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HomeMy WebLinkAboutBOCC Agenda Staff Report BCS Agreement - Oct 20 2026 - jfKITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS 2026 AGENDA STAFF REPORT AGENDA DATE: October 20, 2026 ACTION REQUESTED: Request to Approve a Resolution to Authorize the Chairman’s Signature on the Services Agreement with CWU Business & Community Services (BCS) and Approving the use of Distressed County Sales and Use Tax for the same. BACKGROUND: Central Washington University (CWU) Business & Community Services (BCS) has offered to support the new Kittitas County Economic Development Partnership (KCEDP) successful launch through a comprehensive first-year project focused on developing effective measurable key performance indicators for future economic development. Project steps include a pre-launch workshop to align goals, reporting, and accountability with Conference of Government (COG) members and economic development organizations. Additionally, BCS will complete a review of comparable high- achieving economic development organizations statewide while also comparing local resources and processes. Findings will inform recommendations and a second-year plan for COG review, focused on living-wage job creation and growth. CWU support of the effective launch of the KCEDP will provide support with progress reports and recommendations to COG. The contract timeline is October 1, 2026, through September 30, 2027, for an amount not to exceed $35,000. COG has previously recommended approval of this project. The Prosecuting Attorney’s office has reviewed and approved this contract for execution. INTERACTION: Kittitas County Prosecuting Attorney’s Office; Central Washington University; Conference of Governments RECOMMENDATION: Approve the resolution authorizing the Chairman’s signature on the Services Agreement with CWU BCS and approving the use of Distressed County Sales and Use Tax for the same. HANDLING: Original - Clerk of the Board Copy - Public Works Copy - CWU ATTACHMENTS: CWU Services Agreement, including Attachment A - Statement of Work and Attachment B - Budget. LEAD STAFF: Josh Fredrickson, Director of Public Works BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2026 -_____ RESOLUTION TO AUTHROIZE CHAIRMAN’S SIGNATURE ON THE SERVICES AGREEMENT WITH CENTRAL WASHINGTON UNIVERSITY BUSINESS AND COMMUNITY SERVICES AND APPROVING THE USE OF DISTRESSED COUNTY SALES AND USE TAX FOR THE SAME 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 Conference of Governments (COG), met on August 19, 2026, to consider the scope of work and services by Central Washington University Business and Community Services in support of the Kittitas County Economic Development Partnership (KCEDP); and WHEREAS: COG has recommended approval of the project and support of an amount not to exceed $35,000 of Distressed County Sales and Use Tax; and WHEREAS: The project will develop effective measurable key performance indicators for future economic development supporting the successful launch of the KCEDP. NOW, THEREFORE BE IT RESOLVED: that the Board of County Commissioners, in the best interest of the public, does hereby accept the Conference of Government’s recommendation by authorizing the Chairman’s signature on the Services Agreement with CWU Business & Community Services; and NOW, BE IT FURTHER RESOLVED: 2026 Distressed County Sales and Use Tax for project in Rural Counties is authorized in accordance with RCW 82.14.370. DATED this 20th day of October 2026, at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON ________________________________ Brett Wachsmith, Chairman Attest: ☐ Clerk of the Board- Julie Kjorsvik ________________________________ Laura Osiadacz, Vice-Chairman ☐ Deputy Clerk of the Board- Mandy Buchholz _______________________________ ________________________________ Jeff Leichleiter, Commissioner 1 SERVICES AGREEMENT BETWEEN CENTRAL WASHINGTON UNIVERSITY AND KITTITAS COUNTY THIS AGREEMENT is made and entered into by and between Central Washington University (“CWU"), located at 400 E. University Way, Ellensburg, WA 98926 and Kittitas County through its Public Works department ("Client”), located at 411 North Ruby Street, Suite 1, Ellensburg, WA 98926 THE PURPOSE OF THIS AGREEMENT IS for CWU to provide professional services in partnership with the newly established Kittitas County Executive Director of Economic Development (ED) to maximize their effectiveness in the first year, toward strategic economic development and living wage job creation/sustainment, consistent with the University’s instructional, scholarship, public service, and research objectives, and consistent with its status as a non-profit, tax-exempt, educational institution. THEREFORE, THE PARTIES MUTUALLY AGREE TO THE FOLLOWING: STATEMENT OF WORK CWU shall furnish the necessary personnel, equipment, material and/or service(s) necessary for the performance of the work set forth in Attachment "A", Statement of Work attached hereto and incorporated herein. Client agrees that no other consultants or advisors will be involved in this work, that other duties assigned to ED will not take priority over activities under this agreement, that assets and resources under the control or influence of Client will be appropriately dedicated to this work in a manner that ensures timely and effective completion of deliverables. Client further agrees to schedule and hold ad-hoc meetings when and if necessary toward the success of the project. