13-194.00 EWU Site Selector 13-icH
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jvalley� 10210 E Sprague Ave. • Spokane Valley, WA 99206
(509) 720-5000 • Fax (509) 720-5075 • cityhall@spokanevalley org
July 29,2019
Todd Mielke
CEO,Greater Spokane Incorporated
801 West Riverside Avenue
Spokane, Washington 99201
Dear Mr. Mielke.
Thank you for your letter dated July 12,2019 informing us that Eastern Washington University(the University)will
no longer continue as the Site Administrator of Select Spokane We appreciate the difficult position this creates for
the Consortium given the necessity for continuing service during the remainder of the year.You have requested
confirmation of our desires as a funding partner. Preliminarily,we note that your request does not identify how
the University's exit or the proposed modified services impact the existing agreement,originally executed by the
Consortium members in 2013,which clearly provides for the University as having significant management duties.
However, please accept this letter as the City's written statement that the City does not object to the Consortium's
proposal to have services for the remainder of 2019 provided in the following manner:
1) EWU will extend the contract with GIS Planning through December 31, 2019 and remit payment to
them
2) Oversight of the Select Spokane site,agreements and administration will transfer from EWU to the
associate development organization (ADO)for purposes of continuing the functionality of the
ADVANTAGE Spokane website.Greater Spokane Inc.(GSI) is the designated ADO for this region.
3) Any remaining fund balances will transfer to the ADO instead of being refunded to the individual
funders This will allow for the continuation of the data on the site through December 31, 2019.It is
the City's understanding that Consortium members will not need to provide additional funding
through December 31, 2019 for these services.
You also indicated that the University will be providing a memorandum of understanding regarding the transition
(MOU).Please provide further information on the specific purpose of the MOU and whether the Consortium
members will be signatories. Finally,given the responsibilities set forth in the existing agreement,please let us
know if there will be any proposed modifications to the agreement so we may plan on review accordingly.
Sincerely,
ik
Mark Calhoun
City Manager
City of Spokane Valley
Enclosure:Signed Agreement for Spokane Regional Site Selector
GREATER
SPOKNE
July 12, 2019
Dear Select Spokane Consortium members:
At the Select Spokane annual meeting on Tuesday,June 18, we learned that Eastern
Washington University (EWU) will not continue in their role as Site Administrator of Select
Spokane effective July 1, 2019. As Consortium members,we agreed to the following:
1) EWU will extend the contract with GIS Planning through December 31, 2019 and remit
payment to them.
2) Oversight of the Select Spokane site, agreements and administration will transfer from EWU
to the associate development organization (ADO) for purposes of continuing the
functionality of the ADVANTAGE Spokane website. Greater Spokane Inc (GSI) is the
designated ADO for this region.
3) Any remaining fund balances will transfer to the ADO instead of being refunded to the
individual funders.This will allow for the continuation of the data on the site through
December 31, 2019.
The City of Liberty Lake and the City of Cheney are not signatories of the Consortium, however
they are funders, so we have included them for their authorization as well.
EWU has requested a written recognition of the agreed to items listed above from the funding
partners. This letter is to serve as that written confirmation outlining the desires of the funders.
Once EWU is in possession of this signed statement, EWU will execute a memorandum of
agreement authorizing the transfer of the above items from EWU to GSI.
Sincerely,
Todd Mielke
CEO
Greater Spokane Inc
TOGETHER WE'RE GREATER
801 W RIVERSIDE I SPOKANE,WA 99201 I GREATERSPOKANE.ORG I ADVANTAGESPOKANE.GOM
Spokane Regional Site Selector Consortium
18 June 2019
Agenda
• Site Status
• Annual affirmations of continuance / Future of Select Spokane
• Budgeting
Minutes
Attending: Mayor Condon, City of Spokane; Heather Trautman, City of Spokane; Todd Mielke GSI, Marty
Dickinson, 651; Matt Reeves, Spokane County;Chaz Bates, City of Spokane Valley; K Brooks, EWU
(Absent: Alan Cousins,Avista)
Actions
1. As specified by the contract between EWU and the consortium, where each year the partners
must agree to continue the contract, the partners by consensus agreed to terminate the Select
Spokane Consortium Contract with Eastern Washington University.
