HomeMy WebLinkAbout24-052 - Port of Seattle - 2024 Economic Development Partnership24-052(a)
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Council Approval N/A
CONTRACT AMENDMENT
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of Seattle
AMENDMENT NO:
CONTRACT NUMBER:
CONTRACTTITLE:
1
S-00321915
Economic Development
Previous Amendments
N/A
Partnership Agreement
NAME AND ADDRESS OF CONTRACTOR/VENDOR:
ISSUED BY:
AMENDMENT DESCRIPTION
Total Current Contract Amount
Port of Seattle
Budget and Project 2 Update
City of Tukwila
2711 Alaskan Way, Pier 69
6200 Southcenter BLVD
Seattle, WA 98121
Tukwila, WA 98188
DESCRIPTION OF AMENDMENT:
1. Amendment History:
Contract Cost Recap
Amendment #
Amount
Original Contract Value
N/A
$22,780.00
Previous Amendments
N/A
$0
This Amendment
1
-$8,780.00
Total Current Contract Amount
$14,000.00
2. The purpose of this amendment is to initiate the changes noted in the project scope and budget table
provided below:
Project Two: Small Business Pop -Up Events
Project Category: Tourism
Project Overview/Description:
Contracting with a small business or a non-profit to host a "pop-up" event to promote small Tukwila
businesses. The event would most likely occur at Tukwila Village and would include over a dozen small
businesses plus food and entertainment. It would focus on African businesses and culture.
This project is intended to attract visitors from within the Seattle region to Tukwila by promoting the events
through social media campaigns using the existing Experience Tukwila platform and the businesses'
social media platforms. Funding would be used to create content (photos, images, text) and conduct social
media campaigns through Facebook, Instagram, and Linkedln. Campaigns may include paid promotions
and search engine optimization.
This project serves purposes beyond tourism. Through promoting the event, the businesses will learn
how to market themselves better in terms of physical space and social media. They will also be able to
use the promotional content (photos and images) even after the event is over.
Smart Goal (Specific. Measurable. Achievable, Relevant, Time -bound):
Sponsor one pop-up event before December 10, 2024.
Timelines:
May through December 2024
Project Metrics:
• # of Businesses participating
Page 1 of 3
CONTRACT AMENDMENT
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• # of WMBE participating
• # of attendees/participants in events
• # of Website visits, impressions, page visits, links clicked
IIS' III'
Ject Bt'mmt
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 will be used in the contract agreement between the Port of Seattle and each city.
*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.
New this year - For smaller cities receiving Port grants up to $10,000, cities may use in-kind resources
to supplement up to the 50 percent match requirement. For example, if a grant request is for $10,000 in
Port funds, 50 percent of the grant could be matched by up to $5,000 by in-kind resources.
1. 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)?
For Project 1, Kent Valley WA, we will continue our collaboration with the cities of Auburn, Kent, and
Renton.
For Project 2, small business pop-up event, we will invite the King County Library System, Global -to -
Local (Spice Bridge), Partners in Employment, and Tukwila Parks and Recreation to collaborate.
Page 2 of 3
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CONTRACT AMENDMENT
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2. 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.
For Project 1, Kent Valley WA, we will contract with the City of Kent.
For Project 2, small business pop-up event, we would likely contract with the Somali Independent
Business Alliance (SIBA) because they are a small organization that is very familiar with Tukwila and
connected to the African community.
3. Equity: Provide an overview of how intended projects support economically, socially disadvantaged
communities, or WMBE businesses within your city or region.
Project 1 (Kent Valley WA) seeks to attract businesses in sectors that provide well -paying jobs. To
the extent our residents with least access, including people of color, immigrants, and refugees, are
able to receive quality training and skills, they could move into better jobs.
Project 2 (Small Business Pop Up Event) would very directly support businesses owned by those
with least access, including people of color, immigrants, and refugees because those are the
businesses that would be promoted and included in the event.
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)
PORT OF SEATTLE: NAME AND TITLE OF SIGNER (Type or print)
Thomas Mcleod
Colby Wattling
Mayor
Procurement Officer III
CONTRACTOR/VENDOR SIGNATURE:
DATE
PORT OF SEATTLE SIGNATURE
DATE
Signed by:
10/22/2024 I 3:27
PM PDT,wF;' �'
IubuxaSlLt.(�
10/25/24
4
(Signature of person authorized to sign)
(Signature of person authorized to sign)
Page 3 of 3
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I
ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT
BETWEEN
THE PORT OF SEATTLE AND CITY OF TUKWILA
24-052
Council Approval N/A
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.
S-00321915 Page 1 of 6
2. Responsibilities of the Port. The Port shall contribute Twenty Two Thousand Seven Hundred
Eighty and 00/100 Dollars ($22,780.00) (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, 2024.
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, 2024.
