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HomeMy WebLinkAboutRes-2018-176 Distressed Sales and use Tax CoCBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO: 2018-_c7 lp RESOLUTION TO APPROVE THE 2019 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 2019 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, 2019; and NOW, THEREFORE BE IT RESOLVED: The Kittitas County Board of County Commissioners hereby approves the attached 2019 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement with the Kittitas County Chamber of Commerce. ADOPTED this 20th day of November, 2018. -tOt:&-e ~ Obie O'Brien, Vice-Chairman 2019 DISTRESSED COUNTY SALES AND USE TAX INFRASTRUCTURE IMPROVEMENT PROGRAM AGREEMENT BETWEEN KITTITAS COUNTY AND KITTITAS COUNTY CHAMBER OF COMMERCE This Contract, dated NQ\/X!,Vn,~ Z.'P , 2018 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 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 ag rees 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 County Public Works Attn: Joyce White 411 North Ruby, -Suite 1 Ellensburg, WA 98926 joyce . wh it e@ co . k ittitas . 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 County 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 , - Pagel 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, Indem n ity , 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 Page3 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 Page4 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 COUNTY COMMISSIONERS " Obie O'Brien, Vice-Chair l ~~ ✓,~ ----- Cory Wright, Commissioner APPROVED AS TO FORM : Deputy Prosecuting Attorney KITTITAS COUNTY CHAMBER OF COMMERCE Representative Address Telephone Dated : __ I _D /_'J-_{tj.__l g __ _ Distressed County Sales and Use Tax Infrastructure Improvement Program:Funding Agreement Page6 CHAMBERof COMMERCE July 9, 2018 Kittitas County Department of Public Works Distressed County Sales and Use Tax Gmnt Program 411 N. Ruby St., Ste #1 Ellensburg, WA 98926 JUL 1 3 2013 KlTfff AS COUNTY DEPT OF POSUC WORKS 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 WA 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 the Yakima and Kittitas Counties Regional Comprehensive Economic Development Plan • Attachment G -Excerpts from the 2009 T.LP 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. i ,~ obo'vski of Economic Advancement 609 N MAIN STREET I ELLENSBURG, WA 98926 I OFFICE: 509-925-2002 I TOU FREE: 888-925-2204 I FAX: 509-962-6148 lnfo@klttltascountychamber.com I www.klttitascountychamber.com KlttJtas County Department of Public Works DISTRESSED COUNTY SALES AND USE TAX APPLICATION FOR ECONOMIC DEVELOPMENT OFFICE PERSONNEL The Dlatreaaed County Salea and Uae Tax supporllll improvements t.o lnfrutructure ayatema that foster economic development In Klttltaa County n well as providing funding for personnel In economic ct.velopment offices. The goal la to create economic opportunity through local lnvaatment. APPLICANT INFORMATION Appllc•nt: KiUitu County Chamber of Commerce Conuct Nam,: Lama Bobovaki, nm,ctor of Economic Advmcmncot Addrna: 609NMainSt Address: City: Bllcnabn,:g WA Zip: WA.98926 -------------Telephone: 509-925-2002 FAX: E-mall AddNN: Laora@kitlitucountyybamber.(X)m Office Location: Bllmsbmg Juriedictlon Population: 46,205 Funds Request: Staffmg for economic ckvelopment department providing usiatmJCc to startups, existing or exp1mding bnaibcsaes including busin.eu recruitment and relocation to Kittitu County. APPLICATION THRESHOLDS Applicant Requirement: Check~ff: [I 1. The mqueat Is to provide funding for personnel In an economic development office In Klttltn County. 2. Dlstreued County funds are not being subatltuled for other funds that are already 81CUrecl. Cl 3. Applicant hn submitted only one appllcallon this round. IX 4. The local/regional economic development organization has been Informed of this request. 5 Proposed Budget: Funding Sources Distressed County Funds Request: *Other Funding Sources: Federal (Jist sources): __ _ State (list sources): WA State Department of (:!ommerce Local Government (list sources): Municipal Lodging Tu and Tourllm FUlldJ Other (list sources): ___ _ Member Dues, Program Sales and Eventl Project Total: Amounts $92,000 539,233 $1,335,813 **Distressed County Fund Matching Ratio: ___ ,_a_.1_1 % __ Funding Secured? yes€3 yes/no lyes t no lyes tno I yeslt no *Note: You must include documentation for all other funding sources listed (i.e. grant requests, award letter notifications, legislative resolutions, etc.). ••Note: Your Dist1·essed County Fund matching ratio must be at least or greater than JO% in order to qualify for funding consideration. The COG will not consider any requests which do not provide at least 10"/4 matching.funds from a laca/ source. Teit 6 PROJECT NARRATIVE 1. Requaat De•crlptlon: Plea•• describe the work thla position wlll perform. lnclUde • Job description and any other pertinent infonn•tlon. These funds will be used to help fond staffing for the Kittitas County Chamber of Commerce Economic Development Depat1mcnt The ~ functions of the department are to provide assistance to the businesses at are looking to locate within the county, to provide assistance to those businesses already doing business here, and to assist individuals who are looking to start a new business. The department also tracb and maintains information pertinmit to the business community such as inc.entives. grants and demographics. Multiple staff members share responsibilities to support and accomplish these functions and taaks. The funds requested will a.tao support staffing, management and oparation of the two Catalyst Co--working Spaces. 2. I• this a new poe-illon for your organization? If ao, pleue d•crlbe why thl8 poaltlon la needed, If not, why I• It • nec,aary for this fund to continue to •upport th .. poaltion? The positions and related support staffing descn"bed above currently exist, but are not fully funded 1hrough other revenue sources. The Kittitas County Chamber of Commerce is the only county-wide organization offering businesses technical assistance, aasistance with site selection as well as business start-up assistance. As the County's designated Associate Development Organization we maintain an inventmy of business resources, track incentives, make business referrals to the State and Federal Dcpar:tments of Commerce and are respoDSl'blc for reporting all activity to the State Dept. of Commerce. We regularly conduct surveys with local bUBincues to keep up with loeal trenda and uncover barriers that inln'bit economic vitality. 3. WIU your organization be capable of •upportlng tbl• position In the future Without support from this fund? PleaH dncrlbe ~our pJln and Include target d_. for fmpiementatlon and compktUon. If no plan 18 cumHtHy In place and/or no plans ere being made, plene e.xpl•ln 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 Wuhiogton Sate Legislature realized this and provided a provision in RCW 82.14.370 section 3 c (ili") to fund an "economic development office''. The legislature also recogniz.ed the importance of consultiQg with a local authority on economic development in making the decisions for use of these funds in RCW 82.14.370 section b "In implementing this section, the count shall consult with cities. towns, and port dirtricts located within the county an the 8880Ciate dcveloptnent organization serving the county to ensure that the expenditure meets the goals of chapter 130, Laws of2004 and the requirements of (a) of this IIUbscction." (Please see Attachment A for remainder of answer) 4. WIii this position Hl'VS the needs and/or lnternts of multiple Jurisdictions andlor organizations? Please explaln In detail. Yes, we work throughout all of Kittitas oounty and with all of the municipalities. We are cmrently worldng elosely with the State Department of Commerce on multiple site location requests, local business assistance and fonding opportunities. Thnlllgh our bUBiness retention and start-up efforts we provided assistance to 15 businesses that were looking to located within Bastem Washington and conducted 6 site visits. By conducting surveys and hosting industiy roundtables we have been able to identify some of the issues facing our businesses and channel them to the appropriate city, county or state entify. We continue our partnerships with the local municipalities, Central Washington University, the FJlensburg Downt.own.Association, Cle Blum Downtown Association, SBDC and the Yakima Dewlopmcnt Association with projects like Cle Elum Main Street and master plan, the Enterprise Challenge Business PJan Competition and small business incubation through the Cataylst Co-working Spaces. 7 5. What goals and dellverabln have you set 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 propoHd poaltlon I• conalstent with the following applicable 1tata, regtonal and local pl1na and ptiortUn for economJc. development. Plea•e Include the pertinent .. ctf ons of th1 rNpectlv• plan(•) a Justtffcatton, Pfeaee explain In detall how this poeHlon la compatible wfth the plan(•t: II Overall Economic Development Plan -Offlcfally Adopted Jan. 19. 