HomeMy WebLinkAboutContract CAG-19-214
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Port
of Seattle
ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT
BETWEEN
THE PORT OF SEATTLE AND CITY OF RENTON
S-00319819
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
revitalization, such as small business development, industry retention and expansion,
and other economic development projects that support new investment and job
Agreement S-00319819 Page 1 of 12
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. Responsibilities sg Ingt ad. 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 1, 2019, 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 1, 2019.
4. Term. This Agreement shall be become effective as of the date the Port
executes this Agreement and shall terminate on November 1, 2019, unless earlier
terminated under another provision of this Agreement.
5. Termination fgj 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
Agreement S-00319819 Page 2 of 12
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 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 S-00319819 Page 3 of 12
Agreement.
11. jntearatiorl. 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. Govemina 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 Relationshio 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
Cliff Long, Economic Development Manager
1055 S Grady Wy
Renton,WA 98057
Agreement S-00319819 Page 4 of 12
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 OFSEATTLE CITY OF RENTON
By: Paul Reed By: Cliff Long
Sr.Manager, Purchasing Economic Development Manager
Signature Signature /1�
J slip l � ipcc. itt
Dated Dated
Agreement S-00319819 Page 5 of 12
Amor
Port .w
of Seattle.
EXHIBIT A-PROJECT
Project Description:
The City of Renton Economic Development Division is committed to promoting economic vitality
and strategically positioning Renton for the future.The four core components of the 2019
economic development strategy, and the impetus for the selection of projects below, align with
the goals of the City's business plan and include:
• Recruiting and retaining businesses to ensure a dynamic, diversified employment base;
• Nurturing entrepreneurship and fostering successful partnerships with businesses and
community leaders;
• Leveraging public and private resources to focus development on economic centers;
and
• Promoting Renton as the progressive,opportunity rich city in the Puget Sound region.
Sco. - of Work Descri. Ion:
Project or Project goal(s): Outcome(s)and final Estimated Metrics or measures
component: deliverable(s): completion: of success:
1.Business • The City will • Demographic& Recruitment will • Report with market
Recruitment: continue working psychographic continue analysis of business
retail training with retail update(Retail Trade through Oct climate.
and promotion consultants,The Areas&Community) 2019;
• Developer&Broker
Retail Coach,to • Retail Gap(Leakage) measurement Opportunity
build on the success data available
of the previous year Analysis Nov 2019. Packages
and resume • Cell Phone Analysis • Recruitment Update
conversations with • Updated Site Profiles Summary including
targeted retailers for 3 key retail areas the number of
and developers in Renton. businesses contacted
identified for for recruitment
recruitment. • Updated target lists discussions.
of retailers,real • Number of new
• A fresh analysis of estate developers&
the market will retail brokers businesses locating
develop a realistic in the City.
Retailer Specific
•
vision of how to
generate new Feasibility Studies
investment within • Identification&active
the downtown based recruitment of
on demographics, retailers&
psychographics and developers that are
existing retail gaps. well suited to Renton
• New marketing and and that are in line
branding materials with the City's
will be created for economic
use at future development goals.
Agreement S-00319819 Page 6 of 12
conferences and to !• Proactive I
send to targeted Recruitment of
retailers,developers I
Retailers& t
and brokers Developers, including 6
interested in Renton. ? phone calls,emails,
and site visits
• Representation for
the City of Renton at
National Retail
Conferences
2 Downtown }• Focus on growing a Creation of a clear • Marketing tools • Increased attendance
{ Revitalization: ; the downtown well-marked map,to (map and 9 at public events will
downtown economy using define commercial mobile tour indicate how
branding and i place making and recreational application successful the City's
promotion strategies to make ! areas in(and around) completed by i marketing efforts are
downtown more the downtown; May); at attracting locals .
inviting;capitalizing highlighting available measurement and visitors
on the downtown's facilities and things to data available downtown.
civic,cultural, & see and do in the November • Higher hotel
entertainment assets downtown;providing 2019. occupancy rates
to further support the orientation to out of
vibrant environment town guests and (connected with
needed for a thriving encouraging visitors
selected events)to
city center. demonstrate the
• Widespread City's success at
• Creation of a mobile distribution of becoming an
application/tool to ? Downtown map 3 attractive tourist
allow visitors to take (along with event destination.
virtual and walking calendars and fliers • Increase in
tours to points of promoting downtown 's
! 1 attendance rates
interest in the events)to area i
Downtown. hotels,visitors over previous
numbers.
