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HomeMy WebLinkAboutContractS-00320662 City of Renton Page 1 of 10 ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT BETWEEN THE PORT OF SEATTLE AND CITY OF RENTON S-00320662 This Economic Development Partnership Agreement (the " Agreement") is made by and between the Port of Seattle (the "Port") and the City of Renton ("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 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 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 initi ative described in Exhibit A, attached and incorporated hereto by this reference (the "Project"). This Agreement shall be interpreted in furtherance of this purpose. S-00320662 City of Renton Page 2 of 10 2. Responsibilities of the Port. The Port shall contribute Sixty Thousand and 00/100 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 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 December 31, 2021. 4. Term. This Agreement shall be become effective as of the date the Port executes this Agreement and shall terminate on December 31, 2021, unless earlier terminated under another provision of this Agreement. 5. Termination for Convenience. The Port may terminate this Agreement at any time for any reason, 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 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 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, S-00320662 City of Renton Page 3 of 10 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. 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 the following address: Port of Seattle Economic Development Division P. O. Box 1209 Seattle, WA 98111 Notices to the Agency shall be sent to the following address: City of Renton 1055 S Grady Way Renton WA 98057 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. Disoute 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 RENTON By: Suzanne Brown By: Purchasing Manager j�t{gvl& �'`Z -x) �r Signature Signature `Y/ L?el 4-28-2021 Date Date •RENTo41 ''hi C�RP,ORA�E�p• 5-00320662 City of Renton Page 4 of 10 S-00320662 City of Renton Page 5 of 10 Attachment A – Scope of Work Background: 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. Working closely with the small business community in Renton, the City’s Economic Development Division has identified three initiatives that we feel most strongly will help foster recovery in the COVID-battered economy. Based on the shared needs communicated from business owners and community partners, the greatest need is to ensure visibility to customers during the re-opening period, and to stimulate spending and travel in the City. In order to work toward this goal and support the business community in recovery, the team has committed to the following projects: • Tourism development, with an emphasis on local business support; in partnership with community stakeholders, the Renton Community Marketing Campaign aims to enhance community pride among those who live, work, learn and play in Renton and provide tools for local businesses to promote themselves and actively participate in the campaign efforts. The plan for 2021 is to build and expand on the “Make Yourself at Home” campaign and continue work with our partners at JayRay Creative Marketing to manage a digital marketing and social media campaign to target local support and attract visitors and investors from outside of the State of Washington. • Small Business Assistance through a targeted marketing campaign designed to draw visitors to downtown Renton, encourage consumer spending and retain local businesses. Already reeling from the effects of COVID closures, the small businesses in downtown Renton have faced the challenge of attracting customers to their store fronts in the midst of major construction in the city center. Detours, road closures and limited parking discourages traffic to the downtown businesses and the impacts on sales have been dramatic. A multi-pronged marketing campaign will improve visibility for businesses in the area and serve as a reminder that despite the impediments of construction, commercial areas are open for businesses. A robust digital marketing campaign will encourage shoppers to return to the downtown and highlight the faces and stories of the downtown business owners who still need support from the community. Campaign materials could include banners, enhanced business signage and creative markers to highlight available parking options. Creative promotions will attract additional customers and could include construction specials such as coupon books, publicized discounts, or special events. • Small Business Assistance through direct service to eastside businesses in response to the economic crisis caused by COVID-19. Expanding on the recovery efforts of the eastside City partners, the Startup425 program and reStartup425 initiative will continue to provide general business support services and creative solutions for businesses struggling to regain stability following the negative impacts of COVID-19. The partner cities wish to extend the contract with Business Impact Northwest, a local Community Development Financial Institution (CDFI), to ensure every business owner in the Startup425 area has access to individualized, responsive, informed and easy to access information to help them survive and recover from the economic impacts of COVID-19. 