2016 K.C BOCC • Community Action Plan (or other community-baaed plan) -Otflclally Adopted _____ _ other 2009 TIP Strategies Report 7. How will this pa.ltlon meet the economic development .aoala of the County and region? The staff menibers supported by 11:rls fimding will continue to work on the implementation of the Kittitas County Chamber of Commerce's comprehensive economic development strategy (CEDS) which has been adopwd 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 county involvement phase of the CEDS. 8 8. Dncribe any reeoarch your organization h•• conducted which ahowa th• need for this poaltlon. Pleat Include the data upon which your cfallna are baaed for our review. A 2009 analysis prepared by T.LP. Strategies of Austin, Texas concluded that IIUCCeS8ful economic development efforts in the CO\Dlty would require double the current mffing, or 4 fbll-timc positions. If anything, that need is even greater today. Business assistance at 1he local level has always been critic-1, which is why the State Department of Commerce established the ADO designation and the Federal Economic Development Administration formed F.conomic Development Dimicts. Another Kittitu County Economic Impact Analysis was completed by Hebert Research Inc. in Septmnbe:r of 2010. Both studies reached similar conclusions in that the most effective form of business assistance comes from local sources that 'Understand the business mmronment and know the local dcv:elopment and business regulations. Submit the original application to: Kittitas County Department of Public Works 411 N. Ruby, Suite #1 Ellensburg,WA 98926 9 Applicant Certification Certification is hereby given that the infonnation provided is accurate and the applicable attaclnncnts are complete and included as part of the application package. lion thresholds 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 haa received notification of this application as demonstrated by the signature of the organization'• representative. Kittitas County Chamber of Commerce Date Kittitam County Department of Publk Works Receipt of Application Signature of Kittitas County DPW Representative Date Typed or Printed Name 10 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS DISTRESSED COUNTY INFRASTRUCTIJRE IMPROVEMENT PROGRAM APPLICATION DUE DATES FV2019 Distressed County Sales and Use Tax Application for Economic Development Office PersoMel: Applicants are invited to appear at the COG meeting when the project's criteria is reviewed. APPLICATIONS DUE COG MEETING DA TES 2019 Application due Date COGMeetinu July 13, 2018 .............................................................................. August 2018 COG Meeti.n1 ••Funding available January 1, 2019 II Attachment A (Continued answers to questions) Question 3 cont.: Over the past biennium we have seen continued cut backs in both State and Federal fundins for economic development. During this time the Center for Economic Development was eliminated along with all of our reslonal 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 SBDC 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 stl'engthen businesses throughout Kittitas County. By creating more efficiencies and looking regi01,ally 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 HAR 13 2017 STATE OF WASHINGTON 1st_){ ;:_:!Ci.}(. .. ::~:-d}.(. DEPARTMENT OF COMMERCE ,.:·;,;:.,;;.::'.:,i!YW.•~·:;H ,1 :,: •. ::i :,;·,. 1011 Plum Street SE• PO Box 42525 • Olympia, Washin,too 98S04-2525 • (360) 72S-4000 t4-a'f' www.commerce.wa.gov March 9, 2017 The Honorable Paul Jewell, Chair Kittitas County Board of Commissioners 205 W 5th Avenue, Suite 108 Ellensburg, WA 98926-2887 RE: Action Reque~ by May 15, 2017 Dear Commissioner J~I: Every two years, the Department. of Commerce begins the process of contracting with Associate Development Organizations (ADOs) by sending a letter 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 incre~se the support for and coordination of community and economic development services in communities or regional areas. As part of the contracting process, please complete the enclosed ADO Certification/Designation Form for the 2017-2019 biennium, returning to Commerce by May 15, 2017 . Your county can choose to re-designate the current ADO or make a new designation. Please provide documentation of the County executive or goveming body's action designating the identified orgenlzatlon as the ADO. If you have any questions or need assistance feel free to contact me at (360) 725-4187 or email ado@commerce.wa.gov. Thank you for your consideration in helping to move the contracting process forward. I look forward to working with our ADO partners during the next biennium. i(~{!~ Kathy Carlson ADO Contracts Coordinator Office of Economic Development & Competitiveness Enclosure cc: Kittitas County Chamber of Commerce @~11 Associate Development Organization Cerlificatlon/DeslgnaUon Form (For use by County officials.) affinns/ ~ignates the \u++i~ lq. lYl/.U),br:,c,: (Name of ADO) fl mtflerGe as the Associate Development Organization to coordinate economic development services for the. county under contract with the Washington State Department of Commerce. Consistent with statutory re~nts: 1. ~ The prospective ADO is a non-profit organization. • 2. 3. 4. OR A public entity that has formed en authority or committee wl_th full c:,peratlng ~uthority to carry out the duties of the ADO. It is important to recognize that this group would have its own authority and budget, not just the power to recommend actions/plans/expenses. Economic development is the primary mission of the pn;,spective ADO, and not Ju.st 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~laws. 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 under contract with Commerce to carryout wort< activities as detailed in RCW 43.330.080 This designation is effective on the date signed below, and shall remain in effect for the 2017~ 2019 biennium. Please provide documentation of the County executive or governing bod ' on designating the above--identifled organization as the ADO. · g Print Name ~ .. ---,~ea:~ t1/ a1'""11 · Datef I PLEASE SUBMIT THIS FORM AND DOCUMENTATION TO: Kathy Carlson, Contracts Coordinator Office of Economic Development and Competitiveness Washington State Department of Comme~ Post Office Box 42525 Olympia, WA 98504-2525 360-725--4187 new 43.330.oao Coordlmatlon of community •• economic development Hrvicee - Contntcta with county.de•I nated a .. ociate • opment organization -Scope of nrvlCN -Buslflen mces lnllnlne. (1)(a) The ~r\t mu.a conbad with~ auociate devalopmad o,Plf;ralrans to incrwe ~ 11,flJOft for and coordrNllion d oomnv1'ty and economic de\4l!lfop'lln ..vtca In COIMUlffln or regional arvu. The carndq, organlzationl in NCh ~ orraglonll llfN must: (J) Be bn>acly rep,aee,.Uve d comm&nly and economic lolerestl; (Ii) Be C:8J18b1e ~identifying kB)' ecorl0f11ic lr1d oommunffy developmem.pa,llma,~ a,ipropriafe IOlulJDns, Sid motitlizq broad 81.f)POft for racomrnendlld lnltlaCiYel; (Iii) Work dDl8'y wHh lhe depat1rnant IO carry out ltae&-ldenUfied economic~ pno,Wes; (fv) ~ wtth 111d indude focal govemnenta, focaJ ddfibe.8 d COl'M'llln», ~ dlrtflopnient coundls, pOft _lncbs, llbof-c,oups, nititution& d hJgher' educa.lon, ~ 8CIJon programtt, and other .apprqrilltB piv818, pubUc, or h~ COIMU1ity and eoonomic~ ~; and (v) Meet and ahare best practlcu with olher aaoaate deveklpmfJnt organlmble at at two tJmes each year. (b) The scope of ll8MC8S deMred under the contracls requited in (a) of lhil IUblection must Jndude two broad ... of wane: {IJ Diect 891'8fance, includJng bueinesa plamlng, to companfaa thr'oL!ghcxt the COtl1ly who need atippOlt to atay ln buafneu, e,cpand, or refocale to~ from out d etlte orolher COtRies . Aslfurlce nut coq,ly with busfnels ~ and 19lention piotouola 8ll8bllahed In RCW 43 ,330,082. and Includes: (A) W:¥tdr'lg Wfttl the IIA>f'OPll8le partners ttvoughol,ff the COLllty ~. but not lmrted to, local ge,vemme,o, woMorce development coundle, port chfric::ts, COfMU1ICy and ·technlcaJ colegN and highereooeallon "1ltltutiona, e>rport ..... PfO\lldn, (qMICt ~ lhe w.,._,,ltare quaity awad COU1CI. 1111811 bu8inNs eNilfal1De pR)IJMl&, Innovation pemel'lhlp20n11, and other fedei111, ~. and~ pn,gra,ns to fadaale 1he ~•nent d plalnJno 4iffor1I and th& INmJeu deliw,y of bUlrnea1 ~ Nt'YiCee within the er111f8 COLl1ty, · (8) Pro~ lnfonnalion on 11ale and local f)9ffllittlng procenes, tax iuuet, 8J(J>Ort asriatln:e, and OCher Nlfflial ~ tor operating, &JIPfl'ldnQ, or locating a buslnw In Wlllthington; {C) ~ Wahington and local ... u eccelfent kM:ations to a,cpand or 1'81oc:ae • bulnas and posltlclrtq Wash!rvtOn • a globalJy ~ pace to grow business, whJch may indude dBveloping and execulng n,g1ona1 plane to attract cooipa,riN from out of 8',afe; (D) Working wfth bualneaael on Bite location and selection assi81ance; (E) provfding bulfnNs ~ and e,g>ansfon servJcea throughout Ile COl81ty. Such MJViCes fflUlf fnclude, Id ant not limited to, bullnesa OtAreach and monitoring efforta to Identify• adcnes chllkqa Md oppo,tunlUes faced by bulinesaes, asalatance to trade rn.,acted bu9:li1es8IIII in~ for grara from the f'ed4QI trade adjuatment aasittance for ffnns program, and the pn,ylslon of Wonnaflon to bu&~s OA; (f) Resources avaDable for microenterpr111 deveJopmant; (II} Resources available on the f8Vifalization of commarcJat dJalrictl; and (Ill) The opportunlly IO maintain jobs through shared work programs auttlorimd under dllpter &§Q RCW; (f) ParUdpat;ng Jn ecooomlc development syatem-wtde disaasionl ~ gap, In buainea atart- asels1ance low...