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HomeMy WebLinkAbout5.136D Original ContractAGREEMENT THIS AGREEMENT is entered into this j'd" day of i4a1 2005, 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 "Contractor WHEREAS, the City is a municipal corporation of the State of Washington authorized to contract for economic development services; and, WHEREAS, it is in the public interest for economic development activities to be performed that will enhance the economy and employment opportunities in the City of Port Angeles; and, WHEREAS, the City has need ofresearch and assistance in regards to these and other aspects of its operations; NOW, THEREFORE, in consideration of the above representations and the mutual covenants and agreements herein, it is agreed by the parties as follows: 1. PERFORMANCE BY THE CONTRACTOR. A. General Goals. The Contractor shall promote and enhance economic development and employment opportunities in the City in accordance with the mission and goals set forth in the attached Exhibit "A The Contractor shall use its resources to jointly market the facilities and capabilities of the City to new and existing businesses with the goals of increasing City revenues and general employment opportunities for City residents. 5. 13&o B. Business Retention. Exnansion and Recruitment. (1) The Contractor shall work cooperatively with the City and shall serve as an economic development research and reference service for the City. In this capacity the Contractor shall conduct ongoing basic market research; identify target markets; provide business retention, expansion and recruitment services aimed at existing businesses and target markets; and participate with the City in the process of responding to inquiries, site selection consultation, and case management, regarding existing or new industries or other commercial ventures which seek information concerning the facilities and resources managed by the City or which may involve properties and/or infrastructure within the City and the Port Angeles Urban Growth Area (UGA). (2) The Contractor shall, upon request, provide effective industrial marketing guidance to City staff and provide services in the development and execution of programs aimed at better planning, utilization, promotion, and advertisement of community services, facilities, infrastructure, and property. (3) The Contractor shall maintain and enhance working relations with existing businesses to assist them with start-up and expansion needs, technical assistance, access to business counseling and financing resources including aid and assistance to at -risk businesses. (4) The Contractor shall assist the City in preparing replies to inquires received by the City or the Contractor regarding City facilities and resources or which may involve properties and/or infrastructure within the Port Angeles Urban Growth Area (UGA) relative to economic development retention and growth opportunities. (5) The Contractor shall assist the City in applying for and administering economic development related grants, including any potential to support the development of infrastructure. (6) The Contractor shall maintain a community profile specific to the greater Port Angeles area, which highlights demographic and development data customarily of interest to industrial /commercial developers. (7) The Contractor shall work with the City in the maintenance and periodic update of the commercial and industrial property and infrastructure databases for the Port Angeles vicinity. (8) The Contractor shall work with the City to research, identify, and implement the addition of new development incentive programs or packages as may be applicable to Port Angeles economic development efforts. C. Prospect Management The Contractor will be primarily responsible for providing services in connection with industrial and business retention, expansion and/or relocation. The Contractor will represent the attributes for appropriate site locations within the City that meet the prospects criteria. In such dealings, the Contractor shall participate in the handling of prospects, in accordance with the following guidelines: (1) Contacts made directly to the Contractor or referred to Contractor bv_ DCTED. (3) (a) The Contractor will provide general information and other data requested by the prospect. Within 24 hours of being contacted regardinga prospect, the Contractor shall notify the City Manager, or his designee, by phone and/or e-mail, regarding details of the contact. (b) If the prospect indicates an interest in specific business locations, the Contractor shall notify other affected parties and property owners as appropriate, make appropriate introductions, and assist in follow -up marketing. (c) If the prospect requests confidentiality, the Contractor will keep the City Manager, or his designee, fully informed without revealing the identity of the prospect. (2) Contacts made directly to the City (a) When the City receives a direct contact or is managing a development prospect and desires support from the Contractor, it may request such assistance, and Contractor will render such assistance. The Contractor to supply recruitment information and services as described in 1A and 1B. Public Events. and Media Public events such as media conferences, ground breaking ceremonies, and ribbon cuttings will be coordinated with the City Manager or his designee, the siting jurisdiction, and other affected partners. D. The Contractor shall provide to the City and to such persons as the City may direct, free of additional charge, materials prepared by the Contractor. E. The Contractor shall maintain records and report to the City as follows: 5. BREACH. (1) The Contractor shall maintain accounts and records that accurately reflect the revenues and costs for the Contractor's activities under this Contract. These financial records, and all records related to the performance of this Contract, shall be available