The URL can be used to link to this page

Home My WebLink About000938 Original Contract City of Port Angeles Record # 000938 CITY OF PORT ANGELES AND CLALLAM COUNTY ECONOMIC DEVELOPMENT COUNCIL THIS AGREEMENT is entered into this I b day of UA 0- , 2015, by and between the City of Port Angeles, Washington, a municipal corporation, hereinafter called "City", and the Clallam County Economic Development Council, Inc, a non-profit corporation, hereinafter called "EDC." WHEREAS, the City is authorized by state law to engage in economic development activities; and WHEREAS, EDC is a nonprofit corporation dedicated to economic development in Clallam County Washington; and WHEREAS, the City and the EDC find it desirable to enter into a new agreement on terms and conditions intended to assist the EDC to become more successful, NOW, THEREFORE, in consideration of the above representations and the mutual covenants and agreements herein, the parties agree as follows: 1. Term. This Agreement shall be effective on the Date of signature and terminate December 31, 2015, unless sooner terminated as provided in this Agreement. This Agreement shall not be extended or renewed for any duration beyond December 31, 2015. 2. Scope of Work. During the term of this Agreement, the EDC shall perform tasks and implement programs and services described in the annual work plan, which is attached as Exhibit A. It is the responsibility of the EDC to perform each service and task in a timely manner and to plan and manage each service and task. 3. Compensation. In consideration for the services and tasks to be performed by the EDC, the City shall compensate the EDC as follows: -Within 20 days after-this-Agreement is-fully-- approved and executed by both parties, the City shall pay to the EDC the amount of $15,000, which is total and complete compensation to the EDC for performance of this Agreement. o - 1 - The parties acknowledge that the EDC is transitioning to a funding model that relies on private enterprise. Therefore, the City expects financial support to the EDC will not be required after December 31, 2015. 4. Reporting. A. Record Keeping and Reporting. The EDC shall maintain records and report to the City as follows: 1) The EDC shall maintain accounts and records that accurately reflect the revenues and expenses for all services performed under this Agreement. The EDC shall follow Generally Accepted Accounting Principles for non-profit agencies in maintenance of its records. 2) The EDC shall provide the City with written reports quarterly, fully describing what work has been performed pursuant to this Agreement and its revenues and expenses for the quarter, and facts demonstrating how the EDC's efforts are accomplishing the goals of this Agreement. 3) Audits. As requested by the City, EDC will facilitate audits by the City of EDC's finances. The EDC will provide all financial information requested by City and comply with requirements of the Washington State Auditor for reporting, disbursements, and legal compliance. 4) The EDC's president, when requested, shall appear before the City Council to report on the EDC's activities and planned future activities pursuant to this agreement and to answer questions. 5) To the extent feasible, cooperate on joint efforts with other local entities such as the Chamber, PABA, PADA, Port, etc. 5. Insurance Requirements. The EDC shall procure and maintain for the duration of the Agreement, insurance ---against claims for injuries-to-persons or-damage-to property which may arise from or in connection with the performance of the work hereunder by the EDC, its agents, representatives, or employees. 2 - Minimum Scope of Insurance EDC shall obtain insurance of the types described below: • Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. • Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent EDC s and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. • Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Minimum Amounts of Insurance • EDC shall maintain the following insurance limits: • Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. • Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Other Insurance Provision • The EDC's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the EDC's insurance and shall not contribute with it. r t 3 - 6. General Terms. A. EDC shall keep records pertaining to this Agreement available for inspection by the City's representative for three (3) years after final payment. Copies at no charge shall be made available upon request by the City. B. Indemnification and Hold Harmless. 1) EDC shall indemnify, defend and hold harmless the City, its officers, agents, employees, and volunteers, from and against any and all claims, demands, damages, judgments, losses, liability and expense (including, attorney's fees), including but not limited to those for personal injury, death or property damage suffered or incurred by any person, by reason of or in the course of performing this Agreement which is or alleged to be caused by or may directly or indirectly arise out of any act or omission of EDC, its officers, employees, agents and volunteers. 