Loading...
HomeMy WebLinkAboutRes-2019-159 CoCBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO: 2019-E q 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 . ' 1\1111111 1,,, 1,,1,, ·,,, COM I r, ',,, ti,11 ·, ,,, .. , ~'0 ........ '•, . .S,.5'/. ,,,, $' 0-J,/ ·· .. 01,_~ ~ (j .· ··. ~ ~ § / ----·-.' } l :; : -~(JJ -:: :; ; ~ . . = :: :>-: ~ ; : i;:· ... ---/~! \:'9/· .. ~1~~-1 ~ Board-Julie Kjorsvik ,.,,,., q{;;;'":__.:.. -v\~ ~~ ,,,,,, 'UJvry v,JP,..':J~ ~,,,, '11111 ,11q1111111\ BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON ,~ Cory Wright, Chairman ~ D D~puty Clerk of the Board-Mandy Buchh z QllY1 ~ill 1~/~ omm1ss10ner 2020 DISTRESSED COUNTY SALES AND USE TAX INFRASTRUCTURE IMPROVEMENT PROGRAM AGREEMENT BETWEEN KITTITAS COUNTY AND KITTITAS COUNTY CHAMBER OF COMMERCE This Contract, dated Na \I, S , 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 1. Scope of Work. a. Funding Recipient shall provide the services and staff described in its Application for Funds submitted to the Council of Governments, attached hereto as Exhibit "A" which is attached hereto and incorporated herein by this reference. b. Except as otherwise specifically provided in this Agreement, Funding Recipient shall furnish the following as required to perform the services, described in Paragraph (a) above, in accordance with this Agreement: Personnel, labor and supervision; technical, professional and other services. All such services, property and other items furnished or required to be furnished, together with all other obligations performed, or required to be performed, by Funding Recipient under this Agreement are collectively referred to herein as "Services." Section 2. Payment. a. As full compensation for satisfactory performance of the Funding Recipient Services, the County agrees to pay Funding Recipient the sum of 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 joyce.white@co .ki ttitas.wa.us Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Pagel d. Reporting requirements of your events will be required on prescribed forms from the Kittitas County Public Works Department. Section 3. Performance by Funding Reci p ient. a. Funding Recipient shall not (by contract, operation of law or otherwise) delegate or subcontract performance of any Services to any other person or entity without the prior written consent of the County . Any such delegation or subcontracting without the County's prior written consent shall be voidable at the County's option. b. Funding Recipient shall at all times be an independent Funding Recipient and not an agent or representative of the County with regard to performing the Services . Funding Recipient shall not represent that it is, or hold itself out as, an agent or representative of the County. In no event shall Funding Recipient be authorized to enter into any Agreement or undertaking for or on behalf of the County. It is understood that the Funding Recipient and the Funding Recipient's staff and employees are not employees of the County and are not, therefore , entitled to any benefits provided employees of the County . c. Funding Recipient shall comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, and other requirements, now or hereafter in effect, of any governmental authority (including, but not limited to, such requirements as may be imposed upon the County and applicable to Services). Funding Recipient shall furnish such documents as may be required to effect or evidence such compliance . All laws, ordinances, rules, and orders required to be incorporated into agreements of this character are incorporated into this Agreement by this reference. Funding Recipient agrees to obtain all required licenses and permits, and further agrees to keep them in full force and effect during the term of this Agreement. d. The County and the Funding Recipient agree that in fulfilling the terms and conditions of this Agreement neither shall discriminate on the basis of race, creed, color, national origin, age, sex, marital status, or the presence of a physical, sensory, or mental handicap. e. The Services shall at all times be subject to inspection by and approval of the County, but the County's making (or failure or delay in making) such inspection or approval shall not relieve Funding Recipient of its responsibility to perform the Services in accord with this Agreement, notwithstanding the County's knowledge of defective or non-complying performance, or the substantiality or ease of discovering the same. Funding Recipient shall provide the County with sufficient, safe, and proper facilities and equipment for such inspection and free access to such facilities. f. This contract is subject to review by any Federal or State auditor. Funding Recipient shall promptly furnish the County or its designee, or such Federal or State auditor with such information related to the Services as may be requested by the applicable governmental entity . Funding Recipient shall preserve and maintain all financial records and records relating to performance of Services under this Agreement for six (6) years after contract termination . For such duration after the County makes final payment of compensation due hereunder, Funding Recipient shall provide the County access to (and the County shall have the right to examine, audit and copy, Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Pagel with or without notice) all of Funding Recipient's books, documents, papers and records related to the Services or this Agreement. g. Funding Recipient understands and acknowledges that Funding Recipient is solely responsible for its own reporting and accounting of all state, federal, social security, and local taxes, of every nature, arising from Funding Recipient's performance of this Agreement. All compensation received by the Funding Recipient will be reported to the Internal Revenue Service at the end of the calendar year in accord with the applicable I RS 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 Page3 Section 6. Industrial Insurance Waiver. With respect to performance of this Agreement and as to any claims against the County, its Additional Insureds, officers, agents and employees, the Funding Recipient expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to Funding Recipient's employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Funding Recipient. This waiver is mutually negotiated by the parties to this Agreement. Section 7. Insurance and Endorsements. a. The County may require through a request in writing that the Funding Recipient provide the County with a certificate, binder, or policy of liability insurance, acceptable to the County in an amount specified by the County . b. Such liability insurance shall be such as will protect Funding Recipient, its employees, agents and representatives, from all claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury (including death) or property damage that may result from performance of the Services or this Agreement, whether such performance is by Funding Recipient or any of its employees, agents or representatives. c. Should the County require such 'liability insurance, the Funding Recipient agrees to provide proof of insurance prior to commencing performance of this Agreement. d. Copies of the County's written request and the insurance documents provided by Funding Recipient shall be attached to this Agreement and by this reference will be made part hereof. e. Where insurance is requested by the County, all liability insurance policies shall be endorsed to include the County as an Additional Insured and shall stipulate that the insurance afforded by the policies shall be primary insurance, and that any insurance, self-insured retention, deductibles, or risk retention trusts maintained or participated in by the Parties shall be excess and not contributory to any other insurance maintained by the County. Funding Recipient shall furnish the County a certificate of insurance with Endorsement as evidence that the required policies are in full force and effect. Section 8. Termination. The County may, by written notice thereof to Funding Recipient, terminate this Agreement as to all or any portion of the Services not yet performed, whether or not Funding Recipient is in breach or default. Upon receiving such notice of termination, Funding Recipient shall, except as otherwise directed by the County, immediately stop performing the Services to the extent specified in the notice . In the event the County terminates the Funding Recipient's Services, the Funding Recipient is obligated and hereby agrees to refund to the County all monies paid for Services not yet rendered by the Funding Recipient, if any, as of the date of the notice of termination. Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page4 Section 9. Miscellaneous. a. Funding Recipient shall not (by contract, operation of law or otherwise) assign this Agreement or any right or interest in this Agreement without the County's prior written consent. b. This Agreement embodies the entire Agreement between the County and Funding Recipient , and supersedes any and all prior oral or written communications, proposals, conditions, promises, representations, or understandings regarding the Services. No change , amendment or modification of any provision of this Agreement shall be valid unless set forth in a written amendment to the Agreement signed by both parties. c. Notice for any purpose under this Agreement, except service of process, shall be given by the Funding Recipient to the Kittitas County Commissioners and the Kittitas County Public Works Director, 411 North Ruby, Suite 1, Ellensburg, WA 98926. For all purposes under this Agreement, any notice by the County to the Funding Recipient shall be given to the Funding Recipient's address provided on the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid, certified mail , return receipt requested. d. The section and paragraph headings of this Agreement are for reference convenience only and are not intended to restrict, affect or be of any weight in interpreting or construing the provisions of such sections or paragraphs. e. This Agreement may be executed in one or more counterparts and by facsimile, each of which will be deemed an original, but all of which together will constitute one and the same instrument. f. Funding Recipient warrants to the County that the individual signing on Funding Recipient's behalf has the requisite power and authority to enter into and to perform Funding Recipient's obligations under this Agreement. Funding Recipient further warrants to the County that Funding Recipient has made no misrepresentation or misleading statement in connection with this Agreement, and is not in violation of any applicable law, ordinance, or regulation the consequence of which will or may materially affect Funding Recipient's ability to perform its obligations under this Agreement. g. If any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid , such invalidity shall not affect the other terms , conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable . h. The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be in Kittitas County, State of Washington. Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Pages KITTITAS COUNTY BOARD OF COUNTY COMMISSIONERS Brett Wa hsmr • Vice-Chair La ~mlssioner Dated: I I / ,5 J I q • APPROVED AS TO FORM : Deputy Prosecuting Attorney Address Telephone Dated : 10/ I I/ 2.01 q ------~~------- Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page6 Kittitas County Deparbnent of Public Works Distressed County Sales and Use Tu Grant Program 411 N Ruby St., St.e #1 Ellensburg. WA98926 CHAMBER OF COMMEICf ~ JUL I 5 2019 RE: Distressed County Sales and Uae Tax Grant .Application -Economic Development Office Personnel To Whom It May Concern: Please find encloaed a completed application for the Dimessed County Sales and Use Tax Grant Program with the following attachments: • Attachment A-continued answer to question #3 • Attachment B -ADO Contract Template/Pedormance Targets • Attachment C -Chamber Economic Marketing outline for ADO Scope of Work • Attachment D -ADO Cenification, RCW 43.330.080 • Attachment E -Local funding Agreements • Attachment F -Job Description/Org Chart • Attachment G -RCW 82.14,37 • Attachment H -Kittitas County Resolution ·No. 2016-014 and excerpts from the Yakima and Kittitas Counties Regional Comprehensive Economic Development Plan • Attachment 1 -Excerpts from the 2009 T.I.P. Strategies Report Additionally, I have included with this submittal 12 copies of the completed application with attachments u requested in the application. Thank you for this opportunity and Cur considering this grant request. Please do not hesitate to contact me if you have any questions. Sincerel.v. Amy McGuffin Chief Executive Officer 609 N Main Street Blenaburg, WA 98926 (888) 925-2204 CONNECT Wl1H US KittitasCountyChamber.com (609) 926-2002 Kittitas County Department of Public Works DISTRESSED COUNTY SALES AND USE TAX APPLICATION FOR ECONOMIC DEVELOPMENT OFFICE PERSONNEL The 01.stntased County Sales and Use Tax supports improvements to infrastructure systems that foater economic development In Kittitas County as well •• providing fun~ing for personnel In economr~ development offices. The goal ia to create economic opportunity through local rnvee.tment. APPLICANT INFORMA UON Applicant: KITTITAS COUNTY CHAMBER OF COMMERCE Contact Name: AMY MCGUFFIN CEO Addrass: 609 N MAIN STREET Addme: City: ELLENSBURG WA Zip: 98926 Telephone: 509.925.2002 EXT 27 FAX: NIA E-mall Addres•: AMY@KITTITASCOUNTYCHAMBER.COM Offlc• Location: ELLENSBURG Jurisdiction Populatlon: 46, 157 -------Funds Request: Staffing for economic development department to help assist startups, exisitng or expanding businesses including business recruitment and relocation in Kittitas County. APPLICATION THRESHOLDS Applicant Check~: [l] Requirement: 1. The r~ue•t I• to provide funding for peraonnel In an economic development ofr1ee Iii Klttftu County. 2. D18tresaed County funds are not being substituted for Other funds that are already secured. 3. Applicant hu submitted only one appllcatlon this round. 4. The local/reglonal economic development organization has been infonned of this raqueat. s Proposed Budget: Funding Sources Distressed Cowity Funds Request: *Other Funding Sources: Federal (list sources): ___ _ State (list sources): WA 5tate Department of Commerce Local Government (list sources): Munlclpal Lodging Tax and Tourism Funds Other (list sources); Member dues, Program Sales and Events Project Total: "'*Distressed County Fund Matching Ratio: Amounts 92,000 $50,000 $816,996 $547,350 $1,506,346 93.89°/o Funding Secured? []Yes / no [l] Dyes/noD ll)yes/noO [l]yes /noD ll]yes/noo *Note: You must include documentation for all other funding sources listed (i.e. grant requests, award letter notifications, legislative resolutions, etc.). UNote;· Your Distressed County Fund matching ratio must be at least or greater than 10% in order to qualify for funding consideration. The COG will not consider any requests which do not provide at least 10% matching funds from a local source. 6 PROJECT NARRATIVE 1. Request Deacriptlon: Pfeue describe the work this position wlll perfonn. Include a Job d•criptlQn and any other pertinent Information. These funds wtll be used to help fund staffing for the Kitt Co Chamber of Commerce 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 Cle Elum. 2. I• this I new poettlon for your organlutfon? It so, please describe why this position Is needed. If not, why la It • neCffffry for IJI• ·tund to continue to 1upport thla paaltlon? 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 county-wide organization offering businesses technical assistance, assi&1ance 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 incentives, 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 up with the local trends and uncover barriers that Inhibit economic vitality. 