~--up ... ._ ... ..,....., (G) ProYiding or facllCaling the provf9ion of -,.,prt auJstance ttrous,, W'Olklhope or~ 818ia1anee;and (H) Using e web-baaed Information system to track data on buefneS8 recnitmlnt, retention, -n11on and trade; and --I (ii) s"""°" tor n,gional 9COnOfflie f8SIMlrCh and~ p1anng efbtl co in"'8meffl &aroet ndul!ly 88dor iCIBteQie& and other eca,omlc ~ alrlUQiN, inckdno dulter-bMINI lhtegfal. RaNerch and pining effM8 should~ in01H11Nd Mno anc:fada and lrimeued rtnv, clf'ecl fnveetment, ~ bs aligned wllh th& alala wide economic devaqJmn ltnllegy. Regional 811Callte deveJopment o,ganir.tltionl retain their lndependenoe k, acfdl881 kal conoams Rf-goals. ACltvftlN include: (A) Psticipadng in rwglonal planning effof1s wffh wortcfm:e dlMtJopment couda invoMng coordinated ltralBgiea aroWJd WOf1lforlle d8Velopment and eccnomJc dlr..topment pollclN,m p-ogqvna. Coonlnated plannlrw effot1a nut fndude, but not be flmH9d to, 88IJltanoe to inm.lltJy d""'8rl ii lhe region; (8) PartidpaOng Wilh 1he nde boa'd for communHy Md fecf1nlcal c:o8egN • cnaed fn RCW 288.60,050. end.,., comnuvty and ted1nlcaJ college$ In lhe ooordn8tfori O,(hejob akll11n1Jn1~ progiWn ~ the customjz8d balni1g program wtlhln,.. region; (C} ColJacti~ ~reporting .. as .,,.,afied by the canbacl wflh the depm1menl for~ .S)'Slemic analyals. The dlpertrnn muat cxnutt with the Vt"athlragtan etate ecoronlc dewlopn•• <:OfflA1lufon m theemabffltment of such unWann data es It "'8ded locondud ·• ltat8wfde 8yatemlc an ... d the lfat8'e eoononNc ~ p,ograma and a,cpendft&ns. In coopenitlan wlh oiler' roca,, regional, and stala plan,q efforts, conbacttng OfVl'1IDtions ~ proyfde Insight lnlo lhe rlNdl o,tqet inlUlry dullara, bullnel8 mcpanslon pfanl, Nrfy detecllon rA potential relocellof1I 01 tayoffal, lnlfl1ng needs. and other appn:iprialB eccinomlc infonnalJoo; (D) In~ with olher goverrmenCal juriadkltions and rn.tllutlonl, pa1idpate fpatdpati~tn the de'l/elopmllnt of a oounlywlde economfc dewfopment pJan, conslSl9nt with the lfllt8 ~we p1an for economic developnJent developed by the W8ehlnglon atate econom6c developnw,t cornmfalon. (2) The depaitment mu1t provide bu811181a Nrvf081 training to the conndfng oratnmtlonl, including but not UmHed to: (a) Tnmlng in the foodamentaf• d export 88sfstance and the servlca8 evaif_. from private and public export 889istanoe provfdefs in the state; and (b) TraJnrng In the provl.lion of business l'&t9nllon and e,cpan1ion services u required by 8Ubsection (1)(b){i)(E) of th;s eection . (2012 c 195 § 1; 2011 c286 §2; 2009 c 151 § 10; 2007 c2•9§2; 1997 c60§ 1; 1993 c280 § 11.J Attachment C PROFESSIONAL SERVICES AGREEMENT This Agreement dated as of January-1, 2018 is made by and between Kittitas County (hereinafter "the County") and Kittitas County Chamber of Commerce (hereinafter ''Contractor'). The County a_nd 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 181 day of January, 2018, and end on the 31 st Day of December 2018. 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 sighing 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 ~~ITNESS WHEREOF, the parties have executed this Agreement this ~ay of v-j018. APPROVED: Kittitas County Chamber of Commerce Sign~ (Date ~ /:h {"le> r.o ( ~ Contractor Address: Kittitas County Chamber of Commerce 609 North Main Street Ellensburg, WA 98926 Professional Services Agreement Page2 BOARD OF COUNlY COMMISSIONERS KITT S COUNTY, WASHINGTON Attest: 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 Page3 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. Perfonnance 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 Perfon:nance: 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 "Additional lnsured'sn 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 "B". Where Exhibit "B" 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 eamed, including where ~ppropriate, 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 "B" 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 Page4 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 1'8 11 • 6. Assignment and Subcontracting: No portion of this Agreement may be assigned or subcontracted to any other individual, firm 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 afl 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 11B" and the Contractor is not entitled to any County benefits Including, but not l_imi1ed to: vacation pay , holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any ottier rights or privileges afforded to Kittitas County employees . Contractor will defend , indemnify and hold harmless the County, its Additional lnsured's, officers , agents or employees from any loss or expense, including but not limited to settlements , judgments, setoffs , attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 8. No Guarantee of Employment The performance of all or part of this Agreement by the Contractor shall not operate to vest any employment rights whatsoever and $hall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any sub-Contractor or any employee-of any sub-Contractor by the County at the present time or in the Mure. 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 compensati on received by the Contractor will be reported to the Internal Revem:.ie 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 Contractors 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 Page5 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 truces includ ing, 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. Regulatjons 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 subdMsions 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 deslgnee 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 all 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 ~nd 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 Noticej 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 (c) acceleration, deceleration or suspension of performance of any Wor1(. · 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· accordanc:e with all Change Notices. Contractor must, within thirty (30} days after receipt of any Professional Services Agreement Page6 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 perfonned, Contractor shall be entitled to compensation associated with changing the Work, such as revising design already completed, revising caJculations already performed, and revising documents. 13. Termination for Default: 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, tenninate 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 defautt(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 TelTTlination for Public Convenience paragraph hereof. 14. Termjnation for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion that such termination is in the best interests of the County. Whenever the Agreement is terminated in 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 termination, 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 lnsured's, appointed and elective officers, agents and employees, from and Professional Services Agreement Page7 agafnst all loss or expense, including but not limited to judgments, settlements, attomeyts fees and costs by reason of any and all claims and demands upon the County, its Additional lnsured'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 fnsured's, appointed or elected officials, agents, or employees. It is further provided that no liability shall attach to the County by reason of entering 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 lnsured'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 hannless 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 concerning 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 faile_d to perfonn any obligation to be performed by the Contractor under this Agreement within the tfme 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 perfonn is cured or otherwise adjudicated. 19. Future Non-Allocation df Funds: If sufficient funds are not ~ppropriated or allocated for payment under this Agreement for any Mure ftscal 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 shell 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 Page8 power and authority to enter into and to perfonn 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 Contractor'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.lnfrjngement: Contractor will defend and Indemnify the County from any claimed action , cause or demand brought against the County; to the extent such actJon is based on the clairn that information supplied by the Contractor infringes any patent or copyright The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the Coun1'J In any action. Such defense and payments are conditioned upon the following: 21.1 21.2 22. Disputes: Contractor shall be notified promptly in writing by County of any notice of such claim. 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. 22.1 General Professional Services Agreement Page9 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 earfiest 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 shall 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 Claim 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 1ltems Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or 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 conf ldentiality of all information provided by the County or acquired by the Contractor in perfonnance of this Agreement, except upon the prior written consent of the Kittitas County Prosecuting Attorney or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceedings seeking disclosure of such information. Contractor shall Indemnify and hold harmless the County, its Additional lnsured '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. Mall, first class, postage prepaid. 