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HomeMy WebLinkAbout20-028 - Port of Seattle - Economic Development Partnership Agreement20-028(a) Council Approval N/A Amendment no. 1 5-00320228 Page 1 of 6 Page of Pages Po rt = of Seattle AGREEMENT ADMENDMENT 1 6 1. AMENDMENT NO.: 1 2. AGREEMENT NUMBER S-00320228 3. DESCRIPTION Economic Development Partnership 4. NAME AND ADDRESS OF AGENCY: City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 5 ISSUED BY: Port of Seattle PO Box 1209 Seattle, WA 98111 6A. Original Agreement Value 20,930.00 68. Current Agreement Value 20,930.00 6C. Value of This Amendment 0.00 6D. Agreement Value with this Amendment 20,930.00 7A Original Agreement End Date November 30, 2020 7B. Current Agreement End Date November 30, 2020 7C. Duration extended by this Amendment NA 78. Amended Agreement End Date NA 1. Exhibit A -Project Replace Exhibit A -Project as per attached. Except as provided herein, the above referenced contract remains unchanged and in full force and effect. 9A. CITY OF TUKWILA: NAME AND TITLE OF SIGNE- (Type or print) Al 1 an Ekberg, Ma 10A. PORT OF SEATTLE: NAME AND TITLE OF SIGNER (Type or print) Sherry Weiss, Buyer, Purchasing 98. AGENCY SIGN //0/.4 9C. DATE 911419-0 108. PORT OF SEATTLE SIGNATURE 10C. DATE (Signature of person authorized to sign) (Signature of person authorized to sign) Amendment no. 1 5-00320228 Page 1 of 6 EXIHIBIT A — PROJECT Project Description and Budget 1. Project Description: Summarize the project(s) you plan to support through the economic development partnership program. Include a brief description of the goal(s) and/ or issues to be addressed with each project. Digital Media Program: The City of Tukwila would like to develop a digital media program for tourism. The program would include a digital media strategy, a website, email and social media accounts for lnstagram, Facebook and others, and content such as photos, videos, images, stories, information, and other resources. The digital media program would be primarily intended to attract visitors by improving the visitor experience when in Tukwila. A secondary benefit would be attracting residential and other commercial development that is drawn to a city with amenities such as entertainment, retail, restaurants, and recreation. In addition to attracting visitors and development, this will improve Tukwila's overall brand. The majority of the costs associated with the digital media program will by paid by the City of Tukwila from its lodging tax funds (assuming approval of a future funding request) for the tourism components. However, for the digital media program to attract commercial and multi -family residential development, it also needs to include components of interest to current and future residents seeking information on local activities and benefits of living in Tukwila. Development Attraction: The City would like to attract commercial development by bus tours for the commercial real estate development sector to experience Tukwila and learn about development opportunitic\s. Our most likely event would be a luncheon and bus tour for the Seattle Pacific Northwest Council of FIABCI USA promoting development opportunities in Tukwila's Southcenter District and opportunity zones along Tukwila International Boulevard. Technical Assistance for Small Businesses: The City would like to contract with the Seattle Southside Chamber of Commerce to provide additional technical assistance to small businesses (even if not chamber members) to help them recover from COVID-19. The assistance can take many forms but will include advice on finances, health and safety, labor policies, operations, and marketing. Kent Valley Business Recruitment: In 2019 the City of Kent lead creation of a business recruitment website in partnership with the Cities of Auburn, Pacific, Renton, and Tukwila. The website, KentValleyWA.com, was launched in summer 2019 and included a public relations campaign. The efforts are intended to reinforce the Kent Valley's position as a location for high tech and aerospace businesses in order to retain and attract those types of firms. The City of Kent and partners want to continue the Kent Valley Partnership and refresh website content. The City of Tukwila would like to contribute $4, 000 of its Port grant to the City of Kent for website maintenance and updated content. 