3. WIii your organization ba capable of auppo~ this position lri the future without support from this fund? Please deecrlbe your plan and Include target dates for Implementation and completion. If no plan is currently in place and/or no plans are being made, pleaae explaln why. No, the Kitt Co Chamber of Commerce cannot continue to support its current efforts of business recruitment, retention and assistance without these funds. The State Legislature realized this and provided a provision in RCW 82 .14.370 section 3 c(ili) to fund an "economic development office". The legislature also 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 •1n implementing this section, the count shall consult with cities, towns, and port dlsb"lcts located within the county and the associate development organization serving the county to ensure that the expenditure meets the goals of chapter 130, laws of 2004 and the requirement of (a) of this subsection." (Please see attachment A for remainder of answer) 4. Will this poeltiori aerve the need• and/or lnteresb5 of multlple Jurisdictions and/or organizations? Please explain In dlltall. Yes, we work throughout all of Kittitas County and with all of the munlclpalttles. We are CUIT8ntly 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 culT8nt business. Additionally, we were pert of 9 site visits to Kittitas County specifically. By conducting surveys end 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 munlclpelltlea, Centerfuse (formerly EBDA), Central Washington University, the Ellensburg Downtown Association, Cle Elum Downtown Association, SBDC and the Yakima Development Association with projects like Cle Elum Main Street Revitalization, Downtown Master-plan, the Enterprise Challenge Business Plan Competition and small business incubation through the Catalyst Co-working spaces. 7 5. What goals and deliverable• have you set for this position? How wlll you m•nure sut;1cess? The goals for the Kitt County Chamber of Commerce Economic Development department are attached and our success will be measured by the same 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) 6. Indicate If the propoaed position 18 conalatent wnh the following applicable state, regional and local plans and prlorldN for economic development. ~lease Include the pertinent sections of the raspectlve plan(a) as Juatlflcatlon. Pleaee explain In detail how this position Is compatible with the plan(s): !~! overall Economic Development Plan -Offk:lally Adopted Jan 19, 2016 KC BOCC D Community Action Plan (or other communlty..l)ased plan) -Offlclally Adopted ______ - [l] other 2009 TIP Strategies 7. How wlll this position meet the economic development goala 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 Kittitas County during the county involvement phase of the CEDS. The Kitt Co Chamber of Commerce Is encouraged by the goals that are being referenced in the March 2019 Kitt Co 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 8. D.escriba any research your organlzatlo-. h•• conducted which ahowa the need for this poslU~. PINH Include lh• data upon which your cJalm• are based for our rvview. 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 focal 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 effective fonn 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: Kittutas County Department of Public Works 411 N. Ruby, Suite #1 Ellensburg, WA 98926 9 Applicant Certification Certification is hereby given ~ the informatio~ provided is accurate and the appli~ble attachments are complete and included as part of the application package. I certify that application thresholds are met at the time of application. Signature of Agency Representative Typed or Printed Name Sponsoring Agency (If Applicable) 7 /tS-/olDI 'f Date Date Date Associate Economic Development Organization Notification The organization listed below has received notiftcation or this application as demonstrated by the signature oftbe organi7.ation's representative. Name of Organization Signa ~ l)f;l> -r/J.S@-01'1 Date Kittitas County Department of Public Works Receipt of Application Signature of Kittitas County DPW Representative Date Typed or Printed Name 10 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS DISTRESSED COUNTY INFRASTRUCTURE JMPROVEMENT PROGRAM APPLICATION DUE DATES FY2020 Distressed County Sales and Use Tax Application for Economic Development Office Personnel: Applicants are invited to appear at the COG meeting when the project's criteria is reviewed. APPLICATIONS DUE COG ~EETING DATES 202 0 Applicati on d ue D ate COG Meeting§ July 15, 2019 ..................................................... , ......... Aupst 2019 COG Meeting .. Fwiding available January 1, 2020 II 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 strensthen our relationship with the Yakima County Economic Development Association to eliminate areas of overlap on regional Issues that wlll 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 wlll have additional staff t~ support in the efforts of attracting businesses to Central Washington. Through that relationship, Foreign Trade Zone 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. AH-ttohrnent e, Department of Commerce Office of Economic O.V.lopment & Competll:lvenNB Associate Development Organization Grant Contract Development Template Biennium 2019-2021 -(July 1, 2019-June 30, 2021) *FY20 -(07/01/2019 -06/30/2020) FY21 -(07/01/2020-06/30/2021) •Fiscal Vear= FV Revised (05/28/19) The Intent of RCW 43.330.080 "The legislature finds that eoonomlc development success requires coordinated state end local efforts. The leglslature 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 effort. The legislature Intends to bolster the partnership between state and local economic development efforts, provide increased funding for local economic development services, and Increase local economic development service effectiveness, efficiency, and outcomes." [2007 c 249 § 1.) Please return the completed template to ado@eommerce .wa .gov by June 151 2019. Once we have your Information we will develop your contract and send it to you for signature. If you have any questions please contact Diana Divens at 360-nS-4187 or ado@commarce.wa.gov , *Fiscal Year= FV Revised (05/28/19) Each ADO wlll enter Projects into the Sales Force ADO Portal under the Projects tab. Commerce wlll use this system of reporting to provide numbers to the Legislature In the Priorities of Government (POG) quarterly reports. TABLE C ADO -Required Metrics for the 2019-2021 Biennium G~ SCODe of Work County: Kittitas~ ADO Name: Kittitas County Chamber of Commerce -__ _ -~- Required Metrlcs -Resulta W•hlngton and/or Leglslative Reporting for Projects via Saleaforce ADO Portal The ADO will 'Identify and daacrlbe Projects and busln88888 In the Salesforce ADO portal. The portal will have selections to define the type of business (e.g. reauitment. retention, expansion, start-ups) Commerce will tally totals to report aggregate metrics for the following every quarter to the legislature: • Number of businesses alted, retained, expanded, or startups • Number of Jobs aeated • Number of Jobs retained • Amount of investment generated • Average annual wage of aeated jobs (In dollars) • Amount of new state tax dollars generated Please submit the completed template to Diana Divens at: ado@comme rce .wa ~gov 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-Provide a target 1 for FY20 and FY21. • Number of follow-up interactions with businesses-Provide a target FY20 and FY21. 4. READINESS & CAPACITY BUILDING 16 24 -....:::. 1' I 32 -- 48 . ReadlnH9 & Capacity Building The purpose of readiness and capacity bulld lng Is to raise the IMng standards end to Improve the quality of life for all cftlzens .In a community It 1s a comprehensi ve m1tiative to improve all aspec:ta of a community's lnterdi;tpendent human Infrastructure, soaal infrastructure and phys ical infrastructure It seeks to build initiatives around shared values, opportunftles, problems, threats and concerns . Positive change beg ns wtth creating shared vision that can be transform$d into reality by goals, obJecbves and act ion plans. It encourages leaders to avoid conflicts of interest, seek consensus and disengage from ecllvltles that might benefit one group or Individual at the expense of others. It also involves consensus bulld lng that looks for the best solutions rather than politically expedient or popular. It IS directed towards lncreasu,g a communl ty's leadership capacity for solving problems, Leaders 1n community tnltJatives are shared so that respona lblllty and commitments are encouraged among broad base of the populeUon , L~ders work to transfonn 1helr communities for the better and Insp ire others to do the $&me It 1& and educational process that helps citizen to understand the economic, socia l, pollbcal, enwonmental and psyoholog1CSI aspects of vanous solutions. Readmess and capacity bulldlng 1s focused on actl<>n ~t 1rnproves communities by transforming leam lng into performance . • Number of engagements with other organization and local governments to increase community asaets/capaelty. Provide a target for FY20 and FY21. Definition: This counts meat1nga, events, and contacts with other groups and indivlduals where the purpose 1s to increase the community's ability to grow and prosper econom cally • Number of actlvitles involved In within the community. Provide a target for FY20 and FY21. Definition · Thls inc ludes fa rs, parades, global entrepreneur week, business plan competitions, farmer's markets, seminars, and other structured acttvities 1nvotv1ng the community In vvhich the ADO 1s Involved m planning, organizing sponsonng or co-sponsonng. •Fiscal Year= FY I Performance Measure Targa FY20 ~ ~ .: 20 == =...., .::. - 24 Perfonnanca MeuuNTarget9 FY21 1- 40 I [ Revised (OS/28/19) LI • Current Marketing Outline w1th work items and timelines on file? Enter a 111" for FY20 and FY21 (combined). • Pkifl~it.' };1..:!;m1! vuur niar!rnt;i)fi ou:,111e (fvlwk.c:c:rrg Pl,-:;;) will·, th1:(; t(•I", :1'.Jle4tt:-. • (Please NOTE rl 1orli i,, nn!y one IJ~rl,t•i1n9 (.lutln it:, re<;urr~c f,11 the \",hoif.• b1enri1•_,n; FY'lO and fY~~l c.oni~>,ner5) FY20 .~~ _FY~1 2. BUSINESS RETENTtlON & EXPANSION ACTIVITIES: Retention & Expansion -Businesses retention and expansion (BRE) 18 a core program of any economic development plan. These programs are designed to 1) retain or keep existing businesses In the community, and 2) provide assistance for businesses to expand, Retention and expansion programs can be implemented at the local, regional and state levels in a variety of ways. Some programs might focus on central business districts in downtown areas or on the commercial and 1ndusbial areas where many small and medium-sized mna comprise a large portion of the employment base Others may focus on allocating resources to support specific industry or channeling resources to support economic diVersffication strategies. I FY20 • Number of outreach interactions initiated With existing ~ businesses such as phone calls. site visits, or eurveys-Provide a target for FY20 and FY21. ·1 35 II Perfonnance t,1eaure Tara• FY21 40 J • Number of follow-up Interactions initiated With existing -businesses provide a target for FY20 and FY21. JI 3. BUSINESS ASSISTANCE 20 25 BualnMa Aulatance (lncludlng atart-upe) Small and emerging businesses generate wealth and provrde a significant BOUroe of employment in today's high technology global economy They emulate job creations, develop crucial innovations in both products and services, and diVersify the economic base. It is cntical that communities' economic development strategies dedicate resources to developing and promoting new business start-ups and establishing effective support systems so these new businesses can grow successfully. A community that meets the needs of its entrepreneurs Increases its chances of Job growth Within small businesses, and those gains translate into a more vibrant community. Per(onnanc:e Performance I M••ure Measure Targets Targets FY20 FY21 •Fiscal Year= FY Revised (05/28/19) r TABLEB . "pc;> -_p~rfo~nce_ Meae~re~ .Ta~~ -2019-2021 Biennium Grant Scope of Work ~ ----~ -County: Kittitas -~ - ADO Name~ Kittitas County Chamber of Commerce - -·FY20-Fiscal Year 20 runs --(07/01/2019-06/30/2020) ~~1-f.!~!.Y~r _ _?1 ~-~~-~<0119112<>2Q-:_06f~!.29~_1) 1. RECRUITMENT& MARKETING ACTIVITIES Recruitment & M rketlng -Bueiness attraction (recruitment and marketing) Is a means of contributing to the econom10 vitality of the community to enhance and diversify the local tax base, to Increase the number of Jobs available to resldents in the community, and to improve the local quality of llfe For communities to mamfaln and boost their ec:onom1c vttalttY, they n,ust persuade businesses or investors to looate, expand or remain in the area rather than ln a competing local.Ion . Economic development marketing and attraction 1s not Just selling business sites or attracting businesses, It is a means of promoting the community as a viable location for economic actlVity. Market ng techniques to reach targeted audlence and attract poten~al Investors could include adverus1ng (e .g., electrontc media, mallmgs. catalogs, magazme or news Inserts or supplements, directories, blllboards, broadcasts (rad 10, ·television commercials, onllne advert sing)), publtcity (e g., press k ts, publlc offiolal speeches, news releases, publlc relations), promotional matenals (e .g., trade exhibits, economic development newsletters, slide and video presentations, brochures, fact books. webattea); direct mall (e.g., lettef8, e-mail. postcards, brochures), personal selling (e .g., trade fairs, trade shows, business envoys, evente), email (e .g , electronic newsletters, event lnv1tatlons announcements, llnkf> to your website for prospects); social media (e.g .. Facebook Unkedln) Performance Measure Performance Targets Meaeure Targeta FY20 FY21 =--jf.L. • Number of busrieases contacts initiated, site selector contacts 10 I 15 ~ lnlbated and trade shows attended -Provide a target for FY20 I I and FY21. 11 7 Definition: The contacts should be unique or flrst-bme contacts ..-r during the grant year. Follow--up or repeat contacts throughout the year should not be included in the count Web site h ts should not be included in the count. Performance Meuura. - TIIIPt& •Fiscal Vear = FY Revised (05/28/19) Providing or facllltadlng the provt.lon of export .. latanca through workahopa or one-orH>ne aaalstance We will oontinue to work closely with our local exporters, primarily hay oompan/es, and seek to addreas the challenges they face. WE wlll also continue onfH»'H1118 buslnesB visitation and round tables with elected officials, potential exporters and the Ports of Seattle and Tacoma to Identify needs, barriers and potential solution to obstaoles preventing growth. Links to t980Urces will be provided on our website and continue to provide referrals to commerce, SBDC etc. 11 3. Support for regtanaJ economic research and regional plannl ng efforts to implement -rgef in~stry aeator strateg,ae and other economic development 8frateg ies, fncludlng cluster-based atrateglee. Reteareh and planning efforts should support increased living standards and Increased foreign direet investment, and be aligned with the statewide economic development strategy. RegJonal associate development organizations retain their independence to address local conoema and goals. Activities include: Participating with the •tat. board for community and technlcal collau-•· crNtN In RCW 289.ao.OISO, and any community and teahnlcal collag• In the .(X)Ordlnallon d tt,e Job skllls trainlng program and the customized trarnl ng program within tis region. ()"' ···~1ttr1 !1r.w , vcu i-, I ,::,.-n n ,ott · with t /J{f ":itiC T Yll1 c1 , ,;o, l,1 l t" ,ty t~mtt. J 1Jlo :•iJ.'