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HomeMy WebLinkAboutResolutionPFAgmt2020_ChamberofCommerceKITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS AGENDA DATE: ACTION REQUESTED: AGENDA STAFF REPORT November 5, 2019 Request to Approve a Resolution for the 2020 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement with Kittitas County Chamber of Commerce. BACKGROUND: Kittitas County Conference of Governments (COG) met on September 4, 2019 to review the 2020 submitted applications. COG recommended awarding $92,000 to the Kittitas County Chamber of Commerce. This Agreement is the final step in the award process. INTERACTION: Public Works; Kittitas County Chamber of Commerce RECOMMENDATION: Approve & Sign the Resolution and the 2020 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement. HANDLING: Return one (1) original to Public Works ATTACHMENTS: Resolution; 2020 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement LEAD STAFF: Mark Cook Director of Public Works BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO: 2019 - RESOLUTION TO APPROVE THE 2020 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 may only be used to finance public facilities serving economic development purposes in rural counties and finance personnel in economic development offices in the State of Washington; and WHEREAS: The 2020 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, 2020; and NOW, THEREFORE BE IT RESOLVED: The Kittitas County Board of County Commissioners hereby approves the attached 2020 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement with the Kittitas County Chamber of Commerce. ADOPTED this 5th day of November, 2019. Attest: ❑ Clerk of the Board- Julie Kjorsvik BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Cory Wright, Chairman Brett Wachsmith, Vice -Chairman ❑ Deputy Clerk of the Board- Mandy Buchholz Laura Osiadacz, Commissioner 2020 DISTRESSED COUNTY SALES AND USE TAX INFRASTRUCTURE IMPROVEMENT PROGRAM AGREEMENT BETWEEN KITTITAS COUNTY AND KITTITAS COUNTY CHAMBER OF COMMERCE This Contract, dated , 2019 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 9. Scope of Work. a. Funding Recipient shall provide the services and staff described in its Application for Funds submitted to the Council of Governments, attached hereto as Exhibit "A" which is attached hereto and incorporated herein by this reference. b. Except as otherwise specifically provided in this Agreement, Funding Recipient shall furnish the following as required to perform the services, described in Paragraph (a) above, in accordance with this Agreement: Personnel, labor and supervision; technical, professional and other services. All such services, property and other items furnished or required to be furnished, together with all other obligations performed, or required to be performed, by Funding Recipient under this Agreement are collectively referred to herein as "Services." Section 2. Payment. a. As full compensation for satisfactory performance of the Funding Recipient Services, the County agrees to pay Funding Recipient the sum of ninety-two thousand dollars ($92,000). 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 io ce.white co.kittitas.wa.us Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement 1 Page 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 govemmental 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 fumish 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 govemmental 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 2 Page with or without notice) all of Funding Recipient's books, documents, papers and records related to the Services or this Agreement. g. Funding Recipient understands and acknowledges that Funding Recipient is solely responsible for its own reporting and accounting of all state, federal, social security, and local taxes, of every nature, arising from Funding Recipient's performance of this Agreement. All compensation received by the Funding Recipient will be reported to the Internal Revenue Service at the end of the calendar year in accord with the applicable IRS regulations. Section 4. Release Indemnity, and Hold Harmless. The County assumes no liability for the Funding Recipient's actions under this Agreement. Funding Recipient releases and shall defend, indemnify, and hold harmless the County, its officers and employees, agents, representatives, attorneys and/or volunteers, from and against all claims, costs, liabilities, damages, and expenses, (including, but not limited to, reasonable attorney fees) which arise or may arise or be alleged to arise out of or by reason of this Agreement including: • Any fault, negligence, strict liability or product liability of Funding Recipient in connection with the Services for this Agreement; • Any lien asserted upon any property of the County in connection with the Services for this Agreement; • Any failure of Funding Recipient, or of the Services, to comply with any applicable law, ordinance, rule, regulation, order, license, permit and other requirement, now or hereafter in effect, of any governmental authority; or • Any breach of or default under this Agreement by Funding Recipient. Section 5. Compliance with Public Records Law. a. In compliance with Washington's public records law, the County will retain copies of any documents associated with this Agreement, which may be required by law unless legally exempt from such retention, for any applicable legally required retention period. b. In the event a public records request is made to the County for documents created in relation to this Agreement, should legal uncertainty arise regarding the disclosability of any documents under federal or state public records laws, the County shall provide notice to Funding Recipient pursuant to Washington's public records act, chapter 42.56 RCW, to allow Funding Recipient to seek a court injunction. c. The County specifically shall not be liable to Funding Recipient for the County's release under public records laws of any documents not protected by trademark, copyright or other law. Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 3 Section 6. Industrial Insurance Waiver. With respect to performance of this Agreement and as to any claims against the County, its Additional Insureds, officers, agents and employees, the Funding Recipient expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to Funding Recipient's employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Funding Recipient. This waiver is mutually negotiated by the parties to this Agreement. Section 7. Insurance and Endorsements. a. The County may require through a request in writing that the Funding Recipient provide the County with a certificate, binder, or policy of liability insurance, acceptable to the County in an amount specified by the County. b. Such liability insurance shall be such as will protect Funding Recipient, its employees, agents and representatives, from all claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury (including death) or property damage that may result from performance of the Services or this Agreement, whether such performance is by Funding Recipient or any of its employees, agents or representatives. c. Should the County require such 'liability insurance, the Funding Recipient agrees to provide proof of insurance prior to commencing performance of this Agreement. d. Copies of the County's written request and the insurance documents provided by Funding Recipient shall be attached to this Agreement and by this reference will be made part hereof. e. Where insurance is requested by the County, all liability insurance policies shall be endorsed to include the County as an Additional Insured and shall stipulate that the insurance afforded by the policies shall be primary insurance, and that any insurance, self-insured retention, deductibles, or risk retention trusts maintained or participated in by the Parties shall be excess and not contributory to any other insurance maintained by the County. Funding Recipient shall furnish the County a certificate of insurance with Endorsement as evidence that the required policies are in full force and effect. Section 8. Termination. The County may, by written notice thereof to Funding Recipient, terminate this Agreement as to all or any portion of the Services not yet performed, whether or not Funding Recipient is in breach or default. Upon receiving such notice of termination, Funding Recipient shall, except as otherwise directed by the County, immediately stop performing the Services to the extent specified in the notice. In the event the County terminates the Funding Recipient's Services, the Funding Recipient is obligated and hereby agrees to refund to the County all monies paid for Services not yet rendered by the Funding Recipient, if any, as of the date of the notice of termination. Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agmemeent Page 4 Section 9. Miscellaneous. a. Funding Recipient shall not (by contract, operation of law or otherwise) assign this Agreement or any right or interest in this Agreement without the County's prior written consent. b. This Agreement embodies the entire Agreement between the County and Funding Recipient, and supersedes any and all prior oral or written communications, proposals, conditions, promises, representations, or understandings regarding the Services. No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in a written amendment to the Agreement signed by both parties. c. Notice for any purpose under this Agreement, except service of process, shall be given by the Funding Recipient to the Kittitas County Commissioners and the Kittitas County Public Works Director, 411 North Ruby, Suite 1, Ellensburg, WA 98926. For all purposes under this Agreement, any notice by the County to the Funding Recipient shall be given to the Funding Recipient's address provided on the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid, certified mail, return receipt requested. d. The section and paragraph headings of this Agreement are for reference convenience only and are not intended to restrict, affect or be of any weight in interpreting or construing the provisions of such sections or paragraphs. e. This Agreement may be executed in one or more counterparts and by facsimile, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 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 Progmm Funding Agreement $ Page KITTITAS COUNTY BOARD OF COUNTY COMMISSIONERS Cory Wright, Chair Brett Wachsmith, Vice- Chair Laura Osiadacz, Commissioner Dated: ATTEST: Clerk of the Board APPROVED AS TO FORM: Deputy Prosecuting Attorney KITTITAS COUNTY CHAMBER OF COMMERCE RepreseNtatiW C*WA"W of CtA'nrWC.F- 6-Ele�., Wa °fib Address (60q)012-S.IWZ 00 2T Telephone Dated: loll 112CA q Distressed County Soles and Use Tax Infrastructure Improvement Program Funding Agreement Page 6 J*9e; 2019 Mttitas county Department of PWWM works Distressed County Sales and Use Tax Grant ProMm 411 N Ruby St, Ste *1 Elienebum WA 96926 JUL 15 20110 RE: DFstreesed County Sales and Use Tax Grant Application — Economic Development Offiim Pommel To Wham It May Concern: Please find enedosed a eampleted application for the Dwh esaed County No and Use Tkx Grant Program with the foIIawing attac ments: • Att A — continued answer to question #g • Attachment B — ADO Chad Template/Perfo rrmance Targets • Attacbme nt C — Chamber Economic Marketing Outline for ADO Scope of Work • Attachment D — ADO CeafifiCation, RCW 43,W.o8o • Attaehment E — Local fwWhg Agreements • Amt F —Jab D on/Org Chart • Attachment G — RCW 82.14.97 • Attachment H — Kittitas County Resolution No. 2016-024 and exempts fmm the Yakima and Mtn Ooh Rqoonal ConPraheiWwa Economic Drmlopmnent Plan • Attachment I — Etaerft firm the 2009 T.I.P. Strategies Report Additionally, I have included with this submittal 12 copies of the completed application with attachments as requested in the application. Thank you for this opportunityand for coneidcring this grant request. Please do not hedtato do eontaet me if you have any questions. any McGuffin Chief Executive Officer 609 N Bain street CONNECT WITH US Ellensburg, WA 98926 MtesCowdyChamber.own (888) 925.2204 (509) 925-2002 Kittites County Department of Public Works DISTRESSED COUNTY SALES AND USE TAx APPLicATION FOR lG+ CONOMIC DEVELOPMENT OFFICE PERSONNEL The Distraeed County $ales and Use Tax supports improvements to Infrastructure systems that foster economic development In Kittltaa Coynty as well as providing funding for personnel In economic development offices. The goal Is to create economic opportunity through local Inv eft APPLICANT INFORMATION Applicant: _KITTITAS COUNTY CHAMBER OF COMMERCE Cone Nem: AMY_MCGUFFIN CEO Address: 609 N MAIN STREET Address: Cfty: ELLENSBURG WAZIP: 98926 Telephone: 509.925.2002 EXT 27 FAX: NIA E -mall address: AMY@KITTITASCOUNTYCHAMBER.COM Office Location: ELLENSBURG Jurisdiction Population: 46,157 Funds Request Staffing for economic development department W help assist startups, exisitng or expending businesses including business recruitment and relocation in Kittitas County. APPLICA'ITION THRESHOLDS Applicant Requirement: Check -off: 1. The request is to provide funding for personnel in an economic devsloprrrent office In Kittitas County. W] 2. Distressed County funds are not being substituted for other funds that are already seauhxL 10 3. Applicant has submitted only one application this round. v i 4. The Iocallreglonal economic development organization has been Informed of this request. Proposed Budget: Funding Sources Distressed County Funds Request: *Other Funding Sources: Federal (Iist sources): State (list sources): WA State Department of Commerce Local Government (list sources): Municipal Lodging Tax and Tourism Funds Other (list sources): Member dues, Program Sales and Events Project Total: Amounts 92,000 Funding Secured? Oyes / no 91 ayes / no $50,000 Dyes / no $816,996 $547,350 $1,5069346 **Distressed County Fund Matching Ratio: 93.89% Ayes / no 0 ✓0 yes / no F1 *Note: You must include documentation for all other funding sources listed (i.e. grant requests, award letter nota; fwations, legislative resolutions, etc.). "Note.- Your Distressed County Fund matching ratio must beat least or greater than 10% in order to qual fy for funding consideration. The COG will not consider any requests which do not provide at least 10% matching f tads from a local source. 6 PROJECT NARRATIVE 1. Request Description: Please describe the work this position will perform. Include a Job d4scription and any other pertinent Infornnatlon. These funds will be used to help fund staffing for the Kitt Co Chamber of Commence Economic Development Department. The core functions of the department are to provide assistance to the businesses that 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 tracks and maintains Information pertinent to the business community such as incentives, grants, and demographics. Multiple staff members share responsibilities to support and accomplish these functions and tasks. The funds requested will also support staffing, management and operation of the two catalyst Co -working Spaces in Ellensburg and Cie Elum. 2. Is this a new position for your organizedon? If so, please describe wiry this position is needed. if not, wiry Is it a necessary for this fund to continue to support this poshlon'7 The positions and related support staffing described above currently exist, but are not fully funded through other revenue sources. The Kitt Co Chamber of Commerce is the only countywide organization offering businesses technical assistance, assistance with the site selection as well as business start-up assistance. As the County's designated Associate Development Organization we maintain an inventory of business resources, track Inoentives, make business referrals to the State and Federal Departments of Commerce and are responsible for reporting all activity to the State Department of Commerce. We regularly conduct surveys with local businesses to keep kap wish the local trends and uncover barriers that Inhibit economic vitality. 3. Will your organinddh be capable of supporft this position in the future without support from this fund? Please describe your pian and Include target dates for implementation end completion. If no plan is ouNenW In place and/or no plans are feeing made, please exptaln why. No, the Kltt Co Chamber of Commerce cannot continue to support its current efforts of business recruitment, retention and asslstanoe without Umm funds. The State Legislature realized this and provided a provision in RCW 82.14.370 section 3 c(III) to fund an "economic development office". The legislature also recognized the importance of consulting with a local authority on economic development In making the decisions for use of these funds in RCW 82.14.370 section b 'in implementing this section, the count shall consult with cities, towns, and port districts located within the county and the associate development organization serving fire county to ensure that the expenditure meets the goals of chapter 130, laws of 2004 and the requirement of (a) of this subsection." (Please see attachment A for remainder of answer) 4. Will this position serve the needs and/or Interests of Multiple Jurisdictions and/or organimuons? Please explain In detall. Yes, we worts throughout all of Kittitas County and with all of the municipalities. We are currently working closely with the Sate Department of Commerce on local business assistance and funding opportunities. Through our business retention and start-up efforts we provided 64 businesses that were looking to located within Central Washington, starting a business, or expanding a current business. Additionally, we were part of 9 alta visits to Kittitas County specifically. By conducting surveys and hosting industry round -tables we have been able to identify some of the Issues facing our businesses and channel them to the appropriate city, county or state entity. We continue our partnerships with the local munlclpalitles, Centeriuse (formerty EBDA), Central Washington University, the Ellensburg Downtown Association, Cie Elum Downtown Association, SBDC and the Yaldma Development Association with projects like Cie Elum Main Street Revitalization, Downtown Master -plan, the Enterprise Challenge Business Plan Competition and small business incubation through the Catalyst Co -working spaces. 5. What goals and deliverables have you set for this position? Haw will you measure success? The goals for the Kitt County Chamber of Commerce Economic Development department are attached and our success will be measured by the some performance measures/targets as reported to the State Department of Commerce which is reported quarterly. (Please see attachment B for sample of ADO requirements; please see attachment C for Marketing outline provided as a requirement for the State Department of Commerce) B. Indicate E the proposed position is consistent with the following applicable state, regional and local plana and priorities for economic development. Nesse include the pertinent sections of the respective plan(s) as juatificallon. please explain In detail how this position is compatible with the plan(s): 7 Overall Economic Development Plan — Officially Adopted Jan 19, 2016 KC BOCC ❑ Community Action Plan (or other community -basad plan) — Officially Adopted W1 Other 2009 TIP Strategies 7. How will this position meet the economic development goals of the County and region? The staff members supported by this funding will continue to work on the implementation of the Kitt Co Chamber of Commerce's comprehensive economic development strategy (CEDS) which has been adopted by reference in the County's Comprehensive Plan and Resolution 2016-014. It was also commented on and endorsed by Incorporated cities within Kitiitas County during the county involvement phase of the CEDS. The Kitt Co Chamber c f Commerce is encouraged by the goals that are being referenced in the March 2019 Kitt Cc Comprehensive Plan Draft for the regions Economic Development plans. The staff members supported will work to implement such goals of the County Staff and Board of County Commissioners. 