HomeMy WebLinkAboutGrow Cedar Valley Professional Services Agreement - 6.22.2020FY2021 ECONOMIC DEVELOPMENT GRANT
PROFESSIONAL SERVICE AGREEMENT
WITH
GROW CEDAR VALLEY
This Agreement is entered into as of June, 22 , 2020, by and between Grow Cedar
Valley ("GCV"), and the City of Waterloo, Iowa ("City").
WHEREAS, the GCV provides technical and professional service to elevate the economic
vitality of our businesses and communities in the Cedar Valley and whereby GCV has and will continue
to engage in economic development activity to directly benefit the City of Waterloo; and
WHEREAS, in continuing conversations with City staff and officials, it has been mutually agreed
upon that the ongoing partnership between the City of Waterloo and GCV should continue for economic
development purposes into FY 21; and
WHEREAS, GCV and City have reached agreement on the precise terms and conditions under
which these services will be undertaken and the funding provided, and now desire to reduce their
agreement to writing.
NOW, THEREFORE, in consideration of the mutual covenants exchanged herein, the parties
agree as follows:
1. Recipient Status. GCV affirms that it is a private, non-profit corporation organized and
existing under Iowa law. GCV shall provide proof of tax-exempt status under the Internal Revenue
Service Revenue Code prior to receiving funding. GCV has also provided City with a copy of its mission
statement and a detailed summary from an officer or board member that specifies GCV's use of the
funds, consistent with the concept of "public purpose" as described in Iowa Code § 15A.1(2), (5) or
otherwise by addendum to this Agreement.
2. Recipient Documentation. Prior to receiving funding, GCV shall provide the following
documentation to City:
a. Proof of business entity status, including a copy of by-laws and articles of incorporation
if applicable;
b. Complete information on the source and amount of funding received from all other
sources, including but not limited to non -governmental agencies, membership dues and
fees, and private contributions;
c. Names and addresses of directors and /or officers;
d. Line item budget for current fiscal year;
e. List of any additional pending applications for funding to include funding source and
dollar amount requested.
3. Description of Project. In consideration for the funding provided to GCV by the City,
GCV shall represent and advocate for the interests of business, industry and institutions operating in the
City of Waterloo. Failure to abide by this requirement shall result in a return of funds pursuant to
Paragraph 9 of this Agreement. GCV agrees to undertake and complete in the Cedar Valley project (the
"Project"), to engage in the following economic development activities:
a. Business expansion and recruitment.
1. Execute business recruitment initiatives that will help Waterloo to
compete in the site selection process by highlighting location differentials
with an emphasis on Waterloo's robust infrastructure.
2. Execute initiatives relevant to the recruitment of the area's targeted industries:
information solutions, advanced manufacturing, renewable energy/biotechnology,
financial services, data centers, and logistics;
3. Continue to lead initiatives to promote tenants to the TechWorks Campus T1
Building and industrial outlets. Including representing the City -owned industrial and
4. Identit�ys parks.
Identity expansion and recruitment projects with the intent is to
encourage new developments;
5.
Prepare and be an advocate for funding businesses who wish to access state
incentive programs;
6. Maintain and provide economic data for the use of existing
businesses and site selectors considering the area.
b. Encouraging targeted business expansion in the Cedar Valley through providing
staff support. In addition, partnering with Advance Iowa and Institute for Decision
Making at the University of Northern Iowa; Center for Industrial Research and
Services and Iowa State University; and the Iowa Economic Development Authority
to retain and support existing businesses.
c. Industry Insights — Regional existing business surveying of primary businesses
focused on high value/high growth that are at risk or have opportunity to grow in
Waterloo.
d. Live the Valley- Workforce Recruitment and Development. GCV will execute
programming to recruit and retain talent in Waterloo including continued advocacy of
diversity and inclusion initiatives that will connect hiring businesses with the
workforce.
e. Government Relations -Advocate for the following:
1. Tax Reform: Corporate and personal income tax reductions, continue to
advocate for fair and equitable property tax system, maintain TIF as an
economic development tool, and support legislation that would allow
cities and counties to self -fund general obligation bond debt.