---gcJrdi: g) ·t, J 1 {"'. n~i costt11mz,u/ trmnin:? prc::,gn:11rG We will continue working with the South Cenb'al Workforce Development Council, Central Washington University and Yakima Valley Community College along Wjth the Ellensburg School Dtatrict, Kittitas School °'8bict, Thorp School Dlatrlct and Cle Elum-Roslyn School District 1D Integrate CTE Programs In the region . We refer leads and coordinate introductions to people and programs for businesses and for workforce needs. Participate In dwalopment of• countywlde economic development plan In conjunction with other governmental 1uri8dlebons and institutions . fJ.':Jf,aibc ho:AI your f.conon1ic c/t.>vf:,•lr.ip11wn1 pt-1r1 r;ompfu..-11.1,,ts otilcr g,) ·em menr,111urjs,:/icticmt; 1JmJ mst1/11tmn.c, We WIii continue our extensive engagement in the Cllff8nt comprehensive plan revision of Kittitas County, City of Ellensburg, City of Cle Elum, and City of Roslyn. We will geek to make those plans more open to bualness development and growth, and wt11 seek to meet changing needs. The coordination of the county wide strategies in our currant 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) : 1 Marketing Wahington and local areas as excellent locations to e~nd or relocate a business and pasttioning Washington as a globally compet1tiVe place to grow busrteSB. which may include developing and executing regional plans to attract companies from out of state. ID!i ':, :J·I>,:-f-,:,v, v-.,u ~·~·ii; !t :u, ;~,; ! V\i ::;;:h 11"!~/f1.)fj nnr:' irJ: ·,1 .: .i11,t1.~ t.'; t~.\t~:~.'tc.' t ,r tf-. .. !o,:~·t!•~· , 11/~~i1·~-~ ... r, c :-H:c! ,:·o~!i.:;,,_,,.t !;_: w,~~·:h:, '[ft(~U (..·~: ii ti::~· r;_l,';t ·_'·! '~ n,r.,;.::tJ.fiV1 -f pia<=~' 1(1 ,;, ~J\I\' lu I lff 1 • ', .l. We will provide the information through our website, brochures, social media campaigns, partnerships with site selectors and simllar organizations that promote Washington State and the Kittitas County, and at trade shows and other stakeholder meetings Regionally we have developed the Central Washington Economic Development District in coordination With the Yakima County Development Association AdditionaUy, we are included m FTZ #203 With the Port of Moses Lake, which will help support the promotion of manufacturing businesses in Washington State, Wori<lng with businesses on site location and Nlectlon 8Alatanoa We keep an Inventory of avedabla property sd88 and their charac:tenstlce, provided by our real estate partners, We also complla utitlti es, demographic, workface, lax, permitting and oommunity information that 18 shared with interesled parbaa In pereon, Via email and mail as requested . Cuetomlzed information will be provided based on the needs of the prospeclive bu81n888811. Providing bualneu retention and expansion Mrvlcee throughout the county Such servlces mt1st Include, but are not lim ited to, business outreach and monitonng efforts to 1denUfy and eddreas chaDenges and opportunities faced by bus nesees, au,stance to trade impacted businesses l n applying for grants from the federal trade adjustment au,etance for firms program t and the provi8Mlf"I of Information to busmesses on : • Resources available for mlcroenterprise development; • Resources available on the revltalizabon of commercial districts; • The opportunity to maintain Jobs through shared work programs authonzed under chapter~ RCW We Wfll continue to meet With local businesses and conduct periodic surveys to Identify business trends, challenges, and opportunities. WE will employ existing close ties (as a chamber of commerce) with local businesses to identify trade impacted businesses and top provide assistance. To assist mlcroenterpnse development, we will provide Nnks on our website and through personal introductions to organization that offer such assistanoe including the Department of Commerce, Washington State Microenterprise Associabon, Ellensburg Business Development Authority, SBDC etc.. Engagement with TIB, CERB, two local downtown aS&ociatlon and other commerce programs wlll assist local communities with revltallzatlon of commerc1el districts. Job share programs will be highlighted in social media, websites, email newsletters, at event with follow up to interested parties and connect them to the available resources. Participating In economic dftefopment syste,n-wldi!t dlacusalone regarding gaps in business start-up assistance In Wash1nglon, We will attend ADO meetings, bi-yearly WEDA confelences, participate With legtslators and continue to move forward with the Central Washington Economic Development District with Yakima County Development Association and Port of Moses Lake. *Fiscal Year= FY Revised (05/28/19) Business Plan Each ADO wlll describe their business plan and how It meets leglslative reporting requirements which represents two broad areas of work; direct assistance and support for regional economic research and reglonal planning. County: Kittitas TABLE A ADO Business Plan Reporting Obligations 2019-2021 Biennium I l I ADO Name: LI Kittitas County Chamber of Commerce [7 I I ri., -, -L...__r-,__JLJ 1. Direct aulltance. fnclUdtng buslnaaa planning, to companlaa throughaut the county who need aupport to stay m businesa, expand, or relocate to Wahington from out of atata or other counlrtla. Aaalstance must comply with business recruitment and retention protocols established in RCW 43:330.062, and includes: .-. I L Worl(jng wHh tt,e appropriate partnera throughout the county Including, but not limtted to. local governments, workforce development oouneila, port districts, community and technical colleges and higher education institutions. export a88iatanca providers, Impact Washington, the Washington ablte quallty award councll, small business aeailtance programs, innovation partnership zones, and other federal, state, .,d local programs to fadlitate the allgnment of planning efforts and the seamlesa delivery of buslneas support servioes within the entire county Oes,,,i kl how yr;,; plan to f,1c,11tr1t6 th£' nl!gnnwnt of tll;mnmg effort~· lind too .-J11f1ve1y of f>!1sme~!> s,.1pp,:,;t s~n1Ct':!; withm 1'1,: entwe Q(11mi,· We wHI continue dtrect participatlon in cum,nt Kittitas Coun(y, City of El/efltlburg, City of Roalyn, City of KJttJtaa and City of Cle Elum comprshenstve plan revisions Also, we WIii RWorporate thoN plans Into meetings with our partner organizations lneludln(J, but not limited to, city and county local governments, Central Washington University, SBDC; Central Washlnglon Economic Development District, Washington State Department of Commerce, Puget Sound Enerw, Kittitas County Conservation District, WSU Extension, and office of &onomic Developmctnt. Ellensburg Business Development Authority, Downtown Associations and Main Street programs, SOCl8I Stll'llices providers, surrounding Pott Districts, and private sector businesses. Providing lnfoffllllllon on state and local penntttlng prooeaea, tax iBBuea, export 8BB181ance, .,d other essential fnfonnetlon for operating, expand ing, or locating , a busmen in Washington. Oosr:n l:e /1.:,w y,.;u f.llii ' :<I Wts 1!'1iorm:~tm11 We provide this Information through OIi website, with spec:Mc links for tire caf8gaies Hsted abow, as we// as wtlh printed materlels In our office . In addlllon we wm provide public outrHch via eme#, news Bttk:lff, soc/el media, and presentations st ewnt and at meeting of service organizations (Rotary, KJwanls), e/ecfed ofllcJa/s and community stakeholders. •Flscal Vear= FY Revised (05/28/19) Attachment A-Scope of Work 1. &;tfvltles: A. Required reporting by ADOs on performance measures llsted below represent two broad areas of work mandated by statute RCW 43.330.080 • Direct assistance, Including business planning, lo companies throughout the county who need support to stay in business, expand, or relocate to Washington from out of state or other countries. Assistance must comply with business recruitment and retenUon protocols established In RCW 43 ,330.062. • 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 end Increased foreign direct investment. and be aligned with the statewide economic development strategy. Regional associate deve lopment organizations retain their Independence to address local concerns and goals. 2. 0e11yerab1as; A. The GRANTEE will describe to COMMERCE their business plan as outllned in Table A. B. The GRANTEE and COMMERCE have negotiated the required GRANT performance meaeures that will be used by the GRANTEE and COMMERCE lo annually assess GRANTEE performance. These perfonnence measure targets are Identified In Column (A) in Table B below. These performance measures are specific deliverables under this GRANT. C. The GRANTEE shall collect data and using the web-based information system provided by COMMERCE, provide quarterty 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 Identified in Table B •performance Measure Targets• in "Column A· will be used by the GRANTEE and COMMERCE to assess achievement ot ·Perfannanoe Measure Targets•. E. Summary of Best Practices Shared and Implemented by the contracting organizations. Annual reports must Include the Information to show the contracting 01111anizatlon's impact on employment and overall changes in employment 43.330.082 Quartertv Reports wHI be submitted bY the followlnp datee; October 16, 2019 January 15, 2020 April 16, 2020 July 9, 2020 §ummary of But PractJcea Shared and tmplementect wm be submitted by the foHowlna date: July 9, 2020 *Fiscal Year= FY Revised (05/28/19) Grantee Information Grant recipient name (organization) Kittitas County Chamber of Commerce Grant recipient name -Doing Business as -if applicable n/a Grant Recipient UBI number 601133921 Grant recipient fiscal year end date -month/date -example12/31 12/31 Grant recipient mailing address 609 N Main Street; Ellensburg WA 98926 Grant recipient physical address 609 N Main Street: Ellensburg WA 98926 Grant recipient representative name and title Amy McGuffin, CEO Grant recipient representative phone number 509.925.2002 Grant recipient representative e-mall address amy@kittitascountychamber.com Name of person authorized to sign contract Amy McGuffln Title of person authorized to sign contract CEO Emal! of the person authorized to sign contract amy@klttltascountychamber.com Name of the contact person within your organization for financial Amy McGuffrn, CEO information: person submitting on-line A-19 requests and Match reports Phone number of contact person for financial Information 509.925.2002 ext 27 Name of person(s) and email address you would like on our e-mail Amy McGuffln, CEO distribution list amy@kittitascountychamber.com List the Trlbe(s} you are working with In your county Yakama Nation "'Flscal Year= FY Revised (05/28/19) The contract development template is designed to provide Commerce the lnfonnation required to negotiate a contract with each ADO. The template includes the following: • Grantee Information Page • Scope of Work, Attachment A •· Table A Business Plan • Table B Performance Measure Targets • Table C Results Washington Metrics •Fiscal Year= FY Revised (05/28/19) Chamber of Commerce of Kittitas County Economic Development -Marketing Outline 2020/2021 This plan 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" rn the Implementation of the TIP Strategies Report and feasible to accomplish with existing budget and staff. 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 ta,c base and supports family wage employment." Marketing Plan Basis "I want a diverse and vibrant economy in Kittitas County" • Partnerships • Sustainable Family Wage Jobs • Economic Vitality • Tourism • Economic Diversity • Infrastructure Funding Goal 1. Recruitment of Professional Servfce Businesses to Kittitas 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 demo1raphlcs. • Participate and Invest in regional economic develop marketing efforts with organizations such as WEDA, AWC, AWB. Goal 2, Provide Assistance to our existin1 Kittitas county Businesses to help maintain and ere te 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 NXLevel Course and Enterprise Challenge. • Meet with businesses at their request to discuss their plans, needs and concerns. • Track grant and continuing education opportunities. • Compile a list of traditional and non-traditional financing sources. • Maintain a 11st 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 vision and collaboration • Establish regular meetings with City Manager, Elected Officials, Business Leaders, Partner organizations such as EDA, Work Source, CWU, DOC, SCORE, 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 Revltalization, 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 ens~re their success. • Create and Maintain Inventory of existing businesses and Industries • Maintain a Reference llbrary 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, marketJng and financial planning. • Help prepare business for financing. • Establish business start-up workshop series through CRAFT3. • 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. o Eblasts to businesses with relevant Info for business owners, like projects, funding resources, labor resources, training, etc. Atf-&lchment D Associate Development Organization Certification/Designation Fonn (For use by County officials. \U.th HJ \ ( C -..i f\ t-..t\ (Name of Count§ affirms/ designate& the tc 1'1-t \ (t),.}f\~ '') CAill.L\'Y\, M · C -cf: (' um m f::,l'G, (Name of ADO) as the Associate Development Organization to coordinate economic development services for the county under contract with the Washington State Department of Commerce. Consistent with statutory requf ments: 1. @ The prospective ADO is a non-profit organization. D 2. 3. 4. OR A publlc entity that has formed an authority or committee with full operating authority to carry out the duties of the ADO. It Is Important to recognize that this group would have Its own authority and budget, not just the power to recommend actions/plans/expenses. Economic development is the primary mission of the prospective ADO, and notju&t a secondary activity. This can be demonstrated with a written mission statement in a brochure, web-page, newsletter, etc. It may also be documented in the organization's by-laws. For economic interests In the county, this organization serves as a networking tool and resource hub for business retention, expansion, and relocation in Washington. This organization has/will have the capacity during the period under contract with Commerce to carryout 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 biennium (07/01/2018-06/30/2021). rovich1 e tat'o of the County .xec t iv r ov rt n y' acCI , e lgn ting 'he v Identified organization as ;~ C. ,, \J.)12.\'=, Signature Prln~ Name · C HA>UMt>LJ B.i>e n oc {,.,,tr k'!-,,,,...,-.5 Date t-J/z Y 'i Title ' PLEASE SUBMIT THIS FORM AND DOCUMENTATION TO: Diana Divens, Contracts Coordinator Office of Economic Development and Competitiveness Washington State Department of Commerce Post Office Box 42525 Olympia, WA 98504-2625 360-72~187 Revised (04/04/19) IRCW.U.UO. Coordination communlt, economic velopm aemcee - Cantraets wltll COUnty-clNl:ilUteCI moclata...,......,.. orpnl&atfona -Scope of nlcft -_,,__ .. rv1w tra (J) Be broadly rapJMBlafi..e of comnuily and ecanomic ii-...aa; (I) Be~ fl~ lcsf economieandClOfflfflUl1ity~..,._..,...._,,IV appiipflle IOlufJQns, Ind matifRlflg broad afJPGft for f9C0fflffllndld lnltiallwl; (i~ \\t1rf< dolely wlh the depatma,11 to cmny out ICabHdenflled economicdewilopntnt PJbfflel; (Iv) \\b'k wW1 and l,Jduda loc8J goY8fflfnllRtl, kal c:hatubn of 00frlfflefm, woMon:e -.1ap1,1t,t1t COtM"aJe. port~ ..... a,bupt, lnitbk>nl dhrgher' ~-~ donpoplli, and olhe, IRJRIPi* ~. pulJfic. Of not4Xofit oomrnunity and eaonomlo ~~Ind (Y) Milt and lhln beat p.actfcn with allel' ••oelate dewtupn11nt organlzationl al lealt lM> times eechyaar. . (b) The accpe of rvlCl88 deOve,ed under 1hlt c:ontracl8 required In (e) of this tublectian mu,t inctuda two broad.,.. of work: (I) Dnct ~. lndudwlg bultnMa ~to~ lhrClughcu ~· flied 11,JfJpOft ID tllly lnbulinNa, mpand, or ,elocd II> WahlnGfon t'fan aut oflfale orolher CIUltriea. ,..._ must comply bulJnese ~ and ret9ntion Pfolucxllt dltlbtietled In RCW -43.330,(§2, and it'lefudes; (A) WOrtq with the epfllllOJ,riale partnefJ ~ the c:ou,iy ~. but not llnitldto. local gove,MWP. workl'orce dmlkJpn8nt c:ounall, patdllrk:Ca, c:omnulilY nf ledRQIII.,,.., and hW*" education lnltlldlorW. IIICPOft .....,..pnMdn, J,q»ot \.