4. Term. This Agreement shall be become effective as of the date the Port executes this
Agreement and shall terminate on December 31, 2024, 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 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
S-00321915 Page 2 of 6
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 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. O. Box 1209
Seattle, WA 98111
Notices to the Agency shall be sent to:
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
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
5-00321915 Page 3 of 6
(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.
ContractBy: William Zhou
Administrator!
Lt/4�'1k� �u
Signature
5/9/2024
Dated
CITY OF TUKWILA
By: Thomas e
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DocuSigned by:
1 0AM
�asnsanar.�
Signature
5/6/2024 1 3:35 PM PDT
Dated
By: Kari Sand
City Attorney
DocuSigned by:
--.sem.
SE499CA4165E452...
Signature
Dated
5/6/2024 1 1:56 PM PDT
5-00321915 Page 4 of 6
EXHIBIT A
Background:
The Port of Seattle Economic Development Partnership Program is an annual, cooperative economic
development program to help fund local economic development initiatives across King County. Based on a
per capita calculation, King County cities (except Seattle) may each receive between $5,000 and $60,000
based on the city's population. The maximum grant allocation for each city, with populations between 5,000
and 60,000 people, is based on one dollar per resident. Population estimates are determined by the
Washington State Office of Financial Management. The Port uses the most recent population estimates at
the start of the grant cycle. Cities with populations numbering less than 5,000 people are eligible to receive
grant funds up to $5,000 and cities with populations numbering more than 60,000 people are eligible to
receive grant funding up to $60,000. Grant funds require a 50 percent match of dollars or in-kind resources.
In-kind resources can only be used for up to 25 percent of the grant award amount.
Project Description:
Project One: Kent Valley
Category: Business Recruitment
Promote Tukwila and other cities in Kent Valley to attract businesses in aerospace and advanced manufacturing by
updating the Kent Valley website and Linkedln page with current data, new content, and new functions. The City of
Kent will coordinate and contract for the updates. The City of Tukwila's funding will be a portion of the cost to
incorporate GIS Planning's Business Directory Intelligence and Property Viewer into the website. With this new tool
potential investors to our region will have the ability to map businesses by industry sector and sub -sector, research
competitors, suppliers and emerging clusters. Website visitors will also be able to search and map businesses by
name, key word, street address, industry or NAILS.
Smart Goal (Specific, Measurable, Achievable, Relevant, Time -bound):
Launch updated website in June 2024. Complete three social media posts by October 2024.
Timeline
May through October 2024
Project Metrics:
• # of Website visits, impressions, page visits, links clicked, and Linked In posts
Project Two: Small Business Pop -Up Events
Category: Tourism
Contracting with small businesses or non -profits to host two "pop-up" events to promote small Tukwila businesses.
Each event would most likely occur at Tukwila Village and would include over a dozen small businesses plus food
and entertainment. One would focus on African businesses and culture and the second would focus on Latinx
businesses and culture. The second would likely be held during Latin Heritage month.
This project is intended to attract visitors from within the Seattle region to Tukwila by promoting the events through
social media campaigns using the existing Experience Tukwila platform and the businesses' social media platforms.
Funding would be used to create content (photos, images, text) and conduct social media campaigns through
Facebook, Instagram, and Linkedln. Campaigns may include paid promotions and search engine optimization.
This project serves purposes beyond tourism. Through promoting the events, the businesses will learn how to market
themselves better in terms of physical space and social media. They will also be able to use the promotional content
(photos and images) even after the events are over.
Smart Goal (Specific, Measurable, Achievable, Relevant, Time -bound):
Sponsor two pop-up events before November 2024.
S-00321915 Page 5 of 6
Timeline
May through October 2024
Project Metrics:
• # of Businesses participating
• # of WMBE participating
• # of attendees/participants in events
• # of Website visits, impressions, page visits, links clicked
Budget
Collaboration with partners
For Project 1, Kent Valley WA, we will continue our collaboration with the cities of Auburn, Kent, and Renton.
For Project 2, small business pop-up events, we will invite the King County Library System, Global -to -Local (Spice
Bridge), Partners in Employment, and Tukwila Parks and Recreation to collaborate.
Use of consultants or contractors:
For Project 1, Kent Valley WA, we will contract with the City of Kent.
For Project 2, small business pop-up events, we would likely contract with the Somali Independent Business Alliance
(SIBA) and Growing Contigo because they are small organizations that are very familiar with Tukwila and connected
to the African and Latinx communities, respectively.
Equity: Provide an overview of how intended projects support economically, socially disadvantaged communities,
or WMBE businesses within your city or region.
Project 1 (Kent Valley WA) seeks to attract businesses in sectors that provide we/1-paying jobs. To the extent our residents
with least access, including people of color, immigrants, and refugees, are able to receive quality training and skills, they
could move into betterjobs.
Project 2 (Small Business Pop Up Events) would very directly support businesses owned by those with least access,
including people of color, immigrants, and refugees because those are the businesses that would be promoted and
included in the events.
5-00321915 Page 6 of 6