• Showcase existing centers,
downtown neighborhoods,and • Reports revealing
merchants and surrounding ? increased traffic to
restaurants through communities to 3 and engagement with
the creation of a
expose new the Renton
Downtown map to audiences to events downtown webpage
distribute to area in Renton's and through the
hotels and visitor Downtown. I mobile tour app.
centers '• Increased social
Provide financial, media promotion and
organizational and co branding with
marketing support event organizers
for annual events
(including the
Renton Wine Walks
Food truck Rodeos,
Summer Concert
Series,celebration
of public art
installations,etc_)
that hi<hliht the _._... i . .. .,._.. ...»
Agreement S-00319819 Page 7 of 12
community's unique
assets,attracting
out-of-town visitors.
3.Downtown • The City of Renton • Provide additional • Selected • The design,
Revitalization: will once again offer incentives for retail businesses and purchase,and
downtown a small fa9ade businesses to invest projects installation of new
branding and improvement in business signs and defined by signage;or other
promotion program to store window lighting June 2019; exterior
encourage property to improve overall project improvements at
owners and commercial facade completion and Downtown
businesses to appearance and final reports businesses.
improve the exterior refresh the available Reduction of
appearance of their appearance of the October 2019. unsightly and
buildings and retail district. • inappropriate signage
storefronts. • • and awnings.
• The focus will be on • •
art-based business
signage and exterior
improvements to
encourage the
perception of
downtown as an arts
center and retail and
tourist destination.
4 • Continue to support • •
Entrepreneurial the growth of the
Support: regional efforts of
Training and the Startup 425
assistance to program(now
encourage and supported by the
attract new adoption of an inter-
businesses local agreement
between the Cities
of Renton,
Redmond,Kirkland,
Issaquah and
Bellevue);offering
business support
and training to
entrepreneurs as a
means to advance
job creation and
create new
opportunities for
residents.
• Support the
development of
Agreement S-00319819 Page 8 of 12
additional
I programming,doing
more in-depth
3 community
engagement,and
' long-term strategic
I plan for the program.
i• Support marketing
efforts to promote
E the program through
r social media,web
i and print advertising t {
b• ;• The City has irhe result of a 12 week !The results of the • A completed
Entrepreneurial received feedback Leminar conducted by students work(and business plan.
Support: I indicating a need for the UW Bothell School of t.he completion of working model and
encourage, commercial kitchen Business will result in: khe business plan) implementation guide
influence,and 'facilities to support . ill be completed a functioning P ( to support the
guide the the start-up and ' business plan,a by June 2019. ( creation of a
creation of a ! expansion of value-P complete , commercial kitchen
food business I added businesses. ; assessment of The outcome of the I business incubator in
incubator Currently,the equipment anddowntown Renton.
process and the
program in closest community building improvement reports from the I. Commitments from
downtown commercial kitchen [ needs. initial phases of identified
Renton : operation is located h °implementation will stakeholders who will
in Seattle(and there Identification of key `be available in provide future
are limited resources i stakeholders
including November 2019. support services in
south of the City). 1
Renton is partnering representation from the incubator space
with the Universityof the business and
WA and the agricultural
Entrepreneurship communities, local
Seminar to support nonprofit
the creation of a organizations,and
commercial kitchen 1 higher education who
business accelerator ( will provide
sustaining support
in downtown and services for the
Renton
( incubator space. .
• Identification of and
initial conversations
with investors and
interested support
partners.
• Identification of
emerging,start-up I
and existing value-
added oriented
businesses who will
utilize the space.