\\uNnp:rn.1twwati_,1 llllta quality IIWlll'd muncl. ...., bul,rlwu ...... P,llgllffll, lnnOvdon ......... llld oetw fedlnf, 1111111, n 1oca1PJ1)9l'llllt10facRlal8111111gnmen1 or p1,nq eft'of1s and the....,... dllw!ty of busJnaaa tqlp0rt-,Ylo89 wfttin the enlreCOlnly, · (8) ~ Information on 8tlfB and locaf pennlfJnQ processes. 111K aues. e)IJX)ft &lllitlwloe, and other ealflflfill ~fon forope,alfng, ~ a localing e bulif1eA in~ (C) Mar"*VW.hB,gton and local ..... DOl8anl Jocalbrll fD-,.ld«NIOcate I bulinNI and poaltlonlng WllhlrGfon • • glabaly ~ pllce to r,ow t>ueJnea. which may induda dlN9loping and~ rwg1one1 p1ana to 8ltraJI ~'" tmn our ar stat&; {D) Wor1cq *'h bullnessN on llffe localion and HlaCtion esslslance; (E) PfOVidit'G butSness ~111for1 llnd axpansJon wvkN throughoUt .. CPUnty. Ml llfvl0M irut lnduda, bul n not limftad to, bUlffas ounac:h and monfforirV data Co ldlntif)' and 1dcnll cflderveaandcppo,f&nl181facldt,ybtiltnlwt, lllfltancatotrllde ln.-ad~ln~ for"'*1f,t tw,m 119 federal trade~ aseillance for ffnN prog,am, and the pn:Mljon ~ infbrmatk>n to ---· QA; (I) RelCUCII 8vallabte for mJc:roenllfprile development (U) Resourcet aVllilallfe on the revftalizatian of commercial dstrlcta; and (JU) The q,porfunlty lo malruln jobs ft1'Dugh shared wart programs aulhol1ZBd under chapter .fiWll RCW; (F) Pllftldpetfrv In eoa~ de~ 1)'11em-wfdl 6cuNlone regardlrg IJIPI In business .... ---r.noe fn~t; (G} ~ or faa1tating the pnwllion of axpprt auiltance through worbhops or one-en-me aasillalee;Md (H) Uil,v. web-bMed •lfonnatlon .,..,.. to track dlbt al bullnNa ~ ratentfon. ~ andtrade;and (II) Suppo,t for regional ecanomto researdland f8QiDi)aJ pllrwq effort& ID ~l&ll bqet indu9lfy eector' lbal&gia and dbet-eDOnomlc ~atopmenl integia, ~ dultar-bwd lhlegJea. RM•m and~ elbtl lhould ~ incnwd livfnfl ••• anc1 if~ 1111 d b"O'l ~ &nvelfrnent, arJd be.., wit! the stal8widt economrc davelapmalf llnltegy. ~ c~ develop1•Jt Ofganlzatkn r'**1thiir bdlpMmlC.8 to admNI focal CQnOIJneantgoall. AdMtiN frdudr. ·(A) Pat1iClpllting in regional pJenring efforb with wcnforce •1l0prnent ClOU'IC11s JnvoMng coordinated &CJateojel IIIOund woricfGR)e d8velopment a,d economtc dev8'opmn polcle&aid .... n.. . Coonfnaled plannirv effiJfls m.,et indude, but not be limlled to, _, t nee ta tnctatry dwttn 1n the n,oon; (8) ~ With thl ... boanl ror~ and IIN:hal colllgM a, all8ld In RCW 288.§0.050, and 111Y c:omnanlf ~ technfcll co190N Ill lht DOOrdr•Uon O,thlJob 11c11111a1rq pr0GIWri and the cuatomtzlld ~ program wflt*1 tl8 region; (C) ~ a,ld ~~ a ff)eQfied~lhe mntract Wllttthe depatmentfarlCIIINlde aystemic anafylj&. Tb& _,.,m,uf nut~ with the Walha1glo11 tllll& ecx>nonc-.lcip,•• commfetian in the estabfiltnwnl d IUCh t.nfoml dlla u ts~ fo conduct• IWl'lridl 8)Wffllc ~ dlhe .... econornle~ Pft9BI' and~-In CGq*ldan wltlohl,-b:at, ~. and ... ptamf,w.rcm. ~ ~ maypnMda lnliafdi*>llenNdl d1a'Qet indullry m.rlillrw. .,_,_ IDIPMlfon pCane, ..-t)'delsc-'1im rApotentill Nlocalor9« llydlt, lr*ng needs, end ohN' apprq>rial8 ecanomJc lnformlliao; (0) h corpx:tlon wfth c,t., ~ juriac1ctions and il8tlfuticlne, f)ll1fc:lpN• ~1 in the deve~ d a countywide ecanomiC ~vefopmant plan. consiMd Wilh the 1'818 oonfJl•htnllivlt plan for eoonomfc developmenl de..aq,lld by lhft Wllfwdtm atata eoonr>n* dlYIIOpmlnl COIIIIIIAlon. (2) The dlpab11eht muat provide bullnen tervlcN tralnlnO to t,e 0011ncttngo,pn1za11one, including but not JimNed to: (a) T,a~ In the fundarnental& of export assJstance and Iha &eM088 avalabJe from pr'Mlte and public export asalslance provfc*n ~ ~ It.ate; and (b) Training In the proVfelon of buline11 retention and expansion NrVbtl as requlr8d by 'Naedion (1)fb)(IXE) r,1,-eectiQn. 12012 c 195 § 1; 2011 c285§2; 2009c 151 § 10; .2007 c249§ 2; 1997 ceo§ 1; 1883c•§ 11.} ! I A Hoehmen+--£ L T-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 1he County") and Kittitas County Chamber of Commerce (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 Agreemer:-it shall commence on the 1st day of January, 2019, and end on the 31at 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 (Taxes), 15 (Defense and Indemnity Agreement), 21 (Patent/Copyright Infringement) and 24 (Confidentiality), are totally and fully part of this Agreement and have been mutually negotiated by the parties. Professional Services Agreement Page1 LT-2019-01-PSA-CHAMBER OF COMMERCE 1 __ I~ WITNESS WHEREOF, the parties have executed this Agreement this fP1 day 0~019. Kittitas County Chamber of Commerce Contractor Address: Kittitas County Chamber of Commerce 609 North Main Street · Ellensburg, WA 98926 Professional Services Agreement Page2 APPROVED: ABSENT Laura Osiadacz, Commissioner By: _________ _ Deputy Prosecuting Attorney County's Address: Kittitas County 205 West 5th Avenue, Suite 108 Ellensburg, WA 98926 Project Contacts: Amy McGuffin Chamber of Commerce Professional Services Agreement Page3 LT-2019-01-PSA-CHAMBER OF COMMERCE Project Contacts: Laura Osiadacz, County Commissioner Judy Pless, Budget & Finance Manager Kittitas County L T-2019-01-PSA-CHAMBER OF COMMERCE GENERAL CONDITIONS 1. Scope of Contractor's Services: Contractor agrees to provide to the County services and any materials set forth in the project narrative identified in 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 perfom1 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, Contrador shall perform the work in accordance with any schedules made a part of this Agreement. 4. Definitions: 4.1 "Additional lnsured'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 perfonnance of the Work or this Agreement. 4.3 The 'Work" means all of the duties listed in Exhibit A and the performance of all other obligations, under this Agreement by Contractor or its Support. 5. Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit '1C11 • Where Exhibit ''C" requires payments by the County, payment shall be based upon biJljngs, supported unless otherwise provided in Exhlbit "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 spectfically stated in Exhibit "C" or approved in writing in advance by the Kittitas County Board of Commissioners , the County will not Professional Services Agreement Page4 L T-2019-01-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 Contractor's service pursuant to the fee schedule set forth in Exhibit 11C 11 • 6. Assignment and Subcontracting: No portion of this Agreement may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 7. Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent Contractor and nothing herein contained shall be construed to create a relationship of employer-employee or master-servant, but all payments made hereunder and all services perfonned 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 benefrts, or any other rights or privileges afforded to Kittitas County employees. Contractor will defend, indemnify and hold harmless the County, its Additional lnsured's, officers, agents or employees from any loss or expense, including but not limited to settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 8. No Guarantee of Employment: Toe 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 Mure. 9. Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to make withholding for any taxes other than income taxes (i.e. Medicare). All 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 Page5 LT-2019-01-PSA-CHAMBER OF COMMERCE Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. 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 tltle. 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 6 years after contract termination, and shall make them available for such review, within Kittitas County, State of Washington, upon request. 12. Modifications: 12.1 Either party may request changes in the Agreement. Any and all agreed modifications shall be in writing, signed by each of the parties. 12.2 The County may, at any time, by written notice thereof to Contractor ("Change Notice") makes changes in the Work within the general scope of this Agreement, including, but not limited to: (a) changes in, revisions to, substitutions for, additions to or 'deletions of any Work; (b) changes in schedule; and (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 Professional Services Agreement Pages 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. Tennination 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 benefrt of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, postage prepaid, terminate the Agreement, and at the County's option, obtain performance of the work elsewhere. If the Agreement is terminated for default, the Contractor shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by-the County in completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. 14. Termination for Public Convenience: The County may 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 tennlnated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prioos 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 wiH be made, but such adjustment shall not include provision for loss of anticipated profit on Professional Services Agreement Page7 LT-2019-01-PSA-CHAMBER OF COMMERCE deleted or uncompleted work. Tennination of this Agreement by the County at any time during the tenn, whether for default or convenience, shall not constitute a breach of contract by the County. 15. Defense & Indemnity Agreement: The Contractor agrees to and shall defend, indemnify and hold harmless the County. its Additional lnsured's, appointed and electivc:t officers, agents and employees, from and against all loss or expense, including but not limited to judgments , settlements, attorney's fees and costs by reason of any and all claims and demands upon the County, its Additional lnsured's, its elected or appointed officials, agents, or employees for damages because of personal or bodily injury. including death at any time resulting therefrom , sustained by any person or persons and on account of damage to property includihg 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 lnsured's, appointed or elected officials, agents, or employees. It is further provided that no liability shall attach to the County by reason of entering Into this contract, except as expressly provided herein. 16. Industrial Insurance Waiver. With respect to the performance of this Agreement and as to claims against the County, its Additional lnsured's, officers, agents and employees, the Contractor· expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold hannless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this Agreement. 17. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the tenns of this Agreement, the venue of such action of litigation shall be in the Superior Court of the State of Washington in and for the County of Kittitas. This Agreement shall be governed by the law of the State of Washington. 18. Withholding Payment: In the event the Contractor has failed to perfonn 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 perfonn is cured or otherwise adjudicated. 19. Future Non-Allocation of Funds: Professional Services Agreement Page8 L T-2019-01-PSA-CHAMBER OF COMMERCE If sufficient funds are not appropriated or allocated for payment under this Agreement for any Mure 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/Copyright Infringement: Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County; to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded Professional Services Agreement Page9 LT-2019-01-PSA-CHAMBER OF COMMERCE against the County in any action. Such defense and payments are conditioned upon the following: 21.1 21.2 Contractor shall be notified promptly in writing by County of any notice of such claim. Contractor shall have the right, hereunder, at its option and expense, to obtain fur 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 happen ing of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 22.3. Detailed Claim The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the completion of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or extension of time claimed to be due. Professional Services 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. Confidentiality: The Contractor, its employees, sub-Contractors, and their employees shall maintai.n the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the Kittitas County Prosecuting Attorney or an order entered by a court after having acquired jurisdiction over the County.· Contractor shall immediately give to the County notice of any judicial proceedings seeking disclosure of such information. Contractor shall Indemnify and hold harmless the County,_ its Additional lnsured's, officials, agents or employees from all loss or expense, including, but not limited to settlements, judgments, setoffs, attorneys' tees 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 terr:ns, conditions or applications which can be given effect without the Invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable. 27. Miscellaneous; 27.1 The County's failure or delay to insist upon strict performance of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement shall not be construed as a waiver or relinquishment to any extent of its right to assert or rely upon any such provisions, rights or remedies in that or any other instance; rather the same shall be and remain in full force and effect. 27.2 This Agreement embodies the entire Agreement between the County and Contractor, and supersedes any and all prior agreements, regarding the Work. No change, amendment or modification of any provisions of this Professional Services Agreement Page 11 LT-2019-01-PSA-CHAMBER OF COMMERCE Agreement shall be valid unless set forth in a written instrument signed by the party to be bound thereby. 27.3 The rights and remedies of the County set forth in any provision of this Agreement are in addition to and do not in any way limit any other rJghts of remed ies afforded to the County by any other provisions of this Agreement, by any of Contractor's Support or by law. 27-4 The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. 28. Waiver: Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No terms or conditions of this Agreement shall be held to be waived., modified or deleted except by an instrument, in writing, signed by the parties hereto. 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 tennination or invalidity of this Agreement for any reason. 30. Nondiscrimination: 30.1 The County is an equal opportunity employer. 30.2 Nondiscrim ination in Employment In the performance of this Agreement, the Contractor will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, sexual orientation, marital status, age or th~ presence of any sensory, mental or physical hand_icap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved . The Contractor shall ensure that applicants are employed, and that employees are treated during employment without ~iscrimination because of their race, creed, color, national origin, sex, sexual orientation, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and programs for training including Professional Services Agreement Page 12 L T-2019-01-PSA-CHAMBER OF COMMERCE apprenticeships. The Contractor shall take such action with respect to this Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment. 30.3 Nondiscriminat ion in Services The Contractor will not discriminate against any recipient of any seivices or benefrts 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 ra tes for the locality or localities of the Work is detennined 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 obta ining and completing all requ ired government fom,s 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 lnsured's from all claims, losses, hann, costs, liabilities, damages and expenses arising out of personal injury (including death) or property damage that may result from performance of the work or this Agreement, whether such performance is by Contractor or any of its Support. 