for City inspection. (2) The Contractor shall provide the City with monthly reports fully describing what work has been performed pursuant to this Contract, and including a current statement of revenues and costs. (3) The Contractor shall use its best efforts to economize on overhead expenses to the maximum extent feasible in providing the services to be performed pursuant to this Contract. (4) The Contractor shall provide the City with an annual budget, including current salaries and benefits for all employees and classifications of employees and shall notify the City within 30 days of any increases in salaries or benefits from the previous year. 2. PERFORMANCE BY THE CITY. A. For the "Core" services rendered by the Contractor, the City will provide, by payment in cash, the amount of $35,000 and, in -kind telephone service, in an amount not to exceed $2,500. B. Payment by the City shall be due upon receipt and acceptance by the City Manager of the Contractor's quarterly report. The Contractor will invoice the City for all quarterly payments. 3. TERM. This agreement shall be for a term of one year, commencing on January 1, 2005. 4. ASSIGNMENT. This agreement may not be assigned by either party to this agreement except by signed amendment. A. In the event of either party's material breach of the terms or conditions of this Contract, the non breaching party reserves the right to withhold payments or services until corrective action has been taken or completed. However, the party shall not exercise this right until they have given written notice of such material breach to the breaching party and ten days have passed since the receipt of such notice. This option is in addition to and not in lieu of the parties' right to terminate this Contract or any other right which State law offers for breach of contract. B. If either party shall materially breach any of the covenants undertaken herein or any of the duties imposed upon it by this Contract, such material breach shall entitle the other party to terminate this Contract, provided that the party desiring to terminate for such cause shall give the offending party at least twenty days' written notice, specifying the particulars wherein it is claimed that there has been a violation hereof, and if at the end of such time, the party notified has not removed the cause of complaint, or remedied the purported violation, then the termination of this Contract shall be deemed complete. 6. NON DISCRIMINATION. A. The Contractor shall conduct its business in a manner which assures fair, equal and non discriminatory treatment of all persons, without respect to race, creed or national origin, and, in particular: B. The Contractor shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity /affirmative action requirements; and, C. The Contractor shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non- discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran's status, disabled veteran condition, physical or mental handicap, or national origin. 7. DISPUTE RESOLUTION. The parties agree that any dispute related to this Agreement shall first be submitted to the City Manager and the Contractor's Executive Director, and they shall attempt to resolve that dispute. If the City Manager and Executive Director are not able to resolve that dispute, the dispute shall next be submitted to the City Council and to the Contractor's Board of Directors. Those entities shall attempt to resolve the dispute. If they are not able to resolve the dispute, the dispute shall be submitted to mediation. The parties shall agree on one mediator. If mediation is unable to resolve the dispute, then either party may take such legal action as they deem appropriate. The venue of any lawsuit related to this Agreement shall be in Clallam County, Washington. 8. INDEPENDENT CONTRACTOR STATUS. 9. HOLD HARMLESS AND INSURANCE. 10. ENTIRE CONTRACT. IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first herein above written. OF PORT ANGELES B y Mayor Richard A. Headrick ATTEST: The relation created by this Contract is that of independent contracting entities. The Contractor is not an employee of the City and is not entitled to the benefits provided by the City to its employees. The Contractor, as an independent contractor, has the authority to control and direct the performance of the details of the services to be provided. The Contractor shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax. The Contractor shall protect, defend, save harmless, and indemnify the City, its officers, agents, and employees from and against any and all claims, damages, losses, and expenses, including reasonable attorney's fees, occurring, arising, or resulting from supplying work, services, materials, or supplies in connection with the performance of this Contract. The Contractor shall provide a Certificate of Insurance evidencing occurrence -based Commercial General Liability insurance with limits of no less than $1,000,000 combined single limit per occurrence, with the City shown as a named additional insured. The parties agree that this Contract is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. Further, any modification of this Contract shall be in writing and signed by both parties. APPIROVED AS TO FO William E. Bloor, City Attorney CLALLAM COUNTY ECONOMIC DEVELOPMENT COUNCIL 6 Becky J. on, ity Cl rk Vice President G \Legal_ Backup \AGREEMENTS &CONTRACTS \EDC -2005 con wpd SammmMartin -EDC Strategic Plan 2003 2007 Update votes51104.doc CLALLAM COUNTY ECONOMIC DEVELOPMENT COUNCIL Strategic Pan 2003 -2007 Vision Statement A connected and interdependent community in business, government, education and healthcare to improve economic opportunities and enrich the life of each and every citizen. Mission Statement The mission of the Clallam County Economic Development Council is to be a catalyst for economic growth, to lead the collaborative process and diversify the economy while applying sound stewardship. This document is a working document, which may be added to and /or altered by the Board of Directors to address issues and opportunities that may arise during the 2003 -2007 period. Updated by Clallam County EDC Board of Directors on May 20. 