HomeMy WebLinkAboutCAG2022-227 - Original - Port of Seattle - Economic Development Partnership Program - 05/26/2022ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
Director or Designee
Date of Council Approval:
Grant? Yes No
Type:Review/Signatures/RoutingComments:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? Yes No*
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If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
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Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover
Sheet forms.
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Budget? Yes No
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Rhonda Bylin ECD
05/26/2022 5/31/2022
✔n/a
10004115.53817.1221
✔
✔
Local
Port of Seattle Grant: Non-Real Property
1479366 Original
Economic Development Partnership program
Port funding with 2/3 to 1/3 match ratio will support a multiple Kent
Economic development initiatives emphasizing small business support.
5/26/2022
Direct Negotiation
12/31/2022
Port agreement number is S -00321124. CoK match will be $60,000.
120,000
CAG2022-227
5/27/22
S-00321124 City of Kent Page 1 of 7
ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT
BETWEEN
THE PORT OF SEATTLE AND CITY OF CITY OF KENT
S-00321124
This Economic Development Partnership Agreement (the " Agreement") is made by and between the Port of Seattle (the "Port") and 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 suc h
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 mat ch 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
WHEREAS, the Program will make grants to cities that pursue programs and pr ojects that stimulate
business development, job creation and community revit alization, 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 contrac tual 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 init iative described in Exhibit A, attached and incorporated hereto by this reference
(the "Project"). This Agreement shall be interpreted in furtherance of this purpose.
S-00321124 City of Kent Page 2 of 7
2.Responsibilities of the Port. The Port shall contribute One Hundred Twenty Thousand and 00/100
Dollars ($120,000.00) (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 (s)
detailing those Project deliverables completed in acco rdance with Exhibit A.
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 Gran t Funds to any of
the Agency's contractors or subcontractors.
3.3 The Agency shall complete the Project no later than December 31, 202 3
3.4 The Agency shall provide a complete and correct invoice(s) detailing those Project
deliverables completed in accordance with Exhibit A no later than December 31, 202 3
4.Term. This Agreement shall be become eff ective as of the date the Port executes this Agreement and
shall terminate on December 31, 2023, unless earlier terminated under another provision of this Agreement.
5.Termination for Convenience. The Port may terminate this Agreement at any time for any r eason,
by giving the Agency thi rty (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.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 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
Agency by reason of the Agency'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 Ag reement is or becomes void or unenforceable by force
or operation of law, all other provisions hereof shall remain valid and enforceable.
9.Indemnification 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 n egligence. Such obligations shall not be construed to negate,
abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise e xist 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
S-00321124 City of Kent Page 3 of 7
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 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.
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 modifie d in writing by an amendment executed by the Parties, shall be
implemented only as described herein.
12.Governing 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 Agency 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 Agency and the Port.
15.Notices.
Notices to the Port shall be sent to: Notices to the Agency shall be sent to:
Port of Seattle City of Kent
Economic Development Division 400 W. Gowe St
P. O. Box 1209 Kent, WA 98032
Seattle, WA 98111
S-00321124 City of Kent 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. Dispute 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: Colby Wattling By:
Buyer III
_______________________ ________________________
Signature Signature
_______________________________ ________________________________
Dated Dated
S-00321124 City of Kent Page 5 of 7
EXHIBIT A
1.Project Description: Summarize the project(s) you plan to implement and explain how project(s) address COVID -19
economic issues in your city. Include a brief description of the project goal(s) and summary of COVID -19 economic
impacts being addressed.
Food Business Acceleration
•Study of business incubation, private market services, and more explicit connections between CDFIs looking
to create business acceleration services for BIPOC business owners —particularly in the food industry, as
well private market assistance.
•Creation of food specific curriculum for cohorts in new regional BIPOC Business Acceleration network, and
build a plan to recruit and guide cohort sponsorship.
•Identify a plan of investment to wrap around community incubation and production spaces .
•Create an industry mentor and advisory network.
Community partnerships and contract agreements within a south King County food business ecosystem
•Building on previous year’s Food Entrepreneur Center study, work to flesh out more of the programmatic,
non-facility specific attributes in particular, governance and agreements between participants.
2.Project Scope of Work: Outline project title or components, economic impacts of COVID-19 the project is
addressing, project goals, project deliverables, and metrics (mea surable outcomes) using the table below. View
Appendix B for sample metrics, measures of success, and data sources. The table is used in the agreement between
the Port of Seattle and each city.