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 Chapter48.15 RCWand 284-15 WAC. The Contractor shall provide proof of insurance for: 1) Commercial General Liability Insurance. • Coverage limits not less than : • $1,000,000 per occurrence per project • $2,000,000 general aggregate • $1,000,000 products & completed operations aggregate • $1,000,000 personal and advertising injury, each offense • Certificate Holder -Kittitas County • The Certificate must name the County as additional insured as defined in the Agreement • Sixty (60) days written notice to the County of cancellation of the insurance policy. 2) Stop Gap/Employers Liability. • Coverage limits not less than: • $1,000,000 each accident • $1,000,000 disease -policy limit • $1,000,000 disease -each employee • Thirty (30) days written notice to the County of cancellation of the insurance policy. 3) Commercial.Automobile Liability Insurance. • Automobile Liability for owned, non-owned, hired, and leased vehicles, with an MCS 90 endorsement and a CA 9946 endorsement attached if 'pollutants' are to be transported. • Coverage limits not less than: • $1,000,000 combined single limit • Thirty (30) days written notice to the County of cancellation of the insurance policy. 4) Workers' Compensation. • Workers' Compensation in amounts required by law. Prdfesslonal Services Agreement Page 14 LT-2019-01-PSA-CHAMBER OF COMMERCE Contractor shall furnish the County a Certificate of Insurance with Endorsement as evidence that policles providing insurance requi~d by this Agreement are in full force and effect. Contractor hereby waives all rights of recourse, including any right to which another may be subrogated, against Kittitas County for personal injury, including death, and property damage. Contractor's insurance policies required above shall be primary insurance and shall be non-contributing with any other Insurance maintained by Kittitas County. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee-owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. The Contractor shall have sole responsibility for ensuring the insurance coverage and limits required are obtained by subcontractors. NOTE: No contract shall form until and unless a copy of the Certificate of Insurance with Endorsement, properly completed and in the amount required, is attached hereto. Professional Services Agreement Page 15 L T-2019-01-PSA-CHAMBER OF COMMERCE EXHIBIT "A" SCOPE OF WORK In addition to providing all material and labor, the Contractor shall perform the following: See Exhibit A-Scope of Work in Attachment #01, the 2019 Kittitas County Lodging Tax Grant Application Packet Professlon11I Servloes Agreement Page 16 L T-2019-01-PSA-CHAMBER OF COMMERCE EXHIBIT "B" METRICS FOR EVALUATION DELIVERABLES See Exhibit B --Metrics for Evaluation/Deliverables in Attachment #Ot, the 2019 Kittitas County Lodging Tax Grant Appllcatlon Packet Professional Services Agreement Page 17 L T-2019-01-PSA-CHAMBER OF COMMERCE EXHIBIT "C" BUDGET OPTION C-2019 As full compensation for satisfactory performance of the work, the County shall pay Contractor 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-Services Agreement Page 18 2019 Kittitas County Lodging Tax Grant Application Packet ATTflll-lt1EN1 ,Po 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 98926 Organization Contact Person and Title: AMY MCGUFFIN, CEO Organization/Contact Phone: 509.925.2002 Email: AMY@KITTITASOOUNTYCHAMBER,COM Fax: n/a Preferred days and hours to call/contact: MONDAY -FRIDAY 8A-5P Organization Website: CBNTRALWASHINGTONCOLOR,.COM Federal Tax ID Number: 91-0210430 UBI Number: 601133921 Organization is u Government Entity D SOl(c) 3 X SOl(c) 6 a Other Year's organi.7.ation has been involved in tourism promotion in the Kittitas Cowrty: Intensively since 2000. Funding Request Detail 1. 2019 Kittitas County Lodging Tax Funding Request: up to $249,316.00 2. Identify the specific tourism audience/market located more than 50 mUes from the County that your organiZBtion will target with these funds: Beiog in Central Washington we have the ability to draw from at least anJtour away in nil directions: Wenatchee-, Chelan, Okanogan, Osyoos Canada Spokane, Coeur d'Alene. Sandpoint Kellogg, Pulln"Ullh Lewiston, Tri-Cities, 'The Dalles, Portland, Tacoma. Yelm. Lru;;ey, Seattle Metro. Bellevue, Belliagham. Mt Vernon, and Vancouve r Canada. Our interest groups are outdoor recreation, historic and educational, festlval.and event specific. activities. sports, Resort Get-a-ways ilnd just simply weather related get-a-ways. 3. Describe in detail the tourism promotion activities that will be perfonned or provided with the fimding request above, that specifically target the tourism audience/market listed in #2: In coniunction with county promotions we will promote great weather, activities such as biking, bildng, ftshing. hunting. wildlife viewing, scenic drives. festivals, events. ·downtown destination shopping, and other active activities ~et our area and our downtowns provide. We have found over the past year that simply the lifestyle that the. communities offers is a draw to people who are looking to get aWI\Y from their residences. This will help us wHh messaging directed at busin_ess patrons and leisure travelers. Even those that are rust passing 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 In Person Contacts Physical location and days/hours and when/where contacts are to take place: NUMBER PROJECTED 2019 7000 (just VIC) NUMBER PROJECTED 2020 I 7350 (just VIC) EJlensbur gVisitor Center and Cle Elutn Visitor Center. The locations wlll be o_pen year round six (6) days a week Monday-Friday 9a-5p and Saturday 's l-Oa-4p. May thro September seven ('7) days o week Monday-Friday 9a-5p and Weekends l Oa-4p._ Staffing of 4 Pff reception per.sonnel for the ftont counter and additionally t. ea: events coordinator to help festiva1 events througboutthe year and calendar updates etc. ,1 F/f Tourum Drrector that ·supervises and mwiages the VIC. Festival nod E vents. Marketing,. Collateral, Website amif'artneT interaction. L od girui, Tax Partners E-mail or Phone Contacts E-mail address and Phone #; anticipated schedule when phone contacts will be made: 9,000 1 9,450 Currently the chamber of commerce has a database of 9000 email addresses that have been acquired through festivals and event We also haye agreements with periodical s ta receive leads. of pe opll! who are interested I n the Kittitas Cou nty and will soon la un ch a monthly digital to urism newsletter. {P leas e also see the abov e descripti o n fo r staffing and superyjslo n. Brochures Produced/Printed 1 so.ooo I ss,ooo The Tourism Department produces approximately 60,000 visitor guides each year 'that feature activities available including festivals and events. retail ]odging listi:ng:s and ot her communityinfonnation-1hat most travelers will base their trips upon. ·rhis is done in partn.ership for the distribution of said guides . Brochures Distributed/Mailed Distribution method: 8,500 j s,925 Under the contract o f services. 1 part time person is supervised for the DtlflJOSe of distribution of local brochwes {festival and events) and Visitor information {visitor guides. maps) throughout 27 locations in the Kitti-tas County. We also respond to a wide variety of inquiries on topics such as relocation, intent to travel wedding parties. conferences. meetings and other business reguests. We have had 983 lead re que sts that have mailed in 20 18 . Unavailable I Unavailable Digital/Social Media Site(s): 89,000 people 196,450 people Tourism promotion uses dttferent approaches to digital/sociaJ media by participating in Facebook. Twitter. Instngram, Pintgest, and boll! Google AdWords and Network. This te-0hnology has been very successful for p.eneral promotions and fol' specific event advcrtiaing. We are able to track engagement and website hits from all ofthese web locations. Additionally we have 31 partners that have been kind enouv.h to link our lJRL in their websites and brocl1ures W, ebsite 254,417 262,049 Page Views: 45,955 page likes 47,333 page llkes Soc ial Media-Facebook 14354 followers 14784 followers s Social Media-Instagram Social Media -Twitter 115,994 tweets . 119,473 tweets ocial Media -Google Adwords 358,851 ad clicks 369,616 ad clic~ DECLARATION I understand the Washington State limitations placed 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. T 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 Stare of WashingtOn. I declare that the foregoing is true and correct to the best of my knowledge. Amy McGuffi n . _____ CEO ____ _ Print Name Title ~-. J Signature Date EXHIBIT A SCOPE OF WORK EXHIBrT"A" 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 least twice during the year, present such reports In person to the Board of County Commissioners. 2. 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 i. Brochures ii. 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. 4. 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, II. advertising, iii. brochures, iv. solicitation of conventions and meetings, v. participation In trade shows, and vi. other activities agreed to by the parties from time to time. Assessment: EXHIBIT B METRICS FOR EVALUATION DELIVERABLES EXHIBIT "B" 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). i I Work Item BUDGET Option C -2019 l EXHIBIT''•' 2019 Budget CONTRACT OF SERVICES -CHAMBER OF COMMERCE OPERATION EXPENSES $45,560.00 WEBSITE $15,800.00 ONLINE/DIGITAL MARKETING $120,600.00 PRINT ADVERTISING $10,000.00 TRVL, LODGING, MILEAGE, CONF EXPENSE $3,000.00 BRANDING $12,000.00 EVENT CENTER PROMOTIONS $18,170.00 I ROSLYN CAMPAIGN $24,150.00 TOTAL OPERATIONS $45,560.00/YR TOTAL ADVERTISING $203, 720.00/YR TOTAL CONTRACT $249,316 .00/YR RELATING TO: AGREEMENT FOR PROFESSIONAL SERVICES BElWEEN THE CITY OF ELLENSBURG AND KITTITAS COUNTY CHAMBER OF COMMERCE VISITOR INFORMATION CENTER OPERATIONS T~I~ LUMP SUM AGR~,l;~ENT Is made and entered into this /C(fh day of WO t/ t N\ 0« , 20_fil ("Effective 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 called the 11CONSUL TANT1. 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 professional services as required by law, including RCW Chapter 39.80 if applicable. 1.3. CONSUL TANT 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 end services within the required time period and in accordance with CllY's specifications and professional standards. 1.4. CONSUL TANT agrees to perfonn the work and services specified herein in accordance with the terms and conditions 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 scope of professional services to be performed and the results to be achieved by the CONSUL TANT shall be as detalled In the attached Exhibit A and shall Include all services and material necessary to accomplish the work C-Servicesu). 2.2. The CITY may review the CONSULTANT'S work product, and if it is not satisfactory, the CONSULTANT shall make such changes as may be required by the CITY. Sucl:1 changes shall not constitute ·extra Wort(' as related in Section 12 of this Agreement~· Professional Services Agreement for VIC Operations • Page 1 of 13 2.3. The CONSUL TANT agrees that all services performed under this Agreement shaJI be in accordance wtth 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 CONSUL TANT 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 throi.J gh December 31, 2020, and shall be renewed upon such written terms as the parties may agree for an additional four (4) year tenn 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 ("LTACn) annualJy, 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 CONSUL TANT 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 th:e work. 4.1. : The CITY shall pay the CONTRACTOR as set forth in this section. In no event shail the amount paid by CITY exceed the Maximum Compensation as set forth in Section 5, unless otherwise agreed to by the CllY 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 CONSUL TANT 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 CllY 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. Tlie CONSUL TANT invoices are due and payable within 30 d~ys 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 Chamb~r for costs incurred. Payments made by the City to the Chamber under this ' Professional Services Agreement 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 "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 la~r. 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 shall not M ·exoeeded without prior written ~,uthorization 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 ~reement between the two parties, but in any event, the total payment to CONSUL TANT 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. · Neither the CONSUL TANT nor CONSUL TANT's employees are employees of the CITY and are not entitled to the benefits provided by the CITY to its employees. The CONSUL TANT, 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 CONSUL TANT shall be or shall be deemed to be the employee, agent representative or subconsultant of the CITY. The CONSUL TANT 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 under this Agreement. 6.2. -Employees of the CONSUL TANT, while engaged in the performance of any work or services under this Agreement, shall be considered employees of the CONSUL TANT 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 CONSUL TA~S 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, CONSUL TANT 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 CONSUL TANT's status as an independent contractor. Profe88ional Services Agreement for VIC Operations -Page 3 of 13 7. OWNERSHIP OF DOCUMENTS. Upon completion of the work, all documents, exhibits, photographic negatives 1 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 CONSUL TANT. 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 CONSUL TANT shall conduct its business in a manner, which assures fair, equal and non-discriminatory treatment of all persons, in particular: 8.1 ~ . The CONSUL TANT shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity/affirmative action requirements; and, 8.2. The CONSUL TANT 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 c,r other legally protected classification. 9. SUBCONTRACTING. 'I · 9.1. ; The CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT of CONSUL TANT's obligations under this Agreement, including the nondiscrimination requirements. The CONSUL TANT shall solicit competitively for services or.subcontra;cts that are in excess of ($15,000) dollars. 9.3. -In performing this Agreement, the CONSUL TANT shall not subcontract with or employ any CllY employee without the CITY's written consent. · 10. SUPERVISION, INSPECTION AND PERFORMANCE. 10.1. Even though CONSUL TANT 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 VIC Operations -Page 4 of 13 1 0.~. CONSUi:-TANT represents that it has or will obtain all personnel necessary to perform the Services and that such personnel shall be qualified, experlencec;t, 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 CITY's authorization shall not relieve CONSUL TANT or its subconsultants from any duties or obligations under this Agreement, or at law, to perform the Services in a satisfactory and competent manner. CONSUL TANT shall ensure that all contractual duties, requirements and obligations that CONSUL TANT owes to CITY shall also be owed to CITY by CONSULTANT's subconsultants retained to perform the Services. 10.3~ CONSL}LTANT shall 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'" CONSUL TANT shall perform the Services in accordance with the standard of care of its profession in the same or sfmilar localities at the time services are performed. CONSUL TANT shall be responsible for the professional standards, performance , and actions of ell persons and firms performing the Services under this Agreement. CONSUL TANT Shall, without additional compensation, correct 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 forth in Section 1 a,,ove , elth~r party may request changes fn 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. 1·2. 