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HomeMy WebLinkAboutGrow Cedar Valley - FY23 Professional Services Agreement - 6.20.2022FY2023 ECONOMIC DEVELOPMENT PROFESSIONAL SERVICES AGREEMENT WITH GROW CEDAR VALLEY This Agreement is entered as of June 20 Valley ("GCV"), and the City of Waterloo, Iowa ("City"). , 2022, by and between the Grow Cedar WHEREAS, the GCV has proposed to be the City's business partner. GCV is the leader in bringing business and community together to grow opportunities reducing obstacles to business growth through collaboration and advocacy for business attraction, retention, and expansion. Whereby GCV will engage in economic development activities directly benefiting the City of Waterloo; and WHEREAS, through the adoption of the FY2023 budget, the City Council of City has agreed in principle to provide certain funding for said project on certain terms and conditions, including execution of a formal agreement outlining the duties and responsibilities of the GCV and the City; and WHEREAS, GCV and City have reached agreement on the terms and conditions under which the project 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 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, retention and recruitment. 1. Execute Marketing (Domestic and Foreign Direct Investment) that will help Waterloo to compete in the site selection process by highlighting location differential; 2. Support initiatives of the TechWorks and promote Campus T 1 Building and industrial outlets for new tenants; 3. Identify and manage expansion and recruitment projects with the intent to encourage new developments that increase wages; 4. Prepare and be an advocate for funding businesses who wish to access state incentive programs; 5. Maintain and provide data for the use of existing businesses and site selectors considering the area; 6. Identify and meet with Waterloo existing businesses on an ongoing basis and including but not limited to assistance with site selection, incentive assistance, data support, workforce assistance, and advocacy; 7. Input data from existing business formal synchronist interviews. In aggregate prepare a Cedar Valley existing business report based on the interviews annually for purposes of identifying trends and needs by businesses. This will help both the City and GCV adjust programming and advocacy; 8. Respond and be pro -active to assist an existing business, their employees, Iowa Works with major layoffs or closings as needed. b. Encouraging targeted business expansion/retention in Waterloo by partnering with the University of Northern Iowa, CIRAS at Iowa State University, Hawkeye Community College, Waterloo Career Center, Iowa Workforce Development, and the State of Iowa. c. Innovation 1. Support and Execute initiatives to support innovation for Small and Medium Size Manufacturers in the Cedar Valley along with UNI, CIRAS and Hawkeye Community College and other partners. d. Live the Valley- Workforce Recruitment and Retention. Through print, digital and social media, GCV will promote Living and Working in the City of Waterloo by collaborating with the City and other entities to promote and share content on the City of Waterloo showcasing the quality of life, people and businesses. d. Economic Inclusion Partnership - as an entity of Grow Cedar Valley, GCV provides staffing encourage diversity and inclusion in the workplace. 1. Sponsor the Annual Fall Economic Inclusion Summit in collaboration with the University of Northern Iowa and other private and public sector entities. 2. Continue to provide support to existing Cedar Valley businesses on the best practices for diversity, inclusion and, equity in the workplace. 2 legislative and regulatory priorities in Des Moines and Washington DC. The e. Government Affairs -Advocate for the following: Advocacy for Cedar Valley priorities which will be submitted to the Government Relations Committee and the Board of Directors (therefore may be changed). 1. Favorable policies and additional funding for broadband priorities outlined through the Empower Rural Iowa Initiative. 2. The Invest in Iowa initiative that that triggers Iowa's Water and Land Legacy (IWILL) to include resources for regionally transformative quality of life projects and addresses tax disparities that impact our overall tax climate. 3. Funding for programs and consideration of new resources that promote "placemaking" including quality of life and the arts. 4. Supporting education at all levels from pre-school through post -high school options. 5. Additional general fund appropriations for the University of Northern Iowa and level funding for UNI Business and Community Services. 6. Fully funding Future Ready Iowa that supports Hawkeye Community College and Cedar Valley K-12 schools initiatives. 7. Addressing barriers to employment such as access and affordability of child-care or student debt repayment. 8. Developing and supporting incentives with proven return in targeted industries. 9. Removal of the sunset for both the brownfield & gray fields programs. f. Waterloo Regional Airport Task Force - provide staffing support to this volunteer group of Cedar Valley businesses who support the Airport Director, Airport Board, Mayor and the City with retention and expansion of air services. g. Improving the "Brand". 