HomeMy WebLinkAbout21-110 - Port of Seattle - Economic Development PartnershipAssuvow
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of Seattle
ECONOMIC DEVELOPMENT PARTNERS P AGREEMENT
BEI /BE
THE PORT OF SEATTLE ANI CITY OF TUKWILA
S-00320685
21-110
Council Approval N/A
This Economic Development Partnership Agreement (the " Agreement") is made by and between the
Port of Seattle (the "Porn and the City of Tukwila ("Agency"), both municipal corporations of the State of
Washington (each, a "Party" or, collectively, the "Parties").
REC1 'ALS
WHEREAS, engaging in the promotion of economic development is a recognized Pod purpose
authorized under RCVV 53.08,245; and
WHEREAS, RCVV 35,21703 similarly authorizes cities to engage in €...conomio development programs;
and
VVHEREAS„ ROW 53 08,240(2) permits the Pod 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 VVashington 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 otties that receive the
grants; and
WHEREAS, the Program will help the Port advance regional economic vitality through focused
partnerships, with Kirog County CifieS; and
WHEREAS, the Program will make grants to cities that pursue programs and projects that stimulate
business OevE,floprnent, job creation and comtmunity revitalization, such as small business development,
industry retention and expansion, and other economic development projects that support new investment and
job creation;
NO THEREFORE the parties agree as 'follows;
Pyrkze, rhe purpose of this ,Agreement is to establish a contractual arrangeirient 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 local inifiative described in Exhibit A, attached and incorporated hereto by this reference
S-00320685 City of Tukwila_rev_l Page 1 of 8
(the "Project), 1 his Agreement shall be interpreted in furtherance of tt is purpose,
2, at th Fol. The Port shall contribute "I -Welty One Thousand Three Hundred Sixty and
00/100 Dollars. (S21360,00) (the "Grant Funds") to assist the Agency in funding the Project. 'The Port shall
disburse the Grant Funds to the Agency no 1„ -iter than thirty. (30) days after receipt of a complete and correct
invoice(s) detailing those Project deliverables completed in accordance with Exhibit A.
3.
Fi
3,1 The Agency shall contribute local funds equivalent to at least fifty percent (50"Vll,) of the
Grant Funds towards the Project,
3,2 The Agency may contract with local non -profits to complete the Project or elements of the
Project; 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 Project 11)y December 31 202"1,
4, affa, This Agreement. shall be become effective as of the date the Port executes this A.greement and
shall terminati, on December 31, 2021, unless earlier terminated under another provision of this Agreement,
5 t.rayallialirga; 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 Project by the time it receives the Port's notice of termination, the Pont shall pay the Agency the
percentage of the C2lrant, Funds attributable to the Agency's completed portion of the Project,
6. Iuiuu LtQL,1121,auit, Except in the case of delay or failure resulting from circumstances beyond the
control and without the fault or negligence of the Agency, the Port shall be entitled, 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
Agency by reason of the Agency's breach as provided by law,
7, y,..ruiy2,L, Failure at any hme of the Port to enforce any provision of this Agreement shall not constitute a
waiver of such provision or prejudice 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 IParies
8, 2,111.• Lay- 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,
lEttaQ11thlitti klinall,QIEL,,, -.11,11tr" Eg„,,f,21:12g01,,, 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 attorneysand
consultants' fees and other expenses of litigation or arbitration) arising out of or related to the fulfillment of
this Agreement providea, however, if and to the extent that this Agreement is construed to be relative to
the construction, alternation, repair, addition to, subtraction from, improvement to, or maintenance of, any
building, highway road, railroad, excavation, or other structure„ project, development, or improvement
attached to real estate, including moving or demolition in connection therewith, and therefore subject to
Section 4,24,1115 of the Revised Code of Washington, it is agreed that where such liability, clairn 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 A,gency'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, indemnify, 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 all 3lairris against the Port, by any employee of the Agency, its agent, anyone. directly or indirectly
S-00320685 City of Tukwila_rev_11. Page 2 of 8
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 limitafion on the amount or type of damages,
cornpensation benefits payable by or for the Agency, or other person under applicable industrial inaltance
laws (incluckrig, but not limited to Title 51 of the Revised Code of Washington), it being clearly agreed sing
understood by the Parties hereto that the Agency expressly waives any immunity the Agency might have had
undcir such laws,. By executing this Agreement, the Agency acknowledges that the 'foregoing waiver has been,
mutually negotiated by the parties..
The Agency shall pay all 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.
10. Lonajaa wit) Lawi, The Agency shall at all times comply with all federal, state and local laws,
ordinances and regulations, including but not limited to all environmental laws, which in any manner apply
to the performance of this Agreement
11 late,aL 11Q,12. 1-1-1s 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
irnplemented only as described herein.
12, c.82.y....einingi,,261:suctliguit, This Agreement shall be governed by the laws of the State of Washing )in.
Any action arising out of this Agreement shall be brought in King County.