2. Brief Description Bullets: Summarize the complete scope of work and goals briefly using 2 - 4 bullets. Please keep each bullet to 1 or 2 sentences. These bullets are meant to be a very brief synopsis the project(s) the Port of Seattle is funding in each city and may be used to describe each city’s project(s) to the Port of Seattle Commission, to the public, and with local media. Tourism Development: • Develop and execute a local business support campaign to address challenges and increase spending. • Targeted leisure campaigns, highlighting Renton’s diverse visitor offerings, including its wide-open spaces. • Increase sales among local hospitality businesses by appealing to community solidarity and equipping local merchants to promote themselves with the use of digital toolkits and tutorials. Small Business Assistance for Downtown: • A strategic marketing plan identifying quarterly promotion themes, relevant goals and basic key messages to communicate to the community and surrounding region that downtown Renton is open during construction. S-00320662 City of Renton Page 6 of 10 • Inspire Renton-area residents to brave the downtown construction and shop and eat locally using regular promotions and activities. • Support community connection through business profiles based on interviews with local business owners that provide the opportunity to learn about the stories behind their businesses. Startup 425: • A collaborative effort to expand entrepreneurship opportunities across Eastside Communities • Providing access to tools to help businesses go from an idea to a successful and sustainable outcome • Lowering barriers to entry for non-traditional and first-time founders to keep our ecosystem diverse, encourage collaboration, and provide pathways to prosperity for our whole community (re)Startup 425: • A collaborative regional effort to support businesses and nonprofits in their response to the coronavirus crisis • Providing direct assistance through our Business Response Team • Providing resources including federal/state/local information, an events calendar, and a “what’s open” map 3. Project Scope of Work: Outline project title or components, economic impacts of COVID-19 the project is addressing, project goals, project deliverables, and metrics (measurable 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 title or component: COVID-19 Economic Impacts: Project goal(s): Project deliverable(s) and estimated completion: Metrics (measurable outcomes): Local Business Support Renton Community Marketing Campaign • Community spending has not recovered; biggest challenges are fear of contracting COVID-19 and concerns about spending disposable income • Increase sales among local businesses (retail, food & beverage, hotels, etc). • Retain as many local businesses as possible • Enhance community pride among those who live, work, learn and play in Renton • Equip local businesses to promote themselves • Develop and execute a strategic marketing & recovery plan; including a local business support campaign to address challenges and increase local spending • Report summarizing campaign results by November 2021 • Campaign results year to date by November 2021 • Goals will be set after current marketing plan ends, evaluating appropriate increases. Measurable outcomes will include: • Impressions, clicks, CTR, downloads, bounce rate from campaign landing pages, page views and/or sessions from campaign • Companies that visited site and how many came from paid campaign Small Business Support - Downtown Business Retention & Promotion During Construction • Renton’s downtown businesses have been severely impacted by COVID-19 closures and invasive—but necessary— street construction. Businesses are struggling to • To ensure retention of downtown Renton businesses • Promote open businesses and parking options to residents and visitors with strategic marketing support • Leverage creative community • Marketing and promotion strategy by April 2021 • Report summarizing planned activities, earned media (reach and value) events (attendees, ticket sales) and promotion efforts (reach, impressions, engagement rate and CTR) by Results from these activities will be a benchmark for future strategies and promotions. Measurable outcomes will include: • The number of visitors, vendors, exhibits, etc., • Website metrics (users, sessions, pageviews, bounce S-00320662 City of Renton Page 7 of 10 keep their doors open during street closures and detours engagement tactics to draw residents and visitors to downtown. Activities include public art installations, temporary signage, Phase-appropriate events • Positive earned media coverage for downtown businesses and community engagement November 2021 rate, top acquisitions channels, most visited pages) • Media relations (influenced articles, reach and value) • Digital marketing (reach, impressions, CTR, engagement rate) • Number of “buy local” activities that support the campaign strategy and community engagement outcomes Startup 425 and (re)Startup 425 Collaboration with eastside cities To provide one- on-one technical support services to start-ups, entrepreneurs and small businesses Respond to the COVID-19 crisis by providing assistance to regional businesses • Communicate availability of one- on-one technical support services to start-ups, entrepreneurs and small businesses • Foundations Seminars (30 students per Spring/Fall session) • Small Business Essentials workshops (4 students – Summer) • Boost Your Business (virtual bootcamp – 300 registrants, 40 vendors, 1-3 workshops – Summer/Fall) • Establish the Business Response Team to provide one-on-one assistance to small businesses including contracting with ‘Business Impact NW’ (BINW) to provide technical assistance including loan packaging and financial advice • Continue outreach to increase • October/November 2021 • Maintain log of business assistance provided Survey those assisted through workshops • Implementing five- year strategy • Seat full complement of participating businesses • Evaluation of businesses needs • Evaluation of BINW metrics including quantity, sector, and type of assistance rendered • Evaluation of website metrics • Evaluation of outreach and communications efforts S-00320662 City of Renton Page 8 of 10 knowledge and awareness of ongoing services available to aid entrepreneurs and small business in regional recovery 4. 