islricl nli l;hllndud ··sMft-up "l.lI1ufu(lurll1l:. rt'~t'lll\·h and \le\'C'.inpment or sm,lll- s.\"II~ lY<lr oho Il Sinll_ IndU5trl~ Resid Ul1tial (lR) -This deSignation is inten,ll'd 10 I'('(wid,' fo r 1Y1'I1-dl~signed, nlixed-usl' ,'r(\II',1S that ,·reil l,-~nlil ll-snll .. \"Iusinl'Ss-p nrll ~nVirOl1m l·n.lS ~U (tilt>l~ for I"l'sidentiClI and lighl il1l1uslri~1 uses. Publi!1lh $tl tutionaJ (l'£) ~ Pulilk .1n,llnsU lt ll 1111.11 uSl.'s,-lnlludinl! ho ~r il 'll s, tll',llnl\'lIl \·"J't~rs; dly oUkes. lidllllll~. (l"r\;.", ,lOll dlu tl"l l l~ 1'\ll'lIrlll~ U,Is 111011 u.~t' ,1,'S\~naIlM, th ~ 1.I,'s illnlll hll\ is arp llrd 1(\ PM(l'is of 1,\0,1 J)\\\Y OWl1<'d by \'Iulll", (If prtvll U' ('o\Uj,·~ ~ml iW IImill'!.! to 01''''' ~1"11:" (If In~Ul lltfl\llIi lll '. h $h(l u l~ 1,.. nO\i!\I. hOIV~vrr, Ihu s \J~h PuH I</lll:\litutional us<'S O1"Y (lVI', lime ccas\? on swh rrol~rli'~ Im d iI i \lOl ll l'xf'\'·tI,1 "od ,1 pl ">(0I'r i<lll' for r.u<'h f!r\~~II~~ to b,' Dbl~ to rr~e r l I .. ,,·\: 10 nlln -puhl k/inslilllt lun.i l us~s in .. mmUll'r Ihdl mjnimiz~", imp.lets to thl' surrounding m'ighbllrhllod or dl'vl'lopnwnl r"tll'rn. Opcn SpilCC (OS) -n,r open spoll·e design,Hion ,'ppli,'~ to l.nge lrnds of undpvrlorl'd or undl'l'l'l"p,lhle I,md l'"dinlt"ll to r~ltl·"ti{ln or its n~tural c\lndition. It should he notpd, ho\V~v('f, th"t ovpr time Ihl'l"~ OMy I .. , a nel'J for such or ~'n Sp,Il·P USl'S to (l',lSI' on such rn)pNtil's and it is both l'~rL'I:!l'd and uppropri.lll' for such rillp,'rlies III I ..... abll' III n~"NI Chapter 4 -Land Use so Exhibit 5 EUensburg Comprehensive Plan -2006 Updote (Amended Th", 20141 bl'hind them in thl' sit~ seleLtipn process, Th~ Sl~tl' off~rs il num!'ler of im'entivl'S but also proviMs th" ilbillty lor localllovemmenl 10 o(f~r ilddilion.ll in.:entiVl'$, Kittit(L~ County L, ilt J distim't llis~Jvanlilge ne.:aus(' It lad(s ,1 Pori Distrkt 10 provide fundiog and infrastrurture, 111t' Cily shoulll ronslder ('stablishing inl'~nliv~s 10 r~tain existing and ~ttm(1 new businl's91's thilt rwvide (,lmily wag'" jobs, ~rgc;an stimul~b,'ID"'oll ('<'onomk dI..'VIlTPrml'lII SUI'l:t>S..<e5 br t'lIIulolting \hI' 5tidt~~j~.s ~o.l in othl'r l'(lmmunili~, lllak~s work . but the following steps ~un help the .:pmmunHy Improve Its l'hi1nres lor pCllsperity: F1s:ure 8..1 -Reo(l~veJorln~ the dm'o'nlown COrt' dS 11 nN""". ~t.rtJ1lunt'(\t ... n .. , '''MU ~fJ lh"l tfnn mlS)' lu.'lr tll"lwlll t" .,..I N n l or W l\l ttUllU~ttlJ rrur«'rU~$ \V il liln ll,if' .CCl aIT.,1 Comuw o::i.ll Jo.nl .... (t#IIl$t 't~,-.rn1 Tl j",(r~·jr rr', ""t(4 11,1 11 n fuc~ M!'W·ngthl.rung and d",'ersii)int; till' tv.:.d 1'(\'ItI)my nnd meeting dem"nstnlt~d market d('m.lnll; for elh1mple. by enl'ouraging ndditiomll retail business f'rollUlk'l!ll' r"~nlinl~,md (o'q'dPl.>loll u£ N<;tlng bu~DL'S~"s En~oul'i.~and nurtu~ new I;ousinl'$ dllvl'!o}'ml'nlQF 1111 m('<; Cre(\ll~ I-.;onomil' incl'ntiVl's to rt'duce SI<1rI-ur (osts ~nd/or risks (or husln"~~l'$ th~1 provide larnily-wag~ jllbs Pre-pl'nnit rrop~rly to r~dur~ timl' fur i1 bu~iMSS to bl! up .1nLl running SU1'r1111 iru\OI·dln'.t{'C(ll'\~olm.: ta .IR'l'!llpa hi!',h!y qu.llttll",t 1olZ"" (om;' Stimulatl' industrial Jevelopml'nt thrpugh public inwslml'nl Cr~ull' a pl'rlllitling P((l(l'SS Ih,lt is prPllirlablt' and dfkil'nl Ch o pler 8 -Economic Development 179 Exhibit 6 June 10, 2015 UndaGotl President of the Board John Akers Ernle Bolz City Manager Vi ce President of the Board. f II b John Jordan Secretary of the Board Lloyd Berg Director Rick Dunn Director Wayne King Director DougMlller Director Fred Milchell Director Don Queen Director Roger Wrlght Director Greg L. Marney Chief Executive