2004 Page 1 &X H 61-r Sam Martin EDC Strategic Plan 2003 -2007 Update votes51104.doc CLALLAM COUNTY CONNECTED COMMUNITY PRINCIPLES Education Ensure that the region maintains a qualified workforce by developing a community that embraces change and has access to high quality life -long education. >Jobs Invest community resources in the creation of a diverse set of new job opportunities in sustainable industry sectors; raise the average wage in Clallam County. >Access Make sure one's zip code does not limit one's access to government services, business, healthcare or education opportunities, thus saving time and money and improving service availability and quality. Entrepreneurship Become a community of creative solutions where government, education and business recognize, appreciate and adopt an entrepreneurial spirit. Community Development Facilitate community projects and practices to promote collaborative behavior, connectivity and changed spending, investing and budgeting. s s s Supported by MARKETING AND COMMUNICATION PLAN Implement a tangible program to communicate the collaborative actions and resource sharing occurring in the comm encouraging citizens to adopt connected ways of think demonstrating the "Connected Economy" as enhancing c vision to maintain a desirable community in which to wo unity; i ng and c ur shared k and live. Page 21 kSam Martin -_EDC Strategic Plan 2003-2007-Update votes51104.doc w Page 3� rttrtgra Finance Strategy A for INDUSTRY CLUSTERS STRATEGIC PLAN ELEMENTS ECONOMIC DEVELOPMENT PROCESS ECONOMIC DEVELOPMENT SYSTEM Strategic Plan Key Indicators Clallam County Average Covered Wage Labor force: Total, Percentage of Population Clallam County Employment Businesses By Sector New Businesses By Sector Medicare /Medicaid Reimbursements at Olympic Medical Center K -12 Enrollments Peninsula College Enrollments Clallam County Retail Sales Sam Martin Edo Strategic Plan 2003 -2007 Update votes51104.doc Objectives, Strategies and Actions Strategies and Actions Sustain and support private business participation within the industry cluster teams 33 Promote and increase value in the cluster team collaborative process Recruit broader participation of industry cluster segment Target the local and regional building and construction industry as a industry cluster team Target transportation issues within a cluster team Educate community on the use and benefit of an industry cluster strategic approach 8 Promote and coordinate monthly "Industry Connection Events" Coordinate industry cluster opportunities thru events for public agencies and the community o Clallam County host regional economic development conference specific to industry clusters Continue to support a bimonthly "Business Column" Distribute industry cluster documents Celebrate the wins and successes of the cluster strategy Develop objective measures on the impact, sustainability and development of current and potential clusters Maintain a visual measurement tool Use key indicators to monitor the economic impact Connect local resources to the industries via Clallam networks 1 Coordinate mapping of industry clusters Provide access to industry mapping Facilitate connection of resources between clusters 2 1.Sam Martin EDC Strategic Plan 2003 -2007 Update votes51104.doc 4 Provide and develop leadership and support to industry cluster teams Board member co- chairs lead industry cluster teams All Board members participate on industry cluster teams 31 Increase leadership skills of cluster teams Identify funding for industry cluster teams Promote the retention and expansion (BRE) of our regional businesses within the industry clusters Integrate BRE principles into industry cluster strategy Connect CBI services to the industry cluster activities and initiatives 8 Advocate for industry competitiveness by addressing legislative issues Improve the competitiveness and promote innovation within the industry clusters Identify and recruit firms /organizations to fill gaps in industry 9 cluster supply chain Address the legislative issues impeding local business Facilitate industry research Connect innovation research and resources to industry clusters Provide market research training to industry cluster teams Sam Martin -EDC Strategic Plan 2003 -2007 Update votes51104.doc Page Strategies and Actions Support the Clallam Business Incubator (CBI) 27 Connect current business support resources to the organization Market the facility and services Pursue capital and operational funding Establish long term funding sources Provide support during startup of organization Direct prospects into the "Guided Access Process" Partner with resources to grow and retain existing businesses 2 Continue funding support for SBDC Strengthen relationships with state and national business support services Draw on private sector resources and capabilities 5 Educate the community on available business resources through the EDC 8 Restart bimonthly "Business Column" 2 Coordinate workshops and seminars Seek out public relations and advertising opportunities Employ business associations and groups to introduce and describe available resources and program 2 Coordinate and collaborate to provide financial education 2 Seek out and describe economic development and employment opportunities with tribes 7 Identify business resources to meet the needs of local businesses Participate in state wide associations Attend applicable conferences Create a resource library Sam Martin EDC Strategic Plan 2003 -2007 Update votes51104.doc Page 711 Create a "help" desk for community resources Engage youth in local economic development Partner with High School related classes and organizations Encourage entrepreneurial spirit in youth Create