1 a tic2110112,:t.l.itatEg-' ,2242S1 The Parties agree that nothing in this Agreement shall be
construed to create an employment relationship between the Agency and the Port.
14 jy .:_112,11; t The Parties agree that nothing in this Agreement shall be construed to ,create a Joint
entity between 1
15 INQill;
le Agency and the Port.
s. Notices to the Port shall be sent to the 'following address:
Port of Seattle,
Econornio Developrnent. Division
P. 0. Box 1209
Seattle, WA 98111
Notices to the Agency shall be sent to the following address:
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
16, Li ditsLarat Retaryncia.913 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 VVashington 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 LIM=
18.. jr;),ilci •
This Agreement may only be amended by written agreement of the Parties,
"the Parties shall use their best, good faith efforts to cooperatively resolve disputes
that arise in connection with this A.gr'eement„
S-00320685 City of Itikwilarev_l Page 3 of 8
above.
IN vvrrNESS WHEREOF the Parties hereto have executed this agreement as of thedate first, set forth
PORT OF SEATTLE,
By: Connie Davis
Buyer
Signature
CITY OF TUKWILA
By:,
Signature
June 1, 2021
Date
eSIgned vla SeamlessDocs.com
C7/(Law 6A-Ge/cg
Key: ,D3,1105.,,,,,,,a,,,,OelebYtlYaJa,J
Allan Ekberg, Mayor 07/26/2021
APPROVED AS TO FORM
eSIgned vla SeamlessDocs.com
(1,5-)eWeK
Key: ,a,faSYIDIDe.,,eac,ca,l,,,,32,17
Office of the City Attorney
S-00320685 City of TukwUarevi Page 4 of 8
Attachment A — Scope of Work
Background:
1, Project Description: Summarize the project(s) you plan to implement and explain how project(s) address COViD-19
economic issues in your city include a brief description of the project goal(s) and summary of COViD-19 economic
impacts being addressed.
During the COVID-19 pandemic business that were able to quickly pivot to being able to serve customers virtual„ via,
a website and social media were able to continue to drive revenue to their businesses. Many businesses already had
virtual storefronts in place prior to the pandemic, while others struggled with the lack of a virtual storefront and a
virtual presence.
The City's 2021 Port Grant will focus an the foliowing:
Working with small, primarily minority owned businesses, to enhance and develop a basic website, social media,
and other digital tools to better highlight their businesses in the virtual world.
Tukwila teens will be trained by a third -party provider to help businesses with some of the tasks identified above.
Teens will then be matched with Tukwila businesses.
Helping businesses obtain better content, such as photos and videos, they can use on theft new websites and
social media platforms.
2. Brief D scription Bullets: Summarize the complete scope of work and goals briefly using 2 - 4 bullets. Please keep
each bullet to 1 or 2 sentences. These bullets are meant to be a very brief synopsis the project(s) the Port of Seattle
is funding in each city and may be used to describe each city's project(s) to the Port of Seattle Commission, to the
public, and with local media,
Modeled after the City of Seattle program,1 the City of Tukwila will partner with a non-profit to provide training for
Tukwila youth on creating a digital presence for Tukwila small businesses (with an emphasis on minority and
women owned). The youth would create a website and other digital assets for participating businesses. Once
these businesses have websites the City can link to them via the Experience Tukwila website and Experience
Tukwila social media accounts.
Obtaining better quality videos and photography for small, consumer facing businesses in the City. These digital
assets could be used via the Experience Tukwila digital 'mediums to promote the City and the businesses,
Helping Tukwila small businesses improve their Google and Yelp pages, specifically providing education about
the importance of "owning' their pages so customers can better locate the businesses and interact with the
businesses.
Expanding and promoting more minority owned, consumer facing businesses on Experience Tukwila,
3 v Project Scope of Work: Outline project title or components, economic impacts of COVID-19 the project is.
addressing, project goals, project deliverables, and metrics (measurable outcomes) using the table below. View
Appendix B for sample metrics, measures of success, and data sources. The table is used in the agreement between
the Port of Settle and each cityv
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Workforce Engage Tukwi a
Development Youth and
provide training
in digital'
marketing.
Tukwila youth
activities and
development
were impacted
by COVID-19.
Worc ng with the
Tukwi a School
District, Highline
School District, and
other schools in the
City, identify
Tukwila youth to be
part of training
program.
Link Tukwila youth
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0 Contract with third
party, such as the
Urban League or
other similar
organization, to
provide training to
Tukwila youth on the
importance of
branding and digital
marketing, including
kivlowv or,g/storiesibllack-own.ed.-vrestaurants-.get-tech-a.ssist-from-seattle-teevn.s
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Number of students
that express interest in
participating,
op Number of businesses
that express interest in
participating,
Page 5 of 8
Small
Business
Development.
Content
Creation
!••••• •
Promotion of
small, minority
owner
businesses via
Experience
Tukwila,.