8. Describe arty research your orpanizetlon hoe conducted which shows the need for this position. Please Include Me data upon which your claimp sro bood for our rw4m. A 2009 analysis prepared by T.I.P. Strategies of Austin, Texas concluded that successful economic development efforts in the county would require double the current staffing, or 4 full time positions. If anything, that need is even greater today. Business assistance at the local level has always been critical, which Is why the State Department of Commerce established the ADO designation and the Federal Economic Development Administration formed Economic Development Districts. Another Kitt Co Economic Impact Analysis was completed by Herbert Research Inc. In September of 2010. Both studies reached similar conclusions in that the most eff olive form of business assistance comes from local sources that understand the business environment and know the local development and business regulations. Submit the original application to: Kittitas County Department of Public Works 411 N. Ruby, Suite N1 Ellensburg, WA 98926 Applicant Certification Certification is hereby given that the informadon provided is wcurate and the applicable wachnients are complete and included as part of the application package. I certify that application thresholds are met at the time of application. R CM Sign re of Officid Representative Sponging Agency (If Applicable) Signature of Agency Representative Typed or Printed Name -rlks-kavity Date Date Date Associate Economic Development Organization Notitcation The organization listed below has received notification of this application as demonstrated by the signature of the organization's representative. .....�.r -r /Saw Date Kittitas County Department of Public works Receipt of Application Signature of Kittitas County DPW Representative Typed or Printed Name Date 10 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS DISTRESSED COUNTY INFRASTRUCTURE IMPROVEMENT PROGRAM APPLICATION DUE DAM FY 2020 Distressed Cmmty Sales and Use Tax Application for Economic Development Office Personnel: Applicants are invited to appear at the COG meeting when the project's criteria is reviewe& APPLICATIONS DUE 2020 Am&ation due Date COG MEETING DATES COG Meetings July 15, 2019 ....... ................................................August 2019 COG Meeting **Funding available January 1, 2020 Attachment A (Continued answers to questions) Question 3 cont.: Over the past biennium we have seen continued efforts both in the State and Federal funding for economic development. 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 strengthen businesses throughout Kittitas County. By creating more efficiencies and looking regionally where it make sense, we are able to provide a greater level of service to our business community without causing them any undue burden. Additionally, we have revitalized our relationship with local agencies that will provide support to each other for the purpose of recruitment to the area. Our partnership with Centerfuse, formerly EBDA, we will have additional staff to support in the of forts of attracting businesses to Central Washington. Through that relationship, Foreign Trade Ione partner Port of Moses Lake has now been revived and being put to use to help assist manufacturing companies in our County to defer rising costs of tariffs that become a hardship for companies in Kittitas County. It f Achm er+ t� r10rT# t+ epartment of i Office of Economic Development & Competltl enggs Associate Development Organization Grant Contract Development Template Biennium 2019-2021 - (July 1, 2019 -June 30, 2021 ) *FY20 — (07/0112019 — 06/3012020) FY21 — (07/01/2020 — 06/30/2021) *Fiscal Year = FY Revised (05/28/19) The intent of RCW 43.330.080 'The legislature finds that economic development success requires coordinated state and local efforts. The legislature further finds that economic development happens at the local level. County -designated associate development organizations serve as a networking tool and resource hub for business retention, expansion, and relocation in Washington. Economic development success requires an adequately funded and coordinated state effort and an adequately funded and coordinated local el%rt. The legislature Intends to bolster the partnership between state and local economic development efforts, provide increased funding for local soorgmic development services, and increase local economic development service effectiveness, efficiency, and outcomeC" [2007 c 249 § 1.] Please return the completed template to gdoQMmmerce.wa.gov by June 15, 2019. Once we have your information we Wit develop your c ontrad and send it to you for signature. If you have any questions piease contact Diana Divens at 380-7254187 or ado@commerce.wa.00v "Fiscal Year = FY Revised (05/28/19) Each ADO will enter Projects into the Sales Foroe ADO Portal under the Projects tab. Commeroe WIG use this system of reporting to provide numbers to the Legislature in the Priorities of Government (POG) quarterly reports. ADO —Required Metrics M of Commerce Required Metrics -- Results Washington andloir Leglslathre Repordng for Projects via Salesforce ADO Portal ADO will'Identlfy and describe Projects and buslnesses in the Selesforos ADO portal. Portal will have selections to define the type of business (e.g. recruitment, retention, expenslon. start-ups) will tally totals to report aggregate metrics for the following every quarter to the legislature: • Number of businesses sited, retained, expanded, or startups • Number of jobs created • Number of jobs retained • Amount of investment generated • Average amusl wage of crested jobs (in dollars) • Amount of new state tax dollars generated Please submht the completed template to Diana Divens at: ado0commerce.waxov Also, please remember to attach your Marketing Outline (Marketing Plan) for the biennium. *Fiscal Year= FY Revised (05/28/19) • Number of businesses requesting assistance—Prov4de a target 16 32 for FY20 and FY21. • Number of follow-up EriterimAms with businesses—Provide a 24 48 target FY20 and IFY21. 4. READINESS A CAPACITY BUILDING Readiness & Capacity Building The purpose of readiness and capacity building is to raise the living standards and to improve the quafty of life for all citizens in a community. It is a comprehensive initiative tc improve all aspects of a community's interdependent human infrastructure, social infrastructure and physical irifrastructure. It seeks to build initiatives around shared values, opportunities, problems, threats and conoems, Posibve change begins with creating shared vision that can be transformed into reality by goals, objectives and action plans. It encourages leaders to amid conflicts of interest, seek consensus and disengage from activities #hat might benefit one group or individual at the expense of others, It also Involves consensus building that looks for the best solutions rather than politically expedient or popular It is directed towards increasing a community's leadership capacrty for solving problems. Leaders in community initiatives are shared so that responsibility and commitments are encouraged among broad base of the population_ Leaders work to transform their communities for the better and inspire others to do the some It is and educational process that helps atizen to understand the economrc, social, political, environments and psychological aspects of various solutions. Readiness and capacity budding is focused on action that improves communities by transfomung learning into peribi n ante. Performance Performance Measure Targets Measure Targets FY 20 FY 21 • Number of engagements with other orgaribution and local governments to increase community asseWcapaW Provide a 20 41D target for 1FY20 and FY21. Definition, This counts meetings, events, and contacts with other groups and 'individuals where the purpose is to increase the community's ability to grow and prosper economically • Number of activities involved in within the community Provide a target for FY20 and FY21. 24 48 Definition This includes fans, parades, global entrepreneur week, business plan competitions, farmers markets, seminars, and other structured activities involving the community In which the ADO is involved in planning, ogani¢ing sponsoring or coo -sponsoring *Fiscal Year= FY Revised (05/28/19) • Current Marketing Outline with work items and tiamelirm on file? Enter a"1" for FY20 and FY21(combined). i FY20 and FM 4tjw, r:9zr'Se)ti'.'is-ii :Z` * F'!eas� Ai�i�� �'� �;� i ; r��F f rut! t'~., - �: r.. • • #4i� :tii:'.a7E" �';l�.ii��.J` . �- Y•.�!i e"�,`+i: ! 1 r' . �t)�!:'#R': � i 2, BUSINESS RETENTION & EXPANSION ACT111lTIES: Relerrtion & Expansion — Businesses retention and expansion (BRE) a a cone Program of any economic development plan. These programs are designed to 1) retain or keep existing businesses In the community, and 2) provide assistanoe for businesses to expend. Retention and expansion programs can be implemented at the local, regional and stabs levels in a variety of ways. Some programs might focus on central business districts in downtown areas or on the commercial and industrial areas where many smelt and medium-sized firms compmw a large portion of the employment base. Others may focus on allocating resources to support specific industry or channeling resouroes to support economic dnreredootion strategies. *Fiscal Year= FY Revised (05/28/19) Iaerbrirmrioe Mei nure Targets PM110,vI sine Measure Targets FY 20 FY 21 • Number of outreach interactions initiated with existing 35 40 businesses such as phone calls. site visits, or surveys. Provide s target Mr FY20 and FY21. • Number of follows -up Interactions initiated with existing 20 25 businesses- 9mldo a target for FY20 and FY21. s. BUSINESS ASSISTANCE Buslnees Assletarice (Including sta"ps) Small and emerging businesses generate wealth end provide a signftwu Bounce of employment m today's high technology global economy. They stanulate job creations, develop crucial Innovations in both products and services, and diversely the economic base, It is critical that communities' economic development strategies dedicate resources to developing and promoting new business start-ups and establishing effecthre support systems so these new businesses can grow successfully. A community that meets the needs of its entrepreneurs increases its chances of lob growth within small businesses, and those gains translate Into a more vibrant community. Perfonnanes Performenre Msaswe Msssime Targets Targets FY 20 FY 21 *Fiscal Year= FY Revised (05/28/19) TABLE B ADO - Performance Measures Tsr9 is 2019-2027 Biennium Grant Sc6in of Work County: Klttltas ADO Name: Weltas County Chamber of Commerce FY20 - Fiscal Year 20 runs - (07/01/2019 - 06130/2020) FY21 - Fiscal Year 24 runs - (07/01/2020 - 06/3012021) 1. RECRUITMENT& MARKETING ACTIVITIES Recruitment & Marketing — Business attraction (recruitment and marketing) Is a means of oontributM to the economic vitality of the community to enhance and dwff3iry the local tex base, to iricrease the number of fobs amiable to residents in the community, and to improve the local quality of life. For communities to maintain and boost their economic vitality, they must persuade businesses or investors to locate, expand or remain in the area rather than in a competing location, Economic development marketing and attraction is not just selling business sites or attracting businesses, it is a means of promoting the community as a viable location for economic activity. Marketing techniques to reach targeted audience and attract potential investors could include advertising (e.g.,, electronic media, mailings, catalogs, magazine or crews Inserts or supplements, directories, billboards. broadcasts (reft, television commercials, online advertwing)); publicity (a-g., press kits, public official speeches, crews releases, public relations), promotional materials (e.g., trade exhibits, economic development nawslelters, slWe and video presentations, brochures, fact books, webeites); direct mail (e g., letters, e-mail, postcards, brochures); personal selling (e.g., trade fairs, trade shows, business envoys, events), email (e.g., electronic newsletters, event invitations: announcements, links to your website for prospects); social media (e-g., Facebook Linkedln) Performance Manure Per[ormance Targefs Measure Targets FY20 FY21 • Number of businesses contacts in&A d, site selector contacts 10 15 milliated and trade shows attended - Provide a target for FY20 and FY21. Definition, The contacts should be unique or first-time oontiscts during the grant year. Follow-up or repeat conteds throughout the year should not be included in the count Web site hits should not be included in tine count Performance Measure T *Flscal Year = FY Revised (05/28/19) PnwAding or fadlltong the provision of =wort aealabnce through workshops or one -on -ons eaaistance ii�':1: ; �: tif!: �.�•I N'fii ii: l%ir�; i!. �. •si �11'� i;:' . `�+lri:t We wr7V continue to work closely w*i ori local s)grart+ara, prfm&* h9y companies, and seek to adairess the doftnges they low WE eN also continue cite -ons budness v1sJlW16n and round itabAn wM eWsd oflkl A Pot+enilhl exporfers and the Pdrft of Seatt and Tacoma to Ilde Wfy needg barriers and potWM a► sakftn to obsiaobe pmventi V g mwth Links to resouraw wilf be provided an ore' m9mVe and GOAD nue iD providle referrals ib commerce, SBDC aft 8. Support for regional economlo research and regional planning afilorls to implement target industry sector strategies and other economic development strato No, including cluster6based s&eftles. RMNiarch and planning efforts should support increased living standards and Increased foreign detect investrneret, and be aligned with the statewide economic development strategy. Regional associate development organimbons ruin their mdeperdenoe to address local concerns and goals. Acbvities include: PsrgaValting with the state board for community and technical colleges as created In ROW 210.80.0501 and any community end bchnlad colleges in the coordination of the lob skills training program and the ousiomized training program within tits region i s�SA! "d -f, Jr•L' Si !�` , •'17x1 `�J.'zri :�.', : LC _ i "qi ii•+f i;f.: f .'S:i•r '. ,' �: `h. =i . We will continue working with the South Central Worldoros D mWopment Council, Central Washington University and Yakima Valley Commundy College along with the Ellensburg School District, Kittites School Drat, Thorp School D[etrict and Cie EluwRoslyn School District to integrate CTE Programs In the region We refer leads and coordinate iMroduchons to pule and programs for businesses and for workforce needs. Partlolpab in development of a awff , Ide econornic development plan In conjunction with other governmental jurisdictions and institutions ''�l:t:fr,'•: i;. J •ii" �'.'•r;I'i�!Ff... JL`YF.'1?ffW JIF. i .. .:� �., .0-lnTv ':: .r.r, yJ . "i ' h ! . t : :Lct. 'I'+j. irl" s7:.:r:• i:.rr' . .: V?' S,: r'i "�l• iii We will continue our extensive engagement in the cement comprehensive pian revision of Kittitas County, City of Ellensburg. City of Cie Elum, and City of Roslyn. We will seek to make those plans more open to business development and growth. and will seek to neat changing needs. The coordinaUcin of the county wWa strategies in our current economic development plan, as well as other regional planning efforts by project managing or participating In the processes. -- *Fiscal Year= FY Revised (05/28/19) Marketing Washington and local areas as excellent locations to expand or relocate a business and positioning Washington as a globally oompetihve place to grow business. which may include developing and executing regional plans to attract companies from out of state. 1 ' lk' F i, ��• i N.r �a :: "J,^.f 1• il'Jf: J('J' im'� yr' �'hr:;f.'ft=•4 .:: i!'+:vKiti •'IlL�1?S�l:l 'i..r •F'. ■.J .ti.:l rr: Y �:J' .i�J{; ;4 ( Yr' q!I�.i ! a � , ♦ 41: r •t i , We will pmvide the information through our website, brochures, social media campaigns, partnerships with site seieclbom and similar organizations that promote Washington State and the Kittitas County, and at trade shows and other stakeholder meetings Regionally via have developed the Central Washington Economic Development District in coordination with the Yakima County Development Association Additionally, we are included in FTZ OMS with the Port of Mases Lake. which will help support the promotion of manuracturing businesses in Washington State Working with businesses on site location and selection asshitance .:.'�..:'':�!:r i"•'l.•�., l+r'. .7..i'+i 1.'�r': �.f.:'iJti:... �1:- Vin. eP i�!�i',..;: .,;�'.-'.rr'�i; We keep an Inventory of evelable property odes and their dwacbriefts, provided by our reel estate percners. We also comple utilities, demographic, workfare, tax, permitting and Oomrurndy wdomietion that is shared wdh moreshad pathos in person, via email and mad as requested Custamaed inror nation wdl be provided based onto needs or the prospixk" businesses. Providing business retention and Mansion services throughout the county Such services must include, but are not limited to, business outreach and mondonng efforts to identify and address challenges and opportunities faced by businesses, assistance to trade impacted businesses in applying for grants from the federal trade adjustment assistance for firms program, and the provision or information to busmesim on • Resources available for micr ientorprize development. • Resources available on the revitalization of commercial di kKft • The opportunity to maintain lobs through shared work programs authorized under chapter RCW iJ"i,r'�ih' %rt:r'#,'s•_.. l:F'•l�'•:;4':rF. S•J��YsFt: �Y!�Ci'. iJi�)1 i'/�11 t:kl�'S/!:�f�... tj,•;`� .d; G f/�'f':%X!�i'.•`:i tr'�• ^,rD,Cr" We will continue to meet with local businesses and conduct periodic surveys to identity business trends, challenges, and opportunities. WE vinll employ existing close ties (as a chamber of commerce) wdh local businesses to identify trade impacted businesses and top provide assistance. To assist microenterprise development, we will provide links an our webske and through personal introductions to organization that offer such assistance Including the Department of Commerce, Washington State Miamenterprise Association, Ellensburg Business Development Authority, SEDC etc.. Engagement with TIB. CERB, tim local downtown association and other commerce programs will assist local communi GS with revItallzation of commercial distracts. Job share programs will be highlighted in social media, websites, email newsletters, at event with follow up to interested parties and conned them to the available resources. Par llcipating In economic development stem -wide dismselons regarding gaps in business start-up assistance In Washington, G'rs `!i`7 !�i:' :')!J v�: ::+lf s.'7.`::1: -+.`�' ,;7RJ� '!