2. Workforce and Education: Education, recruitment and retention of
workers; support community attraction and quality of life programs as a
workforce attraction and retention tool, support funding to expand the Job
Training and Iowa Apprenticeship programs, increased funding for UNI and HCC,
continue to emphasize STEM skills, evaluate immigration & diversity
policies to increase the number of workers, and advocate for standards and
accountability in our pre-K-12 education system.
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3. Economic Development: Support current funding for IEDA incentives,
strengthen opportunities for entrepreneurs, and explore and establish
economic development programs that attract quality jobs and foster
innovation.
4. Infrastructure, Transportation, and Communications: Expand
Broadband/Connect Every Iowan program, explore new or alternative
methods for funding transportation infrastructure construction and repair,
explore a special state fund for sanitary system and water quality control,
and support the continuation of air service subsidies.
f. Improving the "Brand".
1. A continuing priority is to communicate a brand message that positions
Waterloo and the the Cedar Valley as an economy driven by technology
and innovation led businesses, as well as a superior Midwest quality of
life.
4. Funding. The City agrees to provide funding in an amount not in excess of $85,000 in order to
support implementation of the Project, upon Request for Payment as provided in Paragraph 7, and upon
receipt of the Accounting required in Paragraph 5, as follows:
a. An amount not to exceed $28,500 to be paid in two separate payments
of $14,250 each by December 31, 2020, and on or before June 30, 2021;
b. An amount not in excess of $56,500 in potential incentive funds, if
earned, as follows:
1) $1,000 per acre of new development in an area of Waterloo
officially designated by City during the term of this Agreement as
an urban renewal area, TIF district, or other area in which City is
willing by written contract to provide development incentives for
a specific transaction (each of such areas is a "Development
Area"), provided that each acre must contain 10,000 sq. ft. of
building structure on average, and/or
2) $1,000 per $250,000 of new taxable value added to a
Development Area, and/or
3) $2,500 per new and/or retained FTE jobs created in a
Development Area, provided the jobs have an hourly starting
wage of at least $15.94 for FY20, and/or
GCV will provide the following information in writing to the City
on a semiannual basis to show all efforts made to promote
Waterloo, including (a) companies solicited by GCV to locate in a
Development Area, (b) companies GCV contacted to expand
operations in a Development Area, and (c) inquiries received by
GCV from companies for marketing materials or about available
sites or buildings: number of initial calls, contacts, leads,
prospects, conferences attended to present marketing about
Waterloo, databases organized and/or posted on websites for
providing relevant information about Waterloo, other efforts made
to network, form relationships and/or subscribe to services, and
material responses to requests
4)
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for information. Based on the documentation submitted by GCV,
the City, at its sole discretion, can evaluate the semiannual
performance of GCV and may provide Semiannual Performance
Payments up to $10,000 to GCV, with a total maximum not to
exceed to $20,000.
Semiannual means the periods June through November 2020;
December 2020 through May 2021 both in writing and verbal, in
order to allow program evaluation and payment to occur on or
before June 30, 2021. The incentive portion only will be payable
the period beginning April 1, 2020 through March 31, 2021.
The incentive payments identified in Paragraph 4.b will be provided only if GCV can establish a causal
relationship between its activities and the economic development for which it proposes to be paid the
incentive funds. The incentive payments, if earned, shall be invoiced on or before April 15, 2021 and paid
by June 30, 2021, subject to Paragraph 7 below.
Actual expenditures may exceed the amount budgeted for each major line item provided such costs are
otherwise reasonable and allocable to the approved project scope of work. Total expenditures may not
exceed the total funding amount authorized in this Paragraph.
5. Documentation Regarding Accounting of Expenditure of City Funds. Grow Cedar Valley shall
provide the City with a detailed accounting of the expenditure of City funds and a written report outlining
the GCV's performance and accomplishments within the scope of work outlined in its application, upon
submitting Requests for Payment pursuant to Paragraph 7.
6. Salaries. A portion of the City's grant, as outlined in Paragraph 4, may provide funding for a
portion of the salaries and employee benefits. City payment of a portion of the program's salary and
benefit expenses shall not make the City responsible or liable for any employee. All employment -related
claims of any type or nature whatsoever that are made by a GCV employee or against a GCV employee
by others will be the sole responsibility of GCV.