26. Severabil;ty: 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 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. 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 provi~ions 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 breech 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, 30, and 31, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 30. Nondiscrimination: 30.1 30.2 30.3 30.4 The County is an equal opportunity employer. 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, marital 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 pay or 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. Nondiscrimination in Services The Contractor wil.l 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. If ariy 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 Page12 31. Prevailing Wage: Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics 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 responsible for obtaining 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 Director 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 supervision and direction of the Kittitas County Lodging Tax Advisory Committee (LTAC), 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 infonnation. v. Any and all other functions nonnal and customary in operating a visitor information center. 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, search 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; 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 promotion efforts including: I. Digital marketing and advertising -paid Facebook, Twitter, lnstagram, Google Adwords, Bing, Snap Chat and other digital media as well as the production costs of ads; Professional Services Agreement Page 14 ii. Organic social media -3x per week posting , 52 weeks per year, all social medja platfonns: such as Faceboo~ Twitter, Snap Chat and lnstagram; iii . Television advertising-media buy, production and creative consult Iv.. Print advertising -media buy, production and creative consult; v. Surveying -assist in the creation of surveys for data collection purposes to be utilized by lodging tax grantees, manage onUne hosting for the survey, develop and implement SMS messaging marketing strategies, CRM; vi. Any other projects which may be agreed to between the county and the chamber. b. Develop and implement an external public relations campaign to promote the County's events, attractions, facilities and destinations. c. Represent Kittitas County and the Central Washington Color marketing campaign at regional trade shows. Provide booth design and materials, includlng booth set up, delivery, and removal, and provide adequate and appropriate staffing for the duration of the trade show. 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. f. Provide training and support for committee members participating in the County- wide Consolidated Lodging Tax Grant Application process. Professional Services Agreement Page 15 EXHIBIT "B11 COMPENSATION As full compensation for satisfactory perfonnance of the work, the County shall pay Contractor compensation not to exceed: $206,960 (Twerhundred six-thousand, nine-hundred sixty dollars and no cents), broken down into the following expense categories: Operations Costs Chamber Administration (10% or less): Marketing/Advertising Overhead: Visitor Information Center Overhead: Website Maintenance Website Host Subcontracts to update site/content Tradeshow Travel, Lodging, Mileage, Conference Fees Marketing & Advertising Online advertising Survey onllne hosting, SMS Messaging, CRM Video Production/Photos for OnlineNVeb Campaign: Print Advertising: Professional Services Agreement Page 16 $17,560.00 $12,000.00 $16,000.00 $800.00 $15,000.00 $3,000.00 $110,600.00 $12,000.00 $10,000.00 $10,000.00 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 lnsured'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 perfonnance 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 Vil 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. 11 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. Professional Servioes Agreement Page 17 • Coverage limits not less than: • $1,000,000 combined single limit • Thirty (30) days written notice to the County of cancellation 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 maintained 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 AMENDMENT 2 TO THE PROFESSIONAL SERVICES AGREEMENT BElWEENTHE CITY OF ELLENSBURG AND A oo J17&'-O0 KITTITAS COUNTY CHAMBER OF COMMERCE RELATING TO: Tourism Promotions Ag,-ment THIS SECOND AMENDMENT!O THE January 1, 2017 AGREEMEt-rr Is made and entered into this tzi!f-· day of ~.c..~'--, 2018, by and between THE CITY OF ELLENSBURG (hereinafter called the "CITY") and KlmTAS COUN1Y CHAMBER OF COMMERCE (hereinafter called the 11 CONSUL TANT"). WHEREAS, the CITY entered Into an AGREEMENT with the CONSUL TANT on January 1. 2017, f'theAGREEMENT"); and WHEREAS, the City entered Into AMENDMENT 1 to the AGREEMENT with consultant on March 6, 2018; and WHER~S, the CITY desires to amend the AGREEMENT to amend the Scope of Work and Maxtmum Compensation; and WHEREAS, Section C.4 of the AGREEMENT provides that the terms of the AGREEMENT may be changed by execution of an amendment signed by the parties; NOW, THEREFORE. In consideration of the above representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: SCOPE OF WORK Section A.\ of the original AGREEMENT, as modified by Amendment 1, is further amended as follows: .. ·g, §uch additional scope of wprk n detailed In Exhibit c, attached bereto and · tncomomted herein,• 11 MAXIMUM COMPENSATION S&etion B.2 of the origlnaJ AGREEMENT, as modified by Amendment 1, Is further amended to tncrease 1he amount of compensation stated In Exhibit A for budget ye.er 201 B from $482,560.00 1o a maximum sum of $507 ,260,00, to account for the Increased compensation required for the addttional Scope of Wor1< as shown on Exhibit C. Except as '!1odifled herein, all other terms of the original AGREEMENT shall remain in effect. II II II /J II II Amendment No. 2 to Chamber of Commerce Tourism Contract -Page 1 of 2 In WITNESS WHEREOF, the parties h'9reto have executed Amendment 2 to the Agreement as of the date and year first written above. ' I ., ,, MANAGER AP,OVED AS TO FORM: TERRY WEINER CllY ATTORNEY KITTITAS COUNTY CHAMBER OF COMMERCE JJfr~EO Amendment No. 2 to Chamber of Commerce Tourism Contract -Page 2 of 2 TOURISM PROMOTIONS AGREEMENT January 1, 2017-December 31, 2018 Between the City of Ellensburg and The Kittitas County Chamber of Commerce A oo 1178-otf This Agreement Is made and entered Into thfs 19 day of J'a.At,., ,·2011. by and between the Kittitas County Chamber of Commerce, hereinafter "Chamber." and the City of EJlenaburg, a munlotpal corporation, hereinafter °Clty,11 and witnesses that : WHEREAS, RCW 67.28.1816 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 proJnollon, acquisition of t.ourlsm-releted faclllties, or operation of tourism-related facllRies ... "; 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 CommHtee ("the L TAC1 for financial assistance from the City's lodging Tax proceeds {'1he Proposal•): and WHEREAS, the City has detennined that the ectMly herein described promotes the general welfare, health end safety of the citizens of the City, and Is In the best Interests of the City in regard to the promotion of tourlsm 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; and WHEREAS, the City and the Chamber have succe~sfully 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 ~eC~; . NOW THEREFORE, and In consideration of the mutual covenants and promises of the parties hereinafter set forth, it is agreed as follows : Tourism Promotions Agreement 1 -87- A. Chamber's Ql)JigAUons. The Chaml;>er «Jgreet$ to provide the folloWing services and engage tn the fallow ng activities in UJJpport of the g11ensburg tourism development effort: 1. Visitor lnforml!ltlon Canter a. Es1ab!lsh, operate and maintatn a Visitor Information Center for the purpose of i. greeting visitors, I!. displayfpg promolio.nal brochure$, iii. offering assistance, and Iv. answering request& for tourism and visitor lnformatiQn. b. Op.er~te Iha V1$1tor Information Center Monday-Friday from 9 a.m. to 5 p.m ., 1o include Sat1.1rdeys between the hours of 10 a.tn. and 2 p.m., and Sundays between 1he hours of IP a.m. "nd 4 p.m. during the months of J_l!ne, July, August, and September through Saturday Q.f !Abar Day V\feekend. c. Ensure that C.h~mber pers.onnel and volunteers receh,e regular Vlsltor Information training. d. Maintain a year;.J"ound toll-free mi'nber for tourism Information. 2. Website Maintenance a. Maintain a public web site that promotes Ellensburg tourism and provides information f~rvlsltors. b. Track Web site trafflp statlstl~s including, but not limited to, page views, _ µ,nlque visitors, search ten:ns, entry and exit pages. 3. Collateral Materials a. Develop promotional materials i. Brochures fl. Maps iii. Press Kits iv. Video clips v; Photo library b. Dlstrlbute Ellensburg tourism information and literature in Ellensburg and In other ,narkets. c. Maintain stock and periodically review the effectiveness of Ellensburg racks and rack locations. 