` lr:t. ,i{'E";:•s 3i 1•_ •::!; ��:r;' {�.':}A We w#1 spend ADO rneedngs, &yiasrly ht/EDA can0erence4 PedwOole rM h oWaftirs and conftnue to man Fwward wdh the CenbW WavfilrWm Ecmww Devok pment Dkibld wadi Yakan Couri(r Dowkpnwnt AesomUm and Punt of Moses Laker'. *Fiscal Year c FY Revised (05/28%19) Business Pian Each ADO will describe their business plan and how it meets legislative reporting requirements which represents Mo broad areas of work, direct assistance and support for regional economic research and regional planning. TABLE A ADO Business Plan Reporting ObOgations 2019-2021 Biennium County: Kittites Q Name: KN tas County Chamber of Commerce I . Direct asr3islance, Including business planning, tD comparuee throughout the county who need Support to stay in business, expand, or rebcata to Washington from out of state or other countries, Aas"istance must comply with kwineas recruitment and retention protocols established m RCW 43.330.06 , and includes: orking with the appropriate partners throughout the county including, but not limited t% local governments, workforce development councds, port districts, community and technical Wages and higher education instrtuhons, export aiesistence providers, impact Washington, the Washington state quality award council, small business assistance programs, innovation partnership zones, and other federal, elate, and local programs to fadihate the alignment of planning efforts and the seamiess delivery of business support services wdhln the entire county, �ln "i":If L'Srl% vfJrg 1r�o� �., f-t�'•{•1 '.:� ;�bf`%ii 5, {SIl,.. ,:;, .:yej7:�-.., pis �, t. r.. } r+ int' .,f �'•r" Wb wi N continue dnd pato pilon m current KOW Cour(! Crly of Effisnaburg, Cir of RiD*4% Cid► cf ICrtdtas and Clay of Cie Elam cauriyorefaenslve plan revwons Also, vire wry ricarpanala those pkM oft mes> w with cu rpartrier at kkncicx ft but not 1Nnllied tq cNy and county local govemmank Central ftdWoon UnhnarW, SISDC, Cental WaslicWtorn E=aomre Development DvsM Washington State► Depwfinent of Commerce, Puget Sound EraaW, IQflllas Connate ConservOo n Dir Wt WSU Extension, and ofTiae of Economic Dembpwnt EHena6ug Buairwas Deevelopmerd Authority, Downtown Assodegavas and Meat Streetprograms} soclfaf awvx es provWrs, arsmunding Part Di Kck and private sector busrnessea l mWc ing Information on state and local penntiting processes, tax issues, export assist m, wtd other essential information for operating, expanding, or locating a business in Washington. We provide this knlbrmefib n dwough our webeft Wath *&of hnks for do caftipm AWed above, as wsN as wo MftafmalaMsmouroffice In addhon we wN prowde public ou&em* via amat, news ardklesl social media, and prasentabons at avant and at mee ft of service organ s (Rdery, Kt nils), elided oMmft and commw* atakahoidera *Fiscal Year= FY Revised (05/28/19) Attachment A — Scope of Work A. Required reporting by ADOs on performance measures listed below represent two broad areas of work mandated by statute RCW 43.330.Qt3U • Direct assistance, including business planning, to companies throughout the county who need support to stay in business, expand, or relocate to Washington from out of stare or other countries. Assistance must comply with business recruitment and retention protioc:ois established in RCW 43.330.052. Support for regional economic research and regional planning efforts to implement target Industry sector strategies and other economic development strategies, including cluster -based strategies. Research and planning efforts should support increased living standards and Increased foreign direct investment, and be aligned with the statewide economic development strategy. Regional associate development organizations retain their independence to address local concerns and goals. 2. Deliverables: A. The GRANTEE will describe to COMMERCE their business pian as outlined in Table A. B. The GRANTEE and COMMERCE have negotiated the required GRANT performance measures that will be used by the GRANTEE and COMMERCE to annually assess GRANTEE performance. These performance measure targets are identified in Column (A) in Table B below. These performance measures are specific deliverables under this GRANT. Q The GRANTEE shall collect data and using the web -based information system provided by COMMERCE, provide quarterly reports on all required data in Table B below Performance Measures and Table C Outcomes below. These reports are a GRANT deliverable. D. Only those activities identlfled in Table B "Perlbrmance Measure Targets" in "Column K will be used by the GRANTEE and COMMERCE to assess achievement of `Perfornance Measure Tergal. E. Summary of Best Practices Sheered and Implemented by the contracting organizations. Annual reports must include the information to straw the contracting organizatlan's impact on employment and overall changes in employment Quaftft Reports will be outifnittod b toll n October 1 S. 2019 January 15, 2020 April 18, 2020 July 9, 2020 Summary of Bed Cas S and Implemented submiltwd by the following ate: July 9, 2020 *Fiscal Year = FY Revised (05/28/19) Grantee Information Grant recipient name (organization) I Kittitas County Chamber of Commerce Grant recipient name - Doing Business as W if applicable n/a Grant Redplent UBI number 801133921 Grant recipient fiscal year end date - month/date - examplel2131 17!31 Grant recipient mailing address 809 N Main Streets; Ellensburg WA 98928 Grant recipient physical address 809 N Main Street; Ellensburg WA 98928 Grant recipient representative name and title Amy McGuffin, CEO Grant recipient representative phone number 509.925.2002 , Grant recipient representative e-mail address amy@kittftascountychamber.com Name of person authorized to sign contract Title of person authorized to sign contract Amy McGuffin CEO Email of the person authorized to sign contract amy@klttitascountychamber.cam Name of the contact person within your organization for financial Information: person submitting on-line A-19 requests and Match reports Amy MaGuf ln, CEO Phone number of contact person for financial information 509.825.20x2 ext 27 Name of person(s) and email address you would like on our e-mail distribution list Amy McGuffin, CEO amy@kitiitasoountychamber,com List the Tr1be(s) you are working with in your county Yakama Notion *Fiscal Year= FY Revised (05/28/19) The contract development templaW is designed to provide Commerce the Information required to negotiate a oontrect with each ADO. The template includes the following: Grantee Information Page t Scope of Worm, Attachment A Table A Business Plan t Table B Performance Measure Targets Q Table C Results Washington Metrics *Fiscal Year= FY Revised (05/28/19) AKa(+m.ein f C Chamber of Commerce of Kittitas County Economic Development— Marketing Outline 2020/2021 This pian is structured to fulfill the requirements of our ADO contract with the Washington State Department of Commerce and personnel funding from .09 county funding. Priority has been given to the action items outlined in our departmental work plan that are "next steps" in the implementation of the TIP Strategies Report and feasible to accomplish with existing budget and stag The ADO requirements take time equivalence of one staff person to fulfill. "Our Mission is to provide active leadership and achieve measurable results by creating a business climate that supports job creation, business recruitment, retention and expansion which increases the tax base and supports family wage employment.' Marketing Plan Basis "1 want a diverse and vibrant economy in Kittitas County" • Partnerships • Sustainable Family Wage ]obs + Economic Vitality • Tourism • Economic Diversity + Infrastructure Funding Goal 1. Recruitment of Professional Service Businesses to Klttitas County Research lists of professional service associations and contact their members about the opportunities available for business in Kittitas County. Develop a recruitment brochure that can be customized to target specific industries. Redesign website including a streamlined business startup resource page. Utilize DOC template and customize when responding to recruitment opportunity announcements. Respond to all recruitment opportunities from DOC that are applicable to Kittitas County. Maintain file of all recruitment opportunity announcements to determine gaps In service that are feasible to address. +► Assist clients with pre -permitting and permitting process and obtaining appropriate licenses. • Maintain an Inventory of available properties, Infrastructure: Power, Sewer, Water, and Natural Gas, cable, Utilities, Broadband, Redundancy, Fiber and demographics. • Participate and invest in regional economic develop marketing efforts with organizations such as WEDA, AWC, AWB. Goal 2. Provide Assistance to our existing Kittitas County Businesses to help maintain and create employment. • Conduct 10 business visitations per month giving priority focus to tier two businesses. Visitations will be conducted to assess, workforce needs, gaps in service along with any issues businesses are facing with state and local government. This information will be used to determine next steps order to grow their employment base and expand. • Promote NKLevel Course and Enterprise Challenge. • Meet with businesses at their request to discuss their pians, needs and concerns. • Track grant and continuing education opportunities. Compile a list of traditional and non-traditional financing sources. Maintain a list of business incentives. • Create a list of referral resources (Center for Economic Vitality, SBA, SCORE, and Workforce). Publicize labor resources. • Coordinate with Membership Services to send business assistance Invites/outreach to new members. Create leave -behind brochure outlining services and resources. Goal 3. Foster a common vilsion and collaboration • Establish regular meetings with City Manager, Elected Officials, Business Leaders, Partner organizations such as EDA, Work Source, CWU, DOC, SORE, WEDA, SBA, South Central Workforce Council. • Re-establish Partners' Luncheons to discuss what is happening with the various major employers, associations, municipalities, and county. Luncheons will Include Downtown Association, KVCH, School Superintendents, a City Council Member from all incorporated cities, a Commissioner, Work Source, Roslyn Revitalization, etc. Send our newsletter to all partner organizations and invite submission of content. Provide legislative agenda and work with AWC and AWB on legislative issues specific to Cities. Promote existing assets throughout the county and marketing messages for the county to help encourage the branding and messaging for the sense of place. Goal 4. Assist start-up businesses and entrepreneur to ensure their success. Create and Maintain Inventory of existing businesses and industries Maintain a Reference library and business resource inventory. + Utilize CEV Industry Snapshots as a component of outreach activity. • Create a list of referral resources (Center for Economic Vitality, SBA, SCORE, and Workforce). • Assist business start-ups with business planning, marketing and financial planning. • Help prepare business for financing. Establish business start-up workshop series through CRAFTS. Work to establish entrepreneurial/start-up program for Women & Minority Businesses. Use social media to communicate relevant and timely information that supports economic development mission. o Ribbon Cuttings, business—related events, shop local program. a Eblasts to businesses with relevant info for business owners, like projects, funding resources, labor resources, training, etc. Assoclate Development Organization Cer[ification/Designation Form (For use by County officials.) afFirmsl designates the Mil * S X00 04 (Name of County} (Name of ADO) as the Associate Development Organization to coordinate economic development services for the county under contract with the Washington State Department of Commence. Consletent with statutory requirements: 1. LEE The prospective ADO is a non -pre ft organization. OR A public entity that has formed an authority or committee with full operating authority to cavy 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 actlonslplansfexpenses. 2. Economic development Is the primary mission of the prospecWe ADO, and not just a secondary activity. This can be demonstrated with a written mission statement In a brochure, web -page, newsletter, etc. It may also be documented in the organizatlon's by-laws. 3. For economic interests In the county, this organization serves as a networidng tool and resource hub for business retention, expansion, and relocation In Washington. 4. This organization haaMll have the capacity during the perfod under contract with Commerce to carryout work activities as detailed in RCW 43.330.080 This designation Is effective on the date signed below, and shall remain in effect for the 2019- 2021 01S-•2021 biennium (07!011201846/3012021). Please provide documentation of the County executive or governing body's action designating the above4clentified organization as -r Signature Print Name Title Date PLEASE SUBMIT THIS FORM AND DOCUMENTAMN TO: Diana Divans, Contracts Coordinator Office of Boonomic Development and Competillveness Washington State Department of Commerce Post Office Box 42525 Olympia, WA 985042525 380-725-4187 Reviead (04/04/19) 4&3&Loft COO Of aOAO� � sconondc Qot� Mt serer -Iva iw g"me of R �1�+0 � �� &W �ny"de+ad ire °Mane eo ammurAlsi or ngimW enaes, thearsrb t � aavbW In -��piaraiiaraa mwsr OM ba.dl nWM@ar,m„u of aD !► and eoanornic ; �kbrdtd gW � !8PWd� abA "Powm dm (j1) Mb* dae* wlh ffw *pwW.g mo ..Y.Waft-!de �; ��ed� pFkwp C wbrli wiif grid � d*Mm of co mwmk �tWrecde, Mw "4]k apprep'Ide prhva* paft or narpme oars erb� tc �dd'i°r' incl yew. �io1 P�iioes wlb amber aerociree dsy�lop�rd mo@nWftn at leant wro tbfs tart arse ""der ria p�r�a:a r�q�rrad in {e) � b* �sor, ,awl i�rd�d�e 44PW b ftin b d mit b vb the =a* gho r anti wmmkioa burin n nstrn and mon "=at�b RM w VA"ft wteh ft j� �� � PM ifae gip' O lel ft QmWOmd muna ar v a OftOwd impart �Yirf d Of b`ObOlis SLPpW larvkm ftgbft ft = or 40vay ami �kr 4!e and 1paal psrr , tent , a� ,W pooftft ft ar 1otaHtfrg a Mmom s in VYleehi gbm% (C) W4aWrlplart and fOCerl arose di maoftd s b 4nd e�netxit�^p P� � bm ftg & kwaa ►t0 (D) YMcrlt� wlbh kmnOSM an alfa for om anti ae aeai*Woe; (E)P'M*iVbu&hq=roWnkbn h hak but we not kL%d bu* rs and13 ft O°�4'• S aerrioas muse b0sdar�os b bade iapaca p b to s am � a Wm for Rmw Pin, and the pry of rn)PANNXmc" Ovakv*anonrevner4momofconwnafcW&&W; OW f rrae'ta Owed warts pro8ranir UP ��y�VW; develapm�nt cl8cul8kM regordOg 9" In buskmm atsrt. (6) Pmvkft aubkr4W. and or havoft the flan ofexlaubw= tMtuph wrarfafrops or ar*.or�.arve oM wd nd "MUD lb him* dab anbuNr�es rte, �) awport for rieoiorra( ea nmk grid mObW dip etorte b Wraoo*;r a be aknod wo thwm e eoar = aril baanra.ea d ��WO d% In � brb me d� irn�mm. c? led mobx twig oyaft mint rrrdrrd, hart rat be 6rrdtsd lo, to kXkmby at+stara In to (0) PartiaOOV wfth ft suis board rar mm i x* SW.,2ELOM id w --Mdh ROW Pfcgmm WW ft� WWW wbf leH °0p ^ of the job sW ftkft (C) Co m*M rand M=ft de are Wedbd by the wnkl r9 vN the dsperrombssamn nt far O]Ob rric W• The dWava" must MMM wo t#te UUdssfdr stole Dd owd M holy asic�rt * !fw �ur Orm b b wrxW a deli of � slilQli G SMI. grid stale � �eridruwt fn eiarr w8h atherlbq�►, and oom pm oir k*ftw (D) ti em*xwom *,!halter po�� end dewsloPrnerd of a counbw b o per, cor si�wlVt �Ih the forecartorntc detretaprrtsN d by the �t aim ocar anentvnowswr pkn but not The dWm*Wg lledmust prowls bra>irtess esrvtoss to the =*--Ihg wWftft%k t �� of import =MOM and the ata k m private OW pvvmm In to ow am j7)( N1KE tnwfto ft m of s Ior� acrd e e P012 c 166 § 1; 2011 c 2W § 2:20M c 16111a 2007 c 240 § Z 1587 c 90 S 1;1985 c 290 § 11.] A Him'er)t -6 LT -2019 -01 -PSA -CHAMBER OF COMMERCE PROFESSIONAL SERVICES AGREEMENT This Agreement dated as of January 01, 2019 is made by and between Kittitas County (hereinafter "the County') and Kittitas County Chamber of Commence (hereinafter "Contractor"). The County and Contractor agree as follows: General Conditions; Attachment #01 (Lodging Tax Application) Exhibit A (Scope of Work); Exhibit B (Metrics/Deliverables); Exhibit C (Budget). copies of which are attached hereto and incorporated herein by this reference as fully as if set forth herein. The term of this Agreement shag commence on the 1'd day of January, 2019, and end on the 319t Day of December 2019. Any party may terminate this Agreement by giving thirty (30) days notice in writing either personally delivered or mailed postage - prepaid by certified mail, return receipt requested, to the party's last known address for the purposes of giving notice under this paragraph. Contractor acknowledges and by signing this Agreement agrees that the Indemnification provisions set forth in Paragraphs 7 (Independent Contractor), 9 (Tares), 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 LT -2019 -01 -PSA -CHAMBER OF COMMERCE It j WITNESS WHEREOF, the parties have executed this Agreement this 5*1 day &JIMN019. Kittitas County Chamber of Commerce HIMil'CY. rr.t r APPROVED: BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON GbTyVnght, Chairman �f Britt Wachsmttl% VIc6-Chairman ABSENT Laura Osiadacz, Commissioner 1!41111,,,,,,',, ..A-- off �• y s ,Oard "'�fi t' Approved as to Form: By: Deputy Prosecuting Attorney Contractor Address: County's Address: Kittitas County Chamber of Commerce Kittitas County 609 North Main Street 205 West 5t' Avenue, Suite 108 Ellensburg, WA 98926 Ellensburg, WA 98926 Professional 5evices Agreement Page 2 Project Contacts: Amy McGuffin Chamber of Commeme Professional Services Agreement Page 3 LT -2018 -01 -PSA -CHAMBER OF COMMERCE Project Contacts; Laura Osiadacz, County Commissioner Judy Pless, Budget & Finance Manager Kil#itas County LT -2019 -01 -PSA -CHAMBER OF COMMERCE GENERAL CONDITIONS 1. Scove of Contractors Services: Contractor agrees to provide to the County services and any materials set forth in the project narrative identified in Attachment "A" during the Agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. 2. Performance of Work: Contractor shall perform work in accordance with, and shall comply with, all of the provisions of this Agreement. All work shall comply with applicable codes and ordinances. 3. Schedule of Performance: Unless directed otherwise by the County, Contractor shall perform the work in accordance with any schedules made a part of this Agreement. 4. tuitions: 4.1 "Additional Insured's" means the County, its successors and assigns, and the respective directors, officers, employees, agents and representatives of the County and its successors and assigns. 4.2 Support" means the following. Contractor's directors, officers, employees, agents and representatives; and sub -Contractors of any tier, the respective directors, officers, employees, agents and representatives of these sub - Contractors of any tier; and any other person or entity acting under the direction or control of, or on behalf of, Contractor or any Contractor's sub - Contractors of any tier in connection with or incident to the performance of the Work or this Agreement. 4.3 The "Worm' means all of the duties listed in Exhibit A and the performance of all other obligations, under this Agreement by Contractor or its Support. a. Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "C". Where Exhibit "C" requires payments by the County, payment shall be based upon billings, supported unless otherwise provided in Exhibit "C", by documentation of units of work actually performed and amounts earned, including where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested. Unless specifically stated in Exhibit "C" or approved in writing in advanoe by the Kittitas County Board of Commissioners, the County will not Professional Services Agreement Page 4 LT -201 9-01 -PSA-CHAMBER OF COMMERCE reimburse the Contractor for any costs or expenses incurred by the Contractor in performance of this Agreement. 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 Contractorws service pursuant to the The schedule set forth in Exhibit "Cu. B. 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 all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent Contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "C" and the Contractor is not entitled to any County benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to Kittitas County employees. Contractor will defend, indemnify and hold harmless the County, its Additional Insured's, officers, agents or employees from any loss or expense, including but not limited to settlements, judgments, setoffs, attorneys' flees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. B. 