2) The parties, by mutual negotiation, waive, as respects the other party, any immunity that would otherwise be available against such claims under industrial insurance provisions of Title 51 RCW. 7. Public Process Public money is being used to fund the activities performed pursuant to this Agreement. Recognizing that, the EDC shall allow public attendance at all meetings or portions of meetings at which the directors or other representatives of the EDC take action with regard to this agreement or to any action pursuant to this Agreement. 8. No Partnership. It is understood and agreed that nothing contained in this Agreement shall be considered as in any way constituting a partnership, joint venture, or any other mutual undertaking between the City and the EDC. Relationship of the EDC and the City will remain that of independent contracting parties. While performing services pursuant to this agreement, the EDC is not an agent of the City. EDC, and not the City, shall have the right to control the manner and means by which the work or services is accomplished. Consistent with this relationship, EDC staff and volunteers shall not be covered by any City benefit programs, and j shall not be treated as an employee for federal or state tax purposes or any other purpose. 9. Non-discrimination. EDC and its employees, agents and EDC s, if any, shall at all times E f - 4 - comply with any and all federal, state or local laws, ordinances, rules or regulations with respect to non-discrimination and equal employment opportunity, which may at any time be applicable to the City by law, contract or otherwise, including but not limited to all such requirements which may apply in connection with employment or the provision of services to the public. 10. Compliance with all applicable laws. EDC shall at all times in connection with performance of this Agreement, comply with any and all other applicable federal, state and local laws, rules, ordinances and regulations. 11. Modification. No modification of this Agreement shall be valid unless agreed to in writing and signed by the Parties. 12. Complete Understanding. This Agreement, together with the attachments, reflects the entire agreement of the parties relating to the subject matter thereof, supersedes all prior or contemporaneous oral or written Agreements, or any statements, representations or promises, and is intended frilly to integrate the Agreement between the parties with respect to the matters described in this Agreement. IN WITNESS WHEREOF, the City of Port Angeles and EDC have executed this Agreement. CITY OF PORT ANGELES CLALLAM COUNTY CONOMIC DEVELOPMENT CO IL r €d Ae Dan Di Guilio, Mayor Randy John esident Date ��_� � � Date r �� APPROVED BY PORT ANGELES CITY COUNCIL MOTION ON: zbI 5 ATTEST: APPR VED AS TO FO h( I - Jennifer Veneklasen, City Clerk William Bloor, City Attorney i i 5 - ECR_1 N i1 J XJ t f:... D j,.k+L L'LJ I` !+1.1 L.N 7 A CI f A I N PLAN YEAR s` E 1.S ,areas of Focus (Four areas of economic activity that can capitalize on our assets and advantages) • Marine Trades, • Natural Resources(Forestry, Fisheries,Agriculture), • Advanced Manufacturing, and • Tourism. Desired Clallam County Economic Conditions in 2018 • Jobs: Annual net gain of private sector jobs between the 2014 and 2020 census • Employment(ages of 25 to 60): 95%employable citizens will be either employed or looking for employment (up from the current 93%) • Median wages: Consumer Price Index plus 4% • Median household income: Consumer Price Index plus 4% BUSINESS RETENTION & EXPANSION • Support all business retention and expansion projects in Clallam County. • Promote the utilization of the established Small Business Development Center(SBDC) administered by WSU at the Port of Port Angeles office building. • Market the Federal and State incentive programs available to manufacturing and seed production businesses in Clallam County based upon the Economically Distressed Community Status. • Work with all partners and local commercial real estate professionals to provide inventory information on properties for sale or for lease and have available for new and expanding businesses. • Profile local businesses at the quarterly Economic Development Council Board meetings. • Provide existing business assistance and coordinating with the SBDC, Port, City and Chamber Support "Buy Local" initiatives/import substitution when economically feasible. 