HomeMy WebLinkAboutGreater Cedar Valley Alliance - FY17 Economic Dev Agmnt-9/6/2016FY2017 ECONOMIC DEVELOPMENT GRANT
AGREEMENT TO SUPPORT "FULFILLING THE VISION" CAMPAIGN
FOR ECONOMIC VITALITY
OF
THE GREAT CEDAR VALLEY ALLIANCE
This Agreement is entered into as ofnti -,/ , 2016, by and between the Greater
Cedar Valley Alliance & Chamber ("GCVAC"), and the City of Waterloo, Iowa ("City").
WHEREAS, the GCVAC has proposed to provide projects to increase the economic vitality and
wealth by leading collaborative economic and community development in the Cedar Valley and whereby
the Alliance will engage in economic development activities to directly benefit the City of Waterloo; and
WHEREAS, the "Fulfilling the Vision" Campaign for Economic Vitality is explained in
GCVAC's application filed with the City, a copy of which is attached hereto, marked Exhibit "A", and
by this reference made a part hereof; and
WHEREAS, through the adoption of the FY2016 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 GCVAC and the City; and
WHEREAS, GCVAC and City have reached agreement on the precise 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. GCVAC affirms that it is a private, non-profit corporation organized and
existing under Iowa law. GCVAC shall provide proof of tax-exempt status under the Internal Revenue
Service Revenue Code prior to receiving funding. GCVAC has also provided City with a copy of its
mission statement and a detailed summary from an officer or board member that specifies GCVAC'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, GCVAC 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 GCVAC by the City,
GCVAC 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. GCVAC 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 the Business Recruitment Marketing Plan that will help Waterloo
to compete in the site selection process by highlighting location
differentials with an emphasis on broadband capabilities.
2. Execute initiatives relevant to the recruitment of the area's targeted industries:
information solutions, advanced manufacturing, renewable energy/biotechnology,
financial services, data centers, 3D printing and logistics;
3. Continue to lead initiatives to promote large blocks of office space including the
OCWEN building in the City of Waterloo. Further initiatives will promote
tenants to the TechWorks Campus TI Building and industrial outlets.
4. Identify and manage expansion and recruitment projects with the intent is to
encourage new developments that increase wages by 120% of the region average
(20.15/hr.);
5. Prepare and be an advocate for funding businesses who wish to access state
incentive programs;
6. Maintain and provide 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 to support the Cedar Valley Manufacturing Network. In addition, partnering
with Advance Iowa, an economic gardening program, which UNI manages to grow
existing privately held for-profit companies that have 10-100 employees and $1M -
$50M in revenue.
c. Best of Cedar Valley — Regional existing business surveying of primary businesses
focused on high value/high growth that are at risk or have opportunity to grow in
Cedar Falls and the Cedar Valley.
d. Live the Valley- Workforce Recruitment and Development. Through its
Workforce Guidance Plan, the GCVAC will execute programming to recruit and
retain talent in the Cedar Valley.
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,
continue to emphasize STEM skills, evaluate immigration 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
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 on December 31, 2016, and on or before June 30, 2017; and
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 FY 17, and/or
4) GCVAC 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 GCVAC to locate in a Development Area, (b) companies
GCVAC contacted to expand operations in a Development Area,
and (c) inquiries received by GCVAC 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
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for information. Based on the documentation submitted by
GCVAC, the City, at its sole discretion, can evaluate the quarterly
performance of GCVAC and may provide Quarterly Performance
Payments up to $5,000 to GCVAC, with a total maximum not to
exceed to $20,000.
Quarterly means the periods June through August 2016;
September through November 2016; December 2016 through
February 2017; and March through May 2017, in order to allow
program evaluation and payment to occur on or before June 30,
2017.
The incentive payments identified in Paragraph 4.b will be provided only if GCVAC 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 paid on or about December 31, 2016 and
June 30, 2017, 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. The GCVAC shall provide
the City with a detailed accounting of the expenditure of City funds and a written report outlining the
GCVAC'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 described in Exhibit "A". 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 GCVAC employee or
against a GCVAC employee by others will be the sole responsibility of GCVAC.
7. Request for Payment. All requests for payment or reimbursement shall be submitted by GCVAC
to City on a semi-annual basis, specifically, no later than December 1, 2016, and June 1, 2017. 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. GCVAC 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 I,
2016, and June 1, 2017. 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);
c. The amount of new taxable value added to all Development Areas, grouped by
Development Area; and
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d. 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).
9. Return of Funds. In the event GCVAC does not use funds for the intended purpose(s) or in the
event GCVAC 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,
2017.
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 GCVAC from requesting
additional financial support from the City for other activities associated with the Project in the Cedar
Valley.
11. Recipient Board. The GCVAC 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. 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 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 GCVAC provides services substantially similar to those
GCVAC provides to City choose to terminate any grant, funding or other agreement that provides
incentive -based funding to GCVAC. In the latter instance, the parties agree to enter into a new written
agreement providing for funding to GCVAC 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. GCVAC 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 vaiy 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. GCVAC 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 GCVAC's
performance, or the performance of GCVAC's employees, officers, directors, agents or volunteers, under
this Agreement shall be the sole responsibility of the GCVAC.
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 the Project shall be
completed. Any and all provisions of Exhibit "A", the GCVAC's Application describing the Project,
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 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.
16. Entire Agreement. This Agreement, together with the Application 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, 2016 through and
including June 30, 2017.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized
representatives as of the date stated above.
GREATER CEDAR VALLEY ALLIANCE
By:
od---
Steven J. ust, Pres dent
CITY OF WATERLOO, IOWA
By:
Quentin Hart, Mayor
Attest: l�e,ir
1Vey,
Ct