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on October 1, 2026 and be completed on September 30, 2027, unless modified or sooner terminated as provided herein. PAYMENT The project costs under this Agreement will not exceed $35,000 as described in the budget, Attachment “B” attached hereto. BILLING PROCEDURE CWU shall invoice Client monthly. The total compensation under this Agreement shall be paid in twelve (12) equal monthly installments of $2,916.67 per month, for a total contract value of $35,000. Upon expiration of this Agreement, any claim for payment not already made shall be submitted 2 within 60 days after the expiration date. Payment will be made by Client within 30 days of receipt of each properly completed invoice. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. RIGHTS IN DATA Unless otherwise provided, data, information, and materials which originate from activities conducted under this Agreement by CWU (“Data”) shall be owned by CWU. As used herein, Data means all information in any format that includes, but is not limited to, data, reports, methods, documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. CWU's ownership rights include all associated intellectual property rights, including the rights to copyright, patent, register, publish, reproduce, modify, distribute, display, license, assign, transfer, and otherwise use the Data, in whole or in part, in perpetuity. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. INDEMNIFICATION Each party to this Agreement shall be responsible for its own acts or omissions and for those of its directors or trustees, officers, employees, and agents. Neither party shall be responsible to the other party for the acts or omissions of persons or entities not a party to this Agreement. INSURANCE CWU, an agency of the State of Washington, warrants that it is self-insured against liability claims in accordance with the risk management and tort claims statutes, including chapter 4.92 RCW and RCW 43.19.760 et seq. The tort claims procedure, RCW 4.92.100 et seq., provides 3 the fundamental remedy for all tort liability claims against CWU and its officers, employees, and agents acting as such, and all such claims must be filed and processed as provided therein. A certificate of insurance will be provided to Client upon request, however, CWU shall not be required to name the Client as an additional insured on such certificate of insurance. AGREEMENT CHANGES, MODIFICATIONS AND AMENDMENTS This Agreement may be changed, modified, or amended only by written agreement executed by both parties’ authorized officials. TERMINATION Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. FORCE MAJEURE Notwithstanding any other provision of this Agreement, either party may cancel this Agreement without obligation or liability to the other party in the event that it becomes impossible or impracticable for that party to perform its obligations hereunder by reason of force majeure beyond that party’s reasonable control, including but not limited to fire, flood, earthquake, pandemic, or other acts of God, war, invasion, hostilities, rebellion, insurrection, or prohibitory or injunctive orders of any competent judicial or other governmental authority, civil or military. In the event of such cancellation, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of cancelation. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. GOVERNING LAW; VENUE This Agreement shall be governed by the laws of the State of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. 4 In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Statement of work; and c. Any other provisions of the Agreement, including materials incorporated by reference. Venue for any dispute under this Agreement shall be in Kittitas County, Washington. NON-DISCRIMINATION During the term of this Agreement, Client, including any subcontractor, must not discriminate on the basis of age, sex, marital status, sexual orientation, gender identity, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, the presence of any sensory, mental, or physical disability, the use of a trained dog guide or service animal by a person with a disability, genetic information, or any protected status, in compliance with applicable state and federal law, including RCW 49.60.530. In addition, Client, including any subcontractor, must give written notice of this nondiscrimination requirement to any labor organizations with which Client, or subcontractor, has a collective bargaining or other agreement. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. DISALLOWED COSTS Each party is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 5 CONTRACT MANAGEMENT The program manager for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Program Manager for Central Washington University: Rob Ogburn, Executive Director Business & Community Services, 509-963-1063, Rob.Ogburn@cwu.edu. The Program Manager for Client: Josh Fredrickson, Director, 509-962-7523, josh.fredrickson@co.kittitas.wa.us. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No previous communications between the parties, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to bind any of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) set forth below. CENTRAL WASHINGTON UNIVERSITY KITTITAS COUNTY Signature Date Signature Date Printed Name Printed Name Title Title 6 ATTACHMENT A STATEMENT OF WORK Stage 0: Pre-launch workshop and preparation: Council of Governments (CoG), Economic Development (ED), Business & Community Services (BCS) – Month 1 • Gain agreement and alignment on pathway • Develop Year 1 metrics and reporting cadence for completion of Stages 1, 2, 3 – may include: o Progress to plan (monthly) and on-time completion of activities for Stage 1 – External Sensing o Progress to plan (monthly) and on-time completion of activities for Stage 2 – Internal Ecosystem Process / Capabilities Mapping o Timely and effective completion of deliverables in each stage. • Further definition and documentation of reporting structures, resource commitments, expectations and accountability mechanisms for matrix reports to ED. • Additional workshop output: Identification of metrics for parallel activities (implementation and reporting of these activities is outside of the scope of this agreement) – may include but is not limited to: o ED CEDS “road trip” – for roll out and awareness of completed and approved US EDA CEDS o ED (with support of KCEDP as directed by ED) identification and prioritization of potential federal grants toward infrastructure and programs to support living wage job creation Stage 1: External sensing analysis and competitive landscape – Months 2 – 6 • Concept: BCS and ED to co-develop information gathering mechanism for evaluation of similar organizations and roles across WA, ID, OR. Identify and discover key elements of success including self-funding mechanisms, work processes across county organizations, funding opportunities and capture processes, industry engagement practices • Output: Evaluate and document relative success of various similar Economic Development “Executive Director” organizational models as one component of Stage 3 report outlining recommendations to Kittitas County CoG as go-forward plan for Kittitas County strategy • Deliverables: o Milestone project plan for activity tracking and communication of progress / adaptations o Interim activity report (1 – 2 pages) to CoG on Stage 1 findings at end of Month 4 and 6 Stage 2: Internal ecosystem process / capabilities mapping – Months 4-10 • Concept: BCS and ED to co-develop information gathering mechanism to map economic growth-related critical path processes across relevant Kittitas County governments, non- 7 profit organizations - identify gaps, constraints, or misalignment with needs of effective economic development activities, especially where new information and opportunities emerge through activities such as in Stage 1, and suggest next steps within / across entities • Output: Strategic Gap Analysis - Evaluate and document current state Kittitas County assets, resources and processes critical to strategic economic development opportunity capture, especially focusing on living wage job creation and growth. Identify and document gaps for communication across CoG, City and County leaders toward next steps and shared actions across governments and non-profit entities to remediate gaps. Follow-on action plans to be determined collaboratively. • Deliverables: o Interim activity report (1 – 2 pages) to CoG on Stage 1/ Stage 2 findings – Month 7 and 11 o Milestone project plan for activity tracking and communication of progress / discoveries and adaptations to plan o Help needed request(s) where necessary to gain / retain project momentum Stage 3: Consolidation, reporting, collaborative development of Year 2 plan concepts - Month 11 – 12 • Concept: Summarize external and internal context current state and optimal state for leadership decision-making toward strategic success in creating living wage jobs through the Executive Director activities and alignment of resources across County, Cities / Towns, non-profit entities. • Output: Identification of optimal Executive Director of Economic Development organizational structures and activities, identification of Kittitas County asset / resource / process gaps, suggested next steps • Deliverables: o Presentation and Report of approximately 10 pages plus exhibits / addenda outlining findings of internal and external analyses o Establish next steps for ED based on CoG feedback to Summary Report o Develop and present Year 2 activities and key metrics for CoG review / approval 8 ATTACHMENT B BUDGET