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 shall 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 future. 9. Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to make withholding for any taxes other than income taxes Q.e. Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Professional Services Agreement Page 5 LT -2019 -01 -PSA -CHAMBER OF COMMERCE Contractor's performance of this Agreement The Contractor hereby agrees to indemnity the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes including, but not limited to: Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 10. Regulations and Requirement: This Agreement shall be subject to all laws, rules and regulations of the United States of America, and State of Washington, and political subdivisions of the State of Washington, and to any other provisions set forth herein or in the attached exhibits. 11. Right to Review: This contract is subject to review by any Federal or State auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the County. Such review may occur with or without notice, and may include, but is not limited to, on-site inspection by County agents or employees, inspection of 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 and records relating to the performance of work under this Agreement for fi years after contract termination, and shall make them available for such review, within Kittitas County, State of Washington, upon request. 12. Modifications: 12.1 Either party may request changes in the Agreement. Any and all agreed modifications shall be in writing, signed by each of the parties. 12.2 The County may, at any time, by written notice thereof to Contractor `Change Notice') makes changes in the Work within the general scope of this Agreement, including, but not limited to: (a) changes in, revisions to, substitutions for, additions to or deletions of any Work; (b) changes in schedule; and (c) acceleration, deceleration or suspension of performance of any Work. 12.3 If any change in the Work causes an increase or decrease on Contractor's cost of, or the time required for, performance of the Work, an equitable adjustment in the compensation to Contractor and in the schedule for the Prafessionsl Services Agreement Page 6 LT -2019 -01 -PSA -CHAMBER OF COMMERCE performance of the Work shall be made to reflect such an increase or decrease. 12.4 Notwithstanding any dispute or delay in arriving at a mutually acceptable equitable adjustment, Contractor shall proceed in accordance with all Change Notices. Contractor must, within thirty (30) days after receipt of any Change Notice that does not set forth any acceptable adjustment, submit to the County a written statement setting forth any adjustment claimed. 12.5 If any change results in a decrease in the Work performed, Contractor shall be entitled to compensation associated with changing the Work, such as revising design already completed, revising calculations already performed, and revising documents. 13. Termination for 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, terminate the Agreement, and at the County's option, obtain performance of the work elsewhere, if the Agreement is terminated for default, the Contractor shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incunned 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 partles shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. 14. Termination far 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 Professional Services Agreement Page 7 LT -2019 -01 -PSA -CHAMBER OF COMMERCE 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 & Indemn regiment: The Contractor agrees to and shall defend, indemnify and hold harmless the County, its Additional Insured's, appointed and elective officers, agents and employees, from and against all loss or expense, including but not limited to judgments, settlements, attorneys fees and costs by reason of any and all Bairns and demands upon the County, its Additional Insureds, its elected or appointed officials, agents, or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its sub -Contractors, its elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County, its Additional Insured's, appointed or elected officials, agents, or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 16. Industrial Insurance Waives: With respect to the performance of this Agreement and as to claims against the County, fts Additional Insured's, officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this Agreement 17. Venue and Choirs of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terns 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 Kittites. This Agreement shall be governed by the law of the State of Washington. 18. Wit holding Payme: In the event the Contractor has failed to perform any obligation to be performed by the Contractor under this Agreement within the time set forth in this Agreement, then the County may, upon written notice, withhold all monies due and payable to Contractor, without penalty, until such failure to perform is cured or otherwise adjudicated. 19. Futurg Non Allocation of Funds: Professional Services Agreement Page 8 LT -2019 -01 -PSA -CHAMBER OF COMMERCE If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the County will not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. No penalty or expense shall accrue to the County in the event this provision applies. 20. Contractor Commitments. Warranties and Representations: The Contractor represents and warrants to the County as follows: 20.1 The Contractor is duly incorporated, validly existing and in good standing under the laws of the State of Washington, and has all requisite corporate power and authority to enter into and to perform its obligations under this Agreement. 20.2 The Contractor has the authority to execute this Agreement, to make the representations and warranties set forth in it and to perform the obligations of the Contractor under this Agreement in accordance with its terms. 20.3 This Agreement has been validly executed by an authorized representative of the Contractor and constitutes a valid and legally binding and enforceable obligation of Contractor. 20.4 The Contractor has or will obtain prior to the commencement date such licenses, permits and other authorizations from federal, state and other governmental authorities, as are necessary for the performance of its obligations under this Agreement. 20.5 The Contractor Is not in violation of any applicable law, ordinance or regulation the consequence of which will or may materially affect 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/Cooyrioht Infrinaement: Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County; to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright, The Contractor will pay those costs and damages attributable to any such claims that are finally awarded Professional Services Agreement Page 9 LT -20119 -01 -PSA -CHAMBER OF COMMERCE against the County in any action. Such defense and payments are conditioned upon the follo+Mng: 21A Contractor shall be notified promptly in writing by County of any notice of such claim. 21.2 Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement is made, provided no reduction in performance or loss results to the County. 22. Disputes: 22.1 General Differences between the Contractor and the County, arising under and by virtue of the Agreement Documents shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, instructions, and decisions of the Kittitas County Commissioners shall be final and conclusive. 22.2 Notice of Potential Claims The Contractor 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 woric performed, labor and material used, and all costs and additional time claimed to be additional. 22.3. Detailed Clai 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. Profienionat 5ervicm Agreement Page 10 LT -2019 -01 -PSA -CHAMBER OF COMMERCE 23. Ownership of Items 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. Confidential i : The Contractor, its employees, sub -Contractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the Kitt tas 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 Insured's, officials, agents or employees from all loss or expense, including, but not limited to settlements, judgments, setoffs, attorneys' flees and costs resulting from Contractor's breach of this provision. 25. Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, notice shall be given by the Contractor to the department head of the department for whom services are rendered, and to the Kittitas County Commissioners, 205 W 5th Ave, Suite 108, Ellensburg, WA 98926. Notice to the Contractor for all purposes under this Agreement shall be given to the address reflected on the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid. 26. Severability: If any 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 walver or relinquishment to any extent of its right to assert or rely upon any such provisions, rights or remedies in that or any other instance; rather the same shall be and remain in full force and effect. 27.2 This Agreement embodies the entire Agreement between the County and Contractor, and supersedes any and all prior agreements, regarding the Work. No change, amendment or modification of any provisions of this Pmfessianel Servicas Agre ment Page 11 LT -2019 -01 -PSA -CHAMBER OF COMMERCE Agreement snail 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. 274 The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. 28. Waiver: Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No terms or conditions of this Agreement shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 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 The County is an equal opportunity employer. 30.2 Nondiscrimination in Em In ent 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 erisure 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 aeon 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 far training including Professional Services Agreement Page 12 LT -204g -01 -PSA -CHAMBER OF COMMERCE apprenticeships. The Contractor shall take such action with respect tc this Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment. 30.3 Nondiscrimination in Services The Contractor will not discriminate against any reciplent of any services or benefits provided for in this Agreement on the grounds of race, creed, color, national origin, sex, sexual orientation, marital status, age or the presence of any sensory, mental or physical handicap. 30.4 If any assignment and/or subcontracting has been authorized by the County, said assignment or subcontract shall include appropriate safeguards against discrimination. The Contractor shall take such action as may be required to ensure full compliance with the provisions in the immediately preceding paragraphs herein. 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 govemmerd 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. 32. Insurance: The Contractor shall secure and maintain in effect at all times during performance of the Work such insurance as will protect Contractor, its Support and the Additional Insured's from all claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury (ncluding death) or property damage that may result from performance of the work or this Agreement, whether such performance is by Contractor or any of its Support. Professional Services Agreement Page 13 LT -2019.01 -PSA -CHAMBER OF COMMERCE All insurance shall be issued by companies admitted to do business in the State of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best's Reports unless otherwise approved by the County. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC, The Contractor shall provide proof of insurance for: 1) Commercial General Liability Insurance. Coverage limits not less than: $1,000,000 per occurrence per project • $2,000,000 general aggregate • $1,000,000 products & completed operations aggregate • $1,000,000 personal and advertising injury, each offense ■ Certificate Holder — Kittitas County ■ The Certificate must name the County as additional insured as defined in the Agreement Sixty (60) days written notice to the County of cancellation of the insurance policy. 2) Stop Ga Em to ers Liabili Coverage limits not less than: $1,000,000 each accident $1,000,000 disease — policy limit .$1,000,000 disease —each employee Thirty (30) days written notice to the County of cancellation of the insurance policy. 3) Commercial, Automobile Liability Insurance. Automobile Liability for owned, non -owned, hired, and leased vehicles, with an MCS 90 endorsement and a CA 9946 endorsement attached if 'pollutants' are to be transported. Coverage limits not less than: e $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 bylaw. Professional Services Agreement Page 14 LT -2019 -01 -PSA -CHAMBER OF COMMERCE Contractor shall fumish 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 nights 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 Kltdtas 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 1s LT -2019 -01 -PSA -CHAMBER OF COMMERCE EXHIBIT W SCOPE OF WORK In addition to providing all material and labor, the Contractor shall perform the foilowing: See Exhibit A —Scope of Work in Attachment #01, the 2019 Kittitas County Lodging Tax Grant Application Packet Professional 3eMose Agreement Page 16 LT -2019 -01 -PSA -CHAMBER OF COMMERCE EXHIBIT "B" METRICS FOR EVALUATION DELIVERABLES See Exhibit B — Metrics for Evaluation/Deliverables in Attachment #01, the 2019 Kittitas County Lodging Tax Grant Application Packet Professional Serviom Agreement Page 17 LT -2019 -01 -PSA -CHAMBER OF COMMERCE EXHIBIT "C" BUDGET OPTION C-2019 As full compensatlon for satisfactory performance of the work, the County shall pay Contrador compensation not to exceed: up to $249,316.00. See Exhibit B — Budget in Attachment #01, the 2019 Kittitas County Lodging Tax Grant Application Packet Professional-ServicesAgreement Page I$ ATTROMEN1100 2019 Kittitas County Lodging Tag Grant Application Packet 2019 KITTITAS COUNTY LODGING TAX GRANT APPLICATION FOR TOURISM Applicant Information Organization Name: KITTITAS COUNTY CHAMBER OF COMMERCE Organization Mailing & Physical Address: 609 N MAIN STREET ELLENSBURG 95926 Organization Contact Person and Title: AMY MCGUFFIN, CEO Organization/Contact Phone: 50 5.2002 Email: Aw—&crrrrrascouwryammmC1)M Fax: We Preferred days and hours to calUcontact: MONDAY — FRIDAY SA -5P Organization Website: CENTRALWASHINGTONCOLOR.COM Federal Tax ID Number. 91-0210430 UBI Number: 601133921 Organization is u Government Entity 0 501(c) 3 X 501(c) 6 0 Other Year's organization has been involved in tourism promotion in the Kittitas County: Intensively since 2000. Fundine Request Detail 1. 2019 Kittitas County Lodging Tax Funding Request: up to $249,316.00 2. Identify the specific tourism audienceimarket located more than SQ miles f m the County that your organization will target with these finds: Being in Centra.] Washington we have the abilb to draw from at least an hour mm in all directions: Wenatchee Chelan, Okanogan. Osyoos Canada, Spokane, Coeur d'Alene, Sandpoint. Kell2gg, Pullman. Lewiston, Tri -Cities, The Dalles, Portland. Tacoma,'Yelm, Lacey, Seattle Metro, Bellevue. Bqllingham, Mt Vernon, and Vancouver Canada Our interestrg aups are outdoor recreatiom historic and educational, festival and event specific activities, sports. Resort Get -a -ways and Just simply weather related get -a -ways 3. Describe in detail the tourism promotion activities that will be performed or provided with the funding request above, that specifically target the tourism audiencehnarket listed in #2: In comuniction with county promotions we will promote creat weather, activities such as hikms il�ldng iishi�� huntinhunting, wildlife viewing— scenic drives, festivals, evecrts, downtown destination shopasi s and other active activities that our area and our dowrnowns provide. We have found over the put ym that simplythe 1if le that the communities is a draw to VoLle who are looldng to get away from their residences. This -will help us with messaeft directed at business patrons and leisure travelers. Even those that W just Rming on 1-90. 4. List on the following page the proposed quantity of specific tourism promotional activities described in #3 above and the corresponding funding request for each activity, ACTIVITY NUMBER PROJECTED NUMBER PROJECTED In Person Contacts 2019 7000 Oust VIC) 7350 (just VIC) Physical location and days/hours and when/where contacts are to take place: EllensbureVisitor Center and Cle Elum Visitor Cerner. The Potations will be open year round six da s a week Monday -Friday 9a -5p and Saturday's 10"-4 . May thru SWtember seven days a week eeken I0a-4 Staffing of PIT rece*anpersonnel for the front counter and additionally 1 PIT events coordinator to help festival events throout the year and calendar updates etc. I F/T Tourism Director that supervises and manages the VIC. Festival and Events. Marketinnr. Collateral. Website and Partner interaction. Lodging Tax Partners 2020 E-msil or Phone Contacts 9,000 9,450 E-mail, address and Phone #; anticipated schedule when phone contacts will be made: Currently the chamber of commerce has a database of 9000 email addresses that have been acaulMd throuith festivals and event. We also hawamements withriodlcals to raelve leads of woole who are interested in the Itlttkas County and will soon launch a monthly digital tourism newsletter. (Please also see the above description for staffing and supervision. Brochures Produced/Printed 50,000 55,000 The Tourism Departmeat_ uses_ approximately 60.000 visitor guides each year that feature activities available including festivals and events. retail, lod ng listings and other commurnty information that most travelers will base their trips upon. This is done in partnership for the di tribution of said guides. Brochures Distributed/Mailed Distribution method: 1 $,500 8,925 Under the contract of services. 1 M time person is supervised for the purpose of distribution of local bme uses &ALval odd events) and Visitor information (visitor guides, maps) throughout 27 locations in the Kittitas CounLy. We also respond to a wide varipq of ingWries on k ca such as relocation intent to travel wedding parties, conferences, meetings and other business requests. We have bad 993 Iead reguestj have mailed in 2018 Unavailable Unavailable DigitaUSocial Media Sites): 89,000 people 96,450 people Tourism promotion uses different approaches to diggLsocial media by poigigatingin Facebqo Twitter, fi t wain. PinteresL and both Google AdWords and Network. This teebnology has been verb, successful for general promotions and for specific event advertisiM. We are able to track eneaaement and website hits from all of these web locations. Additionally we have 31 partners that have been kind enou Zh to link our URL in theirwe bsites and bra Website Fags Views: Social Media — Facebook Social Media — Instagram Social Media—Twitter Social Media — Google Adwords 254 417 762 049 45,955 page likes 47,333 page I1kes 14354 followers 14784 followers 115,994 tweets . 