2. Brief Description Bullets: Summarize the complete scope of work and goals briefly using 2 - 4 bullets. These bullets will be used to describe each city's project(s) to the Port of Seattle Commission. Amendment no. 1 S-00320228 Page 2 of 6 The City of Tukwila plans to use the Port grant for three projects which are all related to marketing: • We will create a digital media program for tourism. The program will define our strategy, create a website and social media accounts, an email tool, and content. • We will update marketing collateral and host events to attract commcrcial and multi family development. • We will provide technical assistance to help small businesses recover from COVID-19. • We will support business recruitment to the Kent Valley and contract with the City of Kent for maintenance and upgrades to KentValleyWA.com. 3. Project Scope of Work: Outline project components, goals, outputs, timelines, measures of success, and outcomes (short, medium, or long-term) using the table below (attach additional information if necessary). View Appendix B for samples metrics and measures of success. The table is used in the contract between the Port of Seattle and each city. Project or Project goal(s): Output(s) and component: final del iverable(s): Estimated completion: Metrics or measures of success: Describe the short-term, intermediate or long-term outcomes of the project. Digital Media Program • To provide compelling content that improves the experience of visitors in Tukwila, attracts more tourism related development, and improves the City's brand Development Attraction • - o fact commercial development L L Amendment no. 1 S-00320228 • Strategy created • Content captured and created • Website created • Email tool created • Social media accounts started • October 31, 2020 • /It least one commercial real estatc event or tour held serving a total of at least 40 attendees • Photos and written description of event • Completion of deliverables (we won't have measurements of website visits, social media posts viewed, etc. until 2021. • Short term: current visitors have better experiences • Intermediate term: new visitors choose Tukwila • Long term: new tourism and multi -family development locates in Tukwila • September 2020 • Number of even ld • Number of ottcndces names of participating organizations • Number of leads and follow up contacts • Short term: Greater owarcnccss of potential by commercial developers • Intermediatc term: Focused Interest from one multi family developer or retailer • Long term: Strengthened brand as Page 3 of 6 Technical Assistance for Small Businesses Kent Valley Business Recruitment • To help small businesses recover from COVID-19. • To continue KentValleyWA. com desirablc location for devi`cvelopment • Advice • October 31, provided to 2020 businesses on financial resources, marketing, health and safety, operations, and labor related to COVID-19 and changing economy. • Website is • September updated 2020 • Number of businesses served • Number of technical assistance sessions • Number of referrals • Number of visits to website • Average time spent on website • Short term: businesses stay open in 2020 • Intermediate term: businesses stay open through 2021 Long term: businesses stay open through 2022 • Short term: Improved recognition of brand for high tech and aerospace • Intermediate term: Continued strong economy in this sector • Long term: Global brand as strong as Silicon Valley 4. Connection to Port of Seattle interests: Explain how your project benefits the Port of Seattle and ties to the Port's business interests? *Port business interests tie closely to the health of aviation, maritime/logistics, manufacturing, and construction/trades clusters. Tourism is another important industry to the Port. • The digital media program is nearly completely focused on strengthening our tourism economy. A portion of it should result in more multi -family construction. • The development attraction program is focused on attracting new development which leads to more construction. • Technical assistance for small businesses keeps people employed. • The Kent Valley business recruitment program is intended to reinforce the region's competitive position for retaining and attracting high tech and aerospace businesses. 5. Project Budget: Identify each project budget category, total funds (including the monetary Amendment no. 1 S-00320228 Page 4 of 6 value of in-kind resources), Port of Seattle funds and City monetary and in-kind matching funds. Include the total funds from each column in the second to last row. Include the percentage contributions to the Port of Seattle's contribution in the last row. This table is used in the contract between the Port of Seattle and each city. Digital Media Program Development Attraction Technical Assistance Port of Seattle City City In-kind Total Funds Monetary Matching Funds Awarded: Matching Funds: (Including Funds: In -Kind): $12,000 $/1,930 $30,000 so $4,930 $0 $0 $42,000 $/1,930 $4,930 Kent Valley Business Recruitment Total Funds: $4,000 $0 $0 $4,000 $20, 930 $30,000 $0 Percentage contribution to Port Funds*: 100% 140% 0% $50, 930 *City monetary and in-kind matching funds must add up to at least 50% of the Port of Seattle funds awarded. 