HomeMy WebLinkAboutCAG2020-142 - Original - Port of Seattle - Economic Development Partnership Program Funding Agreement - 04/24/2020Port
of Seattle·
ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT
BETWEEN
THE PORT OF SEATTLE AND CITY OF KENT
S-00320267
This Economic Development Partnership Agreement (the "Agreement") is made
by and between the Port of Seattle (the "Port") ana the City of Kent ("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
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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.
2 . Responsjbjljtjes Qf the. fQrt. The Port shall contribute Sixty-five Thousand and
00/100 Dollars ($65,000.00) (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 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 Agency no later than November 30, 2020, or receipt of the final report,
whichever occurs later.
3 . Responsibilities of the Agency .
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 by November 30, 2020.
4. ~ This Agreement shall be become effective as of the date the Port
executes this Agreement and shall terminate on November 30, 2020, unless earlier
terminated under another provision of this Agreement.
5 . Termjnatjon fQ.r 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 . Termjnatjon 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
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Agency by reason of the Agency's breach as provided by law.
7. Waiyer. 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. Partjal 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. lndemnjficatjon and Hold Harmless Agreement. 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.
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 damage~ 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.
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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. Goyernjnq 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 Relatjonshjp 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 Entjty 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 the following address:
Port of Seattle
Economic Development Division
P. 0. Box 1209
Seattle, WA 98111
Notices to the Agency shall be sent to the following address:
City of Kent
220 4th Ave . S.
Kent, WA 98032
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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. Djspute 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: Fartis Lewis 0,Ujef IV
.SF. Maaaga~. ~UFBhing
.:Pa,N ~
Signaturo 4 ( 'i-l./ { WW
Dated
S-00320267
CITY OF KENT
By:
Page 5 of7
EXHIBIT A -PROJECT
Project Description :
The City is revisiting the Aerospace Joint Apprenticeship Committee (AJAC) Training Center
the Port Partnership Program helped start in 2018 and intends to build on what has been
successfully sustained by its partners, and grow its functionality by targeting additional
populations for training (e.g. incumbent employees in addition to disadvantaged youth or
dislocated employees).
Anticipated activities resulting from the business planning phase of the project include:
• Subsidized, reduced cost trainings for employers
• Non-certified training that is short-term, stackable, and available at flexible hours
• New employer enrollment into AJAC's apprenticeship programs
Scope of Work Description:
Project or
component:
Workforce
Development
-Boosting
Apprenticeship
Advanced
Manufacturing
Adoption of
Career
Connected
Learning in the
Kent Valley
S-00320267
Project goal(s):
• Create new
upskilling and
retraining
opportunities at
the Kent
Advanced
Manufacturing
Prep facility
• To help
businesses
affordably
provide ways to
increase the skill
levels of their
employees
• To increase
localized access
to learning in
Kent Valley and
remove barriers
of travel time
and cost to
students
Output(s) and
final
deliverable(s):
• Business Plan
for Kent
Training
Facility
• Businesses
subscribed to
apprenticeship
model
Estimated Metrics or
completion: measures of
success:
• Program
established
-July 2020
• Report on
progress-
October
2020
• Number of
workers
offered
training
• Number of
companies
who utilized
subsidized
trainings
• Match from
other
promoting
partners and
granting
agencies
• Tuition match
from
employers
and/or
students
Describe the
short-term,
intermediate or
long-term
outcomes of
the project.
• Short-term:
Better
communication
with the
business
community.
• Workers
upskilled,
some of whom
may potentially
be disrupted
by Boeing
supply chain
layoffs or
recent mergers
• Short-term: A
better
understanding
of the
challenges
facing
businesses to
utilize
upskilling
programs.
• Intermediate :
Greater
membership
base in key
economic
Page 6 of 7
Connection to Port of Seattle interests:
development
partners like
AJACand
CAMPS.
• Long-term:
More highly-
skilled
employees
and greater
acceptance of
apprenticeship
model in local
industry and K-
12 systems
Investment by the City of Kent would directly impact the workforce development interests
of the Port of Seattle by furthering the health of the employees in aviation and
manufacturing in Kent Valley, close-in to SeaTac International Airport.
Project Budget
Category: Port of City Monetary City In-kind Total
Seattle Funds Matching Matching Funds
Awarded: Funds: Funds: (Including In-
Kind):
Business Planning $32,500 $32,500
Subsidized Trainings $50,000
Marketing/Outreach of Programs $15,000
Total Funds: $65,000 $32,500 $97,500
Percentag_e contribution to 100% 50%
Port Funds*:
*City monetary and in-kind matching funds must add up to at least 50% of the Port of Seattle's total
contribution.
Collaboration with Partners:
Collaboration is intended with AJAC, CAMPS , and the Workforce Development Council of
Seattle-King County (WDC).
Use of consultants or contractors:
AJAC and CAMPS are potential contractors.
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