119,473 tweets 358,851 ad clicks 369,616 ad clicks DECLARATION I understand the Washington State limitations pled on use of Hotel/Motel Tax funds, and certify that the requested funds will be used only for purposes described in this application and established by state law and county policy. I have the authority of the organization/entity represented in this application to submit this request for funding on its behalf, I understand the use of funds is subject to audit by the State of Washington. I declare that the foregoing is true and correct to the best of my knowledge. AM McGuifin, . Print Name signature Title CEO DECLARATION I understand the Washington State limitations pled on use of Hotel/Motel Tax funds, and certify that the requested funds will be used only for purposes described in this application and established by state law and county policy. I have the authority of the organization/entity represented in this application to submit this request for funding on its behalf, I understand the use of funds is subject to audit by the State of Washington. I declare that the foregoing is true and correct to the best of my knowledge. AM McGuifin, . Print Name signature Title CEO EXHIBFr "A" EXHIBIT A SCOPE OF WORK The Chamber agrees to provide the following services and engage in the following activities in support of the Kittitas County tourism development effort: 1. Marketing Overhead a. To serve as a direct report to the Lodging Tax Advisory Committee, attending monthly meetings to provide updates and reports on marketing activities and where promotions are being done. b. Prepare an annual marketing plan to present to the LTAC at the beginning of each year. c. Serve as liaison to members of the tourism industry and event organizations. d. Submit a monthly accounting of expenses incurred. e. Obtain, analyze and apply data related to tourism -related activities in such a manner as to aid the review of the effectiveness of Kittitas County's tourism development efforts. g. Submit quarterly reports to.the County about services completed and the state and effectiveness of tourism promotion efforts. As requested, but at leasttwice during the year, present such reports in person to the Board of County Commissioners. Z. Website Maintenance and Social Media a. Maintain, Including periodic updates as needed, a public web site that promotes Kittitas County tourism and provides Information for visitors b. Manage, maintain and update on a regular basis, social media used for tourism purposes. c. Track web site traffic statistics including, but not limited to, page views, unique visitors, search terms, entry and exit pages. 3. Collateral Materials a. Develop promotional materials 1. Brochures fl. Maps iii. Press Kits Iv. Video Clips v. Photo Library 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. Q. Marketing and Advertising a. Administer and oversee County tourism promotion efforts to promote the County's events, attractions, facilities, and destination downtown, Including I. marketing campaigns, IL advertising, iii. brochures, iv. solicitation of conventions and meetings, v. participation In trade shows, and A. other activities agreed to by the parties from time to time. EXHIBIT "B" EXHIBIT B METRICS FOR EVALUATION DELIVERABLES Assessment: Performance will be assessed by the County Lodging Tax Advisory Committee based upon information provided by the Chamber which will include: 1. The Star Report of hotel/motel occupancy 2. Organic Search 3. Form Fills 4. Engagement Rates 5. in addition to the goal for Lodging Tax receipts to increase by five percent (5%) annually overall County Lodging Tax revenue will be compared with previous year receipts. 6. Sales tax summary for tourism based business categories (to be supplied monthly by the County). EXHIBIT "S' BUDGET Option C - 2019 Work Item 2019 Budget CONTRACT OF SERVICES - CHAMBER OF COMMERCE OPERATION EXPENSES $45,560.00 � WEBSITE $15,800.00 ' ON MARKETING $120,C00.00 PRINT ADVERTISING TRVL, LODGING, MILEAGE, CDNE EXPENSE $10,000.00 $3,000.00 BRANDING $12,000.00 EVENT CENTER PROMOTIONS ltMYN CAMPAIGN $18,170.00 $24,150.00 TOTAL OPERATIONS TOTAL ADVERTISING $45,560.00/YR $203,720.00/YR TOTAL CONTRACT $249,316.00/YR AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF ELLENSBURG AND KITTITAS COUNTY CHAMBER OF COMMERCE RELATING TO: VISITOR INFORMATION CENTER OPERATIONS THI LUMP SUM AGREE ENT is made and entered into this day of r!e hal , 20_(-Ef be ive Date'), by and between THE CITY OF ELLENSBURG, municipal corporation of the State of Washington, (hereinafter called the 'CITY") and Kittitas County Chamber of Commerce, a Washington non-profit organization authorized to do business in the state of Washington (hereinafter calf the "CONSULTANT'. 1. RECITALS. 1.1. The CITY desires to obtain professional services for work related to the operation of the Visitor Information Center for tourism within the CITY. 1.2. ' The CITY has solicited for such professlonal services as required by law, including RCW Chapter 39.80 If applicable. 1.3. CONSULTANT represents that it is available and able to provide qualified personnel and facilities necessary for the work and services contemplated herein, and can accomplish the work and services within the required time period and in accordance with CITY's specifications and professional standards. 1.4. CONSULTANT agrees to perfomn the work and services specified herein in accordance with the terms and condftions of this Agreement. NOW, THEREFORE, In consideration of the above representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: 2. SCOPE OF WORK. 2.1. The supe of professional services to be performed and the results to be achieved by the CONSULTANT shalt be as detailed in the attached Exhibit A and shall Include all services and material necessary to accomplish the work rServicesw}. 2.2. The CITY may review the CONSULTANT'S work product, and if it is not satisfactory, the CONSULTANT shall rnake such changes as may be required by the CITY. Such changes shall not constitute "Exna Work° as related in Section 12 of this Agreemen# Professional Services Agreement for NIC Operations Page 1 of 13 2.3. The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with the standards of the profession and in compliance with applicable federal, state and local laws. 2.4. The Scope of Work may be amended upon written approval of both parties. 3. TIME OF PERFORMANCE — DURATION - RENEWAL. The CONSULTANT may begin work upon the Effective Date of this Agreement by both parties, or the CITY's issuance of a Notice to Proceed, whichever is applicable. This Agreement shall extend through December 31, 2020, and shall be renewed upon such written terms as the parties may agree for an additional four (4) year term unless either party provides written notice by no later than September 30, 2020 of the party's election not to renew the agreement. The work performed and results of marketing efforts will be evaluated by the Lodging Tax Advisory Committee ("LTAC") annually, using metrics for evaluation as listed in the attached Exhibit B. Either party may terminate this Agreement as set forth in Section 13, below. 4. PAYMENT. The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment and Incidentals necessary to complete the work. 4.1.' The CITY shall pay the CONTRACTOR asset forth in this section. In no event shall the amount paid by CITY exceed the Maximum Compensation as set forth in Section 5, unless otherwise agreed to by the CITY in writing. Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work. 4.2. The CONSULTANT shall submit invoices to the CITY for work completed in accordance with Exhibit A. Invoices shall detail the work, and shall Itemize with receipts and invoices the non -salary direct costs. 4.3. The CITY shall review the invoices and make payment for the .portion of the project cr tasks that have been completed less the amounts previously paid. 4.4. The CONSULTANT invoices are due and payable within 30 days of receipt. In the event of a disputed billing, only the disputed portion will be withheld from payment. 4.5. Payment shall be made from the City's Lodging Tax Fund to the Chamber for the provision of its services based upon the budget included in 'Exhibit C' which is made a part of this agreement. Payments for those budget items shown on 'Exhibit C' for Visitor Information Services shall be made on a monthly basis. Payment for the services and products covered by this agreement shall be on a reimbursable basis to the Chamber for costs incurred. Payments made by the City to the Chamber under this Professlonal Services Agmement for VIC Operations - Page'2 of 13 agreement shall In no event exceed the total amount shown on the budget In 'Exhibit C' of this agreement, 4.6. Payment for mE tra Work" performed under Section 12 of this Agreement shall be as agreed to by the parties in writing. 5. MAXIMUM COMPENSATION. 5.1. The CONSULTANT's total compensation and reimbursement under this Agreements including labor, direct non -salary reimbursable costs and outside services, shall not exceed the maximum sum of $115,000.00 each calendar year of the Agreement: This amount is the maximum amount to be paid under this Agreement and shell not bdexceeded without prior written authorization from CITY in the form of a negotiated and executed amendment of this /Agreement. 5.2. The budget for each task is as set forth in the attached Exhibit C. Budgets for task(s) may be modified upon mutual agreement between the two parties, but in any event, the total payment to CONSULTANT shall not exceed the maximum amount per Section 5.1 above. S. RELATIONSHIP OF PARTIES. 6.1. _ - The relationship created by this Agreement is that of owner -independent contractor. ' Neither the CONSULTANT nor CONSULTANTs employees are employees of the CITY and are not entitled to the benefits provided by the CITY to its employees. The CONSULTANT, as an independent contractor, has the authority to control and direct the performance of the details of the services to be provided. No employee, agent, representative or subconsukant of CONSULTANT shall be or shall be deemed to be the employee, agent representative or subconsultant of the CITY. The CONSULTANT shall assume full responsibility for all wages, along with any f=ederal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment Insurance, Social Security, and Income tax, payable as a result of work performed under this Agreement. 6.2. Employbes of the CONSULTANT, while engaged in the performance of any work or services under this Agreement, shall be considered employees of the CONSULTANT only and not of the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said employees while so engagdd, and any and all claims made by a third party as a consequence of any negligent actor omission on the part of the CONSULTANTS employees while so engaged, on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. On or before the Effective Date, CONSULTANT shall file, maintain and/or open all necessary records with the Internal Revenue Service and the State of Washington, and as may be required by RCW 51.08.195, to establish CONSULTANT's status as an independent contractor. Pmftssional Services Agreement for VIC Operations - Page 3 of 13 7. OWNERSHIP OF DOCUMENTS. Upon completion of the work, all documents, exhibits, photographic negatives, or other presentations of the work shall become the property of the CITY for use without restriction and without representation as to suitability for reuse by any other party unless specifically verified or adapted by the CONSULTANT. However, any alteration of the documents, by the CITY or by others acting through or on behalf of the CITY, will be at the CITY's sole risk. 8. NONDISCRIMINATION. The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non-discriminatory treatment of all persons, in particular: 8.1. The CONSULTANT shall maintain open hiring and employment practices and will we[bome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity/afrirmative action requiremerb; and, 8.2. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non-discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, creed, color, religion, national origin, status as a military veteran, marital status, gender, sexual orientation, disability or other legally protected classification. 9. SUBCONTRACTING. 9.1.:', The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. 9.2. In all solicitation either by competitive bidding, RFP process, or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontractor, including procurement of materials, equipment, website maintenance or marketing services, each potential subconsultant or supplier shall be notified by the CONSULTANT of CONSULTANT's obligations under this Agreement, including the nondiscrimination requirements. The CONSULTANT shall solicit competitively for services or subcontracts that are in excess of ($15,000) dollars. 9.3., in performing this Agreement, the CONSULTANT shall not subcontract with or employ any CITY employee without the CITY's written consent. 10. SUPERVISION, INSPECTION AND PERFORMANCE_ 10.1. Even though CONSULTANT is an independent contractor with the authority to control and direct the performance and details of the Servioes, the Services must meet the approval of CITY and shall be subject to CITY's general right of inspection and supervision to secure the satisfactory completion of this Agreement. Professional Services Agreement for VIC Operations - Page 4 of 13 10.2. CONSULTANT represents that it has or will obtain all personnel necessary to perform the Services and that such personnel shall be qualified, experienced, and licensed as may be necessary or required by applicable laws and regulations 10 perform the Services. All Services shall be performed by CONSULTANT, its employees, or by subconsultants whose selection has been authorized by CITY; provided that CITY's authorization shall not relieve CONSULTANT or Its, suboonsultants from any duties or obligations under this Agreement, or at law, to perform the Servir;es in a satisfactory and competent manner. CONSULTANT shall ensure that all contractual duties, requirements and obligations that CONSULTANT owes to CITY shall also be owed to CITY by CONSULTANT's subconsuitants ruined to perform the Services. 10.3. CONSULTANT shall be responsible for the professional quality, technical adequacy, accuracy, timely completion, and coordination of the Services and all pians, designs, drawings, specifications, reports, and other work performed pursuant to this Agreement, CONSULTANT shall perform the Services in accordance with the standard of care of its profession in the same or similar localities at the time services are performed. CONSULTANT shall be responsible for the professional standards, performance, and actions of all persons and firms performing the Services under this Agreement. CONSULTANT shall, without additional compensation, correct any specfic breach of a contractual obligation In the Services and revise any errors or omissions in any plans, designs, drawings, specifications, reports, and other products prepared under this Agreement. 11. CHANGES IN. WORK. Other than changes directed by the CITY asset forth in Section 1 move, either party may request changes in the scope of work. Such changes shall not become part of this Agreement unless and until mutually agreed upon and incorporated herein by written amendments to this Agreement executed by both parties. 12. EXTRA WORK. The CITY may desire to have the CONSULTANT perform work or render services in connection with this project, in addition to the Scope of Work set forth in Exhibit A and minor revisions to satisfactorily completed work. Such work shall be considered as "Extra Work" and shall be addressed in a written supplement to this Agreement. The CITY shall not be responsible for paying for such extra work unless and until the written supplement is executed by both parties. 13. TE"INATION. 13.1: The CITY may terminate this Agreement at any time, for the convenience of the CITY, upon not less than thirty (30) days written notice to the CONSULTANT. Written notice will be by certified mail sent to the consultant's designated representative at the address provided by the CONSULTANT. 13.2. The CITY may terminate this Agreement, in whole or in part and at any time, in writing if CONSULTANT substantially fails to fulfill any or, all of its material obligations through no fault of CITY. if CITY terminates all or part of this Agreement for Professional 1$erview Agreement for VIC Operations Page 5 of U default, CITY shall determine the amount of Services satisfactorily performed to the date of termination and the amount owing to CONSULTANT using the criteria set forth below; provided that (a) no amount shall be allowed for anticipated profit on unperformed Services or other work, and (b) any payment due to CONSULTANT at the time of termination may be adjusted to the extent of any additional costs CITY incurs or Will incur because of CONSULTANT's default. In such event, CITY shall consider the actual costs incurred by CONSULTANT in performing the Services to the date of termination, the amount of Services originally required which was satisfactorily completed to the date of termination, whether the Services or deliverables were in a form or of a type which is usable and suitable to CITY at the date of termination, the cost to CITY of either completing the Services itself or employing another firm to complete the Services in addition to the inconvenience and time which may be required to do so, and other factors which affect the value to CITY of the Services performed to the date of termination. Under no circumstances shall payments made under this provision exceed the -Schedule of Charges. This provision shall not preclude CITY from tiling claims andlor commencing litigation to secure compensation for damages incurred beyond that covered by withheld payments. 13.3. In the event this Agreement is terminated prior to the completion of the work, a final payment shall be made to the CONSULTANT, which, when added to any payments previously made, shall compensate the CONSULTANT for the portion of worts completed. 14. INDEMNIFICATIONIHOLD HARMLESS. 14.1. The indemnification and defense obligations specified in this Section 14 ("Indemnity'Obligations") have been mutually negotiated and shall survive the expiration, i3Ybandonment, or termination of this Agreement. The Indemnity Obligations shall extend to claims that are not reduced to a suit and to any claims that may be compromised prior to the culmination of any litigation or the institution of any. litigation. Inspection,' acceptance or payment by CITY of or for any Services performed by CONSULTANT shall not be grounds for avoidance of any Indemnity Obligations. 14.1.1. Professional errors and omissions. For any losses that arise from any error, omission, negligence or other malpractice in the exercise of CONSULTANT's professional judgment in the performance of architectural, landscape architectural, engineering, or land surveying services such that RCW 4.24.115 would apply, CONSULTANT shall .defend, indemnify, and hold the CITY harmless from all such losses to the extent caused, or alleged to be caused, by any violation of law, including state, fedeh'al or municipal law or ordinance, or negligent act,- omission, breach of contract, or willful or intentional misconduct of CONSULTANT. The obligation of indemnity under this subparagraph does not, however, extend to losses caused by the negligence (whether sole, concurrent or contributory) of the CITY. 14.2. In any and all claims against the CITY by any employee of Professional Ssrftes Agreement for VIC Operations - Page 6 of 13 CONSULTANT, the indemnification obligations set forth Move shall not be limited in any way by any limitation on the amount or type of damages or compensation benefits payable by or for CONSULTANT under the applicable workefs or workmen's compensation, benefit, or disability laws (including but not limited to, the Industrial Insurance laws, Title 5.1 of the Revised Code of Washington). CONSULTANT expressly waives any;immunity CONSULTANT might have under such laws, and, by entering into this Agreerrient, acknowledges that this waiver has been mutually negotiated. 15. INSURANCE. 15.1. The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance against daims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, employees or subcontractors. 