HomeMy WebLinkAboutContract CAG-19-153
INTERLOCAL AGREEMENT ESTABLISHING A COOPERATIVE
EFFORT TO SUPPORT REGIONAL ECONOMIC DEVELOPMENT(Startup 425)
This agreement("Agreement") is entered into by and between the cities of Bellevue,
Issaquah, Kirkland, Redmond and Renton, municipal corporations of the State of Washington,
for the purpose of promoting economic development in each of their jurisdictions.
WHEREAS, using such quantifiable metrics as new business formation, startup density
and venture capital investment, it has been shown the cities of Bellevue,Issaquah, lOrkland,
Redmond,and Renton ("Parties")consistently rank among the highest in startup activity within
their boundaries nationwide; and
WHEREAS, in recognition of that fact, the Parties created an informal program known as
Startup 425, whose operations and offerings are designed to support startups and early-stage
companies within the jurisdictions of the Parties; and
WHEREAS,the Parties have determined that formalizing their relationship by this
Agreement will further the goals of Startup 425, benefit the general public served by the
Parties, and enable the Parties to provide financial support toward those ends; and
WHEREAS, this joint undertaking is authorized pursuant to chapter 39.34 RCW, and has
been authorized by the legislative body of each Party.
NOW,THEREFORE,the Parties agree as follows:
1. INCORPORATION OF RECITALS. The Recitals set forth above are an important and
integral part of this Agreement and are hereby incorporated by reference.
2. PURPOSE. The purpose of this Agreement is to acknowledge the Parties'mutual
interest to jointly participate in the administration,operation, and strategy setting for
Startup 425.
3. ADMINISTRATION. No new or separate legal or administrative entity is created to
administer the provisions of this Agreement. Instead, the City of Kirkland will
function as the administrator of Startup 425(the"Administrator'. If necessary to
change the Administrator the Parties may transfer this function to another Party by
agreement of the Parties.
4. POWERS. The Administrator shall have the power to: (1) develop and recommend a
budget; (2) adopt procedures to administer Startup 425; (3) make recommendations
to the Parties concerning planning, policy, and funding for Startup 425 projects; (4)
establish polices for the expenditure of budgeted items; and 5) enter into contracts,
provide accounting and legal services,and execute such other contracts, agreements
or other legal documents necessary for Startup 425 to carry out its purpose.
5. SCOPE.This Agreement allows the following activities:
INTERLOCAL AGREEMENT ESTABLISHING A COOPERATIVE EFFORT
TO SUPPORT REGIONAL ECONOMIC DEVELOPMENT(Startup 42S)
A. Host, edit, and maintain the Startup 425 website.
B. Coordinate provision of the Startup 425 free workshop series for early-stage
entrepreneurs in partnership with a variety of outside partners. Actively
participate in the Eastside startup and small business community to promote a
vibrant ecosystem of entrepreneurs and small business owners.
C. Engage in a long-range planning effort by the Parties in 2019 to chart a future
course for Startup 425 for growth and success, including convening a business
advisory committee to identify unmet needs, revenue generating activities and a
sustainable operations model, to be followed by the implementation of strategies
generated by the plan in 2020. The plan may result in a recommended new
organizational structure. Regardless, the Parties will review management of
Startup 425 at the end of 2020 and may determine to change out or amend the
current management at that time.
D. Quarterly updates for all Parties that cover customers served, services provided,
budget, and other items as requested by the Parties.
E. Other related programs as proposed by the Administrator or the other Parties.
6. TERM AND TERMINATION. This Agreement shall become effective ("Effective Date")
when signed by all Parties and shall remain in effect until December 31, 2020.
Thereafter, the Agreement shall renew automatically for one-year terms ending
December 31 unless any Party gives notice 30 days before the end of the then
existing term that it is withdrawing from the Startup 425 program. The Agreement
shall thereafter remain in effect as to the remaining Parties unless the Administrator
at its sole discretion determines the Startup 425 program is no longer viable without
the Party withdrawing in which event the Administrator will give notice of the date
that it is withdrawing from participation, and the Agreement will terminate on that
date unless the Parties select another Administrator before that date. No jointly-
owned property will be obtained under this Agreement, and any Party's real or
personal property held by the Startup 425 program will be returned to that Party
upon the Party's withdrawal or this Agreement's termination.
7. FINANCING. The cities of Bellevue, Issaquah, Redmond and Renton will each provide
$15,000 annually for 2019 and 2020 to fund Startup 425 management and day-to-
day operations.The first payment will be due 30 days after the Effective Date.
Subsequent payments will be due by January 31 of each successive term. A deferred
account will be established at the Administrator for funds received for Startup 425.
The Administrator will contribute up to $40,000, to manage the Startup 425 program
and its day-to-day operations, and provide accommodations including but not limited
to office space, meeting space, and necessary equipment for its operation.