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 "E.xtra Work" and shall be addressed in a written supplement to this Agreement. The CllY 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. f. The GITY may terminate this Agreement at any time, for the convenience otthe Cir?'., upon not less than thirty (30} days written notice to the CONSUL TANT. Written notice will be by cert.ified mail sent to the consult.ant's designated representative at the address provided by the CONSUL TANT. 13.2. The CITY may terminate this Agreement, in whole or In part and at any time, in writing if CONSULTANT substantially falls to futfill any or: all of Hs materlal obligations through no fault of CITY. If Cl1Y terminates all or part of this Agreement for .l Professional $ervices Agreement for VIC Operations -Page 5 of 13 default, CITY shall determine the amount of Services satisfactorily performed to the date of termination and the amount owing to CONSUL TANT using the criteria set forth below: provided that (a) no amount shall be allowed for anticipated profit ory unperformed Services or other work, and (b) any payment due to CONSUL TANT 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 termlnatton, 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 pe_rformed to the date of 1ermination. Under no circumstances shall payments made under this provision e>tceed the ·Schedule of Charges. This provision shall not preclude CITY from filing claims and/or 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 CONSUL TANT, which, when added to any payments previously made, shall compensate the CONSUL TANT for the portion of work completed. 14. INDEMNIFICATION/HOLD HARMLESS. 14.1. The indemnification and defense obligations specified in this Section 14 ("lndemnity ·Obligatioh.sj have been mutually negotiated and shall survive the expiration, ~bandonment. or termination of this Agreement. The Indemnity Obligations shall ex1end to claims that are not reduced to a suit and to any claims that may be compromjsed prior to .the culmination of any 11tigation or the institution of any. litigation. Inspection, ·acceptance or payment by CITY of or for any Services perfonned by CONSUL TANT 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 CONSUL TANT's professional judgment in the performance of architectural, landscape architectural, engineering, or land surveying services such that RCW 4.24.115 would apply, CONSUL TANT 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, federal or municipal law or ordinance, or negligent act,· omission, breach of contract, or· willful or intentional misconduct of CONSUL TANT. The obligation of indemnity under this subparagraph does not. however, extend to losses caused by the negligence (whet~er 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 VIC Operations -Page 6 of 13 CONSULTANT, the indemnification 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 CONSUL TANT under the applicable worker's or workmen's compensatiPn, benefit, or disability laws (including but no( limited to, the Industrial Insurance laws, Title 51 of the Revised Code of Washington). CONSUL TANT expressly waives an/immunity CONSUL TANT might have under such laws, and, by entering into this Agreement , acknowledges that this waiver has been mutually negotiated. 15. INSURANCE. 15.1. The CONSUL TANT 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, representatives, employees or subcontractors. 15.2,. CONSULTANTS maintenance of insurance as required by the Agreement shall not be' construed to limit the liability of the CONSUL TANT to the coverage provided by such insurance , or otherwise limit the CllY'S recourse to any remedy available af.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) fonn CA 00 01 or ·a substitute fonn providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contract liability coverage; and, . ' 1'5.3.2. Commercial General Liability insurance shall be written on ISO occurrence;forrri C~ 00 01 and shan cover liability arising from premises, operations, independent contractors, and personal injury and advertising Injury. The CITY shall be named as an addltlonal Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the CllY; 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 CONSULTANT's profession. - 15.4:;:_ Minimu·m Amounts of Insurance. CONSULTANT shall maintain the fo_llowing in~urance 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 to 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 CONSULTANrs 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,· ~as been given to the CITY. 15.5.3. Any payment of deductible or self-insured retention shell be the sole responsibility of the CONSUL TANT. 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 liablllty. 15.6. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.~. Best rating of not less than A:VII. 15.7; Verification of Coverage. CONSULTANT shall furnish 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 CONSUL TANT before commencement of the work. 15.8. Cancelation. No cancelation of the foregoing coverage shall be effective without thirty (30) days prior notice to the CITY. 16. APPLICABLE LAWNENUE. 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 ar,1y litigation brought hereunder shall be Kittitas 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 certified mail or deposited with an overnight delivery seNice. Professional Services Agreement for VIC Operations -Page 8 of 13 City of Ellensburg City Manager's office 501 N. Anderson Ellensburg, WA 98926 Kittititas County Chamber of Commerce 609 North Main street Ellensburg, WA 98926 18. ENTIRE AGREEMENT. The written tenns 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 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 w~iver of any breach by either party shall not constitute a waiver of any subsequent breach. ~ 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 Work Exhibit B -Metrics for Evaluation of Performance Exhibit C -Budget for Each Task Professional Services Agreement for VIC Operations • 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 (i L _6 t tl. · Name: 110\j IV\ ~ (fl f'l Title : CE.Q Tax ID#: -------- Professlonal Services Agreement for VIC Operations Approved as to Form: City Attorney -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 effort: 1. Visitor Information Center a. Establish, operate and maintain a Visitor Information Center for the purpose of I. g199tf ng visitors, ii. displaying promotional brochures, iii. offering assistance, and iv. answering requests for tourism and visitor information. b. Operate the Visitor Information Center Monday-Friday from 9 arn to 5 pm, Ssturdays between the hours of 10 am and 2 pm, and Sundsys between the hours of 1 0 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 rec<:Jive regular visitor information training d. Maintain a year-round to/I-free number for tourism information. e. Operate and maintain the Downtown Visitor Information Center located at 4 th .and Pearl Street, 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 Oc;tober, and staffed during events at that location. Professional Services Agreement for VIC Operations -Page 11 of 13 Assessment: EXHIBIT B METRICS FOR EVALUATION Performance will be assessed by the Ellensburg Lodging Tax Advisory Committee based upon information provided by the Chamber which will include: 1. Track brochure counts from additional locations throughout Ellensburg 2. Organic Search 3. Form Fills/Leads Request/Information 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. 6. Track BOO# calls into the Visitor lnfonnation Center providing date, location called from to be compared with previous years. Professional Services Agreement for VIC Operations -Page 12 of 13 EXHIBIT C BUDGET Work Item Unit ("vtSITOR INFORMATION CENTER ! Visitor Center Space (rerit/inal~t/lnsfutllldes) ·, LumpSum j · . I • r Office Expenses (phone,postage,copler,ofc) I • I Lumpsum R Visltor Cante~ ~~~na_:_·· _ Staff Training _.. -·-- 1 Contract Adm~lstratl~~ __ . Lump~um . -.. .. --·-... j Lumpsum --·, Lum-pSum ~ ··-·-----r--· .. TOTAL CONTRACT Professional Services Agreement for VIC Operations Cost $2000/mo 2019 8ud,et $24,000 2020 Budget · ·$24,000 $833.33/mo $10,000 $10,000 $5583.33/mo $67:,000 $67,000 ... . . ,. $166.67 /mo · $2,000 j $2,000~-· ----$1oooirn'ci -$12,000 . --$i2,000 --------... ..,. -·---·-_., ------ Total Collateral Materials $115,000 $115,000 i ·----·--·' . l $11s,~oo 1 $11s ~ooo _ I ~ Page 13 of 13 RELATING' TO: AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF ELLENSBURG AND KITTITAS COUNTY CHAMBER OF COMMERCE MARKETING/ADVERTISING CAMPAIGN Tl:IIS LUMP SUM AGREE~ENT la made and entered into this 19 -th day of N OV-em hlf , 20N ("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 ucONSUL TANT"), 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 CIT¥ has solicited for such professional services as required by law, including RCW Chapter 39.80 if applicable. 1.3. CONSUL TANT 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. CONSUL TANT agrees to perform the work and services specified herein in accordance with the terms and conditions of this Agreement. NOVY, 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 scope of professional services to be performed and the results to be achieved by the CONSUL TANT shall be as detailed rn the attached Exhibit A and shall Include all services and material necessary to accomplish the work c·services"). 2.2:···· The CITY may review the CONSULTANrs 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 for Tourism Marketing/Advertising -Page 1 of 14 2.3. The CONSUL TANT 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 CONSUL TANT 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 (11 LTAC1 ') 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 CONSUL TANT as set forth in this section of the Agreement. Sucli payment shall be full compensation for work perfonned, services rendered, ahd 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 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 perfonned, services rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work. 4.2. . The CONSUL TANT 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 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 pait of this agreement. Payments for those budget items shown on .'Exhibit C' for Adminfs;ratlon 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 Marketing/Advertising -Page 2 of 14 agreement shall in no event exceed the total amount shown on the budget in 1Exhlbit C' of this agreement. 4.6. Payment for "Extra Work" perfonned under Section 12 of this Agreement shall be as agreed to by the parties in writing. 5. MAXIMUM COMPENSATION. 5.1. The CONSUL TANT's total compensation and reimbursement under this Agreement.~ including labor, direct non-salary reimbursable costs and outside services, sha:11 not exceed the maximum sum of $346,680.00 in 2019 and $336,885 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 CONSUL TANT 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. ··Neither the CONSUL TANT nor CONSUL TANT's employees are ·employees of the CITY and are not entitled to the benefits provided by the CITY to its employees. The CONSUL TANT, as an independent contractor, has the authority to control and direct the perfonnance of the details of the services to be provided. No employee, agent, representative or subconsultant of CONSUL TANT 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, unemplo~nt insurai:ice, Social Security, and income tax, payable as a result of work performed under this·-Agreement. 6.2. Employees of the CONSUL TANT, 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 CONSUL TANT. Oo or before the Effective Date, CONSULTANT shail file, maintain and/or open all necessary records with the Internal Revenue Service and the State of Wa~hington, and as may be required by RCW 51.08.195, to establish CONSUL TANT's status as an independent contractor. Professional Services Agreement for Tourism Marketing/Advertising -Page 3 of 14 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 Sl!itability for reuse by any other party unless specifically verified or adapted by the CONSUL TANT. However, any alteration of the documents, by the CllY or by others acting through or on behalf of the CITY, will be at the CllYs 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 CONSUL TANT shall maintain open hiring and employment practices and will wetcome applications for employment in all positions , from qualified Individuals who are members of minorities protected by federal equal opportunlty/afflnnatlve 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 orie~tation, disability or other legally protected classification. 9. SUBCONTRACTING. 9.1. The CONSUL TANT 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 CONSUL TANT for work to be perfonned pursuant to a subcontractor, ihcludlng procurement of materials, equipment, website maintenance or marketing services, each potential subconsultant or supplier shall be notified by the CONSUL TANT of CONSUL TANT's obligations under this Agreement, including the nondiscrimination requirements. The CONSUL TANT shall solicit competitively for services or:subcontracts that are in excess of ($15,000) dollars. 9.3. . In perfonning this Agreement, the CONSULTANT shall not subcontract with or employ any CITY employee without the C ITY's written consent. 10. SUPERVISION, INSPECTION AND PERFORMANCE. 10.1. Even though CONSUL TANT 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 Ag~ment for Tourism Marketing/Advertising .. _ Page 4 of 14 10.2: CONSUL TANT represents that it has or will obtain all personnel necessary to perform the Services and that such personnel shall be qualified, experien009, 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 CITY's authorization shall not relieve CONSUL TANT or its subconsultants from any duties or obligations under this Agreement, or at law, to perform the Services in a satisfactory and competent manner. CONSUL TANT shall ensure that all contractual duties, requirements and obligations that CONSULTANT owes to CITY shall also be owed to CITY by CONSUL TANT's subconsultants retained to perform the Services. 10.3;· CONSUL TANT shall 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 Agr:eement7 CONSUL TANT shall perfonn 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 shalt be responsible for the professional standards, performance, and actions of all persons and firms performrng the Services under this Agreement. CONSUL TANT shall, without additional compensation, correct 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 forth in Section 1 e1?ove, 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 hereiri 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 11 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. TER_~INATION. 13.1; The CITY may tenninate this Agreement at any time, for the convenience of the CITY~ upon not less than thirty {30) days written notice to the CONSUL TANT. 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 CONSUL TANT substantially fails to fulfill any or all of its material obligations through no fault of CITY. If CllY terminates all or part of this Agreement for Professional Bervlces Agreement for Tourism Marketing/Advertising -Page 5 of 14 default. CITY shall determine the amount of Services satisfactorily performed to the date of tennination and the amount owing to CONSUL TANT using the criteria set forth below; provided that (a) no amount shall be allowed for anticipated profit on unperformed Service~.or other wor1<, and (b) any payment due to CONSUL TANT at the time-of termination may be adjusted to the extent of any additional costs CITY incurs or will incur because of CONSUL TANT's default. In such event, CITY shall consider the actual costs incurred by CONSUL TANT in performing the Services to the date of termination, the amount of Services originally required which was satlsfaoto(il.y completed to the date of termination, whether the Services or deliverables were in a fonn or of a type which is usable and suitable to CITY at the date of tennination, 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 b·e requited 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 eiceed the Schedule of Charges . This provision shall not preclude CITY from filing claim~·.and/or 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 completiqn of the work, a final payment shall be made to the CONSUL TANT, which, when added to any payments previously made, shall compensate the CONSUL TANT for the portion of work completed. 