15.2. CONSULTANTS maintenance of insurance as required by the Agreement shall not b6 construed. to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the CITY'S recourse to any remedy available of law or in equity. 15.3. Minimum Scope of Insurance. CONSULTANT shall obtain Insurance of the types described below: 15.3.1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contract liability coverage; and, 15.3.2. Commercial General Liability insurance shall be written on ISO occurrence -form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising Injury. The CITY shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the CITY; and, 15.3.3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington; and 15.3.4. Professional Liability insurance appropriate to the CONSULTANTs profession. 15.4.- Minimum Amounts of Insurance. CONSULTANT shall maintain the following insurance limits: 15.4.1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Professional Services Agreement for VIC Operations - Page 7 of 13 15.4.2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 15.4.3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. 15.5. Other Insurance Provisions. The insurance policies are to contain, or be endorsed INj contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 15.5.1. The CONSULTANT's insurance coverage shall be primary insurance with respect to the CITY. Any insurance, self-insurance, or insurance pool coverage maintained by the CITY shall be excess of the CONSULTANTS insurance and shall not contribute with It. 15.5.2. The CONSULTANT's insurance shall be endorsed to state that coverage shall not be cancelled, suspended or materially changed by either party, except after thirty (30) days prior written notice by certified mail, return remipt requested,' has been given to the CITY. 15.5.3. Any payment of deductible or self -Insured retention shall be the sole responsibility of the CONSULTANT. 15.5.4. The CONSULTANTS insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim Is made or suit is brought, except with respects to the limits of the Insurer's liability. 15.6. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 15.7; Verification of Coverage. CONSULTANT shall furnish the CITY with original oerificates and a copy of theamendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the CONSULTANT before commencement of the work. 15.8. Cancelation. No cancellation of the foregoing coverage shall be effective without thirty (30) days prior notice to the CITY. 16. APPLICABLE LAWIVENUE. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Kitti#as County. 17. NOTICE. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, or at such other address as given pursuant to this Section, and shall be effective on the next business day if sent by registered or certfied mail or deposited with an overnight delivery service. Professional Services Agreement for VIC Operations - Page 8 of 13 City of Ellensburg City Manager's office S01 N. Anderson Ellensburg, WA 98926 Klttititas County Chamber of Commerce 609 North Main Street Ellensburg, WA 98926 18. ENTIRE AGREEMENT. The written terms and provisions of this Agreement, together with all referenced Exhibits, supersede all prior verbal statements of any officer or other representative of CITY, and such statements shall not be effective or be construed as entering into or forming a part of, or altering in any manner whatsoever, this Agreement. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the referenced Exhibits. 19. PRIORITY OF DOCUMENTS. In the event that the language and provisions of this Agreement are contrary to or conflict with any language or provisions set forth in any exhibit to this Agreement, the language and provisions of this Agreement shall control, and the contrary or conflicting language or provisions of the exhibit(s) shall be disregarded and shall be considered void. 20. MODIFICATION. No waiver, alteration, or modification of any of the provisions of this Agreement shah be binding unless in writing and signed by a duly authorized representative of CITY and CONSULTANT. 21. ASSIGNMENT. Any assignment of this Agreement by CONSULTANT without the prior written consent of CITY shall be void. 22. WAIVER. A waiver of any breach by either party shall not constitute a walver of any subsequent breach. f 23. THIRD -PARTY BENEFICIARIES. There are no third -party beneficiaries to this Agreement. 24. EXHIBITS AND SIGNATURES. This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following exhibits are hereby made a part of this Agreement: Exhibit A — Scope of Worts Exhibit B -- Metrics for Evaluation of Performance Exhibit C — Budget for Each Task Profmicnal Services Agreement for VIC apsmWns - Page 9 of 13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CONSULTANT: By: Printed Name: �1► Title: t Tax ID#: THE Cl F ELLENS17: By: Printeda4 , Name: Title: 11 ' ATTEST: —CI& Clerk Approved as to Form: City Attomey Professional Services Agreement icor VIC Operations -Page 10 of 13 EXHIBIT A SCOPE OF WORK The Chamber agrees to provide the following services and engage in the following activities in support of the City of Ellensburg tourism development ef%rt. 1. Visitor lnformatbr; Center a. Establish, operate and maintain a Visitor Information Center for the purpose of i. greeting visitors, it displaying promotional brochures, iii. of bring assistance, and !v. answering requests for tourism and visitor information. b. Operate the Visitor information Center Monday -Friday from 9 am to 5 pm, Saturdays between the hours of 10 am and 2 pm, and Sundays between the hours of 10 am and 4 pm during the months of June, July, August and September through Saturday of Labor Day Weekend c. Ensure that Chamber personnel and volunteers receive regular visitor information training d. Maintain a year-round toll-free number for tourism information. e. Operate and maintain the Downtown Visitor lnfomration Center located at 4m and Peart Skeet; which Includes the items listed above and hours of operation from Friday through Sunday, 11 am to 7 pm during the months of June, July, August, September and October, and staffed during events at that location. Professional Services Agreement for VIC Operations -Page 11 of 13 EXHIBIT B METRICS FOR EVALUATION Assessment: Performance will be assessed by the Ellensburg Lodging Tax Advisory Committee based upon information provided by the Chamber which will include: 9. Track brochure counts from additional locations throughout Ellensburg 2. Organic Search 3. Form Fills/Leads Requestllnformation Requests 4. Engagement Rates/Log book entries in each of the locations 5. Track sales of ticketed events, recreation permits, and maps to be compared with previous years. B. Track 800# calls into the Vistlor Information Center providing date, location called from to be compared with previous years. Profesional Services Agreement for ViC Operations - Page 12 of 13 EXHIBIT C BUDGET Work Item -_— 1--�" Unit - - - ---- -------_- - j VISITOR INFORMATION CENTER Visitor Center Space (rent/maint/ins/Wines) Lump Sum E Office Expenses (phone,postapAopier ak) Lump sum Visitor Center Staffing Lump 'sum Staff Training - Lump sum I- contract Administration ' Lump Sum TOTAL CONTRACT Cost .$2000/rime. $833.33/mo - $5583.33/mo $166.67/mo $1000/mo: _ -- Total Collateral Materials 2019 2020 ftdw BudW $24,000 •-$24,000 $10,000 $10,000 .$67,000 $67,000 $2,000 i $2,000 — $.12,000 $115,000 $115,000 - i $115;0001$1 5,000 Professional Services Agreement for VAC Operations - Page 13 of 13 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF ELLENSBURG AND KITTITAS COUNTY CHAMBER OF COMMERCE RELATING TO: MARKETINGIADVER71SING CAMPAIGN TH! LUMP SUM AGREEMENT Is made and entered into this 19 11" day. of NQVe" J��, 20 ("Effective Date"), by and between THE CITY OF ELLENSBURG, a municipal corporation of the State of Washington, (hereinafter called the "CITY"), and Kittitas County Chamber of Commerce, a Washington non-profit organization authorized to do business in the state of Washington (hereinafter called the "CONSULTANT"), 1. RECITALS. 1.1. The CITY desires to obtain professional services for work related to the operation of the marketing/advertising for tourism within the CITY. 1.2: The CITY has solicited for such professional services as required by law, including RCW Chapter 39.80 if applicable. 1.3. CONSULTANT represents that it is available and able to provide qual'dred personnel and facilities necessary for the work and services contemplated herein, and can accomplish the work and services within the required time period and in accordance with CITY's specifications and professional standards. 1.4. CONSULTANT agrees to perform the work and services specified herein in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, In oonsideration of the above representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: 2. SCOPE OF WORK. 2.1. The scope of professional services to be performed and the results to be achieved by the CONSULTANT shall be as detailed In the attached Exhibit A and shall Include all services and material necessary to accomplish the work ("Services"). . 2.2:-'-` The CITY may review the CONSULTANTS work product, and if it is not satisfactory, the CONSULTANT shall make such changes as may be required by the CITY. Such changes shall not constitute "Extra Work" as related In Section 12 of this Agreement. Professional Services Agreement fior Tourism Marketing/Advertising - Page I of 14 2.3. The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with the standards of the profession and in compliance with applicable federal, state and local laws. 2.4. The Scope of Work may be amended upon written approval of both parties. 3. TIME OF PERFORMANCE — DURATION - RENEWAL. The CONSULTANT may begin work upon the Effective Date of this Agreement by both parries, or the CITY's issuance of a Notice to Proceed, whichever is applicable. This Agreement shall extend through December 31, 2020, and shall be renewed upon such written terms as the parties may agree for an additional four (4) year term unless elther party provides written notice by no later than September 30, 2020 of the party's election not to renew the agreement. The work performed and results of marketing efforts will be evaluated by the Lodging Tax Advisory Committee ("LTACJ annually, using metrics for evaluation as listed in the attached Exhibit B. Either party may terminate this Agreement as set forth in Section 13, below. 4. PAYMENT. The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work. 4.1. The CITY shall pay the CONTRACTOR as set forth in this section. In no event shell the amount paid by CITY exceed the Maximum Compensation as set forth in Section 5, unless otherwise agreed to by the CITY in writing. Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work. 4.2. The CONSULTANT shall submit invoices to the CITY for work completed in accordance with Exhibit A. Invoices shall detail the work, and shall itemize with receipts and, invoices the non -salary direct costs. 4.3. The CIN shall review the invoices and make payment for the portion of the project or tasks that have been completed less the amounts previously paid. 4.4. The CONSULTANT invoices are due and payable within 30 days of receipt. In the event of a disputed billing, only the disputed portion will be withheld from payment. 4.5. Payment shall be made from the City's Lodging Tax Fund to the Chamber for the provision of its services based upon the budget included. in 'Exhibit C' which is made a part of this agreement. Payments for those budget items shown on `Exhibit C' for Administration of Marketing shall be made on a monthly basis. Payment for the services and products covered by this agreement shall be on a reimbursable basis to the Chamber for costs incurred. Payments made by the City to the Chamber under this Professional Services Agreement for Tourism Mericeting/Advertising - Page 2 of 14 agreement shall in no.event exceed the total amount shown on the budget in 'Exhibit C' of this agreement. 4.6. Payment for °Extra Work' performed under Section 12 of this Agreement shall be as agreed to by the parties in writing. 5, MAXIMUM COMPENSATION. 5.1. The CONSULTANT's total compensation and reimbursement under this Agreement,= including labor, direct non -salary reimbursable costs and outside services, shall not exceed the maximum sum of $346,680.00 in 2019 and $338,885 in 2020. This amount is -the maximum amount to be paid each year under this Agreement and shall not be exceeded without prior written authorization from CITY in the form of a negotiated and executed amendment of this Agreement. 5.2. The budget for each task is as set forth in the attached Exhibit C. Budgets for task(s) may be modified upon mutual agreement between the two parties, but in any event, the total payment to CONSULTANT shall not exceed the maximum amount per Section 5.1 above. 6. RELATIONSHIP OF PARTIES. 6.1. The relationship created by this Agreement is that of owner -independent contractor, A Neither the CONSULTANT nor CONSULTANT's employees are employees of the CITY and are not entitled to the benefits provided by the CITY to its employees. The CONSULTANT, as an independent contractor, has the authority to control and direct the performance of the details of the services to be provided. No employee, agent, representative or subconsultant of CONSULTANT shall be or shall be deemed to be the employee, agent representative or subconsultant of the CITY. The CONSULTANT shall assume full responsibility for all wages, along with any Federal, State, and- local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax, payable as a result of work performed tinder this -Agreement. 6.2. Employees of the CONSULTANT, while engaged in the performance of any work or services under this Agreement, shall be considered employees of the CONSULTANT only and not of the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the CONSULTANTS employees while so engaged, on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. On or before the Effective Dft CONSULTANT shall file, maintain and/or open all necessary records with the Internal Revenue Service and Me State of Washington, and as may be required by RCW 51.08.195, to establish CONSULTANT's status as an independent contractor. Professional Services Agreement for Tourism Markating/Advertising - Page 3 of 14 7. OWNERSHIP OF DOCUMENTS. Upon completion of the work, all documents, exhibits, photographic negatives, or other presentations of the worts shall become the property of the CITY for use without restriction and without representation as to suitability for reuse by any other party unless specifically verified or adapted by the CONSULTANT. However, any alteration of the documents, by the CITY or by others acting through or on behalf of the CITY, will be at the CITY's sole risk. B. NONDISCRIMINATION. The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non-discriminatory treatment of all persons, in particular: 8.1. The CONSULTANT shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are rrfembem of minorities protected by federal equal opportunity/affirmative action requirements; and, 8.2. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or regulations Issued pursuant thereto, relating to the establishment of non-discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, creed, color, religion, national origin, status as a military veteran, marital status, gender, sexual orientation, disability or other legally protected classification. 9. SUBCONTRACTING. 9.1. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. 9.2. In all solicitation either by competitive bidding, RFP process, or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontractor, including procurement of materials, equipment, website maintenance or marketing services, each potential subconsultant or supplier shall be notified by the CONSULTANT of CONSULTANT's obligations under this Agreement, including the nondiscrimination requirements. The CONSULTANT shall solicit competitively for services or subcontracts that are in excess of ($18,000) dollars. 9.3.. In performing this Agreement, the CONSULTANT shall not subcontract with or employ any CITY employee without the CITY's written consent. 10. SUPERVISION, INSPECTION AND PERFORMANCE. 10.1. Even though CONSULTANT is an independent contractor with the authority to control and direct the performance and details of the Services, the Services must meet the approval of CITY and shall be subject to CITY's general right of inspection and supervision to secure the satisfactory completion of this Agreement. Professional Services Agreement for Tourlam MarketinglAdvertising •- Page 4 of 14 10.2. CONSULTANT represents that it has or will obtain all personnel necessary to perform the Services and that such personnel shall be qualified, experienced, and licensed as may be necessary or required by applicable laws and regulations to perform the Services. All Services shall be performed by CONSULTANT, its employees, or by subconsultants whose selection has been authorized by CITY; provided that ClWs authorization shall not relieve CONSULTANT or its suboonsultents from any duties or obligations under this Agreement, or at law, to perform the Services in a satisfactory and competent manner. CONSULTANT shall ensure that all contractual duties, requirements and obligations that CONSULTANT owes to CITY shall also be owed to CITY by CONSULTANT's subconsultants retained to perform the Services. 10.3: CONSULTANT snail be responsible for the professional quality, technical adequacy; accuracy; timely completion, and coordination of the Services and all plans, designs, drawings, specifications, reports, and other work performed pursuant to this Agreement: CONSULTANT shall perform the Services in accordance with the standard of care of its profession in the same or similar localities at the time services are performed. CONSULTANT shall be responsible for the professional standards, performance, and actions of all persons and firms performing the Services under this Agreement. CONSULTANT shall, without additional compensation, cornett any specific breach of a contractual obligation in the Services and revise any errors or omissions In any plans, designs, drawings, specifications, reports, and other products prepared under this Agreement. 11. CHANGES IN WORK, Other than changes directed by the CITY as set faith in Section 1 move, either party may request changes in the scope of work. Such changes shall not beibome part of this Agreement unless and until mutually agreed upon and Incorporated herein by written amendments to this Agreement executed by both parties. 12. EXTRA WORK. The CITY may desire to have the. CONSULTANT perform work or render services in connection with this project, in addition to the Scope of Work set forth in Exhibit A and minor revisions to satisfactorily completed work. Such work shall be considered as "Extra Work" and shall be addressed in a written supplement to this Agreement. The CITY shall not be responsible for paying for such extra work unless and until the written supplement is executed by both parties. 13. TERMINATION. 13.1: The CITY may temninate this Agreement at anytime, for the convenience of the CITY, upon not less than thirty (30) days written notice to the CONSULTANT. Written notice will be by certified mail sent to the consultant's design representative at the address provided by the CONSULTANT. 