• Identification of
I I desirable/feasible
features and services ' e
of a commercial
_W, kitchen desioned r k
Agreement S-00319819 Page 9 of 12
specifically for
Downtown Renton
6.Small In an effort to support The City will offer a A series of Stronger connections
Business existing businesses in series of workshops workshops will b developed within the
Development: Renton and to throughout the City(in held between Small Business
Business encourage the growth Downtown and in the March and Community in Renton
development of these businesses Sunset area)in both October 2019. measured by
workshop and boost job creation, English and spanish in an Attendance increased
series the City will offer a effort to reach a more reports and participation in
series of workshops to broad audience of audience surveys workshop offerings
connect mentors from business owners will be available and follow up with
the local business reflective of the diversity in November small businesses
community with existing of the City. Topics will 2019. reporting
small businesses and include: implementation of
expanding companies • Best practices for skills learned(or
to conduct a variety of connections made)
networking
free,educational digitalthrough the
• Utilizing workshops that provide workshops.
valuable information media tools and
necessary for growing cultivating a brand
and managing a online
successful business in • How to craft an
the current economy. elevator pitch that
sells
• Creating effective
storefront and
window displays
• Merchandising
• And additional topics
geared toward skill
building for small
business owners in
Renton
Connection to Port of Seattle interests:
The projects outlined above were designed with the intent to further enrich the current
relationship with the Port of Seattle and to continue to build on the shared goals of the Port and
the City of Renton.The City of Renton is committed to driving economic growth on a local and
regional scale and fully supports the Port's efforts to raise the regional image as a business
location and tourism destination.
The City's investments in local businesses at all stages of development,from incubator to
international expansion,help identify and foster new and existing businesses that add value to
the region and can serve as future partners in sustained growth and vitality.The City is proud of
the achievements that have been made in collaboration with surrounding municipalities and
economic development organizations as a result of the continued support from the Port.The
City has witnessed exponential growth in the expansion of entrepreneurship opportunities
Agreement S-00319819 Page 10 of 12
across the region since the Port's Economic Development Program first launched the
partnership program.Workshop opportunities and development service offerings have created
countless touchpoints and avenues for new businesses to be connected with the City's
economic development team.With the growth of the program in 2019,the City anticipates
contact with even more startups and small businesses who will eventually locate in the region
as a result of the projects outlined above.
The City of Renton Economic Development team is committed to promoting economic vitality
and strategically positioning Renton for the future.Tourism promotion and generating targeted
campaigns to draw visitors to the City, and the region as a whole, remains a priority.
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.
Pro ect Bu. et
Category: Port of " City Monetary City In-kind Total
Seattle Matching Matching Funds
Funds` Funds: Funds: (Including In-
Kind):
(+Business Recruitment $20,000 $10,000 $30,000
Entrepreneurial Support $30,000 $15,000 $45,000
Small Business Development $4,000 $2,000 $6,000
Downtown Revitalization $11,000 $5,500 $16,500
Total Funds; $65,000 $32,600 $97,500
percentaa a contribution j0 100% 50%
port FundsA AN
'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:
The City of Renton will partner with a number of community organizations in order to complete
a number of the projects listed above.
• Startup 425-as a partner City in the Startup 425 program, Renton will continue to
collaborate with the other four eastside cities(Redmond, Kirkland, Issaquah and Bellevue)
to offer resources and workshops designed to support and foster the entrepreneur
environment on the Eastside of the region.
• King County Library Systems-the library continues to serves as a partner in efforts to
support the small business community and the efforts of the Startup 425 program through
their sponsorship and use of their beautiful facilities and marketing resources.
• Renton Downtown Partnership-Renton's Main Street partners continue to partner with 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.
Agreement S-00319819 Page 11 of 12
• Renton Municipal Arts Commission-The Arts Commission partners with the City in the
promotion of Renton as an arts and culture destination.Several of our programs involve
partnerships with other communities or organizations.
Use of consultants or contractors:
The City of Renton Economic Development Division will continue to contract with national
retail consulting,market research and development firm,The Retail Coach,to build on the
initial research and recruitment efforts established in 2018.
Agreement S-00319819 Page 12 of 12