HomeMy WebLinkAboutPK17-506 - Original - Port of Seattle - 2017 Economic Development Partnership - 11/16/2017 Records
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Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Port of Seattle
Vendor Number: °
JD Edwards Number
Contract Number: PK 17 --SU �p
This is assigned by City Clerk's Office
Project Name: 2017 Economic Development Partnership Agreement
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment M Contract
❑ Other:
Contract Effective Date: Nov 16 2017 Termination Date: Julv 1, 2018
Contract Renewal Notice (Days): 30 days
Number of days required notice for termination or renewal or amendment
Contract Manager: Lori Guilfoyle/Julie Pulliam Department: ECD
Contract Amount: $65,000
Approval Authority: ❑ Department Director ❑ Mayor ® City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
This contract provides a grant to the City of Kent to establish a Manufacturing Resource
Center in partnership with Aerospace Joint Apprenticeship Committee (AJAC) to prepare
low income residents for careers in advanced manufacturing.
. . ........... ...
As of: 08/27/14
a,WMMIN01' ..
Port „.. ,,,
of Seattle-
November 21, 2017
City of Kent
Attn: Mayor's Office
400 W. Gowe St.
Kent, WA 98032-6019
Re: Contract 5-00319168 - 2017 Economic Development Partnership
Agreement
Enclosed is your copy of the Contract for 2017 Economic Development
Partnership which has been executed by Tim Jayne, Sr. Manager, Purchasing on
November 16, 2017 on behalf of the Port. Please reference the Contract
number when invoicing the Port for payment of the monies awarded. We look
forward to working with your organization.
If you have any questions or concerns, please do not hesitate to give me a call.
Regards,
Patty £t-bkorw
Patty Etzkorn, C.P.M., A.P.P.
Port of Seattle
Central Procurement Office - Purchasing
P-Card Administrator
P 0 Box 1209
Seattle, WA 98121
Encl. - Agreement - executed
Cc: - William Ellis, Economic Development Coordinator w/copy encl.
Port �,: "
of Seattle
ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT
BETWEEN
THE PORT OF SEATTLE AND THE CITY OF KENT
This Economic Development Partnership Agreement (the "Agreement") is
made and entered into as of November /,, , 2017, by and between the
Port of Seattle (the "Port") and the City of Kent ("City"), 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
._.
Contract 5-00319168 Economic Development Partnership Agreement
Between the Port of Seattle and the City of Kent
Page 1 of 9
emu
Port ......
of Seattle
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 City 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.
2. Responsibilities of the Port. The Port shall contribute Sixty-Five
Thousand and 00/100 Dollars ($65,000.00) (the "Grant Funds") to assist the
City in funding the Project. The Port shall disburse the Grant Funds to the City
no later than thirty (30) days after receipt of a complete and correct invoice
detailing those Project deliverables completed 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
City no later than July 1, 2018, or receipt of the final report, whichever occurs
later.
3. Responsibilities of the Cit .
3.1 The City shall contribute local funds equivalent to at least fifty
percent (50%) of the Grant Funds towards the Project.
3.2 The City 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 City's
contractors or subcontractors.
3.3 The City shall complete the Project by June 1, 2018.
4. Term. This Agreement shall be become effective as of the date first set
forth above, and shall terminate on July 1, 2018, unless earlier terminated
under another provision of this Agreement.
5. Termination for Convenience. Either party may terminate this
Agreement at any time for any reason, by giving the other party thirty (30)
days' written notice. In the event the City has completed any portion of the
Project by the time it receives the Port's notice of termination, the Port shall
Contract 5-00319168 Economic Development Partnership Ag-
reement
Between the Port of Seattle and the City of Kent
Page 2 of 9
. iYOpilpppiWilWWu'
Port MAMMM V
of Seattle
pay the City the percentage of the Grant Funds attributable to the City'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 City, the Port shall be entitled, by written or oral notice to the City, to
terminate Agreement for breach of any of the terms and to have all other
rights against the City by reason of the City'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 farce or operation of law, all other provisions hereof shall
remain valid and enforceable.
9. Indemnification and Hold Harmless Agreement. The City 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 City, its agents, or its employees, it is
expressly agreed that the City's obligations of indemnity under this paragraph
shall be effective only to the extent of the City'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 City 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.
Contract 5-00319168 Economic Development Partnership Agreement
Between the Port of Seattle and the City of Kent
Page 3 of 9
= mMINitlOWIINIIINM'
Po rt
OfSeattle -- —.. ................................