13.2. The CITY may terminate this Agreement, in whole or in part and at any time, in writing if CONSULTANT substantially fails to fulfill any or all of its material obligations through no fault of CITY. If CITY terminates all or part of this Agreement for Professional I,ervices Agreement far Tourism Marketing/Advertising - Page 5 of 14 default, CITY shall determine the amount of Services satisfactorily performed to the date of termination and the amount owing to CONSULTANT using the criteria set forth below; prided that (a) no amount shall be allowed for anticipated profit on unperformed Services.or other work, and (b) any payment due to CONSULTANT at the time of term"enation may be adjusted to the extent of any additional costs CITY incurs or will incur because of CONSULTANTs default. In such event, CITY shall consider the actual costs incurred by CONSULTANT in performing the Services to the date of termination, the amount of Services originally required which was satisfactorily completed to the date of termination, whether the Services or deliverables were in a form or of a type which is usable and suitable to CITY at the date of termination, the cost to CITY of either completing the Services itself or employing another firm to complete the Services in addition to the inconvenience and time which may be required to do so, and other factors which affect the value to CITY of the Services performed to the date of termination. Under no circumstances shall payments made under this provision exceed the Schedule of Charges. This provision shell not preclude CITY from filing claimsrandlor commencing litigation to secure compensation for damages incurred beyond thai covered by withheld payments. 13.3. In the event this Agreement is terminated prior to the completion of the work, a final payment shall be made to the CONSULTANT, which, when added to any payments previously made, shall compensate the CONSULTANT for the portion of work completed. 14. INDEMNIFICATIOWHOLD HARMLESS. 14.1. The indemnification and defense obligations specified in this Section 14 ClndemnitiObligations) have been mutually negotiated and shall survive the expiration abandonment, or termination of this Agreement. The Indemnity Obligations shall extend to claims that are not reduced to a suit and to any claims that may be compromis'd prior to the culmination of any litigation or the institution of any litigation. Inspection, acceptance or payment by CITY of or for any Services performed by CONSULTANT shall ndt be grounds for avoidance of any Indemnity Obligations. 14.1.1. Professional errors and omissions. For any losses that arise from any error, omission, negligence or other malpractice in the exercise of CONSULTANTS professional judgment in the performance of architectural, landscape architectural, engineering, or land surveying services such that RCW 4.24.115 would apply, CONSULTANT shall defend, indemnify, and hold the CITY harmless from all such losses to the extent caused, or alleged to be caused, by any violation of law, including state, federel or municipal law or ordinance, or negligent act, omission, breach of contract, or willful or Intentional misconduct of CONSULTANT. The obligation of indemnity under this .subparagraph does not, however, extend to losses caused by the negligence (whether sole, concurrent or contributory) of the CITY. 14.2. In any and all claims against the CITY by any employee of Professional Services Agreement for Toudsm Meftting/Adverdsing - Page 6 of 14 CONSULTANT, the irxtemnilic ation obligations set forth above shall not be limited in any way by any limitation on the amount or type of damages or compensation benefits payable by or for CONSULTANT under the applicable worker's or workmen's compensation, benefit, or disability laws (including but not limited to, the Industrial Insurance laws, Title 51 of the Revised Code of Washington). CONSULTANT expressly waives any immunity'CONSULTANT might have under such laws, and, by entel'ing into this Agreement, acknowledges that this waiver has been mutually negotiated. 15. INSURANCE. 15.1. The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, reproentatives, employees or suboontmetors: 15.2. CONSULTANTS maintenance of insurance as required by the Agreement shall not bOrconstrued .to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the CITY'S recourse to any remedy available at'iaw or in equity. 15.3: Minimum Scope of Insurance. CONSULTANT shall obtain insurance of the types described bekw. 15.3.1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Service Office (180) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contract liability coverage; and, 'F5.3.2. Commercial General Liability insurance shall be written on ISO occurrence -form CG 00 01 and shall cover liability arlsing from premises, operations, Independent contractors, and personal injury and advertising injury. The CITY shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work perlbrmed for the CITY; and, 15.3.3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington; and 15.3.4. Professional Liability Insurance appropriate to the CONSULTANTS profession. 15.4; Minimum Amounts of Insurance. CONSULTANT shall maintain the following insurance limits: 15.4.1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Professional Servioes Agreement for Tourism MarkstinglAdvertising - Page 7 of 14 15.4.2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 15.4.3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. 15.5: Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commerbial General Liability insurance: 15.5.1. The CONSULTANT's insurance coverage shall be primary insurance with respect to the CITY. Any insurance, self-insurance, or insurance pool coverage maintained by the CITY shall be excess of the CONSULTANT's insurance and shall not contribute with it. 15.5.2. The CONSULTANT's insurance shall be endorsed to state that coverage shall not be cancelled, suspended or materially changed by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested; has been given to the CITY. 15.5.3. Any payment of deductible or self-insured retention shall be the sole responsibility of the CONSULTANT. 15.5.4. The CONSULTANT'S insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 15.6. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 15.7,1 Verification of Coverage. CONSULTANT shall fumish the CITY with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Insurance requirements of the CONSULTANT before commencement of the work. 15.8. Cancelation. No canoelation of the foregoing coverage shall be effective without thirty (30) days prior notice to the CITY. 16, APPLICABLE LAWIVENUE. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Kittitas County. 17., NOT.dCE. All communications regarding this Agreement shell be sent to the parties at the addresses listed below, or at such other address as given pursuant to this Section, and shall be effective on the next business day if sent by registered or certified mail or deposited with an overnight delivery service. Professional Services Agreement for Tourism Markedrig/Advertising Page 8 of 14 City c f Ellensburg City Manager's office 501 N. Anderson Ellensburg, WA 98926 Kieffitas County Chamber of Commerce 609 North Main Street Ellensburg, WA 98926 18. ENTIRE AGREEMENT. The written terms and provisions of this Agreement, together with all referenced Exhibits, supersede all prior verbal statements of any officer or other representative of CITY, and such statements shall not be effective or be construed as entering into or forming a part of, or altering In any manner whatsoever, this Agreement. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the referenced Exhibits. 19. PRIORITY OF DOCUMENTS. In the event that the language and provisions of this Agreement are contrary to or conflict with any language or provisions set forth in any exhibit to this Agreement, the language and provisions of this Agreement shall control, and the contrary or conflicting language or provisions of the exhibit(s) shall be disregarded and shall, be considered void. 1 20. M06IFICATION. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of CITY and CONSULTANT. 21. ASSIGNMENT. Any assignment of this Agreement by CONSULTANT without the prior written consent of CITY shall be void. 22. WAIVER. A waiver of any breach by either party shall not constitute a waiver of any subsequent breach. 23. THIRD -PARTY BENEFICIARIES. There are no third -party beneficlades to this Agreement; 24. EXHIBITS AND SIGNATURES. This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following exhibits are hereby made a part of this Agreement Exhibit A -- Scope of Work Exhibit B — Metrics for Evaluation of Performance Exhibit C — Budget for Each Task Professional Services Acresment for Tourism Marketing/Adverdsing - Page 9 of 14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CONSULTANT: i/�I r:-1 G1.to, .�r Printed Narnw.lltt��L r K 1 rtie: Tax ID* - THE CITY OF ELLENSPURG: By: Printed Nan -A, Title: h ATTEST: — U.&LL Clerk Approved as to Foran: City Attorney Profealonai Services Agreement for Tourism Marketing/Adv&lWng Page 10 of 14 EXHIBIT A SCOPE OF WORK The Chamber agrees to provide the fallowing services and engage in the following aciivifies in :support of the City of Ellensburg tourism development effort. - 1. f ort.1. Hine Tourism Director a. To serve as a direct report to the Lodging Tax Advisory Committee, attending monthly meetings to provide updates and reports on marketing activities and where promotions are being done. b. Prepare an annual marketing plan to present to the LTAC at the beginning of each year. c. Serve as liason to members of the tourism industry and event organizations. d. Prepare the cNy's applications to the Lodging Tax Advisory Committee for funding. 6. Submit a monthly accounting of expenses incumad. f Obtain, analyze and apply data related to tourism -related activities in such a manner as to aid the review of the effectiveness of City of Ellensburg tourism development efforts. g. Submit quarterly reports to the City about services completed and the state and effectiveness of tourism promotion of forts. As requested, but at least twice during the year, present such reports in person to the City Council. 2. Website Maintenance and Social Media a. Maintain, including periodic updates as needed, a pubic web site that promotes City of Ellensburg tourism and provides ink madon for visitors b. Manage, maintain and update on a regular basis, social media used for tourism purposes. c. Track web site traffic statistics including, but not limited to, page views, unique visitors, search tens, entry and exit pages. 3. Collateral Materials a. Develop promotional materials i. Brochures ii. Maps N. Press Kits iv. Video Clips v. Photo Library b. Distribute Ellensburg tourism information and literature in Ellensburg and in other markets c. Maintain stock and periodically review the effectiveness of Ellensburg racks and rack locations. Professional Services /agreement for Tourism Markefing/Advertising - Page 11 of 14 4. Marketing and Advertising a. Administer and overmw Ellensburg tourism promotion efforts to promote the City's events, attractions, fiecilitles, and destination downtown, including i. marketing campaigns, ii. advertising, M. brochures, iv. solicitation of oonventions and meetings, v. participation in trade shows, and vi. other activities agreed to by the parties froom time to time. 5. Signage a. Staff the entryway and directional signage committee when meetings of the committee are recommended by the City. Professional Services Agreement for Tourism AAsrketing/Advertising - Page 12 of 14 EXHIBIT B METRICS FOR EVALUATION Assessment: Performance will be assessed by the Ellensburg Lodging Tax Advisory Committee based upon informatlon provided by the Chamber which will include: 1. The Star Report of hotaltmotel occupancy 2. Organic Search 3. Form Fills 4. Engagement Rates 5. In addition to the goal for Lodging Tax receipts to increase by five percent (5%) annually overall Ellensburg Lodging Tax revenue will be compared with previous year receipts. 6. Sales tax summary for tourism based business categories (to be supplied monthly by the City). Professional Services Agreement for Tourism Markefing/Advertising - Page 13 of 14 EXHIBIT C BUDGET Work Item�Unit--- MARKETNG & ADVERTISING ! Weiisite Maintenance Lunip.Sum Collateral Materials Lump sum Marketing & Advertising Lump sum Tourism Strategy S year plan/Implementation Lump sum Director of Tourism - Lump Sum Contract Administration (L&[, Insurance, Acctg, Lump Sum Mktg pees) Cost 2019 2070 Budipt mot $1083.33/mo $13,000 $13,000 $2500/mo in 2019 $30,000 $32,000 $2666.67/mo in 2020 $.154,680 .$171,353 $50,000 $20,000 $3916.67./mo 'in 201'9 $47,000 $50,000 $4166.67/rho in 2020 $52,000 $50;000 Total Collateral • Materials $,346,680 "$336,885 i TOTAL CONTRACT $346,680 $336,885 Professional Services Agreement for Tourism Marketing/Adver[leing - Page 14 of 14 TOURISM PROMOTIONS AGREEMENT Between the City of Cie Elum and The Kittitas County Chamber of Commerce This Agreement is made and entered Into this 23rd day of October, 2015, by and between the Kittitas County Chamber of Commerce, hereinafter "Chamber," and the City of Cie Elum, a municipal corporation, hereinafter "City." W ITN ESS THAT: WHEREAS, the City and the Chamber seek to cooperate in the provision of tourism development services for the community, and WHEREAS, the Chamber Is qualified and willing to continue providing such services to the City; NOW THEREFORE, for and In consideration of the mutual covenants and promises of the parties hereinafter set forth, it is agreed as follows: A. Chamber's Obligations. The Chamber agrees to provide the following services and engage in the following activities in support of the Cie Elum tourism development effort; 1. Establish, 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 the hours of 10 a.m. and 4 p.m. 2. Ensure that Chamber personnel and volunteers receive regular visitor information training. 3. Distribute Cie Elum tourism information and literature in Cie Elum and in other markets. Maintain stock and periodically review the effectiveness of Cie Elum racks and rack locations. 4. Develop and maintain a separate web site devoted entirely to Cie Elum tourism. S. Develop and implement external public relations throughout City attractions, facilities, 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. S. Obtain, analyze and apply data related to tourism -related activities in such a manner as to aid the review of the effectiveness of Cie Elum tourism development efforts. 1 B. CitVs Obligations. The City agrees to provide the following services and engage in the following activities in support of the Cie 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 implementation of this agreement. 2. Make payment from the City's Lodging Tax Fund to the Chamber for the provision of Its services based upon the budget included In 'Exhibit A—Tourism Services Budget' which is made a part of this agreement. Payments for those budget items shown in 'Exhibit A - Tourism Services Budget' for Visitor Information Services shall be made on a monthly basis. Payment for the services and products covered by this agreement shall be on a reimbursable basis to the Chamber for costs incurred. Budget lines in "Exhibit A—Tourism Services Budget" areapproximate. 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 Promotions Budget' of $106,000 without the prior written agreement of the parties. C. Additional Obligations. The parties further agree as follows: 1. The City, and any agents and employees of the City, in the performance of this agreement, shall act In an Independent capacity and not as officers or employees or agents of the Chamber. Likewise, it is agreed that the Chamber, and any agents and employees of the Chamber, in the performance of this agreement, shall act in an Independent capacity and not as officers or employees or agents of the City. 2. This agreement is not assignable by either party in whole or in part without mutual written agreement of the parties. 3. All of the provisions of this agreement shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties hereto. 4. It is mutually understood and agreed that no alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto, and that no oral understandings or agreements not incorporated in this agreement shall be binding on any of the parties. S. Both parties agree that in fulfilling the terms and conditions of this agreement that neither shall discriminate on the basis of race, creed, color, national origin, age, sex, marital status, or the presence of a physical, sensory or mental handicap. 6. This agreement is a contract for services. The Chamber remains a private nonprofit association of business and professional people, and the Chamber's acceptance of this contract does not result In Chamber membership, or convey the benefits of Chamber membership, to non-members. i. The Chamber's membership directory, web page, displays and other Chamber referral services remain the property of the Chamber and its members, and listing is 'at the discretion of the Chamber. S. The term of this contract shall be for one (1) year, from January 1, 2019 through December 31, 2019. 9. Either party may terminate this agreement after giving ninety (90) days written notice of its intent to terminate. 2 IN WITNESS WHEREOF, this agreement has been executed by and on behalf of the parties on the day and year first above written. W ITAS COUNTY CHAMBER OF COMMERCE CITY OF CLE EWM W Jay McGowan Mayor A tfa chm en t F plMRl OF WIIY�E Job Title: Director of Economic Advancement Status: Full -rime / Salaried / Exempt Salary Range: MOOO - $68,000 depending on qualifications and tenure Department: Economic Development/Tourism Reports to: Chief Executive Officer SUMMARY Responsible for all economic development informat€on and related services in Kittitas County. The Director assists businesses and connects them with federal, state, regional and local programs. This Includes serving as the county's primary economic development contK% administering the ADO requirements. To promote economic development by marketing IQttitas County as a visitor and event destination through programs which include advertising, community relations, promotions and visitor services. ESSENTIAL DUTIES AND RESPONSIBILITIES: • Serve as the primary contact for the county as ADO. o Attend required tralnings, conferences, etc. a Complete ADO reporting requirements • Assist county businesses seeking to start, maintain, or expand. This includes: o Knowledge of economic development programs and services a Meet with and assisting businesses o Advise potential new/startup businesses o Knowledge of properties and landowners, • Assist out -of -county businesses seeking to relocate to the county. o Meet with and assisting businesses from out of the county. o Arrange sight visits; working with other economic development contacts. • Publicize the Chamber's Business Development services. This includes: o Oversee updates to Chamber website. o Publicize services offered to include but not limited to ■ Relocation Packet, promotions of the county o Create business planning events, socials„ networking ■ Job creation/job fair ■ Technology trends N Networking/referrals o Create workshops that focus on but not limited to: ■ Local, state and federal regulations • Government advocacy Track available economic development/tourism grants and opportunities: o Opportunity Zoning a .09 Funding County 609 Nanh Main Street, Ellensburg, WA 99926 (509)925-2002 w-ww.kittitascountychamber.com o Yakima County's Development Association Partnership 'Enterprise Challenge" o Lodging Tax Contract of Services -- Ellensburg, City of Cie Elum, County • Coordinate and nurture communications and relationships among the Chamber and its tourism related members, City and County administrators. • Future Development — develop tourism education presentations or workshops for use within the county, and work via press releases and personal contact to promote the county in a positive Iight nationally, regionally, and locally. This includes editorial content in national magazines, newspapers, blogs, websites, and N promotion. • Research and develop comprehensive marketing strategies, aimed at increasing travel through the area. Work with the hospitality industry to Increase room occupancy through advertising strategies, stay packages, training and other methods. • Collect pertinent travel research and report findings. KNOWLEDGE & SKILLS NEEDED 1. Outgoing personality who enjoys people 2. Writing, reading, and analytical skills 3. Public relations and marketing experience 4. Some data entry skills, competence with office management software S. Strong customer service attitude 5. Organizational skills and attention to detail 7. Reliable transportation PHYSICAL REQUIREMENTS 1. Must be able to lift up to 25 pounds 2. The employee Is occasionally required to stand, walk, climb stains, and stoop, kneel, crouch or crawl. JOB SPECIFICATIONS i. Advanced writing, reading, arithmetic and analytical skills required. 