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. The selected projects for 2021 are designed to drive economic recovery and growth following the struggles created by a community impacted by COVID-19. The programs support the Port’s current efforts to connect the region to recovery while ensuring health and safety, preserving regional jobs and supporting an inclusive, resilient and sustainable economy. Built on collaboration, the Renton Community Marketing Campaign, made up of community stakeholders (City, Chamber, Schools, Technical College and Valley Medical) is well positioned to create an authentic, relevant and differentiating strategy to effectively promote our community and region as a destination for tourism, recreation, residential amenities, business opportunity and investment. The campaign serves as a tool to retain as many local businesses as possible, grow leisure tourism and articulate a business-friendly climate and high quality of life. The downtown marketing strategy will help the businesses most impacted by the effects of COVID-19 and struggling to keep their doors open, and their staff employed, during construction. The campaign will provide economic and financial tools to assist small businesses in the City Center, serve to enhance perception of safety in the downtown, and create a supportive environment for small business owners and innovators that drive local economies. The work of Startup 425 benefits the Port of Seattle and aligns with its business interests. This entity will recruit new ICT companies to the region while creating and growing companies locally. Specific benefits to the Port are as follows: • Support and education of women and minority-owned business enterprises • Offer training and business opportunities for local business in trade, travel, and logistics, etc. • Increase exports from King County • Establish and maintain the Puget Sound as a technology hub • Increase business travel at SeaTac • Nurture small businesses that could become qualified vendors for the Port’s construction and goods and services programs 5. 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. S-00320662 City of Renton Page 9 of 10 Project: Project Category (Please select one of the categorie s provided) Port of Seattle Funds Awarde d: City Monetar y Matchin g Funds: City In- kind Matchin g Funds: Total Funds (Includin g In- Kind): Project 1: Renton Community Marketing Campaign Tourism $33,333 16,667 $50,000 Project 2: Startup 425 program Small Business Assistanc e $16,667 $8,333 $25,000 Project 3: Business Retention & Promotion During Construction Small Business Assistanc e $10,000 $5,000 $15,000 Total Funds: $60,000 $30,000 $0 $90,000 Percentage contribution to Port Funds*: 100% 50% 0% 6. 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)? The Renton Community Marketing Campaign is a program built on community collaboration. The stakeholders include the five community partners; Renton Schools, Renton Technical College, Renton Chamber of Commerce, Valley Medical and the City. In addition to the campaign partners, members representing the lodging tax advisory committee (hotel managers, non-profit leaders, and direct marketing organizations) are included in regular update meetings for their perspective and insights into the needs and status of the hospitality industry in Renton. Additional support and regular collaboration exists between partners at the Renton Downtown Partnership (a 501c(3)) and the Renton Municipal Arts Commission. • Renton Downtown Partnership — Renton’s Main Street partners continue to support the City in a shared mission to cultivate a vibrant social, cultural and economic center in Downtown Renton by bringing together the community, non-profits and city center stakeholders while celebrating the unique historic character of Renton’s Downtown. • Renton Municipal Arts Commission — the Arts Commission is a partner with the City committed to promoting Renton as an arts and culture destination. Their facilitation and dedication to public art and providing the community access to cultural activities are critical to our efforts to revitalize downtown, heighten the quality of life for our citizens and attract tourists. Renton continues to join forces with the other eastside cities (Redmond, Kirkland, Issaquah and Bellevue) and the SCORE mentors and leaders in the efforts of the Startup425 and expanded (re)Startup425 offerings to support and S-00320662 City of Renton Page 10 of 10 foster the small business environment on the Eastside of the region. In addition, the following organizations are involved in the planning and execution of the program; King County Library System (KCLS), the Small Business Development Center (SBDC), the Small Business Administration (SBA), the Service Corps of Retired Executives (SCORE), the Greater Seattle Partners (GSP), Bellevue College, Washington State Office for Regulatory Innovation and Assistance, and many others. 7. 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. Through a competitive RFP process, the Renton Community Marketing Campaign partners selected JayRay PR & Creative Marketing to receive the contract for the campaign. This full-service creative marketing and strategic communication team has proven to be a highly effective partner in the marketing of the city and the region. Contact Information City: City of Renton Federal Tax ID: 91-6001271 Address: City of Renton 1055 S Grady Way Renton, WA 98057 Contact Name: Jessie Kotarski Title: Project Manager Telephone: 425-430-7271 Email: Alana.mccoy@duvallwa.gov Alternate Contact: Cliff Long Title: Economic Development Director Email: clong@rentonwa.gov Phone: 425-430-7271