4. Marketing and Advertising a. Administer and oversee Ellensburg tourism promotion efforts to promote the City's events , attractions, facilities, and destination downtown, Including · i. marketing campaigns, ii. advertising, iii. brochures, iv. sollcltation of conventions and meetings, v. participation In trade shows, and Tourism Promotion.5 Agreement 2 -88- ( 1 I I \ \ I I I I vi. other activHies agreed to by the partle~· from time to ti1T1e. b. Develop and il'nplert'lent an e~eroal pubfic tel~tiGns G9mpJlgn lo promote the Clty 1s events, attraction's, facilltles, and des~l'lallon downtown. 5. Admlnlatralion e. P~rticlpate ln the, Ellensburg l.9dging Tax Advisory Committee m,etings. b. Prepare 1he City's applk:allon~ to the Lodging TaK Advisory Committee for funding. c. Submit a monthly accounting of expenses incl)rr~d. d. Obtain, analyze and apply data related to tdurlsm•rel~ted acllvfties In s1,1ch a ~,nner a$ to ald the review of the effectiveness of Ellensburg tourlsn1 development effort~. · e. Submlt qu~rterty reports lo the City ~bout services completed ~nd the state and effectiveness of tourism promoQon efforts, As reque$ted, but at least fwice durlng the year, present such reports In person to the City ~~~ ' f. Work to meet the 2015 goals for lncrea~ing Ellensburg tourism as Included In "Exhibit B -Ellensburg Tourism Goals• of this agreement. 6. Slgnage a. Staff the City's entryway and directional signage committee When meeHngs 'ofthe committee are recommended by the City. B, City1s O~Uggtl~ns. The City agrees to provlde 1he following services anti ~ng~ge In the following activities In support of the Ellensburg tourism development effort: 1. Assign a member of the Cjty staff to serve as regular liaison and contact with Chamber represer'\tatives In support of the lmplernentatlon of this agreement. 2. Make payment from the City's Lodging Tax Fund to the Chamber fo r the provi~1on of its services ba.sed upon the budget Included In 'E>chlblt A - Tourism Services Budget' which Is made a part of this agreement. Payments for those budget Items shown on 'Exhibit A• Tourism Servlc.es Budget• for Visitor Information Services and Administration of Marketing shall be made on a monthly b~sis. Payment for the ser'Vlces end products oovered 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 agreement shall In no even _t 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 capaQity $nd not as officers or employees or agents of the Chamber. Likewise, it Is ag reed that the Chamber, and any agents and employees of the Chamber, in the perform~nce of this agreement , shall act in an Independent capacity and not as officers or 3 Tourism Promotion!> Agreement -89- employees 0.r agents of the City. 2. Thi$ agr~~ent ls not asslgnabl(i by either party In whole or in part w~hout mutual written a9reement of the parties. 3. AJI of the-provlslon,s a.f this agreement shell extend to arid be binding upon and inure to •he benefit of th9 heirs, $.>.eecutors , admlntstrctlors, suocessors, end assigns of the respective parties hereto. 4. It is mutuafly understood and agreed that no altera~ion or variation of the terms of this agreem~nt shal,I be vplld unles~ made. in writing $A~ t1igned by the pa~ie§ tiereto, and that no oral understandings or c:tgreements not fnCOl'pQreted shall be binding on any of the parties hereto. 5. t3oth parties aijre~ thEtf In fulfllilng the terms and conditions of this agreement th~l neither shall dl~orimlnat~ on the b~sis of race, creed, color, national origin, age, sex, marital st11tus, or the presence of a physlaal, sensory or mental handicap. 6. This agf~ement Is a contract for services. The Cham~er remains a private mmprpfn a~sooi~tion of business and professlonal p~ople, ahd the Chamber's acceptance of this contract d9es not result In Chamber membe;shlp, or convey the benefits of Chamber me!Jlbershlp, to non.-members. 7. The Ghamber's rpember.shipdlrectory, web page displays and oth~r Chambet referral services remain lli!:I propetty of the Chamber end its members, and listing is at the dl~cretlon of the Ghamber. a. The term of this contract shall be for two (2) years, from January 1, 2017 thrpugh December 3.1, 2018. 9. Either party may term.inst~ this agreement for any reason after giving ninety (90) 4ays written notice of the intent to terminate . 1 o. The Chamber and City Join11Y shall prepare. a review of the Goals i~entified In Exhibit B attached hereto and shall prepare an asJ;es~ment report for delivery to the Ellensburg City Council at the end of each calendar year of the contract. 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: ~~ ~~ C.E.O. Tourism Promotions Agreement 4 -90- CllY OF ELLENSBURG By: ~ _ > -c~ Rich Eliiott Mayor I I f \ Exhlblt B Ellensburg Tourism Goal ™ goal est~bli.sh~ fpr the 2017!Z018 contract is loJpcraa~e Lodglnii T~ re.Qelpts by 5 ~rcent eaQh y~ar. 'This goal assumes a stable MtiQnal econ6my, accommodation avallabllity, and stable fuel prices. Assessment: Perfonnance wlll be assessed by the Ellensburg lodging Tax Advisory Committee based 1,1p0n lntorma_tion prQVlded by the Chamber which wUI Include : 1. The Star Report of hotel/motel occupancy 2. Overall Ellensburg Lodging Tax Revemie comparison With previous year recefpts. 3. Sales tiX summary for tourism based business categories (lo be supplied monthly by the Cfty). Tourism Promotions Agreement s -92- ( ( \ ' \. I l0 .... Exhibit A Tourism Promotions Budget 2017/2018 Klttttas County Chamber of Commerte,ICity of EHensbu~ 2017 l'nlfected WOlt(~ Unit Cost Ellttlslon MufJ'IMoft \Wt vtSrTOR IHFORMATIOII.CENnR Visitor O!ntcr ss,ace {l'fflr/ma~t mantfl 20,000 .SOOO~e month Ofrice l!l(l)enSl!S-lP~ a,pl!r, ofe Sl'Plsl lump,u111 11,000 lumrlsum Operations staffing lvmpsum 37;430 M!1PSUffl Staff' tralnlns lump mm ,9,000 lampStnn Supervf~IOl'I &,Adml!,lstr.ltion lump sum • &8,920-(U111J1'1ffl Total-Vliftor ll!farmatJon ·c.iiem.r l.63;350 WEBSm MAINTENANCE Websltehmc lum1:num sm <ISO.GOO P& "'-s tump sun, Submntnc:ts tD update ~content luntPsum ~75. . .. lump.sum Supervision & AdrnfnlStratlon lums,Sllffl lump:Sllln Total WHl!te 12.375 COUATERAt MATIIIIAlS f'ramotfonal materials l!evltloprnent'/Printlng Contract cast B,us· 58,34c Qlnfn.ttms 5mlth Ti,vei l!tiarch Conll'act cast 4,400· Clll\tractCIOIS Jlflctography . Lu,npsum 4,000 Lllmpmn Tr.l~I and Meetlncs Lllmpsum 10,DOO 1f-2.93) I.Ump nm, COntests merchandise lump,um 4,500 UIITlp.sum Toni CaltaiteRI MateJtals 3&.lBS MAAKEffNG & ADVSmSINti ~ 01Whle ad1'1!!rtbin1 Oxltrxtcast UA,970 7;141,.753 CDntnctms: Tel~ [qb'le/bfatdcaJtlld'#) Contract mst 93,590 O:llmllctms Radlo~.slng Comrletmst 30,DOO CllfflncrCCIS Print 11dvertts1111 Conb"ll~mst 9,000 Conlnct CDS' Supel'llislon & k!mlrdstntloft Lump1un, i.umpsum Tllbl Mar1aettllf a ~I ; 247.,$00, TOTAL CONTRACT 459,360 20-18 l'roitmd Qst &emll'in, N111'1111"'"' 28,0DO stsopeapte. 2'0CIJ 45,680 9,000 68i920 171,fiDO 500 AMc«l pgvlrf& ~ 13,000 U;Oa) 79.,194 ~AOC ,,ooo lD.000 U1,221 c.soo 3U60l l~~-7.36].l&S 55,2&2 30,000 9,000 . 26D,000 $482.560 TOURISM PROMOTIONS AGREEMENT Between the City of Cle Elum and The Kittitas County Chamber of Commerce This Aareement Is made and entered into this 11th day of November, 2017, by and between the IOttltas County Chamber of Comme~, hereinafter 110lamber," and the City of Cle Elum, a munlclpal corporation, hereinafter "City." WITNESS THAT: WHEREAS, the City and the Chamber seek to cooperate In the pro\lision of tourism development sen1lces for the community; and WHEREAS, the Chamber ls qualified and willing to continue provldlna such services to the City; NOW THEREFORE, for and In consideration of the mutual covenants end promises of the parties hereinafter set forth, It Is agreed as fojlows: A.. ChlJ"!'bfr'S pbl!fJ!tions. The Chamber agrees to provide the following services and engage in the followlns activities In support af the Cle Elum tourism development effort: l. Establlsh, operate and maintain a Visitor Information Center for the purpose of greeting 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 Saturdays between thll hours of 10 a.m. and4p.m. 2. Ensure that Chamber personnel and volunteers receive rqular visitor Information training. 3. Distribute Cle Bum tourism Information and literature In Cle Elum and In other marlr.ets. MaJntaln stock and perlodlcally review the effectiveness of Cle Elum racks and rack locations. 4. Develop and maintain a separate web site devoted entirely to Cle Elum tourism. 5. Develop and Jmplement extemal public relations throughout Cltv attractions, faa1itles, and events. 6. Submit monthly 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. 7. Submit a monthly accounting of expenses Incurred for reimbursement. 8. Obtain, analyze and apply data related to tourism-related activities in suth a manner as to aid the review of the effectiveness of Cle Elum tourism development efforts. 1 B. Cl\l'.i Obligations. The City agrees to provide the followlng services and enP1e In the followins activities in support of the Cle Elum tourism development effort: 1. Assign a member of the City staff to serve as liaison and contact with Chamber representatives In support of the lmplementatton of this agreement. 