2. High school diploma/equlvalent required. 3. Internet communication skills. 4. Strong customer service skills required in order to communicate effectively with all levels of management, business and government offices/ S. Excellent organizational, attention to detail, follow through and proWem-solving skills required. 6. Experience in planning special eventslmeetings. 7. Must have reliable transportation. WORK ENVIRONMENT The work environment characteristics described here are representative of those that an employee encounters while performing the essential functions of this jab. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. • While performing the duties of this job, the employee is occasionally exposed to moving mechanical parts and fumes or airborne particles. The noise level in the work environment is usually moderate. 609 North Main Strwt, Ellensburg, WA 98926 (509)925-2002 www.ldttitasoountychsmber.com DISCLAD OEL The above statements are intended to describe the genual nature and level of work being performed by individuals assigned to this position They are not intended to be construed as an exhaustive list ofreaponsibfiities, duties and skills requirod by pmabnei so classified. Employee Signature Chief Executhm Office Date Date 609 North Main. Street, Ellensburg, WA 98926 (509)925-2002 wvww.kitdtasmuntychamber.com CIAMBECOMMICE Job Title: Business Development Coordinator Status: FuB--Time / Salaried / Exempt Salary Range: $41,500 - $43,000 depending on qualifications and tenure Department: Economic Development/Tourism Reports to:. Chief Executive Officer SUMMARY To support the Chamber's core mission of business development through the coordination business attraction and retention related activities, and serving as a secondary point of contact far the Economic Development team. ESSENTIAL DUTIES AND RESPONSIBILITIES; • Serve as the secondary contact for the county as ADO. o Attend required trainings, conferences, etc. • Assist county businesses seeking to start, maintain, or expand. This includes: o Knowledge of economic development programs and services o Meet with and assisting businesses o Advise potential new/startup businesses o Knowledge of properties and landowners. a Assist out -of -county businesses seeking to relocate to the county. o Meet with and assisting businesses from out of the county. c Arrange sight visits; working with other economic development contacts. o Serve as "property expert' for the Chamber. Manage and update KCCC's property data base under the supervision of the Director of Economic Advancement. Update building and site availability on a monthly basis internally for KCCC's website and externally with state Department of Commerce. Scrub property Information annuallyfor accuracy and designated featured properties quarterly. • Track available economic development/tourism grants and opportunities: o Opportunity Zoning o .09 Funding County o Yakima County's Development Association Partnership "Enterprise Challenge" • Ald In the production of a semi-annual newsletter. This Includes gathering pertinent Information, drafting and formatting articles, and disseminating to the appropriate industry list. • Participate In various external and internal meetings and events that require KCCC staff support and Involvement. This may include Chamber functions, Centerfuse meeting and other possible functions. • Other duties as assigned. 609 North Main Street, Ellensburg, WA 98926 (509)925-2002 wwwldttitasmuntyrhamber.com KNOWLEDGE & SKILLS NEEDED 1. Outgoing personality who enjoys people 2. Writing, reading, and analytical skills 3. Public relations and marketing experience 4. Some data entry skills, competence with office management software S. Technically savvy (ability to use online resources for research) 5. Strong customer service attitude 7. Organizational skills and attention to detail & Reliable transportation PHYSICAL REQUIREMENTS 1. Must be able to lift up to 25 pounds 2. The employee is occasionally required to stand; walk, climb stairs, and stoop, kneel, crouch or crawl. JOB SPECIFICATIONS 1. Advanced writing, reading, arithmetic and analytical skills required. 2. High school diploma/equivalent required. 3. Internet oommunlcation skills. 4. Strong customer service skills required In order to communicate effectively with all levels of management, business and government offices/ 5. Excellent organizational, attention to detail, follow through and problem -solving skills required. 6. Experience in planning special eventsfineetings. 7. Must have reliable transportation. MINIMUM REQUIREMENTS • Bachelor's degree with significant coursework In business administration, economy;, marketing or public relations. • Relevant work experience In development authority, chamber of commerce, business development or research. • Superior recommendations from prior employer(s) • Professional chamber or authority, marketing, research or public relations work experience preferred. WORK ENVIRONMENT • The work environment characteristics described here are representative of those that an employee encounters while performing the essential functions of this job. Reasonable accommodations maybe made to enable Individuals with disabilities to perform the essential functions. • While performing the duties of this job, the employee is occasionally exposed to moving mechanical parts and fumes or airborne particles. The noise level in the work environment is usually moderate. DiSCLAMMR: The above stateanents are intended to desmile the genual nature and level of work being performed by individuals assigned to this position. They are not intended to be construed as an exhaustive list of responsibilities, duties and slabs required by personnel so classified. 609 North Main Street, Ellensburg, WA 98926 (509)925-2002 www.kittitascountydwmbear.com Employee Signature Chief Executive Office Date Date 609 Nioi#h Main Street, EIlensburg, WA 98926 {509}925-2002 www.kittitascountycbambcw.com AIMED �EIlE Job Title: Commercial Property manager Status: Part Time/Hourly/Exempt Hours: Monday -Friday 9.^00 am -5:00 pm with evening and weekend work during events Salary Range: $14,00 - $16.00 depending on qualifications and tenure Department: Economic Development/Real Estate Reports to: Chief Executive Officer Summary The commercial Property manager will help organize and coordinate administration duties and office procedures. Their role is to create and maintain a pleasant work environment, managing the day-to-day financial operations of the property, including finding and placing qualified tenants, and they ensure ftproperty is In good working order. Ultimately, Property Manager should be able to ensure the smooth running of the office and help to Improve Catalyst Co -working procedures and day -today operation. Responsibilities Tenant Relations - responsibilities include scheduling meetings and appointments, making office supplies arrangements, greeting visitors and providing general administrative support to other departments (by request, depending on availability). Develop rental agreements, selects qualified tenants, and collects deposits and rents. Enforces terms of rental agreements. resolves tenant complaints, and overseas eviction proceedings If necessary. Create and maintain office policies. FaocOUGS Manageawnt — schedules maintenance and repairs, negotiates contracts wish vendors, regularly Inspects property to ensure R Is In good working order, and quickly resolves emergency maintenance Issues. Marketing — keeps properties occupied with qualified tenants through advertising, lead follow up, property showings for prospective tenants. Schedule meeting and appointments for the meeting rooms in all locations. Pin In-house or off -sits activities, like partles, celebrations. Coordinate social media, blog and outreach marketing for Catalyst locations (local publications, Art Walk, & by other requests. Knowledge & Sidlis Needed! is • Familiar with applicable local, state, and federal laws and regulation 609 North Main Street, Ellensburg, WA 99926 (549)925-2002 wvww.k ttfasmuntvchamber.corn fi Strong interpersonal & business communication skills High level of organization and attention to detail • Competenoe with office management software { Knowledge of financial reporting Physical Requirements 1. Must be able to lift up to 25 pounds 2. The employee is occasionally required to stand; walk, climb stairs, and stoop, kneel, crouch or Crawl. Job Specifications: 1. Advanced writing, reading, arithmetic and analytical skills required. 2. High school diplomalequivalent required. 3. Internet communication skills. 4. Strong customer service skills required in order to communicate effectively with all levels of management, business and government offices! 5. Excellent organizational, attention to detail, follow through and problem -solving skills required. S. Experience in planning special event's/meetings. 7. Must have reliable transportation. Work Environment: The work environment characteristics described here are representative of those that an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is occasionally exposed to moving mechanical parts and fames or airborne particles. The noise level in the work environment is usually moderate. DISCLAIMER: The above statements are intended to describe the general nature and level of work being performed by indivWuals assigned to this position. They are not intended to be construed as an exhaustive list of responsibliiHes, duties and skills required by personnel so dasstfied. Employee Signature Date Chief Executive Officer Date 609 North Main Street, Ellensburg, WA 98926 (509)925-2002 www.kittkwcountychomber.com =moo=;K vQ �, o n 70 1'n Q C�m r9A 4 A+ R we r 0CR w t up x �Q Igo 5 n RCW 82.74.370 Sales and use tax for public facilities in rural oountlee. RCW 82.7 4.370 {3xlii} "Economic development office" means an office of a county, port dist�s, or an associate development oigar&aVon as defined in RCW 43.330.010, which promotes economic development purpoess within the county. � cement ®OARD OFCOUNTY COMMISSIONK,RS COUNTYMMIMAN STATE OF WASHV40DN IN TH9 MAT1'IRR OF APPROVAL OR Tf111C KrMjrA8 R YAKINA Cho [XMRHRMVR scomow DEVRLDlmm'f ""TwY. WMMUCASr Kittitas Cowty and Ysldm COOKY and its public and private lea wm to Rte' and mvwwfy the MO nal na wmy; dRFr,St a K ,comic M&OVA"hWP mar W Daae U and drive r;Il7adi a per ' ) for the WIICRZABt it (SDS wB also help dao mjkw gars aWWoo sadv JPPMIbrspmft Pmt WA the l: WWW Beuomic DeW"NU t Ade�bwlwmkw4 the tm COUDW CEDS wig be d dm by a broadly MPueakdve local mwrbW W AS: sav"(PA&forwuna will tv hald to VAS ;pant and inn" in tlas C%DS p1m; WmwmuB: m extan" ow,etreacb POO= will be adminiamd to:pocalimWIY MUM that WWMWjPF0 � nd kWuw -� wmt1 WHUMASr the CEM pbu will help rmWisb a two cool*EaMMc that am help dib important p� l iM Wim: it is bexKli W to Main de CBDS so dW the i400rxr * DewbMM Ad"02 butiou (RDA) can oaneider s wmdo;nvoomm" wi is our herr; Now THICK an 1T RESOLVED that the Kittilas C oumty BoIrd 0fCbmWnjuwn ad" do bHowing dom merit (+mel mft A) as dw ffmal CEN plan for 2016 - 2019. DATED Iris 19th day of iswi y, 2016 at Elm, W . BOARD Op' COUNTY COM1yUMNR. K1TT1 p COUIwITY, WASRIl11G`T[>gi teary Bee A Comm w J A Excerpts from the Yakima and Kitti#as Counties Comprehensive Economic �veioprnen# Man . �0 noes Regional 5 F—�- .L �t ,,.,_�: A ..`-tiy�p4 �,�� ,,,,, — •� , provide usfstance to upending or trlaub ed comp,,Mes MVCDA, babas an efilialt to suPPat)WH and privau hnmstment within Chernber South Ysbm County. Central Work&ra Coundl- `IN+;'all IV ►, �.. �I•�� � •.tit 7 -� ,�� • MOMPt the region as a balness ioatbnfqg f 115 �- 1ftAA, bb> . newsletters, websites prospecting U*4 public relations and Chamber, port other straw, .40 hWke1k*W Vw* and Implement coopelatil+e n1lwrioetlrAg Ind that raise the1`6111119l4tt#taa ''a and mon as a business location Clamber► ftrt kobld"16, JW saaOMb to- � ol► tem hw%m i My In corlst with site selection.. _ } . • :: .. pnofessiaMIS through e- newalattors, cored "WIL end special tr* or events. yaw . K ticas r� bu ynepps !p V411as and end r Ite the fialssibfbyaf expantSng exl�lrlg business �, iClttgas . plan contests and other inittrtiM that support Chamber, local entrepreneurs and ernerOM bu3inesses In the taro county& region UntV sties 46 0*0 a•rnplfl ul;atlwrOMP Petall lrh�ub r ors ram In , Amis Gw end * bM DMu s to irnolpi" pt tflFs . MOW In Voldmp �.. of OrRanite and offer pertodk seminars for entrepreneurs and establhW businesses that pra W help in the arms of fluence, rnarkettng, management, getting started, etc. M*q* to kf� Ioaaf e • ~ - -.. tiedhrhical and mpis � to _ _ pr lor»i employees to Central tiuslriess educatlon partnerships for K-12 and posUSAVndary schools :gyp w�i'be�retl porlrr� s�.� s i 1ht 'f1M $ whirmhlnec fl< } (M Am" Sum Ifiltripoes. Implement a series of topical seminars to sapport key local Indra" clustars end VWr hey arnpbyeas, riu fhp�vlt e�� in tfle � nkW !apporEhr Inose technical tr*hft opportunities bYeWnding the Yakksa Vocational' Technical Skills Center and bugling a satelllt+e facif y in Sunnyside. art plat i,lAagr�M.;rh ifaapn�to�; ' Initlate a Mechinir4gApprship Program to provide in depth training to the Was incumbent worMbm and support the state's sarospaoe industry YCDA, SBDC, SCORE, ELMsWg Downtown Association, RCDR, Kiltltas Chamber �yCDA, fCittitas Chamber iEsn 10, YCDA, Stwoc c", IRtttea Chamber l vem YCDA,10ttltas Chamber, St~1= VMCH, Yakima School DbUtt yl K ���hriNahf 4F Car*,," Foss 14,Wftelvaim -�a�Jrne>dtr� _ VVGCi M :Ac loltd +� Cum Cola hnpravements lneludiKg, roadway, water, sewer, NOM" and Port Districts,- at t and pedei, 3, 4, 6 regbm s#rlan access rip pr10 ty .MW Kittftsgr umber WA Fuad dppropriate infrastructures prolem nth each ms's Val�rna OM% sslps tax ferning dedicated towards economk County. Kktltas day pment prvj ctc County, metas �tlt �setes toandatraq belt incorporate local brewmaries and disiilleft into promationai and trludsm mad Ming inkktives. Opt l�rfs110 ithd1 Wyk* YM, YCDk Kttt%u Membw �r area OdbA* Pursue securing funds to make improvement to fairgrounds K"I"s and other landmark facilities in the region to enhance their Chambe• KittKas capablKies to support enhanced tourism. y % is 11 M I 7., ry, AsSemand Mventory the OW's current retell offerings and of Yaklrrra, ,cre;u a fwmkmM and J"arkOtIng strategy for d meaftre Downtown c1tv of dAW *01"0. Bleniftrs Downtown Detemono Pmlble ba dans for parks, PIOM and a Pem*ne"t 10=bn for an annual farmer's r"gaM that e"hwwft overall downtown re*aibmbn worts. CItV of Yakima st Of d Develop n,g&ftlAgand PMmatloonalal mateftb that hIghlW of Y4kkna, downtown and nekhbwhood businessEkmd" devniopment OPPOftnkbL Downtown Association A0§*rent .Of Mot vion ft clw. of Oilb n Implement Planned Infrab=ure Improvement that support North 1st Street RevitalkatlDn I CitV of Yakima 34 A.4 8 4 31 I In accordance with IrDA guidelines, annual report$ data development actfvftfes will be progress echky+�ed on ecanamfc needled to antic) prepared. The yearly reports will effectively adlust the CEoS as pate new opportunfties, address new issues, Identify new projects and strategies and remove finished projects and strategies. Since the CEPS Is a living document, annual reports will will be Years efforts toward defined oats. provide details regarding the previous g KeV obimives will be tracked and "next steps" stated for the coming year. These projected plans wilt continue to idea estkrlaftd costs and timeframes, funding mechanisms, +esponsible specific prem' partners. parties, and project The following performance measures wig be used to evaluate how well st are producing desired outcomes and impacts for the Kktrtas Yakima region and projects GOAL ONE; Support the fel tntlon andbWanhmof Clusters and Industries Number of new Jobs created ` Number of Jobs retelned { • hwease In private k"stment Number of key companies receiving -depth counseling hi or more hours) Number and $ value of key lndustrV/buskress ' capital expansion projects,, e Number and types of neral and State F Investments secured to s y " upport specllic ciustrr or industry collabonove h*btwa ° $ ban capital Ped"ed to support expendr4l lausirfesses 0 $ value of tax eredNs secured to support expanding businesses Eau Two. support smaN lwslness &=ass and EnvqWene wsw • Number of new ventures anted Number of workshops offered for srna! business and entrepreneurs Number 01 1=1 businesses recelvk g imdepth counseq ng (4 or more hours) 0 Number of Jobs created by small businesses rec:emft help from k termediarks Number and types of Federal and State Imrestments secured to support small business deweJopment $ Increase in private Investment from expanding smA businesses $ ban capital packaged to support expanding businesses GouLL TMEE: DaM ft a Wolid Class Woskj e + Number of camrrpenies investing In customized worldbirce training • Number of employees Participating In customlxed training activities • $ value of company investments In ur "Mized worker training • $ value of funds secured for general or customized workform training • Number and type of new trainingeducatlon degree p, ms and cel • Number and types of Federal and Srate development invertmwft secured to support worldorce training or Number of STEM graduates from arm colleges and technical schools * Number of disadvantaged workers successfully placed Immo Joe Goat Foun: Invest In CapIW ftc!M les and Imre Number and types of Federal and Stare knestments made to support specdic Companies or prepare for economic development opportunities + Number and $ SwOunt of funded water/sewer irnpnernent projects • Number of new jobs created " $ private investment trinered OA AMWAIWIt • Number of acres of IndAwrIal property Improved or readied Goan. FNL- Promote Tourism sad DevWbp Vbik r Armes • Number of vismn using websites, vh for centers, etc • $ value of publicity generated In support of tourism amenities end attractk= • # days of ramvartlons/meeongs booked at ley pd& fedNtles • Number of events rrested/supported D estimated economic impact increase In overall economic impact from visitor spending 91 6ow.Sor. Monte powntwAM and Nalghborhood 8ashuas Mbft Number of businesses started or reau ted to to !► Number of cornpanles rxpandkig within to mad business dist Number of meted business dhtricts hooray MY companies raoeM"S �-depth counsef g (4 or more Number nts of"ecreated/wpported & estimated amnomk Impact Number of naw jobs cm ted Number and $ amount of Federal and State Investments in revitalization Number of jobs retained $ 'w9w In Irrtmts broestment from expanding businesses ��l � - 9M 6 5435 . _ � o ,stiaaarae�aa- 2 $100+;, h $678 E ut,aN _ M,aaSNr 15t 3 2 The Yeldma and Klttltas County CDmmisslons will rMir ain a CEDS or use the committee of a regional Economic Development DisM to evaluate the CEDS Board group will update perlbrmance, measures as necessa plan on an annual basis, The Implementation. based based upon actual eaperience wft pllan 54' t + .t 10 m 4R i a 1 s I dt W T w i oil lf, il��li F f T- r N r 0 f L / a gyri W fi i rq