HomeMy WebLinkAbout22-086 - Port of Seattle - Economic Development Partnership 2022-2023Port �r
of Seattle
CONTRACT AMENDMENT
22-086(a)
Council Approval N/A
AMENDMENT NO:
1
CONTRACT NUMBER:
S-00321137
CONTRACT TITLE:
Economic Development
Partnership Agreement
NAME AND ADDRESS OF CONTRACTOR/VENDOR:
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
ISSUED BY:
Port of Seattle
2711 Alaskan Way, Pier 69
Seattle, WA 98121
AMENDMENT DESCRIPTION
Budget Update
DESCRIPTION OF AMENDMENT:
1. Amendment History:
Contract Cost Recap
Amendment #
Amount
Original Contract Value
N/A
$44,000.00
Previous Amendments
N/A
$0
This Amendment
1
$0
Total Current Contract Amount
$44,000.00
2. The purpose of this amendment is to update the budget table as described below:
Experience
Tukwila
roject Category
Please select one
he categories
rovided)
Tourism
Port o
of Seattle
Funds
Awarded:
5,000
Ci
Monetary
Matching
Funds:
$51,000
City In-kind Total
Matching Funds
Funds: (Including
In -Kind):
41.
Economic
Development
Small Business
Assistance
$39,000
$0.00
1,536 (staff
time, loaded
hourly rate)
$1,820
Total Funds:
Percentage
contribution to
Port Funds*:
$44,000
r44.73')/0
$51,000
$3,356
$57,536
$33,560
$98,356
51.85%
3.5%
Except as provided herein, the above referenced contract remains unchanged and in full force and effect.
CONTRACTOR/VENDOR: NAME AND TITLE OF SIGNER (Type or print)
Allan Ekberg
Mayor
PORT OF SEATTLE: NAME AND TITLE OF SIGNER (Type or print)
Colby Wattling
Buyer III
CONTRACTOR/VENDOR
SIGNATURE:
DocuSIg
a°ed 6,�� BJM
,..-1F38FE08132B402_
DATE
9/5/2023 1 7:38
PORT OF SEATTLE SIGNATURE
PM PDT
DATE
9/7/23
(Signature of person authorized to sign)
(Signature of person authorized to sign)
Page 1 of 1
Port
of Seattle
ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT
BETWEEN
THE PORT OF SEATTLE AND CITY OF TUKWILA
S-00321137
22-086
Council Approval 7/18/22
This Economic Development Partnership Agreement (the "Agreement") is made 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
WHEREAS, the Program will make grants to cities that pursue programs and projects that stimulate
business development, job creation and community revitalization, such as small business development,
industry retention and expansion, and other economic development projects that support new investment and
job creation;
NOW, THEREFORE the parties agree as follows:
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 local initiative described in Exhibit A, attached and incorporated hereto by this reference
(the "Project"). This Agreement shall be interpreted in furtherance of this purpose.
5-00321137 City of Tukwila Page 1 of 8
2. Responsibilities of the Port. The Port shall contribute Forty -Four Thousand and 00/100 Dollars
($44,000.00) (the "Grant Funds") to assist the Agency in funding the Project. The Port shall disburse the Grant
Funds to the Agency no later than thirty (30) days after receipt of a complete and correct invoice(s) detailing
those Project deliverables completed in accordance with Exhibit A.
3. Responsibilities of the Aaencv.
3.1 The Agency shall contribute local funds equivalent to at least fifty percent (50%) 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 no later than December 31, 2023
3.4 The Agency shall provide a complete and correct invoice(s) detailing those Project
deliverables completed in accordance with Exhibit A no later than December 31, 2023
4. Term. This Agreement shall be become effective as of the date the Port executes this Agreement and
shall terminate on December 31, 2023, unless earlier terminated under another provision of this Agreement.
5. Termination for 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 Project 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 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. Waiver. Failure at any time 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 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 Hold 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, 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 4.24.115 of the Revised Code of Washington, it is agreed that where 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, indemnify, or hold harmless the Port from such claims, damages, losses or expenses
caused by or resulting from the sole negligence of the Port.
S-00321137 City of Tukwila Page 2 of 8
In any and all claims against the Port, by any employee of 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 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. Comply with All Laws. 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. Integration. 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 County.
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:
Port of Seattle
Economic Development Division
P. 0. Box 1209
Seattle, WA 98111
Notices to the Agency shall be sent to:
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
S-00321137 City of Tukwila Page 3 of 8
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
By: Colby Wattling
Buyer III
CITY OF TUKWILA
By: Allan Ekberg, Mayor
meas Ilf D5r 0 ; /44.\\
Signature Signature
7/28/2022 07/27/2022
Dated Dated
APPROVED AS TO FORM
Key: 2721 b.27,,,,a,11 c1,71,c1595,7JacS
Office of the City Attorney
S-00321137 City of Tukwila Page 4 of 8
EXHIBIT A
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.
Experience Tukwila
Tukwila is very dependent on visitors, both day and night, to generate business for the City's retailers, restaurants,
entertainment establishments, and hotels. COVID-19 severely impacted these businesses due to stay home orders
and a shifting in how people purchase goods. Experience Tukwila is Tukwila's digital initiative to promote and
highlight the City to people in the region to promote things to do, places to shop, and fun places to dine. The goal
with Experience Tukwila is to increase overall brand awareness about the City, bring more people to the City, and
increase online engagement about the City.
Trusted Community Partners
Trusted Community Partners is a Port of Seattle led initiative to assist small businesses in King County recover from
the impacts of COVID-19 and the associated economic impacts. The City will use Port grant funds as our required
financial contribution for Trusted Community Partners.