2. The partners requested that EWU pay a pro-rated amount towards the outstanding invoice from
GIS Planning to continue the Select Spokane site until 31 December 2019.
3. EWU will refund the any outstand balance to with the partners individually(based upon their
prorated share of the 2018-19 operating budget or send the entirety of the refund to GSI
(Greater Spokane Inc.) upon receipt of documentation to that effect from the partners.
AGREEMENT FOR THE
SPOKANE REGIONAL SITE SELECTOR
THIS AGREEMENT, made and entered into by and among EASTERN
WASHINGTON UNIVERSITY, an institution of higher education and an agency of the
State of Washington, having offices for the transaction of business at Showalter Hall
210, Cheney, WA 99004 -2444, hereinafter referred to as "University ", SPOKANE
COUNTY, a political subdivision of the State of Washington, having offices for the
transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260,
hereinafter referred to as "County," the CITY OF SPOKANE, a municipal corporation of
the State of Washington, having offices for the transaction of business at 808 West
Spokane Falls Boulevard., Spokane, Washington 99201, hereinafter referred to as "City
of Spokane ", the CITY OF SPOKANE VALLEY, a municipal corporation of the State of
Washington, having offices for the transaction of business at 11707 East Sprague
Avenue, Spokane Valley, Washington, 99206, hereinafter referred to as the City of
Spokane Valley and AVISTA CORPORATION dba Avista Utilities, a corporation
organized under the laws of the State of Washington, having offices for the transaction
of business at 1411 East Mission Avenue, Spokane, Washington 99220 -3727,
hereinafter referred to as "Avista ", and the GREATER SPOKANE INCORPORATED, a
federal 501 c (6) entity, defined as a business league as an association of persons
having common business interest whose purposes is to promote the common business
interest, having offices for the transaction of business at 801 West Riverside Avenue,
Suite 302, Spokane, Washington 99201, hereinafter referred to as "GSI "; jointly
hereinafter referred to as the "Parties."
WITNESSETH:
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Spokane County
Board of County Commissioners has the care of County property and the management of
County funds and business; and
WHEREAS, it is in the interests of the Parties to mutually participate in this project;
NOW, THEREFORE, for and in consideration of the mutual promises set forth
hereinafter, the Parties do mutually agree as follows:
CONTINUATION OF SPOKANE REGIONAL SITE SELECTOR
CONSORTIUM:
The Parties hereto are constituent members of the Spokane Regional Site Selector
Consortium (hereinafter referred to as the "Consortium "). The role of the Consortium is
to coordinate a community partnership that facilitates development and operation of an
economic development web site. The Consortium Oversight Committee (see Section 5B
below) establishes the responsibilities of each Consortium member with regards to the
implementation and the maintenance of the Spokane Regional Site Selector application
and associated data and establishes the financial commitment of each Consortium
member to the Spokane Regional Site Selector. The Consortium's purpose is also to
ensure the products of the Consortium are effective and useful.
Cold -►qy
2. HISTORY OF GIS WEB BASED SITE SELECTOR:
A GIS web enabled site selector tool has been established for use in attracting and
retaining companies in the region. In order to meet growing demands for immediate
access to data that site selectors require, as well as to assist GSI in preparing proposals
for prospective clients, the Consortium contracts with GIS Planning Inc. for an off -the-
shelf site selector application. For clarification purposes, this is NOT the State of
Washington's limited version of a GIS Planning web -based site selection tool. Support
for this tool and its implementation and local maintenance is provided by the University,
with University faculty leading and supervising these efforts as further described in
Section 5C.
3. OVERVIEW OF SPOKANE REGIONAL SITE SELECTOR:
The Spokane Regional Site Selector project is a GIS based Site Selector website which
allows citizens and businesses access to available commercial properties, business
locations, land based GIS information, demographic and market information. The
Spokane Regional Site Selector website is a resource to local and imported businesses
and regional economic development. The project leverages the communities' existing
investments in GIS to foster economic development, empower developers and investors
with information, and improve regional economic development capacity.