8. CONTACT PERSONS. For purposes of this Agreement, the following persons shall
serve as contact persons for their respective jurisdictions:
Bellevue: Michael Cummins; mcummins; 'believuewa.gov
Issaquah: Tim Dutter; _mc. ssaqua"w?.co'.f
INTERLOCAL AGREEMENT ESTABLISHING A COOPERATIVE EFFORT
TO SUPPORT REGIONAL ECONOMIC DEVELOPMENT(Startup 425)
Kirkland: Ellen Miller-Wolfe; emwolfe@kirklandwa.gov
Redmond: Jill Smith; jesmith@redrnond.gov
Renton: Jessie Kotarski; jkotarskic rentonwa_gov
9. GENERAL MA I I ERS AND RECORDING.
A. Entire Agreement. This Agreement is the complete expression of the terms
hereof, and any representations or understandings, whether written or oral, not
incorporated herein are excluded.
B. Modification. This Agreement may only be modified in writing and must be
signed by all Parties participating in Startup 425 at the time of the modification.
C. No Assignment. No Party shall have the right to transfer or assign its rights or
obligations under this Agreement without the prior written consent of all other
Parties.
D. Venue. Any action filed under or related to this Agreement must be brought in
King County Superior Court.
E. Recording. This Agreement shall be filed with King County Records by the City of
Kirkland or otherwise made public in accordance with the Interlocal Cooperation
Act.
F. Dispute Resolution. If any dispute arises among the Parties which is not resolved
by routine meetings or communications, the disputing parties agree to seek
resolution of such dispute in good faith by meeting, as soon as feasible. If the
disputing parties do not come to an agreement on the dispute, they may agree
to pursue mediation through a process to be mutually agreed upon, with the
parties to the dispute sharing equally the costs of mediation and assuming their
own costs.
G. No Third Party Beneficiaries. This Agreement is for the benefit of the Parties
only, and no third party shall have any rights hereunder.
H. Retained Responsibility and Authority. Except as expressly provided for herein,
the Parties retain the responsibility and authority for managing and maintaining
their own respective systems and programs related to economic development
activities.
I. Severability. The invalidity of any clause, sentence, paragraph, section, or
portion thereof shall not affect the validity of the remaining provisions of the
Agreement In the event the provision invalidated is necessary for any Party to
continue to receive the benefit it was receiving under the Agreement before the
invalidation, the Parties agree to amend the Agreement to provide a substitute
provision that enables it or them to continue to receive that benefit. If that
INTERLOCAL AGREEMENT ESTABLISHING A COOPERATIVE EFFORT
TO SUPPORT REGIONAL ECONOMIC DEVELOPMENT(Startup 425)
cannot be done,the Agreement will be deemed terminated as of any date
required by the invalidation.
10. COUNTERPARTS. This Agreement may be signed in counterparts and, if so signed,
shall be deemed one integrated agreement.
Approved on this day of , 2019.
INTERLOCALAGREEMENT ESTABUSHING A COOPERATIVE EFFORT
TO SUPPORT REGIONAL ECONOMIC DEVELOPMENT(Startup 425)
Jurisdiction: 'rkland Approved as to form:
.7407
By' G' �
me: J es Lo City Attorney
itle: sistanX /#lpiaer
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INTERLOCAL AGREEMENT ESTABLISHING A COOPERATIVE EFFORT
TO SUPPORT REGIONAL ECONOMIC DEVELOPMENT(Startup 425)
Jurisdiction: Issaquah Approved as to form:
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By; �""�' c._
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Name: Mary Lou Pauly CO Attorney
Title: Mayor
Date: l 77/•
INTERLOCAL AGREEMENT ESTABLISHING A COOPERATIVE EFFORT
TO SUPPORT REGIONAL ECONOMIC DEVELOPMENT(Startup 42S)
Jurisdiction: Redmond Approved as to form:
By: , �1, r 1•! I 4 u /
Name: John Marchione City Attorney
Title: Mayor L 13
Date: 2 i i ?�
INTERLOCAL AGREEMENT ESTABLISHING A COOPERATIVE EFFORT
TO SUPPORT REGIONAL ECONOMIC DEVELOPMENT(Startup 4251
Jurisdiction: Renton Approved as to form:
411111
By: (Y7; 1
Name: Denis Law City Attorney
Title: Mayor
Date: 6 2• `�
Attest 2
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Jason Seth ity C er
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INTERLOCAL AGREEMENT ESTABLISHING A COOPERATIVE EFFORT
TO SUPPORT REGIONAL ECONOMIC DEVELOPMENT(Startup 425)
Jurisdiction: Bellevue Approved as to form:
yy� CIMAW:itBy: " '" '1� ei4V
Name: Brad Miyake City Attorney
Title: City Ma ager
Date: i—t'
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INTERLOCAL AGREEMENT ESTABLISHING A COOPERATIVE EFFORT
TO SUPPORT REGIONAL ECONOMIC DEVELOPMENT(Startup 425)
Attachment B
ADMINISTRATIVE MEMORANDUM OF UNDERSTANDING REGARDING THE
STARTUP 425 INTERLOCAL AGREEMENT
Memorandum of Understanding between the cities of Bellevue, Kirkland,
Issaquah, Redmond, and Renton clarifying paragraph 6 (Termination) of the 2019
Interlocal Agreement Establishing a Cooperative Effort to Support Regional Economic
Development (Startup 425).