14. INDEMNIFICATION/HOLD HARMLESS. 14.1. The indemnification and defense obligations specified in this Section 14 ("Indemnity ObUgations") have been mutually negotiated and shall survive the expiration " abandonment, or termination of this Agreement. The Indemnity Obligations shall exten~ to claims that are not reduced to a suit and to any claims that may be compromi~d prior to the culmination of any litigation or the institution of any litigation. lnspectior:i, acceptance or payment by CITY of or for ~oy Services performed by CONSUL TANT 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 CONSUL TANT's professional judgment in the performance of architectural, landscape architectural. engineering, or land surveying services such that RCW 4.24.115 would apply, CONSUL TANT shall defend, indemnify, and hold the CITY hannless from all such losses to t~e extent caused I or alleged to be caused, by any violation of law I including state , feder;:al or municipal law or ordinance, or negligent act, omission, breach of contract, or willful or intentional misconduct of CONSUL TANT. The obligation of indemnity 1.tnder 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 Tourism Marketing/Advertising -Page 6 of 14 CONSULTANT, the indemnification obligations set forth above shall not be limited in any way by any !Imitation on the amount or type of damages or compensation benefits payable by or for CONSUL TANT under the applicable workefs 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). CONSUL TANT expressly waives anyimmunity 'CONSULTANT-might have under such laws, and, by entering into this Agreement, acknowledges that this waiver has been mutually negotiated. 15. INSURANCE. 15.1. The CONSUL TANT shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to peraons 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. CONSULTANT'S maintenance of insurance as required by the Agreement shall not be' construed . to limlt the liability of the CONSULT ANT to the coverage provided bY. such fns4rance, or otherwise Omit the CITY)S recourse to any remedy available at'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 fonn providing equivalent liability cove~ge. If necessary, the poli~y shall be endorsed to provide contract liability coverage; and, 1:5.3.2. Commercial General Liability insurance shall be written on ISO occurrence·;form CG 00 01 and shall cover liability arising from premises; operations, Independent contractora, and personal injury -and advertising injury. The CITY shall be named as an additional insured under the Consultant's Commercial General Llabllity 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 CONSULTANT's profession. 15A: Minimum Amounts of Insurance. CONSUL TANT shall maintain the following insurance limits: 15.4.1. Automobile Liability insurance with a minimum combine'd single limit for bodily injury a~d property damage of $1,000,000 per accident. Professional SeNices Agreement for Tourism Marketing/Advertising -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. Toe insurance policies are to contain, or be endorsed to 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, seff-insurance, or insurance pool coverage maintained by the CITY shall be excess of the CONSUL TANT'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 certffied 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 llmits 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 certificates a,:id a oopy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the CONSUL TANT before commencement of the work. 15.8. Cancelation. No cancelation of the foregoing coverage shall be effective without thirty (30) days prior notice to the CITY. 16. APPLICABLE LAWNENUE. 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. Nonce. All communications regarding this Agreement shall be sent to the parties at lfle addresses listed below, or at such other address as given pursuant to this Section, arid shall be effective on the next business day if sent by registered or certffied mail or deposited with an overnight delivery service. Professional Services Agreement for Tourism Marketing/Advertising -Page 8 of 14 City of Ellensburg City Manager's office 501 N. Anderson Ellensburg, WA 98926 Kittititas County Chamber of Commerce 609 North Main Street Ellensburg, WA 98926 18. ENTIRE AGREEMENT. The written terms and provisions of this Agreement, together wi~h 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 exhiblt(s) shall be disregard~~ an~ shaH be considered void. l 20. MODIFICATION. 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 CONSUL TANT. 21. ASSIGNMENT. Any assignment of this Agreement by CONSUL TANT 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 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 Work Exhibit B -Metrics for Evaluation of Performance Exhibit C -Budget for Each Task Professional Services Agreement for Tourism Marketing/Advertising -Page 9 of 14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CONSULTANT: By: ~ ' Printed /J t,_ Name: Ulilij!Oc.Gu f@, Title: CED Tax ID#: _______ _ THE CITY OF ELLENS \URG: By: C;1& I Printed () -Z-J \l Name: \D 6\t'0:-: V · 'l }, THle: ~1~ ATTEST: ~ Clerlc Approved as to Fann: ~m:v Profesalonal Services Agreement for Tourism Marketing/Advertising -Page 10 of 14 EXHIBIT A SCOPE OF WORK The Chamber agrees to provide the following seNlces and engage in the following activities in .support of the City of Ellensburg tourism development effort: 1. Hire 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 8/lnual marketing plan to present to the L TAC at the beginning of each year. c. Serve as liason to members of the tourism industry and event organizations. d. Prepare the City's applications to the Lodging Tax Advisory Committee for funding. e. Submit a monthly accounting of expenses incurred. f. Obtain, analyze and apply dat,9 related to tourism-related activities in such a manner as to aid the review of the effectiveness of City of El/ensburr, tourism development efforts. g. Submit quarterly reports to the City about. services completed and the state and effectiveness of tourism promotion efforts. As requested, but at least twice during the year, present such reports in person to the City Council. 2. Website Maintenance and Social Media a. Maintain, including periodic updates as needed, a public web site that promotes City of Ellensburg 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 i. Brochures ii. Maps iii. Press Kits iv. Video Clips v. Photo Ubrary b. Distribute Ellensburg tourism information and literature in Ellensburg and in other markets c. Maintain stock and periodically review the effectiveness of El/ensburr, racks and rack locations. Professional Services Ag~eement for Tourism Marketing/Advertising -Page 11 of 14 4. Marketing and Advertising a. Administer and oversee Ellensburg tourism promotion efforts to promote the City's events, attractions, fscilit/es, and destination downtown, Including i. marketing campaigns, ii. advertising, Iii. brochures, iv. solicitation of conventions and meetings, v. participation in trade shows, and vi. other activities agreed to by the parties from time to time. 5. Signage a. Staff the entryway and directional signage oommittee when meetings of the committee are recommended by the City. Professional Services Agreement for Tourism Marketing/Advertising • Page 12 of 14 Assessment: EXHIBIT B METRICS FOR EVALUATION Performance will be assessed by the Ellensburg Lodging Tax Advisory Committee based upon information provided by the Chamber which ,ivill 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 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 Marketing/Advertising -Page 13 of 14 ,· l Work Item : MARKETNG & ADVERTISING I j ~ebslte Maintenance Collateral Materials Marketing & Advertising Tourism Strategy 5 year plan/Implementation Director of Tourism . Contract Adminlstratio~ (L&I, Insurance, Ac:c:t:g, ~kta Fees) EXHIBIT C BUDGET Unit Cost Lump Sum $1083.33/mo Lump sum $2500/mo in 2019 $2666.67 /mo in 2020 Lump sum Lump sum Lump~um $3916.67/mo I~ 20t9 $4166.67/mo in 2020 Lump Sum Total Collateral -Mate,rlals I -·--·----. --TOT AL CONTRACT . ' ; , __ ,. _____ _ ___ ,.-- Professional Services Agreement for Tourism Marketing/Advertising 2019 2020 ludpt Budget $13,000 $13,000 $30,000 $32,000 $154,680 .$171,353 $50,000 $20,000 $47,000 $50,000 $52,000 $50;000 $.346,680 $336,885 -$~~-~!.6~~ $336,885 -Page 14 of 14 TOURISM PROMOTIONS AGREEMENT Between the City of Cle Elum and The Kittitas County Chamber of Commerce This Agreement Is made and entered Into this 23rd day of October, 2018, by and between the Kittitas County Chamber of Commerce, hereinafter 11 Chamber," and the City of Cle Elum, a municipal corporation, hereinafter "City." WITNESS 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 asreed as follows: A. Chamber's Obligations. The Chamber agrees to provide the following services and engage In the following activities in support of the Cle Elum tourism development effort: 1. Establlsh, operate and maintain a Visitor lnformatJon center for the purpose of greeting visitors, dlsplaylng 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. and4 p.m. 2. Ensure that Chamber personnel and volunteers receive regular visitor Information training. 3. Distribute Cle Elum tourism information and literature In Cle Elum and in other markets. Maintain stock and periodically review the effectiveness of Cle Elum racks and rack locations. 4. Develop and maintain a separate web site devoted entirely to Cle Elum tourism. 5. Develop and implement external publlc relat1o·ns 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. 8. Obtain, analyze and apply data related to tourism-related activities In such a manner as to aid the review of the effectiveness of Cle Elum tourism development efforts. l B. City's Obligations. The City agrees to provide the following services and engage in the following activities in support of the Cle Elum tourism development effort: 1. Assign a member of the City staff to serve as liaison and contact with Chamber representatives In support of the 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 NExhibit A-Tourism Services Budget" are approximate. However, payments made by the City to the Chamber under this agreement shall in no event exceed the total amount shown on the budget In 'Exhibit A -Tourism 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, successo~, 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. 5. Both parties agree that in fulfllllng the terms and conditions of this agreement that neither shall discriminate on the basis of race, creed, color, national origin, age, sex, marital status, or the presence of a physical, sensory or mental handicap. 6. This agreement is a contract for services. The Chamber remains a private nonprofit association of business and professional people, and the Chamber's acceptance of this contract does not result In Chamber membership, or convey the benefits of Chamber membership, to non-members. 7. The Chamber's membership directory, web page, displays and other Chamber referral services remain the property of the Chamber and its members, and listing is ·at the discretion of the Chamber. 8. The term of this contract shall be for 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. KITTITAS COUNTY CHAMBER OF COMMERCE J A ,w\/).. w--. ...-V-31 ~ C.E.0, 3 CITY OF CLE ELUM Jay McGowan Mayor Job Title: Director of Economic Advancement Status: Full-Time/ Salaried/ Exempt Salary Ranae: $50,000 -$68,000 dependln1 on qualiflcatlons and tenure Department: Economic Development/Tourism Reports to: Chief Executive Officer SUMMARY /J Hachment f Responsible for all economic development Information and related services in Kittitas County. The Director assists businesses and connects them with federal, state, re1lonal and local proarams. This Includes servfn1 as the county's primary economic development contact, administering the ADO requirements. To promote economic development by marf<etlng Kittitas 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 trafnlnss, conferences, etc. o Complete ADO reporting requirements • Assist county businesses seeking to start, maintain, or expand. This includes: o Knowledge of economic development programs and services o Meet with and asslst1n1 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 assfst1111 businesses from out of the county. o Anange sight visits; working with other economic development contacts. • Publlclze 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 • Networkina/referrals o Create workshops that focus on but not ltmlted to: • Local, state and federal regulations • Government advocacy • Track available economic development/tourism grants and opportunities: o Opportunity Zoning o .09 Funding County 609 North Main Street, EJJensburg, WA 98926 (509)925-2002 "'-ww.kittitascountychamber.com o Yakima County's Development Association Partnership •enterprise Olallenge., o Lodging Tax Contract of Services -Ellensburg, City of Cle 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 light nationally, regionally, and locally. This Includes editorial content In national magazines, newspapers, biogs, websites, and 1V promotion. • Research and develop comprehensive marketing strategies, aimed at increasing travel through the area. • Work with the hospitality industry to Increase room occupancy throush advertising strategies, stay packages, trainins and other methods. • Collect pertinent travel research and report findings. KNOWLEDGE & SKIL15 NEEDED 1. Outgoing personality who enjoys people 2. Writing, readina, and analytical skills 3. Public relations and marketing experience 4. Some data entry skills, competence with office management software 5. Strong customer service attitude 6. 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 stairs, and stoop, kneel, crouch or crawl. JOB SPECIFICATIONS 1. Advanced writing, reading, arithmetic and analytical skllls required. 2. High school diploma/equivalent required. 3. Internet communication skills. 4. Strong customer service skills required In order to communicate effectively with all levels of management, bus iness and govemment offices/ · 5. Excellent organizational, attention to detail, follow through and problem-solving skills required. 6. Experience in planning special events/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, • White performing the duties Of 1hls Job, the employee Js oc~slonally exposed to moving mechanical parts and fumes or airborne particles. The noise level In the work environment is usually moderate. 609 North Main Street, Ellensburg, WA 98926 (509)925-2002 www.kittitascountychamber.com DISCLAIMER: The above statements are intended to descnbe the general 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 skills required by personnel so classified. Employee Signature Date Chief Executive Office Date 609 North Main Street, Ellensburg, WA 98926 (509)925-2002 www.kittitascounfychamber.com Job Title: Business Development Coordinator Status: Full-Time / Salaried / Exempt salary Range: $41,600-$43,000 depending on qualificatlons 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 for the Economic Development team. ESSENTIAL DUTIES AND RESPONSIBIUTIES: • Serve as the secondary contact for the county as ADO. o Attend required trainings, conferences, etc. • Assist countv 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. • 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. 