1. A continuing priority is to communicate a brand message that positions Waterloo and the Cedar Valley as an economy driven by technology and innovation led businesses, as well as a superior Midwest quality of life through print, digital and social media platforms. 2. The Mayor or designate will have an opportunity at the podium to provide City updates quarterly at Good Morning Cedar Valley events. Event attendance averages 200+/-. 4. Funding. The City agrees to provide funding in an amount of $116,000 to support implementation of the Project, upon Request for Payment as provided in this agreement, and upon receipt of the Accounting required in this agreement, as follows: a) An amount not to exceed $30,625 to be paid in two separate payments of $15,312.50 each by December 31, 2022 and on or before June 30, 2023; and b) An amount not more than $58,625 in potential incentive funds, if earned as follows: $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, provided that each acre must contain 10,000/sf of building structure on average, and/or 3 $1,000 per $250,000 of new taxable value added to a development area, and/or $2,500 per new and/or retained FTE job created in a development area, provided the jobs have an hourly starting wage of at least 100% of the average regional wage as determined by the Iowa Economic Development (IEDA) or 100% of average regional wage as identified in a High Quality Jobs Approved Application for Assistance from IEDA, and/or c) GCV will provide the following information in writing to the City on a semiannual basis to show all efforts made to promote Waterloo, broken down into categories for (a) companies solicited by GCV to late in development area (b) companies GCV contacted to expand operations in development area, and (c) inquires received by GCV from companies for marketing materials or availability 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 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 payment up to $11,062.50 to GCV, with a total maximum not to exceed to $22,125. Semiannual means the periods June through November 2022; December through May 2023 to allow program evaluation and payment to occur on or before June 30, 2023. C) Documentation Regarding Accounting of Expenditure of City Funds. The GCV 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 this agreement. D) 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. B) Request for Payment. All requests for payment or reimbursement shall be submitted by GCV to City on a semi-annual basis, specifically, no later than December 1, 2022, and June 1, 2023. All payments or reimbursements are contingent upon receipt of the documentation required in this agreement above, and upon receipt of the Report on Project Results required in this agreement. 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. F) 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, 2022, and June 1, 2023. 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. Number of existing business calls and assistance provided to existing Waterloo companies; 4 c. Statistics related on Live The Valley and Job Board that promotes the City of Waterloo and supports existing Waterloo businesses. d. Update on execution of initiatives as identified under Economic Inclusion Partnership and related workforce programming and collaboration that benefits the City of Waterloo; e. Update on initiatives done by the Waterloo Airport Task Force Committee under Grow Cedar Valley; f. Update on government relations as it pertains to the City of Waterloo and Waterloo businesses. G) 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, 2023. H) 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 does not prohibit GCV from requesting additional financial support from the City for other activities associated with the Project in the Cedar Valley. I) 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. The Mayor will also represent the City on GCV's Executive Committee. J) Termination. Either party may terminate this Agreement at any time if: a. 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; b. 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 c. 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 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 5 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. K) 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. L) Legal Expenses. GCV 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 the GCV. M) 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 the Project shall be completed. All persons who meet the eligibility requirements as defined in this Agreement shall be entitled to participate in the Project, 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. N) Entire Agreement. This Agreement 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. 0) Term of Agreement. This Agreement covers the period from July 1, 2022 through and including June 30, 2023. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date stated above. GROW CEDAR VALLEY By: CITY OF WATERLOO, IOWA Querdo 9Crf By: Cary Darrah, CEO Quentin Hart, Mayor Attest: Fefchfe Kelley Felchle, City Clerk 6