6. Collaboration with partners: Please identify any community organizations (chamber of commerce, neighborhood associations, Small Business Development Centers, SCORE, Greater Seattle Partners, etc.) you plan to work with to complete all or part of your project(s)? We will seek advice and input from the Seattle Southside Chamber of Commerce and Seattle Southside Regional Tourism Authority on the digital media program. We will support the Kent Valley marketing work led by the City of Kent in partnership with the Cities of Auburn, Pacific and Renton. Greater Seattle Partners provides a real estate search tool. As the project lead, the City of Kent will coordinate with Greater Seattle Partners for the real estate search tool, website links, messaging, and referrals. We will contract with the Seattle Southside Chamber of Commerce for technical assistance. 7. Use of consultants or contractors: If you plan to use consultants or contractors to complete all or part of the project, please identify the firm or type of firm you plan to hire for this project. We will contract with consultants to develop the strategy, website, social media accounts, and content for the digital media program. Amendment no. 1 S-00320228 Page 5 of 6 We may contract with consultants, photographers, or d signers to cr ate materials for the development attraction. Amendment no. 1 S-00320228 Page 6 of 6 Po rt of Seattle. ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT BETWEEN THE PORT OF SEATTLE AND CITY OF TUKWILA S-00320228 20-028 Council Approval N/A This Economic Development Partnership Agreement (the "Agreement") ismade by and between the Port of Seattle (the "Port") and the City of Tukwila (Agency', ), both municipal corporations of the State of Washington (each, a "Party" or, collectively, the "Parties"). RECITALS WHEREAS, engaging in the promotion of economic development is a recognized Port purpose authorized under RCW 53.08.245; and WHEREAS, RCW 35.21.703 similarly authorizes cities to engage in economic development programs; and WHEREAS, RCW 53.08.240(2) permits the Port to contract with another municipality to perform such undertakings each is authorized to perform; and WHEREAS, the Port Commission of the Port of Seattle established the Economic Development Partnership Program (the "Program"), to advance the Port' s Century Agenda, promote a dramatic growth agenda, support the creation of middle class jobs and help address the lack of economic development funding for local projects; and WHEREAS, grant funding across the region is very limited for cities that want to pursue economic development projects or initiatives, and Washington State has not had an economic development grant program for over 20 years; and WHEREAS, the Program will provide 38 King County cities per capita funding to advance local economic development throughout the region, and requires a 50% local match by the cities that receive the grants; and WHEREAS, the Program will help the Port advance regional economic vitality through focused partnerships with King County cities; and ED Partnership Agreement S-00320228 1 Z Ore a- 5 WHEREAS, the Program will make grants to cities that pursue programs and projects that stimulate business development, joboreaUmnandconnnnundv nevita|izaUon, such as small business development, industry retention and expansion, and other economic development pjects that support new investment and job creation; NOW, THEREFORE the partes agree as foliows: 1. Purpose. The purpose of this Agreement is to establish a contractual arrangement under which the Port will pay the Agency Program funds in the amount set forth on Section 2 solely for the purpose of carrying out the Iocal initiative described in Exhibit A, attached and incorporated hereto by this reference (the "Project"). This Agreement shall be interpreted in furtherance of this purpose. 2. ResoonsibiUties f jJ The Port shal 1 contribute Twenty Thousand Nine Hundred Thirty and 00/100 Dollars ($20,930.00) (the "Grant Funds") to assist the Agency in funding the P'ect. The Port shall disburse the Grant Funds to the Agency no later than thirty (30) days after receipt of a complete and correct invoice detailing those Project deliverables comp|eted in accordance with Exhibit A. Subject to the requirements of this Section and of Section 18 (where applicable), the Port shall make the final payment of the Grant Funds to the Agency no later than November 30, 2020, or receipt of the final report, whichever occurs later. 