4. CONSORTIUM MEMBER COMMITMENTS FOR THE SITE SELECTOR:
A. The Consortium is an open group of public and private organizations committed
to the creation and ongoing maintenance of the Spokane Regional Site Selector.
As an open consortium, it can be expanded to include new members and will
actively solicit new members during its existence. There are two types of
Consortium members, public sector organizations and private sector
organizations. New public sector members of the Consortium with populations
above 20,000 may be added anytime by a majority vote of the voting members of
the Consortium Oversight Committee, in accordance with Section 5.13 of this
agreement. Upon approval, the new member shall execute a new membership
agreement; on behalf of the Spokane Regional Site Selector Consortium. The
new membership agreement will automatically become an addendum to this
agreement. By executing the new membership agreement, the new member
agrees to be bound by all terms and conditions of this Agreement for Spokane
Area Site Selector. All other public sector members will be categorized as small
communities. New private sector members will be managed by GSI as further
described in Section 4C. To host locally relevant infrastructure and land
management information on the Spokane Regional Site Selector, an agency
must be a member of the Consortium. Consonant with the membership types,
there are two models for the distribution of costs to support the Spokane
Regional Site Selector, as described in Sections 4B and 4C.
B. PUBLIC SECTOR FUNDING COMMITMENTS:
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The distribution of costs for Public Sector organizations will be based on the
official annual population count as defined by the appropriate federal or state
entity (i.e., the Office of Financial Management in Washington State) for the
respective geographic area that public sector organization serves. For instance,
the City of Spokane's percentage share is based on its population share of the
entire county's population. Spokane County's share is County population less
that of the incorporated areas and so forth. New members that join the
Consortium on dates other than the Consortium annual renewal date will be
billed based on their population share of the entire Consortium pro -rated by the
percent of the year remaining. Existing Consortium members will receive a credit
on their next annual bill. The credit will be in the amount equivalent to the
incremental difference in their annual contribution prior to and after the addition
of any new public sector members that join mid -year of this agreement. This
arrangement will be revisited annually through budgetary analysis and can be
modified by an amendment to this agreement.
The distribution of costs for 1) software acquisition and online application
maintenance and service, 2) data acquisition integration and maintenance, 3)
real estate data management, and 4) fiscal management shall be as established
annually by the Consortium Steering Committee.
C. PRIVATE SECTOR FUNDING COMMITMENTS:
At this time private sector organizations will not have a similar metric for their
contribution. Instead, private sector contributions to the Consortium will be
managed by the GSI and its public and private member community. Additional
Private Sector funds to be applied to site - selector implementation and
maintenance will be the responsibility of the GSI to solicit and obtain from other
Private Sector sources in the region.
Any additional private sector contributions will serve to reduce public sector
Consortium member costs and existing Consortium members will receive a credit
on their next annual bill reflecting the lower cost per member. The credit will be
in the amount equivalent to the incremental difference in their annual contribution
prior to and after the addition of any new private sector members that join mid-
year of this agreement. This arrangement will be revisited annually through
budgetary analysis and can be modified by an amendment to this agreement.
5. CONSORTIUM MANAGEMENT AUTHORITY:
A. The University will serve as the Manager for the Spokane Regional Site Selector.
Dr. Kerry Brooks, Associate Professor of Urban Planning, Public and Health
Administration, or his successor, will direct the project on behalf of the University
including overseeing a staff member funded by the Consortium who is
responsible for the day -to -day management of the Spokane Area Regional Site
Selector.
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B. CONSORTIUM OVERSIGHT COMMITTEE:
A Consortium Oversight Committee is hereby established. The Oversight
Committee is constituted by one official representative from each member public
sector organization. Small communities are represented by the Spokane County
member. The Oversight committee will also constitute one member representing
each original Private Sector Consortium member. The GSI will represent all
future private sector Consortium members. Meetings of the Committee are open
to others, but only the official representative may vote on decisions of the
Oversight Committee. The Oversight Committee shall convene at least once per
calendar quarter by the Director identified in Section 5.A above who may vote to
break ties. All oversight Committee decisions shall be by majority vote of a
quorum, with the quorum being 60% or more of the Oversight Committee
membership. The major business of the Oversight Committee is to annually
evaluate the status of the Site Selector and, by majority vote, agree that it shall
continue for the next year. The annual meeting shall take place on or about 15
May annually. - Additional roles of the Oversight Committee include the approval
of new members, advice and approval on the look, feel, and functionality of the
Site Selector GIS web site, and determination of the annual operating budget for
the following calendar year.