intern opportunities Use business expertise in mentoring youth Invite youth to businesses for orientation 10 5 1 Foster the dynamic relationship between business, workforce, and education Coordinate cross cluster activities and connections 19 Identify collaborative opportunities Coordinate with cluster teams to promote entrepreneurial training 6 $am Martin -EDC Strategic Plan 2003 2007- Update votes51104.doc Be an advocate for solutions for the removal of barriers that inhibit community growth Increase financial literacy Identify community-financing alternatives Explore the feasibility of an integrated Capital Finance structure 2 Continue the development of Olympic Peninsula Finance Advisory 6 Network Promote current alternative finance resources Use OPFAN to facilitate innovative finance opportunities 3 Link OPFAN lenders to portal Provide a broad spectrum of information and networking for various organizations to foster common thread that mirrors the EDC vision and mission 2 Board members communicate the Councils vision and mission to their respective organizations Identify opportunities to incorporate economic development component element in their plans Plans should address the demands for infrastructure such as roads, sewers, water, power, IT and housing 26 Ensure that our vision is an integral part of the GMA comprehensive plan Board members communicate the vision and mission to their organizations planning process Propose and coordinate the economic development section of the Strategies and Actions 3 Page 8 1 :$am Martin EDC Strategic Plan 2003 -2007 Update votes51104.doc Page 9;) comprehensive plans of the entire county Review regulations impacting economic development Make recommendations to agencies when appropriate Insure adequate supply of housing for low and moderate income households 7 18 Drive collaboration of strategic planning initiatives within the community Coordinate the review of agencies strategic plans Identify opportunities for collaboration Streamline permitting process and help with site selection 13 Promote joint marketing 1 Strengthen the relationship with the tribes Engage tribal governments in economic development initiatives Conduct out reach visits to tribal communities Promote the interdependency between business, government, education and health care Quantify the value of collaborative actions Utilize Board of Directors to identify interdependency opportunities Support the Transforming Healthcare Initiative 1 10 1 •Sam Martin EDC Strategic Plan 2003- 2007- Update votes51104.doc Page 10 11 Identify projects early in pipeline for funding Create implementation plan and budget Acquire and leverage resources to execute the strategic plan 2 Secure additional funding resources Create a list of people and agencies to assist in implementation of the plan Encourage Board members to advocate for the strategic plan Create and implement a fundraising strategy Create and implement a legislative strategy 5 Identify and secure project management needs Continue and sustain a knowledge management system Develop marketable components of the strategic plan Create working partnership with UW Business School 2 Partner with Peninsula College for project management training 6 Strategies and Actions 17 Develop a Board of Directors whose members are active participants that engage in meeting the Roles and Responsibilities of the EDC Board of Directors 65 Institute an evaluation mechanism to measure the boards effectiveness in achieving the strategic plan Track the Board members participation 5 Develop strategies to increase participation 5 Encourage Board members to be advocates for the strategic plan 1 Leverage the capacity of the PDA and other regional initiatives Participate in Olympic Regional economic partnerships 19 o OREP Marine Services o OCREP Telecom .5am Martin EDC Strategic Plan 2003 2007 Update votes51104.doc Page Identify and connect opportunities to further the strategic plan actions Increase private sector participation and investment Promote the value of Council membership Build partnerships in strategic planning initiative Institute an annual membership campaign 22 3 Sustain public investment and increase public sector participation 21 EDC Board serve as a central clearinghouse and forum for community issues and barriers to accomplish the plan 15 1) :dam Martin -EDC Strategic Plan 2003 -2007 _Update votes51104.doc Page 12;1 raise'focaland re <f Clalra Co a :G.i d ..„tom, .c r�`' A�..,"� arketing an Comm <un =ication Strateties and Actions Identify resources to implement elements of the plan Secure sponsors and funding Utilize cluster expertise Increase EDC linkages to media support 3 Link to Peninsula College events 15 Create a business /government host group of leaders who can escort and meet with visitors 21 Recruit potential businesses from outside the community to relocate Utilize cluster teams to identify targeted prospects Collaborate with tourism marketing campaign Conduct on -site company visitations Site hosting for retail developers in Sequim Participate in industry cluster related trade shows 10 Attend conferences specifically related to our business /cluster strengths 20 Be an exhibitor at ITEC 2004 in Seattle 7 Develop local economic tax break package Tighten political links 1 Lead a countywide effort to create a branding strategy Coordinate focus groups to gather input Locate and utilize existing branding information Identify and secure funding for implementation Use technology as a marketing tool Develop a web portal and collaboration center Develop flow chart for communication Develop a community video 3 2 .am Martin EDC Strategic Plan 2003 -2007 Update votes51104.doc Page 13 Provide electronic information Develop a communication strategy Integrate public relation and marketing Establish a communication committee Identify funding and sponsors to support implementation Leveraging the Board members to help implement the communications strategy