_
In any and all claims against the Port, by any employee of the City, 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 City, 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 City expressly waives any immunity
the City might have had under such laws. By executing this Agreement, the City
acknowledges that the foregoing waiver has been mutually negotiated by the
parties.
The City 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 City 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. Governine 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 City 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 City and the Port.
15. Notices. Notices to the Port shall be sent to the following address:
Port of Seattle
Economic Development Division
P. 0. Box 1209
Seattle, WA 98121
Contract S-00319168 Economic Development Partnership Agreement
Between the Port of Seattle and the City of Kent
Page 4 of 9
mmmuuumo•
Port
of Seattle,.._ ....
Notices to the City shall be sent to the following address:
City of Kent
Mayor's Office
400 W. Gowe St.
Kent, WA 98032-6019
16' Audits and Retention of Records. The City shall retain 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 City 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. Disoute 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 KENT
By: Tim Jayne By: Suzette Cooke
Sr. Mana , Purchasing Ma' or---.
�.m
Signature ,✓ Sign ur
1✓ ��� � fr" f3 � 7
Dated Dated
Contract S-00319168 Economic Development Partnership Agreement ._�.
Between the Port of Seattle and the City of Kent
Page 5 of 9
Port
of Seattle
EXHIBIT A— PROJECT
1. Scope of Work:
The City will in partnership with the Aerospace Joint Apprenticeship Committee
(AJAC), accomplish the following:
• Local Training Center:
i. Establish a Manufacturing Resource Center (MRC) in the City.
ii. Design the MRC as a one stop center for manufacturing job seekers and
employers in the Kent Industrial Valley region.
iii. Provide relevant training for manufacturing jobs which will include but,
not be limited to: pre-apprenticeship and apprenticeship training for
entry level manufacturing workers.
• Coordinated Intake, Screening and Referral:
i. Build a coordinated intake process for accommodating human services
agency referrals, including assessment, screening, and placement into
appropriate programming or jobs.
ii. AJAC will partner with the "Good Jobs" collaborative and the City in
reviewing the process begun by the refugee and immigrant community
based organizations with Boeing Foundation and work to refine those
developed processes final steps of candidate placement into on-the-job
training.
• Tuition Free Training:
i. Identify strategies for providing tuition free training through existing
financial aid programs (BFET, TANF, Unemployed/Underemployed,
WIOA, VA, etc.). Students could access free eligibility screening to pre-
qualify for tuition free training.
• Engage Employers:
i. Engage employers in the planning and design of training, as well as the
screening and placement of participants.
H. Provide an opportunity for employer sponsored employment services
directing local talent to high demand jobs efficiently and in high
volume.
• Establishing a Suite of Services for Logistics:
i. A logistics task force will be assembled to build an apprenticeship
pathway for logistics occupations associated with advanced
manufacturing and distribution/warehousing.
Contract S-00319168 Economic Development Partnership Agreement
Between the Port of Seattle and the City of Kent
Page 6 of 9
Port
of Seattle
ii. A DACUM (developing a curriculum process) will be conducted to
determine industry relevant training outcomes and program design
elements.
iii. A curriculum will also be identified as well as one or more sponsoring
apprenticeship committees.
The Logistic program services will focus on those skills and occupations
unique to manufacturers and the obligations they receive from their
clients in sectors like aerospace, food processing, or medical devices
(quality assurance, supply chain management).
2. Metrics Deliverables and Final Report:
Better prepare low- • Outreach Knowledge 200 students will
income residents of • School District gains receive advising
Kent for careers in • Work source + Credentialed services/training
advanced • CBOs completion and will be
manufacturing . Public housing Job better educated
• Financial Aid placement about
Advising manufacturing
• Workshops pathways and
• Short-term programs
training
• Apprenticeship
____._..-._. _.. __ _. _ --- _.....-. ......................... _
Establish a Kent- • Rent and outfit • Participants Added training
based educational facility with of training at capacity for
facility for serving equipment/offi facility advanced
area manufacturers ce fixtures • Employers manufacturing
(August, 2017) served by will be achieved
• Staff facility for workforce for Kent Valley
intake and development residents and
trainin..........................____..__—
Develo a strategy __ww. __.___..........................
p gy • Establish MOU Knowledge 20 youth
for taking in more with gains apprentices will
Kent youth and surrounding • Credentialed be served
preparing them for school districts completion
careers in and the Open , Job
manufacturing and Doors program placement
logistics Host youth
apprenticeship
training
__ ..........__.. wwwwmm,..._.._......._..,... ._._... . ....-----
.....m__...........
