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HomeMy WebLinkAboutResolution_PF Agreement for 2024_ChamberofCommerceKITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS AGENDA STAFF REPORT AGENDA DATE: October 3, 2023 ACTION REQUESTED: Request to Approve a Resolution for the 2024 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement with Kittitas County Chamber of Commerce. BACKGROUND: Historically, the Conference of Governments accepts, reviews and scores Public Facilities applications for .09 funding from local entities and municipalities. At the June 21, 2023, Conference of Governments regularly scheduled meeting, the group agreed to only fund the economic development groups at historic funding levels with no applications necessary. This allows the Public Facilities fund to bank necessary funding to implement the strategic plan for projects during future funding cycles. INTERACTION: Based on the motion approved by the Conference of Governments, Public Works has prepared the 2024 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement with Kittitas County Chamber of Commerce in the amount of $92,000. This funding will be available on January 1, 2024. Public Works; Kittitas County Chamber of Commerce RECOMMENDATION: Approve & Sign the Resolution and the 2024 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement with Kittitas County Chamber of Commerce. HANDLING: Return one (1) original to Public Works ATTACHMENTS: Resolution; 2024 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement LEAD STAFF: Mark Cook Director of Public Works BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO: 2023- APPROVING THE 2024 DISTRESSED COUNTY SALES AND USE TAX INFRASTRUCTURE IMPROVEMENT PROGRAM AGREEMENT WITH 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 2024 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement with Kittitas County Chamber of Commerce has been executed by said entity with funding available January 1, 2024; and NOW, THEREFORE BE IT RESOLVED: The Kittitas County Board of County Commissioners hereby approves the attached 2024 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement with Kittitas County Chamber of Commerce. ADOPTED this 3rd day of October 2023. Attest: ❑ Clerk of the Board- Julie Kjorsvik BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Cory Wright, Chairman Brett Wachsmith, Vice -Chairman ❑ Deputy Clerk of the Board- Mandy Buchholz Laura Osiadacz, Commissioner 2024 DISTRESSED COUNTY SALES AND USE TAX INFRASTRUCTURE IMPROVEMENT PROGRAM AGREEMENT BETWEEN KITTITAS COUNTY AND KITTITAS COUNTY CHAMBER OF COMMERCE This Contract, dated S tembeX 13 2023 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, as Exhibit "A" which is attached hereto and incorporated herein by this reference. 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 ($92,000.00). 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 ioyce.white(a)co.kittitas.wa.us Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 1 Timely and accurate financial reporting is required for fund management by Kittitas County Department of Public Works. Financial reporting requirements for all grant awards are listed below: Using Kittitas County Department of Public Works reporting forms, applicants will submit project status reporting forms within fourteen (14) calendar days from the end of the reporting quarter as specified below: • Quarter 1 ending date: March 3151 • Quarter 2 ending date: June 301h • Quarter 3 ending date: September 30t1 • Quarter 4 ending date: December 31s' Recipients may submit reimbursement requests on a monthly basis on Kittitas County Department of Public Works reporting forms. 2. Grant recipients who fail in meeting required reporting requirements are subject to having funding withheld on the fifteenth (151h) day following the end of the reporting quarter. Failure in submitting the required project status reports (two consecutive reporting cycles) may result in award cancellation upon COG review. 3. Financial reporting forms shall be signed by the identified grant official or designee. Section 3. Performance by Funding Recipient a. Funding Recipient shall not (by contract, operation of law or otherwise) delegate or subcontract performance of any Services to any other person or entity without the prior written consent of the County. Any such delegation or subcontracting without the County's prior written consent shall be voidable at the County's option. b. Funding Recipient shall at all times be an independent Funding Recipient and not an agent or representative of the County with regard to performing the Services. Funding Recipient shall not represent that it is, or hold itself out as, an agent or representative of the County. In no event shall Funding Recipient be authorized to enter into any Agreement or undertaking for or on behalf of the County. It is understood that the Funding Recipient and the Funding Recipient's staff and employees are not employees of the County and are not, therefore, entitled to any benefits provided employees of the County. c. Funding Recipient shall comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, and other requirements, now or hereafter in effect, of any governmental authority (including, but not limited to, such requirements as may be imposed upon the County and applicable to Services). Funding Recipient shall furnish such documents as may be required to effect or evidence such compliance. All laws, ordinances, rules, and orders required to be incorporated into agreements of this character are incorporated into this Agreement by this reference. Funding Recipient agrees to obtain all required licenses and permits, and further agrees to keep them in full force and effect during the term of this Agreement. Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 2 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. 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. 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, with or without notice) all of Funding Recipient's books, documents, papers and records related to the Services or this Agreement. g. Funding Recipient understands and acknowledges that Funding Recipient is solely responsible for its own reporting and accounting of all state, federal, social security, and local taxes, of every nature, arising from Funding Recipient's performance of this Agreement. All compensation received by the Funding Recipient will be reported to the Internal Revenue Service at the end of the calendar year in accord with the applicable IRS regulations. h. The grantee shall obligate funding towards construction of the project no later than six months from the time of grant execution (providing the grantee has not submitted the project as being "banked" — COG Policy 2018-05). Obligation is expected to take two forms: consultant contracting or contractor award. Presuming the COG recommends a design only phase of a proposed Public Facility grant, obligation requirements are met on the date of grantee signature on consultant design contract(s). COG recommended construction awards will complete obligation requirements on the date of grantee signature on construction contracts. Failure in obligating grant awards within the prescribed timeframe results in the grant award being remanded back to COG for recommended re -purposing by the Board of County Commissioners. i. The grantee is obligated to follow Public Facility Fund COG policies in effect at the time of grant award as reflected in the Resolution signature date authorizing recipient contracting. COG policies may be obtained from the Department of Public Works (509) 962-7523. Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 3 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. 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. Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 4 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. 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 Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 5 unless set forth in a written amendment to the Agreement signed by both parties c. Notice for any purpose under this Agreement, except service of process, shall be given by the Funding Recipient to the Kittitas County Commissioners and the Kittitas County Public Works Director, 411 North Ruby, Suite 1, Ellensburg, WA 98926. For all purposes under this Agreement, any notice by the County to the Funding Recipient shall be given to the Funding Recipient's address provided on the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid, certified mail, return receipt requested. d. The section and paragraph headings of this Agreement are for reference convenience only and are not intended to restrict, affect or be of any weight in interpreting or construing the provisions of such sections or paragraphs. e. This Agreement may be executed in one or more counterparts and by facsimile, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Funding Recipient warrants to the County that the individual signing on Funding Recipient's behalf has the requisite power and authority to enter into and to perform Funding Recipient's obligations under this Agreement. Funding Recipient further warrants to the County that Funding Recipient has made no misrepresentation or misleading statement in connection with this Agreement, and is not in violation of any applicable law, ordinance, or regulation the consequence of which will or may materially affect Funding Recipient's ability to perform its obligations under this Agreement. g. If any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect the other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable. h. The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be in Kittitas County, State of Washington. Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 6 KITTITAS COUNTY BOARD OF COUNTY COMMISSIONERS Cory Wright, Chair Brett Wachsmith, Vice -Chair Laura Osiadacz, Commissioner Dated: Attest: ❑ Clerk of the Board- Julie Kjorsvik ❑ Deputy Clerk of the Board- Mandy Buchholz APPROVED AS TO FORM: Deputy Prosecuting Attorney KITTITAS COUNTY CHAMBER OF COMMERCE Wm9f 1 i I N AA r 21VTA i A - Address �5oa)ga 5 �,�a ext a�i Telephone awto-@ C-0" Email Distressed County Sales and Use Tax Infrastructure Improvement Program Funding Agreement Page 7 KITTITAS COUNTY CONFERENCE OF GOVERNMENTS MINUTES COMMISSIONERS' AUDITORIUM 205 blest 5th Room 109 - Ellensburg Regular Meeting 5:30 PM WEDNESDAY Committee Members Present: DUNE 21, 2023 Commissioner Cory Wright, Jay McGowan, Tom Uren, Geoff Scherer, Richard Hink Nancy Shuda, Rich Elliott Committee Members Absent: Nancy Goodloe, Bryan Elliott, Jim DeVere, John Glondo Others: Mark Cook and Candie Leader - Public Works Amy McGuffin - Kittitas County Chamber of Commerce Margaret Reich - CenterFuse Heidi Behrends Cerniwey - City of Ellensburg One (1) Member of the Public - Chris Martin CALL TO ORDER The meeting was called to order at 5:30 p.m. CITIZEN COMMENTS (1 MIN. TIME LIMIT) Chris Martin introduced himself and stated that he represents a group of stakeholders that continue to work on wildfire efforts with emergency services along with securing grants for such purposes. Chris Martin mentioned the recent grant that Kittitas County Conservation District is managing and with eight (8) different fire districts in the county is it difficult to coordinate for discussions. Chris Martin would like to request to be on a future COG agenda to give a presentation on grant funding, district boundaries and other fire related efforts. It was decided that Chris Martin would be presenting in either October or November with Candie Leader coordinating for agenda purposes. 