2. Make payment from the Oty's lodging Tax Fund to the Chamber for the provision of Its services based upon the budaet Included In 'Exhibit A -Tourism Services Budset' which Is made a part of this agreement. Payments for those budget Items shown In 'Exhibit A -Tourism Services Budget' for Visitor Information Services shall be made on a monthly bails. Payment for the services and products covered by this aa,eement shall be on a reimbursable basis to the Chamber for costs Incurred. Budget llnes In "bhibit A-Tourtsm 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 Promotfons Budget' of $106,000 without the prior written agreement of the parties. C. Addltjonal Obllgatlons. The parties further aaree as follows: 1. The City, and any asents and employees of the Oty, In the perfonnance of this asreement, shall act In an Independent capadty and not as offlcef'5 or employees or ager1ts of the Chamber. likewise, It Is asn,ed 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 a,ents of the City. 2. This a1reement 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 upgn and Inure to the benefit of the heirs, executors, administrators, successors, and assJans of the respective parties hereto. 4. It Is mutually understood and agreed that no alteration or variation of the terms of this agreement shall be valld 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 agreement that neither shall discriminate on the basis of race, creed, color, national ori&ln, aae, sex, marttal status, or the presence of a physical, sensory or mental handicap, 6. This aareement 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. lbe 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. B. The term of this contract shall be for one (1) year, from January 1, 2018 throuah December 31, 2018. 9. Either party may terminate this agreement after giving ninety (90) days written notice of Its intent to terminate. 2 IN WrTNESS WHEREOF, this 11sreement has been executed by and on behalf of the parties on the day and year flnt above written. KJTTITAS COUNTY CHAMBER OF COMMERCE CRY OF QE ELUM &r-Jfh~ ~cGowan Mayor m 1= 5 ! I s ! I s s ~ :s I ' = i~ ... I! • I I I - Ii ! I I I I 2 ~ I I I 1j i I I ! ' I · !-! ! ! I I I I ' I I 11 I . I .,,. .,,. vt • • llt --.. .. ... 'I& -.,,. .,,. '!> .,,. .... J ! I I ! I I ! ·! ! ! I ' ! I I I I I I I I I I I ~ 1 5 I I I I I I I ! I J Ill. Q. l l I I I I I I * I I I i I I I I I I I I I I I I I i I I I j I I, I ,, J ~ I I I • I i f • I f I I I j I I I i i j J I l I i I f J :'ii Exhibit C Amendment to the Tourism Promotions Budget Kittitas County Chamber of Commerce/supplemental downtown VIC 2018 Wort Item Monthly Cost Existing Total Amount Supplemental Funding VISITOR INFORMATION CENTER : ! Visitor Center space (rent/lnsuraoce/Utilltles) I 2,200 5,000 $ Remodel/Construction Costs l 3,000 3,000 $ Office expenses (phone,postage, <:;opler, ofc sppls]• ! 1,000 4,500 $ ; Operations staffing & Administration ! 1,200 5,400 $ Total Visitor Information Cen~r 17,900 $ Total Request of Supplemental: .I i ADDITIONAL SCOPE OF WORK Chamber's Obllgatlons for Downtown Visitor C.nten a. Establish, operate and ·maintain Visitor Information Center for the purpose of: I. GreerJng visitors, ii. Displaying promotional brochures, Ill. Offering assistance, Iv. Answering requests for tourism and visitor lnfonnatlon, and 19,800 3,000 9,000 10,800 42,600 v, Scheduling community off season request for Visitor Center cost recover at $120 per day. 14,800 - 4,500 5,400 24,700 24,700 b. Operate the Visitor Information Center Friday through Sunday from I I a.m. to 7 p.m. during the months of June, July, August, September and October and staffed during events at that location c. Ensure the Chamber personnel and volunteers receive regular visitor infonnatlon training. d. Maintain a year-round toll-free number for tourism information. Event to be staffed: (specific out of cycle) Downtown November Events Conlr'Kt N.....-: S18-7510N87 1.Ccwlbwtw 2. CDnlladDrOobl9 .......... ,. ( ... Dftll) ,klllal Coun!yChMnblr' of Commerce •N.Mul.._. Elenttug, W•hqlon 811921 2.-........... .. CEltaj:wwanblllwir Jim~ klllhyc.leon P08a42.&25 CEO Contrada eoo,..,.,. 1011 PlnstSE D-825-20m 380-725-1117 01)mpla. WA 885044525 Jlme~.com 5.______ .~ .. lftlAwiolunt 7.New (and.., ............... , $39,233 $38,233 $78.A88 .. -f11Mlillt 8olluw •• ....... ,o._ -EndDa Federal: --=xOlf.-: HIA: Jdyi,,2018 June 30, 2018 11. F1.ural Pads (fl ... •Dllllle}: F....._.~ CFDAN-.r. NA NA NA 12. -~ PY18 ls emended to!ndudll: Newalartend and Ala; SpeGlal Termallild Canditlcni Scope of work• Haw NpOfl.19 dua datN; Attaohment A:. Bulslnela Plan, Perfmmwe T ....... 8-\al Prqed Meldca; and A1ladimenl B: Budgaf ChHa Dlnai' 0fflca af Eoonomlc Deveklpmenl& Compellt-,,.a Om , JI &j;g /1~ H APPROVED M TO FORM ONLY o.p.tmanldComm.,.. .. Thie Conlract la anllftded 89 follows: Start Date: July 1. 2018 End Data: June 30, 2019 Special T-• & Cendltlons ComfflUllk;ldlon Amendment Granlee Will pro-Me CIOffltnUnic::aUon to Commerce regarding any public media events ralaled 1D companies the Granllle aid Comrnarce worked an logeller. /w wel, the Grantee will list Comrnenie • • parlnar In any publlc ~ media, preas rvleaaes, etc, that Iha Grantee and Commen:e Wllfked on tDgether. ~ . Gtwltee Wiil ldenlffy and delcribe quarterly proJedB and bUUleues In lhe Sales Fore ADO parlal Reportng Includes buelnaa NlChJlllmenl, retention, expansion, start-upe as deillned by Commema. Thll proJec,t information ii lmpen,Uve to pn.wlde feedback to the Leglslatura on how Iha ADO fundqa Is being utilized. stnpwldf ..... fm!y The grantee • 8111181 Cornrnelul, In gathertng Information through an annual aurYef, provided by Comrnerm. to be dlssamnaled 1D ~-,-ntion and expansion networks. The surveywtl help delennnl how lo beet leg(slale for sound busk1ela policy. Scope of Wortl Is amended fDr FY18 to Include new reporting due dates • QUlllefty Reports wfll ba eubmlttM b~ tha followlng utp: OoloJ>er 16. 2011 Janumy 15, 2019 April 15, 2019 July9, 2019 • Summ!Ot a/1 B..t Pract.lCM Shared and lmptemenlu wlll be pbmfttecl by th• fDIIMdna !1111; July9,2D19 Altaahment A: ii amended for FV19 to Include the fallowing • Table A:. Bu.Ines• Plan • Table B: Perfonnance Targets • Table C:: a .. 1,... Projnte Metrtcs Att9chment B: ta amended for fY19: • Budget 2 ,. Amendmant ALL OTHER TERMS AND CONDmONs OF THIS CONTRACT REMAIN IN FUU. FORCE AND EFFECT. --.-- 3 ... Business Plan A • ... ADO ~naas PJan Rapariing Obllgalioraa •• • L 9 • County: Klttftu O Name: KJltitas County Chamber d Commerce . . w. .. cona,w.,_.,_., ..-cu-... t4nw-~---. . . ma • cint.ra,u,,..,.;...;.._ ~---,tlie ·~~~-~~~~~~J'&:::.;; ~ ... ~~~~ ~pl!ll---'NaiJ ... ~ ~A~l<ltJJlaa~~Diltfi:I, Ap,ISrMnlEni,gV, ~•sti,te~o, Comme.rce. ld!:a' .,.,..,..'arid~ ....,.b,u46111!1•s. . . -. ... . . ; .. .. . . . . . ... . . · 1 lnfofflllllllol on litalQ and local ~pin r •• 1a--. mcport 11·111~ fl,bnlllc>h l.f ·upa1•,a. e,q,endlng, crlocdng a bullnele-~ Wiaat•L ·' · . . ~ . .. . . ·: . tM-st:i:i'be how yPt1 ,,cvJde ~Ii lnfonni!tfon r,,.CIHlfflbet~~tli,oqgl,our...,wllli~6'~,,.,,,..,.~fBnt. ~,..~ aodtllnate.,~.,,.._~.,~~~~-wldealta~_KM,,e,!la ·en; GeriM!fbll,,,,,.,,~."!'~~::~-~~~,,,.,~~""' ~ ~ ~lhil CDllll(y~ ,rte l"'t!c wlfll ~ 8WJIJUN of outntaah_ • -~-w,, have . . .. ,,.lflfl/Oltal~~~~S...SArMaorlopirwldeafatt-upbualqu,,conaulllng fhroutlbourCIMinM-iMned Catsl>'8f otlloealnbolh ~81J!li::lel3um. . 4 Aniendmlftt ahlrGU• • a glcmltJcanpeltlve place to growbullnell, wlllcft may~ devefopngllld -.cuing__.... paa11 ID ll1lnlcl oompardM from out~..._ ' pe,,cdbe how _you w!(I marktl Wasllfngtoh 8fld local arHB to e,tpand or m#Qca~ bl.lS#n&st.its sntl ~onlng W.~ es a globally cort,palJM,e p/808 to 9fOW bustmtn. Pisa~ pf'Olllde ~ with a copy af your Ma,tet.fng OUIIIM · Mtwlll~OllffllltlnlolmlllJonttuuur,hwr..._ ~ aioc:Wmda ~pa,tne,aftpt •• ~end,qtwallnf~wlfltnllllloaelndlt .... enddhw"...,,.,,,....._,OpllfflOla ~ $Cafeend Klllla,t ~-On•,....,,.., .. ,,.. ... .,,.,,,. Cenbll ~ &unamlc DrwelopmenlDiatlld.ti,,.,..,."""!theV...Coc#l(y~~ . 11G 111 Pit Jlf.,_A Oed;rlbe how you 't"ill M>qri< with ~•s on de lot:e~ and selecllon 1133fafa,Jce. . ... . . w. wadrwfth our,.,..,. ,.,,,,_..to 1c-,, uiwatrwof rsls,.., Q'Jfflfflfff:lt~....,. ~ a11o,,...,, ~ r-. ~ ,..., pe,mlltlnf I/ltd~-,,.,,.,.....,. to thfl,-llc. ~ ........ , "'1b•PfOVld""bllMldtlleneedl d(lhe,,,.,,..,_ ....... ~. . · . . . --· " . . -·-. ua1n.. lffll ..,,.._ · 111e obuiit;. ·~must butn · rdlmbd to. bumlll (l!Ulrlactl andmanllottl'9 .... 1Cli ldlf\lly "1dedcrrw cihllenglland~fwd ~ bUllnelNe, wltllrlce lo lrlde lmpacad bullnewia tn-,plp,gfore,antafnln lie~ ndeadjulltrnmtt ....eancefarflrma pn,g.•1.and h~r4•1ai11 ... 1DbulfnNINon: •. RNourcee .... •-~praiedewl1>11llllnl; . .! ANc1ur'Ge9 av.,l&ablli WI 1h11 f'B'l/ftaftZIII d aau•llidla dllrletli • lba ~to ~)cba-~h .,__,.,.,_ .._..,. ~ Ul)dardleP,lar.~ RCW f?escrll,6 ~QW yr,u Will p,ovldf' busm,ss ~~ -Oxpah$K!rJ .SSMC/SB lhlDughout the '10'!nly W.Wll40ldlnwtomeiit•1or.rt1~ andawxu::tatlrl!IIP88h#dedfD~budlea~ oppo,UilrN ~~ We_.,.,,..,.,,. our,._ "81 tlllll,'locfl..,..,11• toflfld)r~,_,_.,_,,_. ,,,_... ..,.,,.,,,.,,.~~d,,,.,.,11 111 .-.,W•,,,,,~»-onour_,,..,.,,_.. . to~tlill~-------~d~, ...,._, .. M/onJentrNprlae Aasoaa~, ~ BimfpNB O.Wllopmenl Aufhtvtly. SBlJC, etc._-_ Job slffJi& Pf09(81111 iMI 4le ~lnaodal'!'Jldlt,r,dllfflal,......... ... ~_,~,,.,,,_oa,.....,11"'11Dthe.!lfJIJI ,..,.._ ~•nt CBiB, lwoloo,,/ ...... .......,..,,,,,,ott.,-~~.,....,loctt1 ~wlh ~ .,_.wlli.11 COl'lllnull4b:ua... ~ b:uaoiib iiwt~rii,mfd' . ,· . ~6'aafa~.the ~~...,..., ... ~~ ·. . .. ; ~ ·•' . (" .. ~dPIUNi .