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 annually for accuracy and designated featured properties quarterly. • Track available economic development/tourism grants and opportunities: o Opportunltv Zoning o .09 Funding Countv o Yakima County's Development Association Partnership ·Enterprise Challense" • Aid In ~he production of a semi-annual newsletter. This Includes satherlng 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 pos~ible functions. • Other duties as assigned. 609 North Main Street, Ellensburg, WA 98926 (509)925-2002 \\'Ww.kittitascountychamber.com KNOWLEDGE & SKILLS NEEDED 1. Outgoing personality who enjoys people 2. Writing, reading, and analytical skills 3. Publlc relations and marketing experience 4. Some data entry skills, competence with office management software s. Technically sawy (ability to use online resources for research) 6. Strong customer service attitude 7. Organizational skills and attention to detail 8. 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 dlploma/equlvalent required. 3. Internet communication skllls. 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 events/meetings. 7. Must have reliable transportation. MINIMUM REQUIREMENTS • Bachelor's degree with significant coursework in business administration, economics, 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 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. DISCLAIMER: The above statem.en1B are intended to descnl>e the general 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 skills required by personnel so classified. 609 North Main Street, Ellensburg, WA 98926 (509)925-2002 www.kittitascountychamber.com Employee Signature Date Chief Executive Office Date . 609 Nm1h Main StTeet, EJJensburg, WA 98926 (509)925-2002 www.kittitascou.ntychamber.com l Job Trtle: Commercial Property Manager Status: Part llme/Hourly/Exempt Hours: Monday-Friday 9:00 am-5:00 pm with evenln1 and weekend work durlna events Salary Ranae: $14.00 -$16.00 dependlna on qualifications and tenure Department: Economic Development/Real Estate Reports to: Chief Executive Officer Summary The commerclal Property manager wlll 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 piecing qualified tenants, and they ensure the property is In good working order. Ultimately, Property Manager should be able lo ensure the smooth running of the office and help to Improve Catalyst Co-working procedures and day-to-day 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, end oversees eviction proceedings If necessary. Create and maintain office policies. Facilities Management-schedules maintenance and repairs, negotiates contracts with vendors, regularty Inspects property to ensure It Is In good W'Orklng order, end 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. Plan In-house or off-site activities, llke parties, celebrations. Coordinate social media, blog and outreach marketing for catalyst locations (local publications, Art Walk, & by other requests. Knowledge & Skills Needed • Familiar with applicable local, state, and federal laws and regulations 609 North Main Street, Ellensburg, WA 98926 (509)925-2002 www.klttitascountychamber.com • Strong Interpersonal & business communication skills • High level of organization and attention to detail • Competence with office management software • Knowledge of financial reporting Physlcal 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 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. 6. Experience in planning special events/meetings. 7. Must have reliable transportation. Work Environment: • The work environment characteristics described here are representative of those that an -employee encounters while perfonnlng the essential functions of 1his job. Reasonable acoommodattons may be made to enable ln dlvfduals 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. DISCLAIMER: The above statements are Intended to describe the general nature and level of wort< being performed by indlvlduals assigned to this position. They are not Intended to be construed as an exhaustive list of responslbllttles, duties and skills required by personnel so dasslfled. Employee Slsnature Date Chief Executive Officer Date 609 North Main Street, Ellensburg, WA 98926 (509)925~2002 www.kittltascountychamber.com KITT C.O CHAMBER ·OF COMMERCE ORGANIZATION CHART ta!a ' -~ J a.1 r -,1;.~, .... CHAMBER Of COMMERCf ~-,&;>~ ......Wp loanl., Dlncten C.LO EucutlN c.ffllllftt .. \~--~-I • ~ ~ ' ' k I •. ~,!., ,._,,;,;;..>t-I ~ -·,,.s-.-i ~:~Dl II _i d ~ 1• ......,---.-, .. ,'.1 ..... ~.: ~.: .• ; .. ,-:_~J=~----r,~., j ~-~.: ~'1 =-=;:;::a~ !!!!! lVDIT IISINm ... El DEVELOPflEIT SEIVICES mGIDIIIATOI COORDIUTOI COIIIIITIIE (l'l'J (FTEJ ctallU0AL VIC ,.,mna/m- OPOATIOIS WOIIIIICSNa (2FII) CDOIDIHl'DI (I'll) KDDEY TOUIISII C8IUIITTII caainu IGVTABAIIS <Malffll RCW 82.14.370 Sales and use tax for public facilities in rural counties. RCW 82.14.370 (3)(Ni) "Economic de.velopment office" means an office of a county. port districts, or an associate development organization as defined in RCW 43.330.010, which promotes economic development purposes within the county. Attachment H- . . ..... ~-. ·---/ BOAKD OF COUNTY COMMISSIONERS COUNTY OF K.l'ITITAS STATE OF WASHINGTON RESQLUJ]ON NIK: 2016• Q/1 IN THE MAffD OJ" APPROVAL OP TRI KJ'M'ITAI A YAKIMA COUNTIES COMPREHENSJVE ECONOMIC PEV&LO.PMENT STIU.~Y. WJIEREASs Kittitas County and Yakima County and its public and private pmtners want to stralgthen and divcniify the regional economy; wuraus, dn'oloplna a Compn:beDliw Econm;alc Devo~t 8tndelY (CEDS) for the rqlon will help manlal re10urces and drive eftactive partnmhips; WHIRM8' a <.,'EDS wffl 1180 help the re,ion aatn ltfontion ud tupport for apecif"ee projeots wilh lhe fednral liconomic 0oveio,,.aen1· Adminislrldan; WHl'«us, the two COUDly CEDS will be driven by I broadly repretelltltlvo local steerins committee: WIIERl,\S: Affral public fontm1 will be held to generate input and interat in the CEDS plan; WHEREAS= an extensive out~ procas will be adminiatm,d to 1pedficaJly request that inten:s&od jurildlo&lona and ellaible nonprofit uaopiatk>nl IUbn,ft ocononuc development pn>Jecta for prioritization and inollllion within tho CBDS; WHER&A.St 1he CBDS plan will heJp reestablish a two county Economic Devolopment District that can holp implement thi1 important plan; and WHERgAS: i1 is benefidal to maintain the CBDS so thu the Economic Development ~illration (BDA) cm comi~ OGOJIODlic illVOlhnCDtt within our reaioni NOW TJBREFORJ; 81 IT RESOLVED 1hat the Kittitu Coamty Boll'd of ConuniKio~ adoplS the A>llowins document (at11chmcnt A) as the fina1 CEDS plan for 2016 -2019. DA TED this I 9th day of January, 2016 at Ellembura, W11ihinaton. Oaty Berndt, Comm' • ISSIOner Excerpts from the Yakima ~nd Kittitas Counties Regional Comprehensive Economic Development Plan -?015 Provide asslltlnce to expa"4lng or troubled r:ompe~les ln an effort to suppott jobs and private Jnvestment wtthln Yaldma County. YCOA, k1ttttas Chamber, South Central Wortcrun:e Council . ,.... . . ' . ' .. 6 • I ~ .. • -. • •: . . , ... . , Market the reaton as a business location ustrw e· YCOA, Kittitas t1ewsletters, websnes prospec:ttna trips, pubk relations and Chamber, Port oth:,er stra~les. dlstrk:11 • • ... ~ • • I • • • • • • J ~ • ,~tontenf"9-~~-----. ' . .. . . ._..,.. d.,._-~· ·==.!jail · ·--..._., '. ..... ioN'll.&;f' 'a· • ·· ~,.,. an . , '~ ,• "T'4" • , . !l • I • .,~.'fir~ . • . , • , .... ~ II~ 1,id ·~ . fn htt11 · · . . ' . . ' ~ ... , . . . ~: . " -' ... ~"·-.. ·. ·- ~· • -• ~ I • 1,. •• ' • -~ •• • 'L . • . T" -.. • .. -; VQ)A, l<Jttttas Implement cooperatlYe markettnc Initiatives that raise the Chlim.,.r, ~ort reslon's Jmase and reputation as a business locetlon .,...rlcts Stay in contact with site selection professionals throush e· YQ>~ "1ttttu newslelte _rs, c:Jtreet man. 1111d spedet trtr,s or events. O..mber t,ri-.mem bumess planmnt~ ~ ~rs and eme bt.1$~ In~ ,nd 0 Ve_, eountres tnvestfpte the feaslbJUty of expandtna exlstlrw business plan a>ntests and other initiatives that support entrepreneurs end emet'llnl businesses in ttie two county reaton ·:m»A,CWU YCDA, Kittitas Chamber, local Colleaes& UnJversttles I ,' ~ l .mulU, UJedt,w~lQWn ,..11 Jt\C4iblttOJ Prptt1m In -Ktttlte:s Cha~. --5 CQi,nty.ah~~lb~ opp(ll'tunftla tofmsilcm,eht ttils . t~ thy of ~· ·~ Yakima ~nty. · . .. _v-'~r:tM Orpnlze and offer periodic seminars for entrepreneurs and established businesses that provide help In the areas of flnenc:e, m1rbtln8, management, getting started, etc. ·,mptement stratestes to help local employens attract tedmlcal and p~esslon1I employees to Central W.Shln n. . Develop business education partnerships for IC-12 and postsecondary schools YCDA,SBDC, SCORE, Ellensbuq Downtown Association, RCDR, Kittitas Chamber YCDA,, Kittitas a.amber ESD 105, YCDA, scwoc.cwu. Klttttu Chamber ... ~ . Implement a series of to~I seminars to support key local YCDA,, Kittitas Industry clusters find tlMilr key emplayees. Chamber, SCWDC ""'*'~---~ -~ ~~8"(1 .. · . . . :: ; .' ·: suppc,,t adUlts lnthe,nns1tton to new. ~~pportllnltlet . ·~ ···..-' . ltu,fefl)an~ ~ ·. . : . ~-: ·. -. . · . ·: · ·· .. , .. . . . Increase technical trafni,w opportunities by expanding the Yakima Vocational Tedmk:al Skills Center and bulldtng a satellte facllity In Sunnyside. Initiate a Machining Apprenticeship Program to provide In depth training to the areas Incumbent wor1c:force and support the state's 1arospace Industry VVTECH, Yakima School District ~'/fech~t,:ial ~ute.jPTt) vvcc .. · .. •. . ~} -·· '.• .. , ... : •' ·~ . .. ~ ,: .. _ Fund a.pproprlate Infrastructure prOjects with each Cquntv's 0.0!* s~'-5 tax fu'ldlna dedicated towards economic development prqJects Incorporate local breweries and dlstlfferles Into promotional end ~ourlsm marketing lnltiatlyes. ·, . ~--_ , ·. -~ . -:• . I-• . ' ,~ oil rotnbtJlt ,A1'r~urlsm 'and hoft.,.i..J ........ .... .,..... ... ..,., p . ,.. ,.,. ~ .. ,~ll''""~ .... "if ·W~tb,e ~OP. . . . ~ . . .. Pursue securing funds to make Improvement to falrarounds and other landmark facilities In the region to enhance their capablffties to support enhanced tourism. 1, 2, 3, 4, 6 1,2, 6 ... ' > 11 unds, 5(j .. Assess and Inventory t'1e Ctty's current retaJI offerlnss and Oty of Yatdma, ~ a recruitment and marlcetlng siratesv for downtown Ellensburg .._11 redevelopment. ==~ • ·:': •. :: ·: ; •. :,.; .. ·:-~v ·-. ·_., · .. -. . .-I '~'.,,,:·_,'._':·.: OtyofYaldma, ~e:•·~-~eviffltttla~-wtU.~ ,~P·-~-· Ellensburg ~~-~--.d-.s· :·. ,,t_ :·,;·-. ~: ••• · , ... Downtown : · . . ,_ • · · : : , · : · · .'·, · ., . · .. --. Assodatlon Oetennln, possible locations for paoo, platas and a pemMtnent location for an annual farmer's maricet that enhances overall downtown revltalfultlon efforts. Develop m1rf<ettn, and promotional materials that hJghhlht downtown a~ neighborhood business dev,tlopmen1 opportunities. Implement planned Infrastructure Improvements that support North 1st Street Revttaf111tlon Qty of Yakima Oiy of Y•ktm·1, Elensburg Downtown Assoclation '. ,. Q&J. of'ij,:tlJ>n ~IP. . , ·~ City of Yakima 14 . ·.· -;e • \'I - .. ·. 4 8 51 f I . ' ... In acmrdance wl~h EDA guldellnes, annual reports detaHins progress achieved on economic development activities wlll be prepared. The yearly reports wlll effectively adjust the CEDS as ~ to anticipate new opportunities, address neVJ Issues, identify new projects and strategies and remove finished projects and strat egJes. Since the CEOS Is a IMns document, annual reports wlll provide details regarding the previous year's efforts toward defined goals. key objectives will be tracked and _,next step~ will be statff for the coming year. These projected plans wtll continue to Identify specific projects, estimated costs and tlmeframes, funding mechanisms, responslble parties, and project partners. The following performance measures wlll be used to evaluate how well stratqles and projects are producing desired outcomes and Impacts for the Kittitas Yakima region. GOAL ONE: Support the Retention and Expansion of ReslDIIII austen and lndlistrt• • Number of new Jobs aeated • Number of Jobs retained • Increase In private Investment • Number of key companies receiving In-depth counseling (4 or more hours) • Number and$ value of key industry/business capital expansion projects • Number and types of Federal and State Investments secured to support spedflc duster or Industry collaborative Initiatives o $ loan capltaf packqed to suppon expanding businesses e $ value of tax credits secured to support expanding businesses GOAL Two: Support Smafl Business success and Ennpren1unhlp • Number of new ventures creeted • Number of workshops offered for smaH business and entrepreneurs o Number of small businesses receiving ln~h counsellq (4 or more hours) 52 #-t I I • Number of jobs creeted bv small businesses rec:efvlns help from Intermediaries • Number and types of Federal and State Investments secured to support smaH business development • $ Increase In private Investment from expanding s~1U businesses o $ loan capita! packaged to support expandl111 businesses GoAL THREE: Develop• Wortd aau Wortforce • Number of ~panles lnvestlns In a.estomlzed worlcfon:e tralnlns • Number of employees participating In customized traJnq adMtles " $ value of company Investments In a,stomlzed worker training • $ value of funds secured for general or customized worllforce tralnlns • Number and type of new tralnlng/educatJon dearu prosrams encl certtfates o Number •nd types of federal and State Investments secured to. support workforce training or developmen~ • Number of STEM 81"1duates from area colleges and technical schools • Number of dlsadvantlled workers successfullv placed Into Jobs GoM. fOUR: Invest In Cllpll:al Faclllliu and lnfruttucture • Number and types« Fedenl and State Investments niade to support specific companies or prepare for economic development opportunities • Number and$ amount of funded water/sewer Improvement projects • Number of new Jobi created • $ private Investment tr'81ered 11 Number of acnlS of Industrial property Improved or readied GOAL FM: Promote Towlsln end Develop Visitor Amenities • N11mber of vlsttorl using websites, vlsllor centers, etc. o $ value of pubtldty senerated In support of u,urtsm amenities and attraction$ • # days of r.onventlons/meetlngs booked at key public facllltles o Number of events aeated/supported & estimated eoonomk: Impact • Increase In overall economk Impact from vlsltor spend!• ' •J I ,A G~SIX: Enhance Downtown and Neflhbo,hood Busln• Dlstr1ct Vltlllty • Number of businesses started or recruited to tarpted business districts • Number of companies expandinl within tat'Beted business districts • Number of key companies receMna ln--depth counselfn8 (4 or more hours) • Number of events created/supported & estimated economic Impact • Number of new Jobs created • Number and$ amount of Federal and State Investments In revitalization projects • Number of Jobs retained c $ Increase In prtvate investment from expandins businesses The Yakima and KlttJtas County CommlSsions wlll maintain a CEDS committee or use the Board of a regJonal Economic Development District to evaluate the CEDS plan on an annual basis. The group Will update performance measures as necessary based upon actual experience with plan Implementation. 54 · t • .. Attac,hment I I • l ... !! I .. - I j I • 1111· fl!'. I lif'l t·tt1J-lf' If! ,It} ~11!i JfJ:· llt -~It l!ir t !llli !!1111!f :~ Jfil rfl~ 1 ! J1J1?f !11111l1tt 1! , h!. 1;1 1 · 1 •hit Urit 111u fd1' liJ 1-•(., f O .,Uu h1!J 1}j G111 :: , , , II l "\ '· ' . 11., ' • p ,... .. ! I I I ./ -:, .. t .• m ; Ill = i .. ... N .. I ~ .. I ,. I if!I Ill! i?!l jilij · ~ !ti1 -•~• &I 11 i ~1 1s al 1 1 ,f Jl t (~ I s; I Is§ gfils ~ a · l ii 11 - . l. I I J II' I . .. 11 "i• k i! I I. .u Ii • li ~ !t l I 1~1 1 It~ . ~ . ~ 11 ill ~ ' 0 .-: - .., .. l t I I 1B I a. I= @ ·&1• 1•111a• f ·1 f'l & > h;1 I .... )! ~ It 1~1 I Ii ll l .a-ll'll I l · -1f t~ e 1 n:tthh1t 1 •i Jl 1 H h U t lihll;i! 1111 1 '1'' lh! u fl 1, 1 !iH•1 •110•1 1 J pn u 11 • .. l HJ. ~ iii! ill I' 1,J1 '1111 ,111 1,1 If~ g_ ,c I l1 I i i l 1 1 8 E 1 I I f • ll 61 N ~ If I I J ! ~ ~ @