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HomeMy WebLinkAboutRES-2023-165BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO: 2023-l b 5 APPROVING THE 2024 DISTRESSED COUNTY SALES AI\D 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 October2023 BOARD OF COUNTY COMMISSIONERS LINTY, WASHINGTON of the Board- Julie Kjorsvik Vice-Chairman I Deputy Clerk of the Board- Mandy Br1 / \ Cot ?,t' 2024 DISTRESSED COUNTY SALES AND USE TAX INFRASTRUCTURE IMPROVEMENT PROGRAM AGREEMENT BETWEEN KITTITAS COUNTY AND KITTITAS COUNTY CHAMBER OF COMMERCE This Contract,dated EenLgmWX lZ . 2023 is made and entered into by and between KITTITAS COUNTY ("bounty"), 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. 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 seryices, 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. Pavment. 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,ooo,oo). 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 iovce.white@co. kittitas.wa. us Distressed County Sales and Use Tax lnfrastructure lmprovement Program Funding AgrrrTEAL I d. 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: 1. 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: o Quarter 1 ending date:. Quarter 2 ending date:o Quarter 3 ending date:o Quarter 4 ending date: March 31't June 30th September 30th December 31't 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 fundinq withheld on the fifteenth (15th) dav followino 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 bv Fundinq 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. ln no event shall Funding Recipient be authorized to enter into any Agreement or undertaking for or on behalf of the County. lt 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 etfect during the term of this Agreement. Distressed County Sales and Use Tox Inlrastructure Improvement Program Funding Aareement' 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. 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, 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 lnternal Revenue Service at the end of the calendar yeat 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. 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 Soles and Use Tox lnfrostructure Improvement Program Funding Aareement- Page 3 Section 4. Release. lnd itv. 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 o a a a Any breach of or default under this Agreement by Funding Recipient. Section 5. Compliance with Public Records Law. a. ln 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. ln 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. lndustrial lnsurance Waiver. With respect to performance of this Agreement and as to any claims against the County, its Additional lnsureds, officers, agents and employees, the Funding Recipient expressly waives its immunity under Title 51 of the Revised Code of Washington, the lndustrial lnsurance 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 lnfrastructure lmprovement Program Funding Agn""TE;L O Section 7. lnsurance 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 lnsured 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 fullforce and effect. Section 8. Termination. The County m?V, 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. ln 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 lnfrastructure lmprovement Program Funding Agn""TEEL S 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. lf 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 Kiftitas County, State of Washington. Distressed County Sales and Use Tax lnlrastructure Improvement Program Funding Agrr"rFEEL S Chair KITTITAS COUNTY BOARD cory COMMISSIONERS KITTITAS COUNTY CHAMBER OF COMMERCE IA"rvwx*#aru qo R"pr"r"St"iir7" wq$ uamctU WA qffiab Address laoa) 4aoap7 oxl' e"l ith, Vice-Chair ada rsstoner Dated Attest: ,trtlerkof the Board- Julie tr Deputy Clerk of the Board- M a a, Telephone Email Dated offf1) v ?AL4 APPROVED AS TO FORM: Deputy Prosecuting Attorney 7 Distressed County Sales and Use Tax lnfrastructure lmprovement Program Funding Aareement' Page 7 KITTITAS COUNTY CONF1SRENCE OF' GO\IERNMENTS MINUTES COMMISSIONERS' AT'DITORIT'M 205 West Sth Room 109 - Ellensburg Regrular Meeting 5:30 PM I{EDNESDAY Committee Members present: Commissj-oner Cory Wrj_ght , Jay McGowan, Nancy Shuda, Rich Elliott .tIrNE 21, 2023 Tom Uren, Geoff Scherer, Richard Hink Committee Members Absent: Glondo Nancy Good-l-oe, Bryan Elliott, Jj_m DeVere, John Others: Mark Cook and Candie Leader - public Works Amy McGuffin - Kittitas county chamber of commerce Margaret Reich - CenterFuse Heidi Behrends Cerniwey - City of El_lensburg One (1) Member of the pubfic - Chris Martin CAI,L TO ORDER The meeting was caLJ_ed to order at 5:30 p.m. crrrzEN CoMMENTS (1 MrN. TIME LrMrT) Chris Martln introduced himsel-f and stated that he represents a group ofstakeholders that continue to work on wildfire efforts with "*"r!.r"yservices along with securing grants for such purposes. Chris Martinmentioned the recent grant that Kittitas County Conservation District ismanaging and with eight (B) different fire districts in the county is itdifficult to coordinate for discussions. Chris Martin woui-d l-ike torequest to be on a fut.ure COG agenda to give a presentation on grantfunding, district boundaries and other fire related efforts. It wasdecided that Chris Martin would be presenting in either October or Novemberwit.h Candie Leader coordinating for agenda purposes. 