WHEREAS, the cities of Bellevue, Kirkland, Issaquah, Redmond, and Renton ("Parties")
created an informal program known as Startup 425, the operations and offerings of which are
designed to support startups and early-stage companies within the jurisdictions of the Parties;
and
WHEREAS, the Parties have agreed to formalize the Startup 425 partnership
("Partnership") through the Interlocal Agreement Establishing a Cooperative Effort to Support
Regional Economic Development(Startup 425) ("Interlocal Agreement") for the purpose of
promoting regional economic development; and
WHEREAS, paragraph 6 of the Interlocal Agreement specifies that"no jointly-owned
property will be obtained under this Agreement, and any Party's real or personal property held
by the Startup 425 program will be returned to that Party upon the Party's withdrawal or this
Agreement's termination"; and
WHEREAS, to clarify what property of the parties would fall within the scope of
paragraph 6 of the ILA,the parties agreed to enter into this Memorandum of Understanding
("MOU") that will allow the parties to list their respective property contributions, if any, and
specify its use and disposal upon a party's withdrawal from or dissolution of the Interlocal
Agreement and;
WHEREAS, certain property, such as the name of the Partnership ("Startup 425"), the
logo, and the website, are integral to the functioning of the partnership and this property was
obtained by certain Parties prior to the entry into force of the Interlocal Agreement.
NOW, THEREFORE, the Parties agree as follows:
1. REAL AND INTELLECTUAL PROPERTY. As part of the program, the Parties have
contributed and individually own the following intellectual property:
a. Program name—Bellevue
b. Logo and associated graphics developed for the program by the design firm
Tribu—Bellevue
c. Website— Bellevue
Page 1 of 7
This MOU may be amended as the program evolves. In accordance with the Interlocal
Agreement, these items"will be returned to that Party upon the Party's withdrawal or
the Agreement's termination."
2. Use of Property. Except by written agreement between the Parties, this property may
not be used for purposes outside of the Partnership, including by the property owner.
3. Amendment. This MOU may be amended only by written agreement of the parties
4. Termination. This MOU will expire on termination of the Interlocal Agreement.
Approved on this day of , 2019.
Jurisdiction: Bellevue Approved as to form:
By:
Name: Jesse Caned City A y
Title: Chief Econ rc Development Officer
Date:
Jurisdiction: Issaquah Approved as to form:
By:
Name: Mary Lou Pauly City Attorney
Title: Mayor
Date:
Jurisdiction: and Approved as to form:
B ! z� tt-
ame: •mes to. -%� City Attorney
Ti istan C_ Ity a ger
Date:
Page 2 of 3
This MOU may be amended as the program evolves.In accordance with the Interlacal
Agreement,these items"will be returned to that Party upon the Party's withdrawal or
the Agreement's termination."
2. Use of Property. Except by written agreement between the Parties,this property may
not be used for purposes outside of the Partnership,Including by the property owner.
3. Amendment. This MOU may be amended only by written agreement of the parties
4. Termination. This MOU will expire on termination of the Interiocal Agreement.
Approved on this I el day of JU.V' ,2019.
Jurisdiction: Bellevue � Approved as to form:
By:
Name:Jesse edo City A ney
Title:Chi conomic Development Officer
Date'
Jurisdiction:Issaquah Approved as to form:
By: (4W1 •
/ f � �a
Name: Mary Lou Pauly Ci yE Attorney
Title: Mayor
Date: ti' l. (9
Jurisdiction: Kirkland Approved as to form:
By:
Name:James Lopez City Attorney
Title:Assistant City Manager
Date:
Page 2 of 3
Attachment B
Jurisdiction: Bellevue Approved as to form:
By:
Name: Jesse Canedo City Attorney
Title: Chief Economic Development Officer
Date:
Page 3 of 7
Jurisdiction: Redmond Ap roved as to form:
BY: roc-
1(Name: Jo Marcfiioiie- - `' City Attorney
Title: May (o
Date: 7/17
Page 6 of 7
Jurisdiction: Redmond Approved as to form:
By:
Name: John Marchione City Attorney
Title: Mayor
Date:
Jurisdiction: Renton Approved as to form:
By: r--
Name: Denis Law City Attorney
Title: Mayor
Date: l�7
Attest:
Jf 2/4V5
Jason A Set C1 r
s.
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Page 3 of 3
Jurisdictioep.; Bellevue Approved as to form:
B y: °6 1/ / oll— (igaritA110,7k .5)rekrce .
Name: Brad Miyake City Attorney
Title: City Manager
Date: ( 17
Page 3 of 7