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HomeMy WebLinkAboutRes 0941 - Interlocal Agreement - King County Economic Development Services RESOLUTION NO. 941 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, APPROVING AN AGREEMENT BETWEEN THE CITY OF TUKWILA AND THE SEATTLE/ KING COUNTY ECONOMIC DEVELOPMENT COUNCIL FOR SERVICES IN CONNECTION WITH ECONOMIC DEVELOP- MENT IN THE CITY AND AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT. WHEREAS, the City Council of the City of Tukwila deems it desirable to enter into an agreement with the Seattle /King County Economic Development Council to perform certain services, including, but not limited to, providing a comprehensive economic development program for the benefit of all cities, towns and unin- corporated areas of King County, and WHEREAS, the Seattle /King County Economic Development Council has the ability to provide such services and has proposed to provide the same to the City according to certain terms and conditions, now, therefore, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Approval of Agreement and Authorization for Signature. The City Council of the City of Tukwila hereby approves that certain agreement entitled "Service Agreement" between the City of Tukwila and the Seattle /King County Economic Development Council in the form attached hereto as Exhibit A and incorporated herein by this reference as if fully set forth, and the Mayor is hereby authorized to execute the same on behalf of the City. RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WA G HINTON, AT THEIR REGULAR MEETING on the j�; day of THIS AGREEMENT is entered into this day of B. Business Survey EXHIBIT A SERVICE AGREEMENT (1) The Council will design and conduct a county -wide survey of approximately 5,000 businesses with the purpose of assisting existing firms to remain and expand in the City and in King County. (2) The Council will select from 5% to 10% of the firms that respond to the survey and follow up with personal interviews 198 by and between the City of Tukwila (hereinafter referred to as the "City and the Seattle /King County Economic Development Council (hereinafter referred to as the "Council WHEREAS, the City desires to have certain services performed by the Council as described in this Agreement and the Council has the ability to provide such services as set forth in the proposal submitted by the Council, NOW, THEREFORE, in consideration of the covenants herein con- tained, the parties hereto mutually agree as follows: ARTICLE I. ACTIVITIES Section 1. Scope of Services A. Overall Economic Development Program The Council will provide a comprehensive economic development program for the benefit of all the towns and cities and the unincorporated areas of King County. Primary emphasis will be directed toward retention and expansion of the businesses which are located here and on the formation of new businesses by local entrepreneurs. Assistance will also be provided to desirable firms from outside King County that wish to locate here. A complete description of activities to be provided is contained in the 1985 Program of Work adopted by the Board of Directors of the Council on October 30, 1984, a copy of which is attached to this agreement and incorporated by this refer- ence as if set forth in full. to determine the assets and liabilities of the area, and will attempt to pinpoint the principal constraints to the growth of businesses that are here. (3) The Council will analyze the results of this survey and pub- lish a report which will be made available to the City. The information it contains should be useful to the City in its own planning, land use, infrastructure and service delivery decisions. (4) The Council will utilize a special grant from the Washington State Department of Community Development in conducting this survey and will utilize citizens of the City in the follow up interviews with businesses located in the City. C. Business Contacts The Council will work with the chief executive officers of business and industry on land use, regulations and other economic development issues, and will assume an advocacy role in guiding them through the hearing and permit processes required by City, County, State and Federal statutes and regulations. D. Financing The Council will assist in publicizing and promoting the Industrial Development Revenue Bond program of King County and advise companies of the financing alternatives that are available to them through City, County, State and Federal programs. E. Research The Council will conduct economic research, principally by assembling data that is available from local, state, regional and federal sources. These data will be compiled into reports that are applicable and useful to economic develop- ment, and will be made available to the City. The Council will provide to the City published materials and reports, including the results of special studies. F. Planning The Council will, upon request, review and comment on plans of the City for growth and development. The Council will provide technical assistance in the development of short range and long range strategies for commercial and industrial growth in the City. G. Sites and Facilities The Council will maintain an up -to -date file on sites and building space available for commercial and industrial firms wishing to locate in the City. H. City Contacts The Council will work with elected officials and members of the City staff designated by them in the attraction of busi- ness and industry, including warehousing, local and regional offices, and firms that export services. I. Reporting The Council will provide a quarterly report in its activities to the City, describing specific services provided to the City during that period of time. These reports will be made during the last two weeks of each quarter, and will be directed to the Mayor. Section 1. Initial Agreement The term of this Agreement between the City and the Council shall be from the date of signing through December 31, 1985, unless amended by mutual written agreement of both parties. Section 2. Extension ARTICLE II. TERM OF AGREEMENT This Agreement may be extended by mutual written agreement of both the City and the Council, under terms and conditions to be determined at the time of extension. Section 1. Amount Section 3. Documentation ARTICLE III. REIMBURSEMENT The City shall grant to the Council an amount of for the calendar year of 1985 for the services identified in this Agreement, payments to be made quarterly in equal installments. Section 2. Reporting The Council shall submit a properly executed quarterly in- voice to the City, together with its quarterly report on activities and specific services to the City. This invoice and report shall be directed to the City Manager. The Council shall establish and maintain an accounting system which shall be readily available to the City. The City has the right to examine these records as they relate to services provided to the City, upon reasonable notice. Section 4. Payment The City shall initiate authorization for payment of the quarterly invoice after receipt and approval of the invoice and quarterly report from the