Officer Dave Spencer Chief Operat ing Oflicer Wllllam R. J<opp ChiefTechnical Officer Mike Henson ChiefSecurily Offi cer City 0 E ens urg 501 North Anderson Street Ellensburg, WA 98926 RE: Kittitas Coun ty Distresse d Cou nty Sales an d Use Tax Grant Application Dear Mr. Akers, On behalf of the Northwest Open Access Network (NoaNet), please accept this letter of support for your grant application. We understand that the City is in the process of designing a wireless network that is anticipated to be constructed by the end of this year. A wireless network is a very affordable way to provide a community access to NoaNet's high speed Internet. However, as you are aware the cost of the subscriber module (similar to the cost of a DSL or cable modem) is often times a hurdle for customers to subscribe. There will also likely be additional needs for wireless access points that will become evident after the project is complete. Seeking a grant to offset the customer's cost of connecting to the wireless network, and for the cost of additional wireless access pOints are excellent economic development opportunities. I also understand that the cost of fiber optic network connections has proven to be a hurdle for many Ellensburg business customers. Seeking a grant to offset the cost of fiber optic connections for businesses that require the higher bandwidth and reliability the City's fiber optic network provides is a superior economic development opportunity. For both residential and business users, by securing a grant to reduce the operating costs of the network, the City would be able to provide connections at a lower rate to subscribers which will increase the number of users and increase the opportunity for economic development within Ellensburg through broadband access. The City and NoaNet having been cooperating on telecommunications during the last two years, and we were successful securing the City's business earlier this year for Internet access for resale . The City has successfully completed its construction of its fiber optic network, and now has a redundant fiber optic connection to our Ellensburg point-of-presence. The last mile redundancy in the City's network in conjunction with our regional redundancy to the Seattle and Portland Internet exchanges provides a superior connection to the world. Financi al address : 7195 Wagner Way, Suite 104 , Gig Harbor, WA 98335. Business address: 5802 Overlook Ave NE, Tacoma, WA 98422 Telephone : 206.219 .3640. cellular: 509.669 .1742 • e-mail: gmtll'lll!y<filn081lIlt.oct . www.noanet.net Unda Got! President of the Board ---NI. NOilNet According to a recent study by the National Tel ecomm u nicati ons & Infra structllre Admin istrat ion, for each $1 invested in new broadband infrastructure there was an increased economic output of about $5. We urge you to support the City's grant [rnle Bolz application in support of local economic development efforts. Vice President of the Board John Jordan Secretary of the Board Lloyd 8erg Director Rick Ounn Director Wayne King Director Ooug Miller Director Fred Mltchell Director Don Queen Director Roger Wrlght Director Greg L. Marney Chief Executive Officer Oa ve Spencer Chief Operating Officer WiIIlam R. Kopp Chief Technical Officer Mike Henson Chief Security Officer Please feel free to call on me if you have any questions. Sincerely, Tom Villani Government & Public Services NoaNet 2002 Wood ridge St . Wenatchee, WA 98801 Financial address: 7195 Wagner Way, Suite 104. Gig Harbor, WA 98335 • Business address: 5802 Overlook A ve NE, Tacoma, W A 98422 Telephone: 206.219.3640 -cellular: 509 .669.1742 • e-mail: gl1lnrllcycqmonne.l.nel -www .noanet.net