06-21-2023 Minutes ROLL CALL/INTRODUCTTONS Members announced themselves in attendance for the mi_nutes. APPROVAf. OE'!{AY MEETING MINUTES Jay McGowan inquired if members reviewed the minutes being presented forapproval. Geoff Scherer made a motion to approve the May meeting minutes as presented. Richard Hink seconded the moLion. Motion passed. CORRESPONDENCE - CITIZEN LETTER TO COG Jay McGowan introduced the next topic for discussion and stated t.hat the City of Cle El-um 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 unfamj-liar with what is goi-ng on. Nancy Shuda further inquired on how these issues were going to be addressed. Jay McGowan replied that the process is ongoing and w111 be before the Heari-ngs 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 comrnunication between County sLaff and the City of Cle Efum have been had as well. Nancy Shuda had further inquiries about the approval process and Jay McGowan went further in discussion regarding city process. ECONOMTC DE\|ELOPMENT REQI'ESTS Mark Cook recapped previous discussion surrounding the 2024 PubIic Facilities Funding for the Economic Development Groups. Mark Cook inquired if COG is interested in funding at histori-c numbers and if applications are necessary, and if not., then staff will- get agreement prepared for consj-deration. Jay McGowan agreed that funding at hi-storic numbers seemedreasonabl-e. Tom Uren made a motion to fund the Economic Development. Groups at historic funding levels and no applications were necessary for the 2O24 Funding cycre. Nancy shuda seconded said motion. Motion passed. UPDATE ON PT'BLIC FACITITIES DISTRICT Mark Cook provided an update on the prefeasibil-ity study for the formatlon of a Publ-ic 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 operatlons and maintenance of a facility is stil1 pending dj-scussions and he wj-Il be presenting an update to the Board of County Commissioners at the Publ-ic Works Study Session on Monday. Discussion was held on private funding, voting districts, and formal feasibility. 206-21-2023 Minutes RTGTONAL PI,ANNING UPDAIE Mark Cook stated that t-he Roard of County Commissioners did approve theResol-ution directing county staff to draft a proposal for a RegionalPlanning Model. Mark Cook continued he additionally had a meeting withHeidi Behrends Cerniwey from the City of Ellensburg on potential optionsand previously he had prepared a base financial- model with population beingt.he startlng point for the municipalities. Mark Cook added that next stepswoul-d be to define the structure and present to COG for further dj-scussionand direction. Rich Etliott commented that whife he did say that the Cityof Ellensburg was not interested in some of the services a cooperative model- could provide, t.his would not hinder the path forward for COG, ifthis was the agreed upon model-. Rich Elliott added that fire funding formitigation is needed and updating the bylaws should be fooked at as we]l-.Richard Hink inquired as to the connection between this path and the TIpStrategies project. Commissioner Cory V0rlght commented that morej-nformatlon is necessary before moving forward and there is a lo1 of workbeing delegated to county staff. Commissioner Cory Wright added that theexpectations need to be decided and a whiteboard meeting needs to be set toget on track. Discussion was held on county staff drafting a study sessiontemplate for use and the next COG meeting being onty a whiteboard meeting. KTETITAS COT'NTY CIIAI{BER OF COMMERCE UPDATES Amy McGuffin, Chief Executive Officer for Kittitas County Chamber of Cornmerce' recapped the update from last month's meeting and stated that shehas been worklng on the sunrmary of the ADO workplans t.hat is due to theState for review. Amy McGuffin continued that the addition of goalsidentified in the plan drafted in conjunction with Ttp Strategies wereadded for the State to review and monitor along with targeted interactionsand forecasts. Amy McGuffin then touched on the coflaboration that.continues with Margaret Reich and CenlerFuse with monthly meetings andtouched on other partnerships she is fostering. OTHER BUSINESS Commissioner Cory Wright stated that Senator Patti Murray addedfor $1.05 mi-Lllon for Kittcom into her bill to the Legisl-ature. a request Commissioner like to give Cory Wright commented a presentation to COG that Central Washington regarding a recent trip University would to fowa. Commissioner Cory Wri-ght requested that the Kittitas County Economic pl-an not be referred to as the TIP Strategies Plan any longer and if necessary,a presentation on the plan can be given by himself t.o the municipalitiesfor clarification. 306-21-2023 Minutes Meeting was concluded at 6:39 pm. Leader, KITTTTAS! COt NTy, WASHINGTON C c.{\ 406-21-2023 Minutes