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HomeMy WebLinkAboutCAG2024-264 - Original - Port of Seattle - ECD Partnership Program Grant - Workforce Development with AJAC - 6/3/24 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Rhonda Bylin ECD Date Sent: Date Required: c 05/29/2024 6/03/2024 Q Mayor or Designee to Sign. Date of Council Approval: Q Interlocal Agreement Uploaded to Website n/a Budget Account Number: Grant? Yes[Z] NoE:] 10004115.53817.1221 Budget?�✓ YesE]No Type: Local Vendor Name: Category: Port of Seattle Grant: Non-Real Property Vendor Number: Sub-Category: 1479366 Original 0 Project Name: Economic Development Partnership Program Grant (S-00321966) 1. Project Details: port funding with 2/3 to 1/3 match ratio. Will support workforce development Ip 9 p P P C initiatives in Kent with AJAC. 60K Grant 31K match for 91K project 40 C (11.111 Agreement Amount: C0 QQQ Basis for Selection of Contractor: E �, *Memo to Mayormustbe attached .1111 Start Date: 61 /03/2024 Termination Date: 12/31/2024 a Local Business? Yes F]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: El Yes In-Process F1 Exempt(KCC 5.01.045) FlAuthorized Signer Verified Notice required prior to disclosure? Contract Number: Yes No CAG2024-264 Comments: Please return a copy to City Clerk's Office, once it has been fully executed. � c IM 3 0 a Date Received:City Attorney: 5/29/24 Date Routed:Mayor's Office 5/30/24 City Clerk's Office 5/31/24 adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 Port of Seattle® ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT BETWEEN THE PORT OF SEATTLE AND CITY OF KENT S-00321966 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 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 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. S-00321966 Page 1 of 6 2. Responsibilities of the Port. The Port shall contribute Sixty Thousand Dollars ($60,000.00) (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 accordance with Exhibit A. 3. Responsibilities of the Aaency. 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 no later than December 31, 2024. 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, 2024. 4. Term. This Agreement shall be become effective as of the date the Port executes this Agreement and shall terminate on December 31, 2024, unless earlier terminated under another provision of this Agreement. 5. Termination Q 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. 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 Agreement 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 negligence. Such obligations S-00321966 Page 2 of 6 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 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 modified in writing by an amendment executed by the Parties, shall be implemented only as described herein. 12. Governina 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 22y Fourth Ave S. P. O. Box 1209 Kent, WA 98032 Seattle, WA 98111 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. S-00321966 Page 3 of 6 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 6-17-2024 Dated Dated 5-00321966 Page 4 of 6 EXHIBIT A Background: The Port of Seattle Economic Development Partnership Program is an annual, cooperative economic development program to help fund local economic development initiatives across King County. Based on a per capita calculation, King County cities (except Seattle) may each receive between $5,000 and $60,000 based on the city's population. The maximum grant allocation for each city, with populations between 5,000 and 60,000 people, is based on one dollar per resident. Population estimates are determined by the Washington State Office of Financial Management. The Port uses the most recent population estimates at the start of the grant cycle. Cities with populations numbering less than 10,000 people are eligible to receive grant funds up to $10,000 and cities with populations numbering more than 60,000 people are eligible to receive grant funding up to $60,000. Grant funds require a 50 percent match of dollars or in-kind resources. In-kind resources can only be used for up to 25 percent of the grant award amount. For smaller cities receiving Port grants of $10,000, cities may use in-kind resources to supplement up to the 50 percent of the match requirement. Project Description: Category: Workforce Development This partnership between the Aerospace Machinists Joint Training Committee dba AJAC Advanced Manufacturing Apprenticeships referred to AJAC hereafter, City of Kent, and the Kent School District(SD)will build capacity for the development of an Automation Technician Youth Apprenticeship to be based in the Kent SD. The project will begin with informing and educating school faculty about AJAC's youth apprenticeship through events, employer tours, and industry roundtables. The intention of these outreach events is to demonstrate how AJAC offerings align with existing CTE programs; to give SD employers a deeper understanding of the advanced manufacturing industry and related opportunities; and to elicit project buy-in from both the SD and businesses based in Kent. Simultaneously, AJAC staff will work with the SD to identify a potential training location and instructor for a pilot youth apprenticeship program in the Kent SD. Smart Goal (Specific, Measurable,Achievable, Relevant,Time-bound): 1. City will work with AJAC to engage existing Kent training agent partners, and identify additional training agent partners, to open more apprenticeship slots in anticipation of future KSD youth apprentices. (June 2024) 2. Host a co-branded Advanced Manufacturing Apprenticeship Event for Kent Schools to educate teachers, school faculty, school administrators and businesses about the advanced manufacturing industry and youth apprenticeship. (estimated October/November 2024) 3. Work with the school district to provide professional development opportunities for teachers to engage with businesses to better align CTE programming with business needs. (On-going) 4. Host at least two employer tours and/or roundtables to further educate school faculty about the local advanced manufacturing industry. (Summer of 2024—September 2024) 5. Educate IEP and 504 instructors about AJAC programs and opportunities to leverage DVR funds for the training of IEP/504 students. (On-going) 6. Identify a potential training location and instructor for youth apprenticeship in the Kent School District. (December 2024) Timeline May—December 2024 Project Metrics: 1. Two (2) Kent-based manufacturing businesses engaged (such as Blue Origin and/or Six Sigma) 2. (2) Employer tours and/or roundtables in September 3. Hold one (1) STEM Awareness Event in October 4. Outreach/Raise awareness to local manufacturing businesses 5. Number of teachers/school faculty participating in tours/events (all attendees should be tracked at every event). S-00321966 Page 5 of 6 6. Provide minutes or summaries of key meetings that highlight school/business engagement. Budget Project: Project Category Port of City City In-kind Total (Please select one of • o Funds categoriesthe e e • e • In- provided) Awarded: • e Project 1: Workforce Buy Local/Placemaking $60,000 $31,005 $91,000 $17,000 Development Project— Partnership with AJAC $7,500 Total Funds: 1 _ $60,000 $31,000 $91,000 $24,500 Percentage 50% contribution to Port Funds*: Collaboration with partners Kent School District, AJAC, and Kent Chamber of Commerce Use of consultants or contractors: AJAC, a statewide apprenticeship program for advanced manufacturing in Kent, will be hired to complete work with the Kent School District. Equity: Provide an overview of how intended projects support economically,socially disadvantaged communities, or WMBE businesses within your city or region. Building new youth apprenticeship career pathways from Kent schools, particularly Title 1 schools,to our leading employers creates more equitable access to opportunity in Kent. Currently, Kent School District does not have youth apprenticeship pipeline similar to Renton or Highline into some Kent's leading employers. S-00321966 Page 6 of 6