Council. Section 1. General ARTICLE IV. NONDISCRIMINATION (1) During the performance of this Agreement, neither the Council nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, national origin, creed, marital status, age or the presence of any sensory, mental or physical handicap in employment or application for employment in the administra- tion or delivery of services or any other benefits under this Agreement. (2) The Council will comply fully with all applicable federal,, state and local laws, ordinances, executive orders and regu- lations which prohibit such discrimination. These include but are not limited to Titles VI and VII of the Civil Rights Law of 1964, RCW 49.60, Sction 504 of the Rehabilitation Act of 1973, and Executive Order 11246 as amended by Executive Order 11375 issued by the President of the United States, and City (3) The Council shall provide to the City, with its 4th Quarter report each year, an annual personnel inventory employment profile which provides minority, female and handicap employ- ment data. ARTICLE V. GENERAL CONDITIONS Section 1. Liability to Third Parties The Council shall hold the City and its Officers, Agents and employees, acting in the official capacity or course of employment, harmless from all'suits, claims or liabilities of any nature, including costs, expenses for attorneys fees for an on account of injuries or damages sustained by any person or property resulting in whole or in part from activi- ties or omissions of the Council, its Agents or employees pursuant to this Agreement. The council specifically waives its immunity under Title 51 of the Revised Code of Washing- ton, the Industrial Insurance Act, for injuries to its em- ployees acting in the official capacity or course of employ- ment, and agrees that the obligation to indemnify, defend and hold harmless the City, its officers, its agents and employ- 4 ees extends to any claim, demand, or cause of action brought by or on behalf of any employee of the Council, and includes any judgment, award, and cost arising therefrom, including attorneys fees. The Council is expected to be in compliance with all applicable State, Federal and City Laws and regula- tions. The Council shall carry an insurance policy on errors and omissions to reinforce this part of the Agreement. Section 2. Confidentiality Any reports, information, data, etc. given to or prepared or assembled by the Council under this Agreement which the City requests to be kept as confidential shall not be made available to any individual or organization by the Council without the prior written approval of the City. Section 3. Conflict of Interest a. City No officer or employee of the City or its designee or agents, no member of the City Council or any other public official of the City, any of whom exercise any function or responsibili- ties with respect to this program and under this Agreement, shall have any financial interest, direct or indirect, in any contract or subcontract or the proceeds thereof, for work to be performed in connection with such program or programs. This prohibition extends for one year beyond completion of the Agreement. b. Council No officer or employee of the Council or its designee or agents, shall have any financial interest, direct or indi- rect, other than their wages and direct benefits as an em- ployee of the Council, in any contract or subcontract or the proceeds thereof, for work to be performed in connection with such program or programs. This prohibition extends for one year beyond completion of the Agreement. Section 4. Citizen Participation The Council will implement the provisions of this Agreement in such a manner as not to impede the attainment of citizen participation in planning and carrying out projects that relate to the City. Section 5. Subcontracting This Agreement is personal to each of the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party. 5 Section 6. Future Support The City makes no commitment of future support and assumes no obligations for future support of the activities contract- ed herein except as set forth in this Agreement. Section 7. Reservation of Rights Neither payment by the City nor performance by the Council shall be construed as a waiver of either party's right or remedies against the other. Failure to require full and timely performance of any provision at any time shall not waive or reduce the right to insist upon complete and timely performance of such provision thereafter. Section 8. Termination of Agreement for Cause If the Council shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if the Coun- cil shall violate any of the covenants, agreements or stipu- lations of this Agreement, the City shall have the right to terminate this Agreement by giving written notice and speci- fying the effective date of termination, with the requirement that at least thirty (30) days notice be given. Section 9. Termination for Convenience of the City The City may terminate this Agreement at any time by a notice in writing from the City to the Council. Pro rata payment shall be made by the City to the Council for services render- ed up to the date of termination. Notice of termination should be made at least thirty (30) days before becoming effective. Section 10. Termination of Agreement by the Council This Agreement may be terminated by the Council upon thirty (30) days written notice should the City fail substantially to perform in accordance with its terms through no fault of the Council. In the event of termination due to the fault of others than the Council, the Council shall be paid for services performed to the termination date. Section 11. Changes Either party may request changes in the scope of services, performance or reporting standards to be performed or pro- vided under this Agreement. Such changes, including any increase or decrease in the amount of compensation paid to the Council, with are mutually agreed upon by and between the City and the Council, shall be incorporated in written amendments to this Agreement. 6 Section 12. Addresses COUNCIL Written notices, requests, grievances or adjustments to the City shall be made to: Written notices, requests, grievances or adjustments to the Council shall be made to: Section 13. Integrated Document By Executive Director Seattle /King County Economic Development Council 1520 One Union Square Seattle, Washington 98101 Executive Director Seattle /King County Economic Development Council 1520 One Union Square Building Seattle, Washington 98101 This Agreement embodies the agreement, terms and conditions between the City of Tukwila and the Seattle /King County Economic Development Council. No verbal agreements or conversation with any officer, agent or employee of the City prior to the execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Any such verbal agree- ment shall be considered as unofficial information and is in no way binding upon either party. IN WITNESS WHEREOF, THE CITY OF TUKWILA AND THE SEATTLE /KING COUNTY ECONOMIC DEVELOPMENT COUNCIL HAVE EXECUTED THIS AGREEMENT AS OF THE DATE WRITTEN ON PAGE ONE. Gary Van-" Du'sen, Mayor CITY ATTEST: M�Cin Anderson, City Clerk APPROVED AS TO FORM: Larry C. Martin, City Attorney