3. Responsibilities of the Aaencv. 3.1 The Agency shall contribute Iocal funds equivalent to at Ieast fifty percent (50%) of the Grant Funds towards the Pject. 3.2 The Agency may contract with local non -profits to complete the Project or elements of the Pject; provided, that the Port shall not, under any circumstance, disburse the Grant Funds to any of the Agency's contractors or subcontractors. 3.3 The Agency shall complete the Pject by November 30, 2020. 4. Term. This Agreement shall be become effective as of the date the Port executes this Agreement and shall terminate on November 30, 2020, unless earlier terminated under another provision of this Agreement. 5. Termination Convenience. The Port may terminate this Agreement at any time for any reason, by giving the Agency thirty (30) days' written notice. In the event the Agency has completed any portion of the P'ect by the time it receives the Port's notice of termination, the Port shall pay the Agency the percentage of the Grant Funds attributable to the Agency's completed portion of the Project. 6. Termination for Default. Except in the case of delay or failure resulting from circumstances beyond the control and without the fault or neglince of the Agency, the Port shall be endUed, by written or oral notice to the Agency, to terminate Agreement for breach of any of the terms and to have all other rights against the ED Partnership Agreement S-0032028 2 Agency by reason of the Agency's breach as provided by Iaw. 7. Waiver. Failure at any time of the Port to enforce any provision of this Agreement shall not constftute a waiver of such provision or pjudice the right of the Port to enforce such provision at any subsequent time. No term or condition of this Agreement shall be held to be waived, modified or deleted except by a written amendment signed by the Parties 8. Partial Invalidity. If any provision of this Agreement is or becomes void or unenforceable by force or operation of law, all other provisions hereof shall remain valid and enforceable. 9. Indemnification and HoId Harmless Aareement. The Agency shall defend, indemnify, and hold harmless the Port, its Commissioners, officers, employees, and agents (hereafter, collectively, the "Port") from all liability, claims, damages, losses, and expenses (including, but not limited to attorneys' and consultants' fees and other expenses of litigation or arbitration) arising out of or related to the fulfillment of this Agreement; provided, hovvever, if and to the extent that this Agreement is construed to be relative to the uwnstruc1ion, a|terno1imn, repair, addition to, subtraction fnznn, improvement to, or maintenance of, any bui|dimg, hi0hvvay, road, railroad, excavation, or other structure, pject, development, or improvement attached to real estate, including moving or demolition in connection therewith, and therefore subject toSection 4.24.115ofthe Revised Code of Washington, it is agreed thatwhere such liability, claim, damage, loss or expense arises from the concurrent negligence of (i) the Port, and (ii) the Agency, its agents, or its employees, it is expressly agreed that the Agency's obligations of indemnity under this paragraph shall be effective only to the extent of the Agency's negligence. Such obligations shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any person or entity described in this paragraph. This paragraph shall not be construed so as to require the Agency to defend, indernnifv, or hold harmless the Port from such claims, damages, losses or expenses caused by or resulting from the sole negligence of the Port. In any and alt claims against the Port, by any emof the Agency, its agent, anyone directly or indirectly employed by either of them, or anyone for whose acts any of them may be liable, the indemnification obligation of this paragraph shall not be limited in any way by any limitation on the amount or type of damages compensation benefits payable by or for the Agency, or other person under applicable industrial insurance laws (including, but not limited to Title 51 of the Revised Code of Washington), it being clearly agreed and understood by the Parties hereto that the Agency expressly waives any immunity the Agency might have had under such laws. By executing this Agreement, the Agency acknowledges that the foregoing waiver has been mutually negotiated by the parties. The Agency shall pay alt attorneys' fees and expenses incurred by the Port in establishing and enforcing the Port's right under this paragraph, whether or not suit was instituted. ED Partnership Agreement S-00320228 3 10i Comply with All Laws. The Agency shall at all times comply with all federal, state and local |avva, ordinances and regulations, including but not Iimited to all environmental laws, which in any manner apply to the performance of this Agreement. 