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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 S-00320267 Page 1 of 7 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 S-00320267 Page 2 of 7 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. S-00320267 Page 3 of 7 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 S-00320267 Page 4 of 7 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. S-00320267 Page 7 of 7