Create a program • DACUM • Curriculum All elements of
Contract S-00319168 Economic Development Partnership Agreement
Between the Port of Seattle and the City of Kent
Page 7 of 9
Port . ...
of Seattle
design and • Employer developed logistics pathway
implementation validation . Program will be
protocol for an . Curriculum adopted and established and
apprenticeship development implemented ready for
pathway in logistics F Strategic implementation
planning and in late 2018 or
program design early 2019 -
potentially
serving hundreds
of students each
year
The Port may request periodic project updates from the City.
The City will submit a written report to the Port within 45 days of completion of the
Scope of Work but no later than, June 1, 2018, a final report shall be submitted to the
Port.
3. Definition and restatement of how funds are to be used.
7AJAC
aMT7M"
Personnel $65,00000 FUNDS $65,000.00
Any funds obtained from the Port for the Economic Development Partnership Program
are to be used specifically for projects that create jobs, foster business growth, and
support the Port's business interests.
4. Port Approval and Recognition:
a. All projects must utilize and identify the Port as a partner or sponsor.
Prior to implementation, Port requires a review of the proposed
placement of the Port logo on advertising, promotion materials, booth
displays, online, digital or printed materials.
b. Prior to specific advertising execution or implementation, the Port will
review and approve the advertising placement and schedule.
Contract S-00319168 Economic Development Partnership Agreement
Between the Port of Seattle and the City of Kent
Page 8 of 9
Port A
of Seattle
5. The Agreement and Final Report:
TASK DESCRIPTION SCHEDULE
................................................... .
Task 1 Execute Contract No later than
November 10,
2017
Task 2 Execution of Contract by Port No later than
November 17,
2017
Task 3 Final Report and Accounting: No later than June
1. Provide a detailed report on the results of 1, 2018
the project as outlined in the Scope of Work
2. Provide a detailed report on the Project
Metrics as outlined above.
3. Provide copies of at[ printed promotional
materials.
4. Provide links to any softcopy materials.
5. Provide a detailed accounting of the monies
spent, including City's 50% matching funds.
6. Miscellaneous:
No Port funds can be used to underwrite general or capital expenses associated with
an event or program already in progress.
......... ......
...
_., ..
End of Exhibit A - Project
Contract 5-00319168 Economic Development Partnership Agreement
Between the Port of Seattle and the City of Kent
Page 9 of 9
REQUEST FOR. MAYOR'S SIGNATURE
K 0 T Print on Cherry-Colored Paper
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Fy.
Approved by Dlrect*r_( PN
Originator: Lori GUIIfOyle Phone (Originator): 5061
Date Sent: 11-8-17 Date Required: 11-10-17
Return Signed Document to: Lori GUIIfOyle Contract Termination Date: jUly 1, 2018
VENDOR NAME: Date Finance Notified: iF9 q
Port of Seattle (Only required on contracts Y 4 r` 1 7
$20 000.and over or on an Grant
DATE OF COUNCIL APPROVAL: l i-7-17 Date Risk Manager Notified: 11-8-17
(Reouired on Non-City Standard Contracts/Agreements)
Has this Document been Specificall Account Number:,
Authorized in the Budget? YES NO CIO t� be- �rand-
Brief Explanation of Document:
The attached is a Partnership Agreement between the Port of Seattle and the City that provides a $65,000 grant
to the City to accomplish a scope of work that includes funding the Aerospace Joint Apprenticeship Committee
(AJAC) to establish a Manufacturing Resource Center (MRC) in Kent to prepare low income residents for careers
in advanced manufacturing. AJAC will:
a. Implement a one stop center for manufacturing job seekers and employers in the Kent Industrial Valley
region;
b. Create coordinated intake, screening and referral;
c. Engage employers; and
d. Establish a suite of services for logistics
t Be Routed Through The Law Department
Received: CJ(lV 7_iJll
(This area to be completed byte w Department)
�
Approval of Law Dept.: & (
Law Dept. Comments:
C3ate Fa , El 111 a
Shaded Areas To Be Compi ed y A ministration Jtaff
Received, J ¢y r?01I
Recommendations and Comments: SI (�,��(� Pj\� M �'0r\1
uFJCI C , . I .
Disposition: U ( t/f 3/1
Date Returned: 1
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CITY OFKENT ac'
CITY CLERK