7. Request for Payment. All requests for base payment or reimbursement shall be submitted by GCV
to City on a semi-annual basis, specifically, no later than December 1, 2020 and June 1, 2021. The
incentive portion only will be payable the period beginning April 1, 2020 through March 31, 2021. All
payments or reimbursements are contingent upon receipt of the documentation required in Paragraph 5
above, and upon receipt of the Report on Project Results required in Paragraph 8. City shall have a period
of up to thirty (30) days from date of receipt of each request for payment and all necessary documentation,
within which to make payment or reimbursement under the Agreement.
8. Report on Project Results. GCV agrees to provide the City with a written summary
documenting the results of the Project on a semi-annual basis, specifically no later than December
1, 2020 and June 1, 2021. Such report shall include without limitation:
a. Details of external marketing efforts, including, but not limited to: the number of initial
calls, contacts, leads, prospects and material responses to request for information;
b. The number of acres of new development in all Development Areas, grouped by
Development Area (each acre must contain 10,000 sq. ft. of building structure on average)
as applicable to GCV's project involvement;
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c.
The number of new FTE jobs created in all Development Areas, grouped by
Development Area (each FTE job must have an hourly starting wage of at least
$15.94) as applicable to GCV's project involvement.
9. Return of Funds. In the event GCV does not use funds for the intended purpose(s) or in the
event GCV does not comply with the reporting requirements of Paragraph 8 above, the funds or any
portion thereof shall be returned to the City prior to the end of the current fiscal year, which is June 30,
2021.
10. Time Limitation of Funding. The parties hereby acknowledge that the City is not committed or
obligated to provide funds beyond the terms and conditions of this Agreement, and that any future project
or program requires a separate request and is subject to City Council approval and execution of a separate
written agreement. However, this Agreement however does not prohibit GCV from requesting additional
financial support from the City for other activities associated with supporting the City of Waterloo.
11. Recipient Board. The GCV Board of Directors will be charged with planning for the
appropriate expenditure of City grant funds in accordance with this Agreement. The Mayor or his/her
designee will represent City on the Board.
12. Termination. Either party may terminate this Agreement at any time if:
a.
b.
c.
The other party materially breaches the terms of this Agreement; provided that the non -
breaching party shall have given the breaching party written notice of such breach and the
breaching party shall have failed to cure the same within (30) days after receipt of such
notice;
There is the loss or departure of key personnel that would jeopardize both the quality and
time of performance or would make performance impractical with respect to the budget
contemplated for this Agreement, and a mutually acceptable replacement cannot be
found; or
Performance of any part of this Agreement by a party is prevented or delayed due to a
factor beyond the reasonable control of the party and cannot be overcome by reasonable
diligence to the satisfaction of either party.
d. The party desiring termination delivers no less than 60 days' advance written notice of
termination to the other party.
In addition, the parties may terminate this Agreement at any time by mutual written consent or in the
event that all other government entities to which GCV provides services substantially similar to those
GCV provides to City choose to terminate any grant, funding or other agreement that provides incentive -
based funding to GCV. In the latter instance, the parties agree to enter into a new written agreement
providing for funding to GCV that is a flat payment -for -services arrangement, in an amount mutually
agreeable to the parties.
In the event of termination, immediate written notice shall be given by the authorized official of the party
requesting termination to the other party which should specify both the reason for and the effective date
of termination. Such notice shall be delivered by certified mail or in person to the authorized official of
the other party who executed this Agreement.
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13. Liability. GCV and City agree that each party shall be responsible for its acts or omissions
and the acts or omissions of its employees, officers, directors, agents or volunteers, to the extent allowed
by law. Nothing contained in this Agreement shall vary or modify in any manner any governmental
immunity which any party to this Agreement, or its officers, directors, employees, agents or volunteers,
may enjoy under any statute or rule of law, except to the extent provided in Iowa Code § 670.7, with
respect to the procurement of insurance, and then only to the extent stated in the insurance policy and
only as to those exceptions contained in Iowa Code § 670.4.