11. lntearation. This Agreement, together with the attached Exhibit A, constitutes the entire agreement between the Parties and unless modified in writing by an amendment executed by the Parties, shall be implemented only as described herein. 12. Governina Law and Venue. This Agreement shall be governed by the laws of the State of Washington. Any action arising out of this Agreement shall be brought in King 13. No Employment Relationship Created. The Parties agree that nothing in this Agreement shall be construed to create an employment relationship between the Agency and the Port. 14. No Entity Created. The Parties agree that nothing in this Agreement shall be construed to create a joint entity between the Agency and the Port. 15. Notices. Notices to the Port shall be sent to the foliowing address: Port of Seattle Economic Development Division P. 0. Box 1209 Seattle, WA 98111 Notices to the Agency shall be sent to the following address: City of Tukwila M200SVuthmenbarBlvd Tukwila, WA 98188 ED Partnership Agreement S-00320228 4 16. Audits and Retention of Records. The Agency in and make all books, records and documents (the "Records") relating to the performance of this Agreement open to inspection or audit by representatives of the Port or Washington State during the term of this Agreement and for a period of not less than six (6) years after termination of the Agreement; provided, that if any litigation, claim or audit arising out of, in connection with or related to this Agreement is initiated, the Agency shall retain such Records until the later of (a) resolution or completion of litigation claim or audit; or (b) six (6) years after the termination of this Agreement. 17. Amendment. This Agreement may only be amended by written agreement of the Parties. 18. Dispute Resolution, The Parties shall use their best, good faith efforts to cooperatively resolve disputes that arise in connection with this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this agreement as of the date first set forth above. PORT OF SEATTLE CITY OF TUKWILA By: Sherry Weiss By: Buyer, Purchasing Signature Signature Dated Dated APPROVED AS TO FORM Office of the City ED Partnership Agreement S-00320228 5 EXHIBIT A - PROJECT Project Description: Digital Media Program: The City of Tukwila would like to develop a diital media program for tourism. The program would include a digital media strategy, a website, email and social media accounts for Instagram, Facebook and others, and content such as photos, videos, images, s1orieo, inforrnmtion, and other resources. The digital media program would be primarily intended to attract visitors by improving the visitor experience when in Tukwila. A secondary benefit would be attracting residential and other commercial development that is drawn to a city with amenities such as entertainment, atoi|, restaurants, and recreation. In addition to attracting visitors and development, this will improve Tukwila's overall brand. The m'orityofihecontooasociotedvviththediOita|mned|apro0nanmvvi||bypeidbytheCih/of Tukwila from its lodging tax funds (assuming approval of a future funding request) for the tourism components. Hovvevar, for the digital media program to attract commercial and multi- family residential development, it also needs to include components of interest to current and future residents seeking information on local activities and benefits of living in Tukwila. Development Attraction: The City would like to attract commercial development by updating our marketing collateral and hosting events such as luncheons, walking tours, and bus tours for the commercial real estate development sector to experience Tukwila and learn about development opportunities. Our most likely event would be a luncheon and bus tour for the Seattle Pacific Northwest Council of FIABCI-USA promoting development opportunities in Tukwila's Southcenter District and opportunity zones along Tukwila International Boulevard. Kent Valley Business Recruitment: In 2019 the City of Kent lead creation of a business recruitment website in partnership with the Cities of Auburn, Ponifin. Renton, and Tukwila. The website, KentValleyWA.com, was launched in summer 2019 and included a public relations campaign. The efforts are intended to reinforce the Kent