8RE Goals & Outcomes Goal #1 - Make at least 60 Business Retention visits in 2015 with companies in Clallam County. Outcome - Complete a minimum of 60 BRE visits. Report back to our Public partners the number of business owners who appear to have taken advantage of the incentive plans or special low-cost financing currently available.Create from the BRE-visit - - forms a report to the partners general information about the visits. Document a net gain in jobs at existing businesses. Goal #2 - Continue to promote using advice from the Small Business Development Center(SBDC) now located in Port Angeles. 1 Outcome — Refer a minimum of 10 clients to the SBDC for advising. Goal #3 - Continue to provide administration services to our SCORE counselors who will continue to advise entrepreneurs and potential start-ups in Clallam County. Outcome —Schedule and support a minimum of 25 SCORE appointments. BUSINESS RECRUITMENT, MARKETING &. ADVERTISING • Market Clallam County to potential businesses considering a move or an expansion • Coordinate with the County's economic development partners to ensure maximum exposure of opportunities and marketing of our assets as efficiently as possible; • Utilize Washington State Department of Commerce's business recruitment division to obtain business leads appropriate for Clallam County; • Implement online marketing activities: Business Recruitment, Marketing & Advertising Gods & Outcomes Goal #1—Respond to all logical new employer prospects for the County found on the regularly- updated "Hot List" from the Department of Commerce. Make suitable proposals,through engaging and coordinating with other County parties and partners.At the same time, independent of Commerce, aggressively pursue and conduct interviews with companies outside the County who appear to be logical prospects to move all or parts of their corporate operations to the County. Outcome—Have at least 15 outside companies considering a move to Clallam County by year- end and have 3 commit to locating here or demonstrate they are in the process of coming here resulting in no less than 50 jobs. Goal #2 —Continue to support the attraction of a major air carrier to Fairchild Airport.The presence of an airline providing regular and connecting flights to SeaTac will be embraced both by the local populace and by companies considering relocation here. Outcome - A new carrier in place offering daily connecting flights to SeaTac from Fairchild. Goal #3 Pursue significant projects that will enhance good economic health for the County. We hope to influence major hospitality companies to consider a new destination hotel in the Port Angeles area—built in-conjunction with a conference center that would ensure usage throughout the entire year. Outcome - A new first-class hotel project underway. 2 Goal #4 - Launch a CCEDC website page that offers a centralized source of solutions providing a complete toolset for potential new businesses including: • Links to the SBDC site, Port BD site, Peninsula College Workforce Training Programs and the Entrepreneur Institute, City and County Permitting, Local Trade Organizations, Chambers, OPVB and local lenders. • Videos to showcase county programs, assets and properties. • Market unique and/or requested properties of available private and public properties on the CCEDC website; Outcome—A launched CCEDC website page that offers a centralized source of solution providing a complete toolset for potential new businesses including at least 4 new videos, and at least 10 available properties. ECONOMIC DEVELOPMENT ADVOCACY & COORDINATION • Develop a proactive profile by communicating economic development efforts and economic development success stories and engage with the press when appropriate to market any success stories; • Work with the county's Chambers of Commerce to advocate for the adoption of sound public policies that will lead to long-term sustainable economic development in our region; • Participate in County and City's updates of their comprehensive plans. Make sure plans support proactive economic development policies; • Participate in the NODC; • At least once per year(or more as required by contract) provide handouts or speak at each of the Chambers,the City Councils, Local Tribal Councils, PUD, Port, NPBA and PABA meetings to market EDC successes and request mutual advocacy support and partnership; Goal #1 - Effectively communicate on economic development efforts and business advocacy needs for Clallam County. Advocate private sector employers interests with public funding partners. Outcome — Provide a year-end annual report with measurable results on communication, coordination and advocacy efforts. Goal #2 - Jobs: Net gain of private sector jobs. Outcome - Measure annually the net loss or gain of private sector jobs to ensure that the objective above is being met. Goal #3—To increase the number of citizens between the ages of 25-60 to either employed or looking for_employment.__ Outcome—Measure annually the number of citizens employed or looking for employment in Clallam County. 3