14. Legal Expenses. Grow Cedar Valley agrees that all legal expenses incurred by the City in
connection with the defense of any claim made or brought against the City that is directly related to
GCV's performance, or the performance of GCV's employees, officers, directors, agents or volunteers,
under this Agreement shall be the sole responsibility of GCV.
15. Terms of Agreement Control. The parties acknowledge that the provisions of this Agreement are
controlling and shall define the duties, responsibilities and conditions under which GCV's technical and
profesional services shall be completed. Any and all provisions of Exhibit "A", describing detail technical
and professional services, which is inconsistent with the provisions of this Agreement, shall be ineffective.
All persons who meet the eligibility requirements as defined in this Agreement shall be entitled to
participate, regardless of race, color, creed, religion, national origin, sex, age, disability, sexual orientation,
gender identity, or any other criteria which by applicable law constitutes unlawful discrimination.
16. Entire Agreement. This Agreement, together with the attached hereto as Exhibit "A",
to the extent not inconsistent with the terms hereof, constitutes the entire agreement between the parties
with respect to the subject matter hereof. There are no other oral or written promises or understandings
except as expressly provided herein. This Agreement may be amended only by a written agreement
signed by the parties hereto.
17. Term of Agreement. This Agreement covers the period from July 1, 2020 through and
including June 30, 2021.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized
representatives as of the date stated above.
GROW CEDAR VALLEY
vedt
By:
CITY OF WATERLOO, IOWA
By: Quentin Hart
Cary Darrah, CEO Quentin Hart, Mayor
Attest: Kelley �elchle�
Kelley Felchle, City Clerk
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Attachment "A"
1. Mission of Grow Cedar Valley
Mission: Elevate the economic vitality of our businesses and communities.
Vision: We will prioritize —
• Talent Development — Recruitment & Retention
Create Cedar Valley Employer Toolkit
- Reshoring Workforce
Reconnecting Workforce with Recovery
- Live The Valley (social and digital media platform to attract & retain workforce)
• Business Retention & Expansion
- Continue Supporting Existing Business through Growth and Retention
Continue to Provide Economic Data & Research
- Collaborate with our Partners in Economic Development: Cities, Regionally and State.
2. How long has the organization been in existence?
Grow Cedar Valley was rebranded in March 2019. Organizations within the Grow Cedar Valley have been
a part of the Cedar Valley economy for over 75 years.
3. Grow Cedar Valley staff members would directly utilize these funds.
Lisa Skubal, VP Economic Development
Aaron Jarnagin, Digital Marketing Specialist — Live The Valley & Placemaking
Will Frost, Director of Talent Development — Economic Inclusion
Aubree Taylor, Director of Marketing
5. Description of Program(s):
Economic Development:
❖ Business expansion and recruitment, specifically to:
o Execute initiatives relevant to the recruitment of the area's highest value targeted industries:
information solutions, advanced manufacturing, logistics and foreign direct investment;
o Create and maintain relationships with site selection consultants and influences through regular
engagement;
o Identify and manage expansion and recruitment projects with the intent to encourage new
developments that encourages new capital investment and quality jobs;
o Prepare and be an advocate for funding businesses who wish to access state incentive
programs;
o Execute an existing business program that will deliver real time information to economic
development officials;
o Partner with City's Economic Development Staff for existing business visits;
o Maintain the data portal for the use of existing businesses & site selectors considering the area.
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❖ Business expansion and recruitment, specifically to: (continued)
o Attend Select USA Trade Show that promotes foreign direct investment into the United States.
Representing Waterloo and Cedar Valley through pre -scheduled meetings and collaborating by
co -exhibit at the Iowa Economic Development Authority trade show booth. Show attracts
3,100 attendees from 79 international markets and 49 U.S. states and territories. June, 2021 in
Washington DC. GCV has every intention of attending barring possible restrictions with
COVID-19.
❖ Industry Insights describes our regional existing business surveying of primary businesses focused
on high value/high growth that are at risk or have opportunity to grow in Waterloo and the Cedar
Valley. Grow Cedar Valley will lead the creation of a survey report to help direct future local, regional
and organizational programming This coming fiscal year will contain a new set of questions related to
COVID19 recovery for to continue support and advocating on behalf of existing businesses.