-nomlc d~t Q9tiim .. d'ltNllmiilDfta W~lglOn: In DHctfbe how you wlll •ddreu gap&" In busmen sts,t-up ~a(}C$: We will dend ADO,,....., bf,-)'Nlly WBM ,...,_,,_, .,...,,..., dJlous,fone MIJt ""'~ t>a,aodJdbl ...,, WEDA oonAnnoea ·a,,t190/tflnUe ~ lnlM .bwllrdtMllh lie Cantal WalhlrJgton .Soonomlr: De~ Dltiblcl In lbwllnlllllh/o w#h yaQna ~~-~ . 5 .. • -f -,, • I •• •• l • -·· -,. -1• t • -· .._~.__wi(athe;_~ror~~--~~-~-~~,,.-~-~.Mli-, oonnu.....,andlilCIIIIIIGal~lnlt\fllcoc:litlnalbnofthe]Qbeldb'hlnlrJ . anttflit .~ ............ • 1.y •• • • •• g program ~ '4-NO'I' f1lqpm Vllltllri la~'fan. e~be h~ yo11 will psi1fc;,,ot11 with the SBCTC Bild fifly community lflclmlcat coJ/eges rtiflardlng job a1<m• and '!"lifOMlzt1d tre(nlhg proglams . . We wllconllt,qe loWJl!ltWlilft ,,_~Ce,,,,_, ~ Detuw,;,,.r ~ Cehn/~ ~• Yakima v•yCommc.nlly College. We tfllBrleada _Md~ ~ta people Mf111Dl'W fotbuslneaol end for~,,... . . . . cib,s and lndtliltana. ~Sl;i(ba how your economic dtwelopmenl f?l8" comp_Jlm&nls other gOverM1ental Jurfsdloflons·lnd /n4tlMJons . W.wllt:Oll&HMOW...,_,.~.,,,,. upd,,leol~~CC!IIJIII~~~ Mfh local~ IOmoetfhodtMflt,g,.._IIJfflDW MJinlo'~/n ,_-~•n'-""8the . lr10M ap,i,, IO~ ~nt and ,rawth. ~~of~ afniilofll• ~ OUN:Umfnt ~p/tln. • Wfll•~rer,lobeJplennlns~d«lfJfiJua. . . . e .. Caunty. Kittitas ADO Name: Klttlfas County Chamber of • t4umbero! llutt,__cant.als lnlldld, a(IBeelectorOl!'.._Wialld andftdelhcMs --~ . Dllnllan: The coi..._ &hOllld be u,,lque or iret-tlme ~during._ grant ,-r. ~ er ...,.oan(ar.ll 1t1nqihouttt11 yearihou1d not be lncluilictio t.coan. Web am.._ stiowt .not a.indilded ~ tlie~ . • CWnlllt MlllkBlwlg OUUlne WIii WQl'k _,... and tin.,_ on Ille? Ehl0r 1 "1" for FY'II Please provide Commerce wtth a ropy of your Marketing Outline ~ M••• T~ w FY1t July ,1.»11 .1unitao;201, 11 7 --. .. ... . ., . .. 2. BU81NE88 RETEHTION -~~-~A,C'IMTI~; . . ·~-. .• . , -~ RICantfen &erp.n;aJon-Bum,aea raa.-. •~ (8RE) II•~ prog,a,n or any ecanom1oc1av91ppmen1 plan. ThNe ph,u.•1•..,.. ~ lo 1) twtaln orteep exldng bulllnl~• In the CClfflfflllllty; and_ 2) pmvlda ....,_ trcrb...-m..-,d. 1Won1btllld ..... llfl9Wcmbe~ ll lhelocll, i'agfollllland ... leYeli ln • varfelyd~ Saine~ n!Wittia.aa on~ bullneill..,._ln downtown.,.. «on f'6 cil,11,__. and llldustrtll ~ w... manyJffllllland medlum-etzed'lhlnl ••--•large pardon of~~--: ~ ITl!l'Yforiua on •IIOCldlng ruoun:a 1o guppmt ~ lndu,try or dwrin .... NNIOUl'CM 1o ~ eaonomlc~ ... " .•• --. --.. . . .. · . . :~;;:_,..-:,-·-- ·.), . ·. .. , • ... I ~ . T .... r • , . •. ., -.. · . ·=·"' ,. ,. .. .. FY~~ , .. '' ' ' .. .. .,..,, .... JuHll,2099 .. .~ • Numb•r olautrlach fnllradlonl lnlWld-exlllli,g ....... aucli ....... c;da. ... 32 Wllllr. or . . , . . . . . . • N....-·a,folaw.upl,_...11ln ..... ll'ldltlno~-14 .. . -: .. . . .. . : .. . . 3. BUIINESS ·.-,prANci . . ._..,._ ANlll&lnctt (lncludlng ....... ) Sinai •ndem-.,g l:lua1 •11n ~--end provide ... ll aOIRe of employment rn toclqe high technology global eca11amy. Th9y samutakt Job c,eatlonl, dewklp CNCfal ~ In bOltl ~ and Nl'Ykml. and =.ulha economlcbese. It le crilfo'al that communities' eoonomlo _ •----~ mquraeslD ~ . lild'~ new lluelnlllil stml·and~~ _ _ ·-:: ~ iio lt'8M new buu1euN can tllUW ~--Aoommunlythat tneets fie nea aflll 11111rep9111111,- llaaaee" chalwr; df Jobgruwlh wlllln mid~. Md hlle pine 1ran11ata kdo • more~ co,nnu«Y • . ·' .. ' --, .. , . -. . ....... Ta,._· ! (AJ FY11 July1,21'18 June3Q.2011 ' • Number ofbUllnelses requealng iiaa1511noe ., & • Nurrtl)er O,folfow.<,p lntei1tCtfoha 'Mttl buUIMSM 4 8 r. -"-READiNE88 & ~ACfl'Y au,LD1No ., . ' ., ' •' . , . .. (_ , . . ' • '.!'4Umblrd'~ ~-fn ~ ... ~-; ~ ~ ~ ~ t.rrs. ~-globu~iti,Plei11Ur--~plan~ fiirmaf.a mart<eti, ~lnala, and~• lb'ucturedlicQvll!~ lnvCIM11J ttie pommunity In wt,ic)1he ADO 18 ~ In~! arptilzlt11,a,~mf.11g t¥t ~- i. . • '"i ~ T ..... CA) ; ' m• .. ' . ,1.-ty1, -~· . -~--211t · 10 12 9 TAJJmC . · ABO-Mebtaa Fv'1s-Ju 1 2018-J so 201e County; Kltdtaa ADO Name.: Klttltaa County Chamber of Commerm The ADO wll ldanllfy and dalcrlb• pn::iJeds end business rn h Sales Form ADO partal. pottal wll have~ to define Iha tw,a of buslna• (e.g. naullmn, retenllon, upanslon, start-upe) men:e \\fl taltytolalll ID nipo,t~ DlftimforthefolaM,g: • Number or btalnma alted, retained. mcpendad, •~ • Humber of Jolla created • Numbaraf )om ...... • AmDlllt of IIMetment aeneraled · • AY8fll98 annual wage of cnated Jc,t» (In dolare) • Amount ot new ltllta·tax dollen get.-alllid 10 Amendment Attachment B: Budget Grant Recipient Kltital County Chamber of Comrnen:e 1. Prolected Expenditures of COMMERCE Funds: FY19Amount a Peraomel $25.501 b. Contracted Services 0 C. Praiecl Related Expenses S13 732 d. Travel 0 e. other 0 TOTAL COMMERCE AWARD $39233 2. Budget Summarv: FY18 FY19 Award· Amended Award COMMERCE Funds $39233 !i.'IQ 233 Local Matchlna Reaoureea Reaulred 22503 22503 Total Budaet $81736 Rl1736 3. Estjn,eled Quarteriy P@w: Quarter FY19 a. First J•... .,._ .... $9.808.25 b. Second: Oct-Dec 9.808.26 c. Third: Jan-March 9808.25 d. Fourth: Anhh.r1e B.808.26 TOTAL :!539.233.00 4. Speclaf Budget Prpyjajgns: Total FY18 / FY19 $78466 45,008 $123472 A. As a condition of receNing funds under thil GRANT, the GRANTEE agrees to document at leaat ·$~ for fiscal )'88r 2019 in matching resources. These matching funds shall be used exctuslvety to perform 1he work dascrl>ed In Attachment •A• to this GRANT •• A. The total amount of transfers of funds between Hne item budget categories shaM not exceecj twenty (20) pen::ent of the total budget. If the cumulative amount of these transfers exceeds or is expected to exceed twenty (20) peroent, the total budget shall be subject to JusUflcatlon and negotiation of a GRANT amendment by the GRANTE!= and COMMERCE. C. A sum often (10) percent of funds shall be withheld untn activities and final products defined in AUaclvnent • A" have been successfully completed by the GRANTEE and accepted fuHy by COMMERCE. 11 CHAMBERot COMMERCE Attachment D Director of Economic Advancement SUMMARY: The Director of Economic Advancement Is responsible for economic development Information and related services In Kittitas County. The Director assists businesses and connects them with programs from Washington State, Kittitas County, the Ellensburg Business Development Authority, and others. DETAILED JOB DESCRIPTION The Director is responsible for the following duties, and other duties as assigned: Business Development: • Serve as the primary contact for Kittitas County economic development services and resources. • Assist expanding local businesses and relocating out-of county businesses. • Assist county businesses with challenges. • Publicize available business development services. • Track economic development grants. • Maintain relationships with City/County Community Development offices, key community members, and employers. • Oversee the filing of required reports. Regional Collaboration: • Collaborate with Yakima's New Vision and with the Central Washington Economic Development District. Professional Development: • Attend conferences and training sessions. Professional Profile: • Strong communication skills. • Interest in business development • College degree or equivalent experience. 609 North Main Street, Ellensburg WA 98926, 509-925-2002, www.kittitascountychamber.com catalyst Co-worldna Administrative Manqer Job Description The Catalyst Co-working Administrative Manager will organize and coordinate administration duties and office procedures. Their role is to create and maintain a pleasant work environment, ensuring high levels of organizational effectiveness, communication and customer service. Administrative Manager responsibilities include scheduling meetings and appointments, making office supplies arrangements, greeting visitors and providing general administrative support to other departments {by request, depending on avallability). Ultimately, the Administrative Manager should be able to ensure the smooth running of the office and help to improve Catalyst Co-working procedures and day-to-day operation. Responsibilities • Serve as the point person for Administrative Manager duties includlng: • Maintenance • Supplies • Equipment • Bills • Errands o Shopping • Catalyst Advertising & Social Media c Schedule meetings and appointments • Organize the office layout and order stationery and equipment • Maintain the office condition and arrange necessary repairs • Partner with CEO to update and maintain office policies as necessary • Organize office operations and procedures • Coordinate IT repairs with vendors on all office equipment • Ensure that all Items are invoiced and paid on time • Manage contract and price negotiations with office vendors, service providers • Review and administer office leases " Organize tenant move In & move out • Manage office G&A budget, ensure accurate and timely reporting (I Provide general support to visitors & tenants (tours, pricing, trouble shooting) (I Liaise with facility management vendors, including cleaning, printer, phone and security services • Plan in-house or off-site activities, like parties, celebrations and conferences • Coordinate social media, blog and outreach marketing for Catalyst (local publications, Art walk Downtown Association) & KC Chamber (by request). Attachment E RCW 82.14.370 Sales and use tax for public facilities in rural counties. RCW 82.14.370 (3Xlli) "Economic development office" means an off,ce of a county, port di$bicts, or an associate development organtzatiOn as defined In RCW 43.330.010, Which promotes economic development purposes within the county. Attachm~~~ ~~ f BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS ST ATE OF W ASHING'l'ON RESOLUTION NO:: 2916· fJlq IN THE MA 1TER OF APPROVAL OF ml KlmT AS A YAKIMA COUNTIES COMPREHENSIVE ECONOMIC DEvtl,OPMENT STRATEGY. WDERUS; Kitlltu County and Yakima County and its public and prjvate partners want to strengthen and divcnify the regional economy; WHERE.Ali ~eloping a Comprehensive Economic Developm~t Strategy (CEDS) for the resion wiU help marshal iesources and drive effective part~ps; WHEREAS, a CEDS will also help the reaion pin altontion and support for 1pecmc project, with the federal Economk: Development Administration; WHEREAS; the two coUDty CEDS will be driven by a broadly representative local steering committee; WHEREAS: several public forums will be held to generate input and inten,st in the CEDS plan; WHEREAS: an extensive outreach process will be administered to specifically request that interested jurisdictions and eli&ible nonprofit asso .. tions submit economic development pmji.,cts for prioritization and inclusion within the CEDS; WHEREAS: the CEDS 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 CEOS so th&C the Economic Development Administration (EDA) can consider economic invutments within our rcgioni NOW TDREPORE 81 IT RESOLVED 1hat the Kittitas County Boanl of Commissioners adopts the following document (attachment A) as the final CEDS plan for 2016-2019. DATED this 19th day of January, 2016 at Ellensburg. Washington. BOARD OF COUNTY COMMISSIONERS Kf1TlTA8 COUN!Y, W _ IUN<."TON Gary Bemdt. Commissioner Excerpts from the Yakima and Kittitas Counties Regional Comprehensive Economic Development Plan -1015 Provide assistance to expa~ing or troubled companies in an effort to support Jobs and private Investment within Yakima County. ) .. -Pa-fundQII and ot ... resources tempport expansion . or f1!lleMlon af laal compat'lles. ·· · ·, Market the region as a business loc:atlan using e- newsletters. websites prospectlna trips, public relations and other strateales- Update amtent·on key bu.smess clewbpnu=nt ~ so £bat bewanit exlstlng ~ ta.'1 kleptlfythebe~ ~f dolnc business arid resources Mlle~ In 09ntnil . ~on Implement cooperative marketln, Initiatives that raise the region's lmase and reputation as a business location ~nerafi! leads Jff>fn expendlltfl~JMIUG. respvhd to prospeat busJ~, and contii11,1e to ·follow up.on'K»npr- term boslft!'SS 9XP.1nslon ~- YCDA. Kittitas Chamber. South Central Worltforce Councll YQ!)A,'lffltftas Oimbttr, RCOR', Ev~ Buslnea Capital . YaJA. Kittitas Chamber. Port districts YCDA,Klttttas Chamber, Port Districts '\WA.~· .. Olambet,Po.,t, °"'~ · ... Stay In contact with site se1ectlon professionals through e-YCDA,, Kittitas newsletters. direct mal~ and spedal ~ps or events. Chamber lm,,fement business plan contests fur ent_repreneurs and arrie(Blng businesses In ICtttltas and Yakl,na CountJes fnvesttpte the feaslbllfty of expandina exlstins business plan contests and other lnltlatives that support entrepreneurs and emeralnl businesses In the two county region . . YCDA,twli · · YCDA, Kittitas Chamber, foe.al Colleges& Universities ~ f • • ' : ... ., , ... • ,f ,_. '· •l . • ... 1 J • . ' .,.. ' .. Create a multi UJe downtown retail ll'lcu.bator program In K~ltas Chamber, Kittitas County-and explore opportunities to fmplement this . YCOA,_ City of model In Yaklrna County. Yakima VCDA, SBDC, Orpnlze and offer periodic seminars for entrepreneurs and SCORE, Ellensburs establlshed businesses that provide help In the areas of Downtown finance, marketing, management, getting started, etc. Association, RCDR, · Kittitas Chamber Market unlql,e Joan propa~s and services and ex,lare anpl and eqdlty fundrns programs that wlfl support RCDR · promlsi~ ~nw.res In ~iie reeton. ,.- -t IG0/1 l ·1 f--i:t[[: •ri1:•v c·lc,p ~V,/,)r·id ch1s,:.\,vc,rJ.Jc.,rcc ',~~l-f~~··~f.~~:~~-:-;!;t.=.:~;J} ~J •L-W •-i-: I-= --:-·.. I. ·1 ~ ' ' ~I I ~1 l • l ' j I • I • .. ~ & •• , ' ·1-l --. ~ J I .. I I ·--I -. . . . . , ... I"' ' ~ I' .••. ,-. . -I --. -~ .. -..:.~ ;~,,,~;.;~~ Implement stratqfes to help local employers attract YCDA, Kittitas technical and ~esslonal employees to Central Chamber Washington. Rnallze STEM Education Plan for Central Wesbqtor, aJid ESD 10B ~ on Initial ifflpJementatlon. Develop business education partnerships for K-U and ESD 105, YCDA, SCWDC,CWU, postseCOndary schools Kittitas Chamber Develop web based Information and-ll!$0Uf'C85 that Identify curTentSTEM education Initiatives whlle connedq ESD 105, VCDA business, education. fJnulies and publlc at larse to ~rrent and future STEM ~latlves. Implement a series of topical seminars to support key local YCDA, Kittitas industry clusters and their key employees. Chamber, SCWDC Implement f _mptovrnent Raun,ttables to prepare and suppo,t adults In the transltton to. new career opportunities SCWDC in demand ~tlons. - Increase technlcal training opportunities by expandlnc the YVTEOI, Yakima Yakima Vocational Technical Skllls Center and building a satellite facility in Sunnyside. School District Stan a Medical Assistant technical certificate program In Perry Technlcal response to Industry needs. Institute (PTI) Initiate a Machining Apprenticeship Prosram to provide In depth training to the areas Incumbent workforce and YVCC support the state's aerospace Industry 45 Initiate a combined professlonal technJcal dt!iree prognim where a student wlll receive an AssDclates of-Applled wee, P11 Science Dqree. Secure fundlns for development of Infrastructure Improvements Including, roadway, water, sewer, utllltles and pedestrian access at top priority sites within the region. Secure 1st phase funding to Implement the Vikkna 8-.ln Integrated Water Rmaurne Manaae,nent Plan.. Fund ipp,oprfate Infrastructure projects with each ~unty's o.~ sales tax fundlns dedicated towards economic development projects Seek to secure funds to enhance trail and pien belt systems In the fte&lon. Incorporate local breweries and distilleries Into promotional and tourism marketing Initiatives. Develop and promote qrltourlsm and cultural activities within the rqion. Pursue securln1 funds to make Improvement to fairgrounds and other landmark faclllties in the region to enhance their capabllltles to support enhanced tourism. Cities, Counties and Port Districts, Kittitas Chamber v&IP,Vaklma COunty, WA state, ~Counly YCOA, Yakima County, Kittitas County, Kfttltas Chamber IClttllat Erwtronmental Ed. 'Netwo,ta. Greenway Assodatlon YVCB, YCOA, Kittitas Chamber YVCB,Yakama Nation, area museums& a,ltural sroups/soctetJe~ VCOA, Kittitas Chamber, Kittitas county Fal rounds, 1, 2, 3, 4,6 1, 2, 6 9,16 11 · Enhance commercial flight apportunltles In and out of Yakima ~ 1, -J. -• ·=· •_ . -T • ~ .· ,,.. a ~ KJC?h L. SL\: i;!2}Yh:'1i1c f: 'P.D\••mWY\/!'! ;Jn ti f''.c;:£;11J>0 1·h,:,o (·l 'r£fo5 inc ;:,. bi :,i ,:fo .·1,\i.f111 t1,, City of Yakima r~-~ """)-~~~---.• ·--,.,,~ .-. • .. . ~':....l\,;,.l I I • , .· -,' -r-o' I Compfet~ City of Yakima master plannlng actMtfes for downtown revttalfzatlo11-1nd 1eaire.fundlna to besln lmplemef\tatlbn actions.detaQed In the. Ian . As$ess and Inventory t~ City's current retaD offerlnp and create I recruitment and marketlns stratesv for downtown ~tall redevelopment. Orpntze and develop new events that wlll draw people to downtown business distrlets Determine possible locations for parks, plazas and a perminent location for an annual farmer's market that enhances overall downtown revttallzatlon efforts. Ensure that land usep mobility, and parking requirements Jupport currant street levef retail with a forecast of downtown growth. Develop marketlnl and promotional materials that hlahlllht downtown a~ neighborhood business development opportun-s. Bedev:elopment of Main Street, Union Gap Implement planned infrastructure Improvements that support North 1st Street Revitalization • ~-.•• ---.1 ........ ~,.,.. ... j~ ·-,.. II ! ,_J ·~ .;,ll;~.~ .. . 0ty of YaklrQa City of Yakima. Ellensburs Downtown A!sodatlon Oty of Yakima, EUensburs Downtown AssodatJon City of Yakima of Yakima, City ofatensbur& · Elfensburi Downtown Assadatlon City of Yakima, Ellensburg Downtown N$0Cla1ion City of Union Gap. va>A City of Yakima 14 13, 17,4 13,17 4 12 8 51 In accordance wi,h EDA guidelines, annual reports detalllng progress achieved on economic development activities wlfl be prepared. The yearly reports will effectively adjust the CEDS as needed to antir.lpate new opportunities, address ne~ 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 wlll be tracked and "'next steps" wlll be stated for the coming year. These proJected plans will continue to identify specific projects, estimated costs and tlmeframes, 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 Rqlonal austers 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 duster or Industry collaboratlve Initiatives • $ loan capital packaged to support expandlns businesses c $ 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 small businesses receiving In-depth counseling (4 or more hours) 52 Attachment G I I f ' . ' -I w a:: a • C D ... • ; I I I I I I; . .- 1 :; IU !I • .. ... feJ!ll'f illl!.1~ I~ • f S tf JI l!a I Ii I . 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