O Engage Tukwila
Small
Businesses in
helping them
developed better
virtual tools for
their businesses,
Business that did
not have a digital
presence
struggled with
the associated
'Stay Home,
Stay Healthy"
orders.
O As businesses
reopen from
COVV0-19, they
will need help
promoting
themselves to
consumers with
good, authentic
photos and
videos,
* As business
recover from
pandemic, help
small with
promotion and
bringing
customers back.
5-00320685 City of Tukwila_rev_l
h businesses„
Provide training to
Tukwila youth on
branding and
digital tools to help
businesses
promote
themselves
virtually
• Educate small
businesses about
the importance of
having an online
presence.
• Outreach to
businesses.
▪ Provide information
on the importance
of businesses
having a digital
presence.
• Help businesses
claim their space
on google and
yelp„
• Custom
photography for
small, consumer
facing businesses.
Photos can be
used on the
websites created
and social media.
Businesses and
city would both
own the rights to
the photos.
Promote
businesses via
Experience Tukwila
social media and
ExperienceTukwila.
corn.
basic website design
and development
ay, 2021)
O Work with education
institutions to identify
students (June
2021).
Conduct training for
students (August,
2021)„
O Students build out
website and social
media for small
businesses
(September, 2021)
• Work with Chambers
and business
associations to
identify possible
business candidates
for program (June,
2021)
O Visit businesses on
T k t ti
uwa n erne ona
Blvd (subject, to
COVIID-19
restrictions) to
promote participating
in program (June,
2021).
O Students build out
website and social
media for small
businesses
(September, 2021)
• Photoshoot
(September, 2021)
O Running from June
through September,
2021, Existing
photos will be used
as well as new
photos discussed
above,
• E -Newsletter
* Number of businesses
that express an interest
in participating.
0, Long term tracking
would include website
visits, social media
engagement, and direct
sales attribute from
website„
• Number of participating
businesses and photos
taken.
• Social media
engagement on
specific posts.
• Website visits,
nighlights
Page 6 of 8
4. Connection to Port of Seattle interests: Explain how your project benefits the Port of Seattle and ties to the Port's
business interests?
This project meets the 'following criteria laid out in the grant ,application:
Small business relief and assistance, by providing technical assistance to small business on digital platforms.
Projects that boost local tourism and consumer confidence such as buy local campaigns. The project will help
promote local business, via Experience Tukwila and also help business promote themselves via theft own
website and social media.
VVorkforce development initiatives that address local unemployment or underemployment issues. The project will
provide workforce training to youth in an area of the county historically underserved by larger educational
institutions.
5. Project Budget: identify each project budget category, total funds (including the monetary value of in-kind
resources), Port of Seattle funds and City monetary and in-kind matching funds. Inciude 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 as
row. This table is used in the agreernent between the Port of Seattle and each city.
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Task 1: Tukwila Small Business
Digital Initiative, includes
contracting with third party to
provide educational resources to
students.
Task 2: Photos to support small
businesses and for Experience
Tukwilla„
Task 3: Video creation
Project 4: Outreach to Tukwila
small businesses.
Small Busin ss
Assistance
$20,000
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$0.00 $500 $20,500
Tourism
$1,360
$5,500 $500
Tourism and Small
Business Support
Small Business
Assistance
$a,00
$0 00
$18,000
$500
$0.00 $1,000
$7,360
$18,500
$1,000
Total Funds: $21,360 $23,500 $2,500 $ 7,360
Percents e
„ 45% 50% 5%
contribution t
ort Funds:
*City monetary and in-kind matching funds must add up to at least 50% of the Port of Seattle funds awarded. in-kind
resources can only be used for up to 25 percent of the grant award amount. See program guideiines for more details.
Note: Please submit all 2021 invoices with the Budget and Expenditure Excel report. As part of the appiication, please
fili out the budget "Project Budget' (sheet 1) in the Excel worksheet. An image of the Excel worksheet is included
below.
5,,,00320685 City of Tukwrev1
Page 7 of 8
0, 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)?
0 Tukwila School District
• Highline School District
Local Chambers of Commerce
• The Urban League of Seattle or other simar organizations.
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.
▪ The City will contract with the Urban League of Seattle or other similar organization to complete the workforce
training,
True Dile Strategies for the photoshoot work.
Contact information
City': City of Tukwila
Federal Tax 91-0001519
Address: City of Tukwila
6200 Southcenter Blvd,
Tukwila, WA 98188,
Contac Name: Brandon Miles
Title: Business Relations Manager
Email: araosion PVIke',gEffrukmiiiiqvq1„a9v.
Telephone: 206-731-9071
Alternate Contact: Derek Speck
Economic Development Administrator
=, a it: P e„,r9, 5altaPiSfEju,k(Wiia.Wq,S,:)<IM
200-790-2187
fide
Phone:
5-00320685 City of Tukwila_rev_1. Page 8 of 8