Project Category: Small Business Assistance
Project Goal(s) Timeline
(Start and
end
dates):
Actions Project metrics Project
outcomes/deliverable
s
Food business
acceleration
May
2022 –
December
2023
•Study of business incubation,
private market services, and
more explicit connections
between CDFIs looking to
create business acceleration
services for BIPOC business
owners—particularly in the
food industry, as well private
market assistance.
•Creation of food specific
curriculum for cohorts in new
regional BIPOC Business
Acceleration network and
build a plan to recruit and
guide cohort sponsorship.
•Identify a plan of investment
to wrap around community
incubation and production
spaces.
•Finished report
•Number of
convenings with
industry and
community-based
organizations
operating with
client referral
network
•Plan for food
entrepreneur
focused seed fund
•Identification of
key technical
assistance gaps,
and
enhancements
(e.g., food safety
consultations)
•Investment in the
continuum of food
business technical
assistance available
in the region
•Create an industry
mentor and advisory
network
•Develop a plan for
access to capital for
scaling entrepreneurs
S-00321124 City of Kent Page 6 of 7
•Create an industry mentor
and advisory network.
Project Category: Small Business Assistance
Project Goal(s) Timeline
(Start and
end
dates):
Actions Project metrics Project
outcomes/deliverables
Community
partnerships and
contract agreements
within a south King
County food business
ecosystem
May 2022 –
December
2022
•Building on
previous year’s
Food Entrepreneur
Center study, work
to flesh out more of
the programmatic,
non-facility specific
attributes…in
particular,
governance and
agreements
between
participants
•Convenings
•Outlines for
community
contracts
•Community contracts and
agreements between non-
profit organizations
operating in the food space
3.Connection to Port of Seattle interests: Explain how your project benefits the Port of Seattle and ties to the Port’s
business interests?
*Port business interests tie closely to the health of aviation, maritime/ logistics, manufacturing, and construction/
trades clusters. Tourism is another important industry to the Port of Seattle.
Closely connects to logistics, manufacturing, and tourism clusters through support for BIPOC entrepreneurs in the
food sector seeking to scale up their food and beverage manufacturing business lines —while also increasing the
amount of locally available food stuffs to showcase to tourists.
4.Project Budget: Identify each project budget category, total funds (including the monetary value of in-kind
resources), Port of Seattle funds and City monetary and in-kind matching funds. Include the total funds from each
column in the second to last row. Include the percentage contributions to the Port of Seattle’s contribution in the last
row. This table is used in the agreement between the Port of Seattle and each city.
Project: Project Category
(Please select one of
the categories
provided)
Port of
Seattle
Funds
Awarded:
City
Monetary
Matching
Funds:
City In-kind
Matching
Funds:
Total
Funds
(Including
In-Kind):
Project 1: Food Business
Acceleration
Small Business
Assistance
$60,000 $30,000 $90,000
Project 2: Community
partnerships and
contract agreements
Small Business
Assistance
$60,000 $30,000 $90,000
S-00321124 City of Kent Page 7 of 7
within a south King
County food business
ecosystem
Project 3 Choose an item.
Total Funds: $120,000 $60,000
Percentage
contribution to
Port Funds*:
50%
*City monetary and in-kind matching funds must add up to at least 50% of the Port of Seattle funds awarded. In-kind
resources can only be used for up to 25 percent of the grant award amount. See program guidelines for more details.
5.Collaboration with partners: Please identify any community organizations (chamber of commerce, neighborhood
associations, Small Business Development Centers, SCORE, Greater Seattle Partners, etc.) you plan to work with to
complete all or part of your project(s)?
King County Local Food Initiative (and consultant team New Venture Advisors) Living Well Kent, Wakulima USA,
Project Feast, Global to Local, Highline College StartZone, and Business Impact Northwest.
Project 1 will primarily consist of King County and their contractor New Venture Advisors, Business Impact
Northwest, and Global to Local’s Food Innovation Network, which includes StartZone.
Project 2 will primarily consist in funding for local Kent CBOs and non-profits that interface with and offer services to
food entrepreneurs by supporting capacity building with them, and at organizations such as Living Well Kent, Project
Feast, Wakulima, and World Relief.
6.Use of consultants or contractors: If you plan to use consultants or contractors to complete all or part of the
project, please identify the firm or type of firm you plan to hire for this project.
The City is considering how best to continue the work begun last year in partnership with the Port of Seattle and King
County utilizing the firm New Venture Advisors—national experts in public partnerships for the benefit of small
manufacturers, producers, and farmers. The City is also looking to directly fund the on -going participation of partners
to a food entrepreneur center, including but not limited to Living Well Kent, Wakulima USA, Project Feast, Global to
Local, Highline College StartZone, and Business Impact Northwest. Potentially Culinex.