Economic Development
The City has very little funds available for discretionary economic development activities. This category will address
updating the City's economic development data for a trade area, which will be valuable as the City creates its first
economic development plan. This data will then be synthesized into collateral the City can use for promotional and
businesses information needs. In the past small businesses have requested information on trade data from the City
for use in loan and grant applications. The City's current data is over five years old and needs to be updated to
reflect the COVID-19 impacts.
The City is also going to create a video that we can use to promote the City to tourism groups and business groups.
We lack any marketing materials to tell the story about what is coming to Tukwila and how we are a vibrant
hospitality and business community.
Finally, we are going to use funds in this category to assist the City's of Renton, Kent, Auburn, and Pacific in the
Kent Valley WA initiative. Kent Valley WA promotes the Kent Valley as the premier aerospace workforce destination
in the country, similar to Silicon Valley for computers and tech. The City has previously used our Port grant funds for
this collaboration.
2. 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 Seattle and each city. Per confirmation with POS — Annie Tran/Dave McFadden, SeaTac will submit for
one year only and then again next year.
Project Category: Experience Tukwila
Pr t 'ect Goal(s)
Timeline Actions
(Start and
end
dates):
Project metrics
Project
outcomes/deliverable
s
Tourism promotion
via the Experience
Tukwila social
media.
June 2022 -
December
2022.
Regular social
media posts on
Instagram, Twitter,
Facebook, and
Linked In.
• # of social media
posts.
• Engagement from
social media posts.
• Impressions from
• Regular social media
posts.
• Increase in total social
media followers.
S-00321137 City of Tukwila
Page 5 of 8
Tourism promotion
via the Experience
Tukwila website.
Tourism promotion
via the Experience
Tukwila photography
social media posts.
June 2022 -
December
2022
June 2022 -
December
2022
• Regular updates
of Experience
Tukwila to
promote the
City.
• Complete SEO
optimization
• Complete photo
shoot for
Experience
Tukwila to have
unique photos to
use for
marketing and
tourism
promotion.
Project Category: Trusted Community Partners
• Website traffic
• # of businesses
featured in
photography.
• Regular updates on
the City's website and
increase in website
visitors.
• Photo library
Project Goal(s)
Timeline
(Start and
end
dates
Actio
Project metrics
Project
outcomes/deliverables
Providing funding for
regional efforts to
support small,
minority owned
TBD in
partnership
with the Port
of Seattle.
businesses.
City to provide funds
to assist the Trusted
Community
Partners.
TBD in partnership with
the Port of Seattle and
other participants.
Assist small businesses
impacted by the pandemic.
LProject Category: Economic Development
Project Goal
Timeline
(Start and
end
ates).
Actions
Project metrics
Project
outcomes/deliverables
Complete economic
development
research regarding
trends and
household data in
the City's trade area.
Update economic
development one
pagers that highlight
the City.
Execution of
agreement -
August
2022.
Execution of
agreement -
August
2022.
5-00321137 City of Tukwila
Obtain data from
third parties such as
CoStar, Nielson, etc.
regarding the City's
trade area and
examine for trends.
Obtain the services
of a marketing
and/or design
agency
Redesign the City's
N/A
Data obtained.
How the one pagers are
used at conferences and
working with businesses.
Data sheets regarding the
city for use in the
economic development
plan and other city
documents.
Redesigned one pagers,
both printed and PDFs.
Page 6 of 8
Economic Execution of
Development Video agreement -
June 2023.
KentValleyWa
Execution
through
December
of 2023
existing one pager's
to be consistent with
the Experience
Tukwila brand.
Update one pagers
with updated
economic
development data
about the City and
the City's trade
region.
Create a video to
highlight Tukwila for
tourism promotion
and tourism related
businesses.
IWebsite updates to
ExperienceTukwila.c
om to help provide
data on general
economic
development in the
City.
Support the regional
efforts of the Cities
of Tukwila, Renton,
Kent, Pacific, and
Auburn to position
Kent Valley as the
premier aerospace
and space
destination for
businesses and
conference.
Total number of views of
the video via social
media.
Provide a sponsorship
payment to the City of
Kent for the continue
maintenance of
KentValleWa.com and
other digital tools
Completed video.
Total visitors to
KentValleyWa.com
3. 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 of Seattle.
The City's Port Grant request is consistent with tourism promotion activities and driving heads in beds and being able
to provide basic assistance to small businesses. Many small businesses do not have the ability to obtain good data
regarding their trade area. The one economic development one pagers can be used by businesses as they go after
new customers and loans.
4. 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. 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 agreement between the Port of Seattle and each city.
S-00321137 City of Tukwila Page 7 of 8
Project Category Port of City City In-kind Total
(Please select one of Seattle Monetary Matching Funds
the categories Funds Matching Funds: (Including
rovided Awarded: Funds: In -Kind):
Experience Tukwila
Tourism
Trusted Community Small Business
Partners Assistance
Economic Small Business
Development Assistance
Total Funds:
Percentage
contribution to
Port Funds*:
$5,000
$51,000
$7,260 $0.00
$1,536 (staff
time, loaded
hourly rate)
$0.00
$31,740
$0.00
$1,820
$57,536
$7,260
$33,560
$44,000
$51,000
$3,356
44.73% 51.85%
3.5%
$98,356
*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 guidelines for more details.
5. 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)?
Port of Seattle and local Chambers of Commerce on the Trusted Community Partners Network.
Cities of Kent, Renton, Pacific, and Auburn for KentValleyWa.
6. 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.
7. True Blue, a woman owned marketing firm, for Experience Tukwila and the Economic Development work
S-00321137 City of Tukwila Page 8 of 8