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