C. UNIVERSITY CONSORTIUM MANAGEMENT RESPONSIBILITIES:
University consortium management responsibilities under this Agreement are as
follows:
Manage the temporal accuracy of Commercial Real Estate Broker Data,
as needed.
2. Provide training and technical support to Commercial Real Estate Brokers
in the entry of new and the removal of old Commercial Real Estate data,
as needed.
3. Provide written quarterly summaries of the project to Consortium
members.
4. Coordinate and manage the temporal accuracy of Public Sector GIS Data
used with the regional site selector.
5. Support the evaluation, standardization, and quality control of any newly
requested attribute or spatial data additions to the regional site selector.
6. Serve as primary fiscal agent for the Consortium, specifically including
invoicing each member, as detailed in Section 11 below, as well as
reimbursing GIS Planning for site selector web services and other fiscal
duties as required.
7. Act as Director of the Site Selector Oversight Committee.
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6. CONSORTIUM MEMBER RESPONSIBILITIES:
It is agreed between University and Consortium members that members shall carry out
the following responsibilities:
A. PUBLIC SECTOR MEMBERS SHALL:
Provide and maintain the temporal accuracy of their respective entity's
data used for purposes related to the Spokane Regional Site Selector.
2. Coordinate with the University to integrate municipal and /or regional data
sources into a contiguous data set.
3. Facilitate and promote the addition of new public sector members for the
Consortium.
B. PRIVATE SECTOR MEMBERS SHALL:
Provide and maintain the temporal accuracy of their respective entity's
data used for purposes related to the Spokane Regional Site selector.
2. Coordinate with University to appropriately integrate privately owned data
sources into contiguous data set in accordance with applicable copyright
laws.
3. Facilitate and promote the addition of new private sector members for the
Consortium.
7. AMENDMENT:
This Agreement may be amended at any time by mutual written consent of Consortium
members and University.
8. TERM:
This Agreement will become effective upon signature by all Consortium members and
University. Unless terminated as provided below, this Agreement will be reviewed
annually and recommended for continuation upon approval of the Consortium Oversight
Committee at the designated Consortium annual meeting, in accordance with Section
5.13 of this Agreement. Continuation of the agreement is subject to the availability of
appropriated funds and administrative approvals. This Agreement is null and void in the
event project funding cannot be obtained from any of the previously defined Consortium
members, or if data provision commitments discussed in Sections 6A through D, are not
met by any Consortium member.
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9. TERMINATION:
A. Termination for Convenience. This Agreement may be terminated by any party
hereto upon written notice delivered to the other parties at least thirty (30) days
prior to the intended date of termination. By such termination, no party may
nullify obligations already incurred prior to the date of termination.
B. Termination for Cause. In the event any party shall commit any material breach
of or default in any terms or conditions of this Agreement, and also shall fail to
remedy such default or breach within sixty (60) days after receipt of written notice
thereof, the non - breaching parties may, at their option and in addition to any
other remedies which they may have at law or in equity, terminate this
Agreement by sending notice of termination in writing to the other party to that
effect. Termination shall be effective as of the day of receipt of such notice.
C. In the event of either Termination for Convenience or Termination for Cause of
this Agreement University shall retain advanced payments made by Consortium
members in an amount sufficient to pay for all costs and /or liabilities incurred by
University in its performance of this Agreement.
10. CONTRACT SUM:
In consideration for performance of this Agreement, Consortium members shall pay
University as determined at the annual meeting and by this agreement. The payments,
subject to the availability of appropriated funds and administrative approvals, shall be
made in accordance with the provisions stated in Section 11 below.
11. PAYMENTS:
University shall submit annual advance invoices to Consortium members. Invoices shall
be distributed annually no later than July 15th or upon execution of the agreement
whichever is later. Consortium members shall make full advance payment of the
amount stated in any undisputed invoice no later than thirty (30) days after the date the
invoice is received by Consortium members.
