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HomeMy WebLinkAboutPK17-506 - Original - Port of Seattle - 2017 Economic Development Partnership - 11/16/2017 Records K err 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 :: w wme swoon aeuan nqum v nYwe nnn m aw NOV y PIWO- row CITY OFKENT ac' CITY CLERK