06-21-2023 Minutes 1 ROLL CALL/INTRODUCTIONS Members announced themselves in attendance for the minutes. APPROVAL OF MAY MEETING MINUTES Jay McGowan inquired if members reviewed the minutes being presented for approval. Geoff Scherer made a motion to approve the May meeting minutes as presented. Richard Hink seconded the motion. Motion passed. CORRESPONDENCE - CITIZEN LETTER TO COG Jay McGowan introduced the next topic for discussion and stated that the City of Cie Elum has received numerous letters regarding this project. Nancy Shuda stated that she requested to have this on the agenda, as she had questions and is unfamiliar with what is going on. Nancy Shuda further inquired on how these issues were going to be addressed. Jay McGowan replied that the process is ongoing and will be before the Hearings Examiner soon then on to the City Council. Commissioner Cory Wright added the County is examining the concerns and issues, along with the City of Roslyn. Commissioner Cory Wright stated that communication between County staff and the City of Cie Elum have been had as well. Nancy Shuda had further inquiries about the approval process and Jay McGowan went further in discussion regarding city process. ECONOMIC DEVELOPMENT REQUESTS Mark Cook recapped previous discussion surrounding the 2024 Public Facilities Funding for the Economic Development Groups. Mark Cook inquired if COG is interested in funding at historic numbers and if applications are necessary, and if not, then staff will get agreement prepared for consideration. Jay McGowan agreed that funding at historic numbers seemed reasonable. Tom Uren made a motion to fund the Economic Development Groups at historic funding levels and no applications were necessary for the 2024 Funding cycle. Nancy Shuda seconded said motion. Motion passed. UPDATE ON PUBLIC FACILITIES DISTRICT Mark Cook provided an update on the prefeasibility study for the formation of a Public Facilities District. Mark Cook stated that the bonding capacity has been vetted along with financials for a vote for Sales and Use Tax that would provide additional revenue. Mark Cook continued that the operations and maintenance of a facility is still pending discussions and he will be presenting an update to the Board of County Commissioners at the Public Works Study Session on Monday. Discussion was held on private funding, voting districts, and formal feasibility. 06-21-2023 Minutes 2 REGIONAL PLANNING UPDATE Mark Cook stated that the Board of County Commissioners did approve the Resolution directing county staff to draft a proposal for a Regional Planning Model. Mark Cook continued he additionally had a meeting with Heidi Behrends Cerniwey from the City of Ellensburg on potential options and previously he had prepared a base financial model with population being the starting point for the municipalities. Mark Cook added that next steps would be to define the structure and present to COG for further discussion and direction. Rich Elliott commented that while he did say that the City of Ellensburg was not interested in some of the services a cooperative model could provide, this would not hinder the path forward for COG, if this was the agreed upon model. Rich Elliott added that fire funding for mitigation is needed and updating the bylaws should be looked at as well. Richard Hink inquired as to the connection between this path and the TIP Strategies project. Commissioner Cory Wright commented that more information is necessary before moving forward and there is a lot of work being delegated to county staff. Commissioner Cory Wright added that the expectations need to be decided and a whiteboard meeting needs to be set to get on track. Discussion was held on county staff drafting a study session template for use and the next COG meeting being only a whiteboard meeting. KITTITAS COUNTY CHAMBER OF COMMERCE UPDATES Amy McGuffin, Chief Executive Officer for Kittitas County Chamber of Commerce, recapped the update from last month's meeting and stated that she has been working on the summary of the ADO workplans that is due to the State for review. Amy McGuffin continued that the addition of goals identified in the plan drafted in conjunction with TIP Strategies were added for the State to review and monitor along with targeted interactions and forecasts. Amy McGuffin then touched on the collaboration that continues with Margaret Reich and CenterFuse with monthly meetings and touched on other partnerships she is fostering. OTHER BUSINESS Commissioner Cory Wright stated that Senator Patti Murray added a request for $1.05 million for Kittcom into her bill to the Legislature. Commissioner Cory Wright commented that Central Washington University would like to give a presentation to COG regarding a recent trip to Iowa. Commissioner Cory Wright requested that the Kittitas County Economic Plan not be referred to as the TIP Strategies Plan any longer and if necessary, a presentation on the plan can be given by himself to the municipalities for clarification. 06-21-2023 Minutes 3 Meeting was concluded at 6:39 pm. KITTITAS COUNTY, WASHINGTON L L Chbi 06-21-2023 Minutes