12. EQUIPMENT
Equipment purchased under this Agreement shall be used specifically for the life of the
project covered herein, with ownership of the equipment remaining with University upon
completion of this contract period and any subsequent contract periods.
13. INDEMNITY
Each party to this Agreement shall be responsible for its own acts and /or omissions and
those of its officers, employees and agents. The Consortium and each Consortium
member shall fully indemnify and hold harmless University against all claims arising out
of the Consortium's use, commercialization, or distribution of any intellectual property or
products that result in whole or in part from this Agreement.
14. RIGHTS IN DATA
Any data developed /delivered by Consortium Members for the Spokane Regional Site
Selector is only for use within the Site Selector GIS web -based application. University
licensing notwithstanding, all data acquired from Consortium members or licensed from
commercial entities shall retain its original licensing status. Any GIS data requests
initiated by users of the GIS web -based application to the University will be referred
back to the original Consortium Member who provided said data.
Any data developed /delivered by the University under this Agreement shall be
transferred to Consortium with a nonexclusive, royalty -free, irrevocable license to
publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do
so; provided, that such license shall be limited to the extent which University has a right
to grant such a license.
The University shall exert all reasonable effort to advise Consortium, at the time of
delivery of data furnished under this agreement, of all known or potential invasions of
privacy contained therein and of any portion of such document, which was not produced
in the performance of this agreement. Consortium shall receive prompt written notice of
each notice or claim or copyright infringement received by University with respect to any
data delivered under this Agreement.
In making GIS data available to the web based Spokane Regional Site Selector,
Consortium Members make no warranty of data accuracy. Consortium Members GIS
data is created for informational purposes and as a general planning and management
tool. Care was used by Consortium Members during compilation of GIS data and
products to insure accuracy, but it may be subject to, in whole or in part, the quality of
the source data and outside sources of information. A given Consortium Member may
on occasion be shifting GIS data to improve the geographic accuracy. Any data that
other Consortium Members build on top of the existing Consortium Member data may
require adjustment. The Consortium assumes responsibility for aligning and registering
data to the existing Site Selector data, if necessary. GIS data and products may not
have been prepared for, or be suitable for, legal, engineering, or surveying purposes.
The Consortium Members do not accept responsibility for errors and omissions, and
therefore, there are no warranties that accompany this Site Selector data. Users of this
information should consult the primary data and information sources to ascertain the
usability of this information. This information may be periodically updated.
Consortium Members will make every effort to ensure that the Spokane Regional Site
Selector has the latest revision of its data.
15. ENTIRE AGREEMENT.
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This Agreement contains all the terms and conditions agreed upon by the parties. No
other understandings, oral or otherwise, regarding the subject matter of this Agreement
shall be deemed to exist or to bind any of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date set forth herein by their duly authorized representatives.
AGREEMENT FOR THE SPOKANE REGIONAL SITE SELECTOR
(Signature Page)
City of Spokane Valley
Mike Jacks o , City Manager
Attest:
Dated:
Approved as to form:
City Clerk Office d the City Attorney
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AGREEMENT FOR THE SPOKANE REGIONAL SITE SELECTOR
(Signature Page)
For UNIVERSITY
Toni Habegger
Associate Vice President for Business & Finance
AOx,- IL
(Signature)
Dated:
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AGREEMENT FOR THE SPOKANE REGIONAL SITE SELECTOR
(Signature Page)
For Avista Utilities
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(Print)
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Dated: 14ZZ�Z-Z,
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AGREEMENT FOR THE SPOKANE REGIONAL SITE SELECTOR
(Signature Page)
ATTEST:
Clerk of the Board
DANIELA ERICKSON
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BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
Todd Mielke, Commissioner
to form: Dated: C�`e�1 bj2raLh Doi Z>
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AGREEMENT FOR THE SPOKANE REGIONAL SITE SELECTOR
(Signature Page)
CITY O
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App roved as to form(:
Assistant City Attomey
Dated: I (DA, /.-> o r 3
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AGREEMENT FOR THE SPOKANE REGIONAL SITE SELECTOR
(Signature Page)
GREATER SPOKANE INCORPORATED
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Dated:
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