Valley's position as a location for high tech and aerospace businesses in order to retain and attract those types of firms. The City of Kent and partners want to continue the Kent Valley Partnership and refresh website content. The City of Tukwila would like to contribute $4.000 of its Port grant to the City of Kent for website maintenance and updated content. Scope of Work Description: Project or Project goal(s): Output(s) and final deliverable(s): component: Estimated Metrics or measures of success: Digital Media Program To provide compelling conten that improves the experience of visitors in Tukwila, attracts more tourism related development, and improves the City's brand • Strategy created • Content captured and created • Website created • Email tool created Social October 31, 2020 Completion of deliverables (we won't have measurements of website visits, social media posts viewed, etc. until 2021. Describethe short-term, intermediate or long-term outcomes of the project. • Short term: current visitors have better experiences • Intermediate term: new visitors choose Tukwila • Long term: new tourism and ED Partnership Agreement 5-00320228 6 Connection to Port of Seattle interests: • The dgitai media program is nearly completely focused on strengthening our tourism economy. A portion of it should result in more multi -family construction. • The development attraction program is focused on attracting new development which leads to more construction. • The Kent Valley business recruitment program is intended to reinforce the region's competitive position for retaining and attracting high tech and aerospace businesses. Project Budget Category: Digital Media Program Port of Seattle Funds Awarded:~ City Monetary Matching Funds: $30,000 City Total Matching Funds Funds: (| $O $42,000 ED Partnership Agreement S-00320228 7 media acconts started multi -family development locates in Tukwila Development Attraction To attract commercial development • At leasone commercial real estate event or tour held serving a totat of at least 40aUondeeapartioipuUnq ° Photos and written descriptionone event September 2020 • Number of • Short term: events held Greater • Number of awareness of potential b« attendees • Number and commercial developers names of • Intermediate ono organizations � Focused • Number of interest from multi - leads family follow-up develoDer or contacts retailer ° Long term: Strengthened brand as desirable location for development Kent Valley Business RecruiUmont°Axereqo§me To continue KentValleyWA.com Website is updated September 2020 • Number of • Short term: visits to website Improved na»ogni8on»f brand for hiQh spent on tech echand uemonaoo • Intermediate term: Continued strong economv in this sector • Long term: Global brand as strong as Silicon Valley Connection to Port of Seattle interests: • The dgitai media program is nearly completely focused on strengthening our tourism economy. A portion of it should result in more multi -family construction. • The development attraction program is focused on attracting new development which leads to more construction. • The Kent Valley business recruitment program is intended to reinforce the region's competitive position for retaining and attracting high tech and aerospace businesses. Project Budget Category: Digital Media Program Port of Seattle Funds Awarded:~ City Monetary Matching Funds: $30,000 City Total Matching Funds Funds: (| $O $42,000 ED Partnership Agreement S-00320228 7 Development Attraction $4,930 $0 $0 $4,930 Kent Valley Business Recruitment $4.000 $O $O *4.000 Total Funds: $20,930 $30,000 $0 $50,930 Percentae contribution to 100% 140% 111;J Ytiott " 7' Port Fumds*:!����&,���� *City monetary and in-kind matching funds must add up to at Ieast50% of the Port of Seattle's total contribution. CoHaboration with Partners: We will seek advice and input from the Seattle Southside Chamber of Commerce and Seattle Southside Regional Tourism Authority on the digital media program. We will support the Kent Valley marketing work led by the City of Kent in partnership with the Cities of Auburn, Pacific and Renton. Greater Seattle Partners provides a real estate search tool. As the project lead, the City of Kent will coordinate with Greater Seattle Partners for the real estate search tool, website links, rnessmging, and referrals. Use of Consultants or Contractors: We will contract with consultants to develop the strategy,xveboite.m000|nmediaacnoun1o.and content for the diital media program. We may contract with consultants, photographers, or designers to create materials for the development attraction. ED Partnership Agreement S-0030228 8