❖ Advocate and support efforts to grow the entrepreneurial and innovation ecosystems in the Cedar
Valley through Start -Up weekend and other initiatives that support entrepreneur and innovation in the
City of Waterloo. Continue partnerships with Red Cedar, University of Northern Iowa, Cedar Valley
Techworks, Iowa Economic Development Authority and other groups.
❖ Execute the Live the Valley Campaign through electronic and social media to recruit and retain talent
in the City of Waterloo and the Cedar Valley Region. Execute on specific social media strategies and
other initiatives to continue to increase engagement.
❖ Promote Waterloo and Cedar Valley career opportunities through the Grow Cedar Valley's job
board, social media platforms, traditional media platforms outside the Cedar Valley.
•:•
Provide investors and industry partners with quantitative wages, benefit, and other workforce
demographics to assist with retention and expansion of the workforce including the maintenance of
recruitment content for employers' through the Live the Valley website.
❖ GCV's Economic Inclusion Partnership, composed of private sector employers, will continue to
provide support to existing Cedar Valley businesses on the best practices for diversity, inclusion and,
equity in the workplace. The Partnership also produces an annual Summit, presenting awards to
those businesses incorporating inclusion practices, creating an enhanced Inclusion website, and
continuously updating the toolkit.
❖ Create a comprehensive Employer Toolkit for Live the Valley to support companies with resources
to recruit and retain their workforce.
❖ Leverage relationships with UNI, HCC, Wartburg, and Allen College and other higher education
institutions to design and extend student retention efforts. Work with these institutions to track post
graduate retention.
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❖ Connect with IowaWorks and other data sources to identify what industries need what skills. Partner
with HCC to provide upskilling opportunities to meet those skills to reconnect displaced workforce
with our recovery efforts.
❖ In partnership with the Waterloo Community Schools, Hawkeye Community College, John Deere and,
TechWorks; help create a new apprenticeship program for High School students on the
TechWorks campus. As a resource to this apprenticeship program, help create a reshoring and
manufacturing process innovation lab at TechWorks to support the training and serve as a resource for
local stakeholders to investigate reshoring opportunities.
•:•
Continue to advance partnerships with other workforce initiatives such as Future Ready Iowa, The
Iowan Project, Home Base Cedar Valley, and others.
❖ Grow Cedar Valley collaborates with appropriate entities to remove employment barriers such as
access to childcare, transportation, and others.
❖ Grow Cedar Valley will continue to take a leadership position in providing upskilling/professional
development opportunities for African Americans to directly address issues highlighted in the 27/7
Wall St. article.
❖ Grow Cedar Valley will continue hosting networking events optimized for the African American
Community and other diversity groups. Cedar Valley employers will be invited to attend these
meetups to link talent with employment.
❖ Monthly talent workshops are also being planned to educate employers on how to connect with
various segments of potential workforce and help employees displaced by COVID-19 align their
skills with appropriate employment that is meaningful.
Government Affairs:
•:•
Advocacy for Cedar Valley legislative and regulatory priorities in Des Moines and Washington DC.
The priorities created and submitted by the Government Relations Committee to GCV's Board of
Directors and approved by GCV Board on 11/19/2019 and are:
• Talent Development, Attraction, and Education
o Promote smart and comprehensive investment to develop, attract and
retain world -class talent and workforce through full funding of the
Future Ready Iowa Initiative.
o Address barriers to entry for employees to reenter the workforce or
find employment such as availability of childcare and transportation
o Consider the multi -faceted nature of creating attractive places for
Iowans to work and live including providing tools for communities to
leverage local assets.
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• Talent Development, Attraction, and Education (continued)
o Support high -quality education at all levels from pre-school through
post -secondary education that prepares graduates with career ready
skills.
• Economic Development
o Ensure consistency in state and local policies that provide return on
investment for taxpayers.
o Maintain valuable existing, flexible economic development and
housing tax credits and incentive programs.
o Provide a climate for business growth through fiscal prudence across
all levels of government and a predictable regulatory environment.
• Transportation, Infrastructure and Connectivity
o Support long-term infrastructure planning and mindful allocation of
resources to fund these critical, capital -intensive projects reliably into the
future.
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