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HomeMy WebLinkAbout5368 RESOLUTION NO. 5 3 6 8 A RESOLUTION OF THE G1TY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND GREEN RIVER COLLEGE FOR THE PURPOSE OF PROVIDING SMALL-BUSINESS EDUCATION AND TRAINING WHEREAS, the City of Aubum (the City), has entered into an agreement with the Port of Seattle to accept grant funds from the Port of Seattle to be used for Economic Development purposes; and WHEREAS, the City has, with the Port of Seattle grant funds, opened and currently operates a Business Incubator; and WHEREAS,the purpose of the Business Incubator is to provide office space and support assistance to small businesses and start-up businesses; and WHEREAS, the grant funds from the Port of Seattle permit expenditure for small business training and workshops; and WHEREAS, Green River College has a Small Business Center and a Small Business Development Center which can provide business expertise, support services, and business training and workshop opportunities; and WHEREAS, the City desires to contract with Green River College to provide certain business support, training, workshop, and ancillary services in connection with the City's Business Incubator; and WHEREAS, the parties are authorized by Revised Code of Washington 39.34 to enter into agreements for the joint exercise of governmental powers. Resolution No. 5368 May 7, 2018 Page 1 of 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO RESOLVE as follows: Section 1. The Mayor is hereby authorized to execute an Interlocal Agreement with Green River College for the purpose of providing small business educational trainings and courses, in substantial conformity with the agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. This Resolution shall take effect and be in force upon passage and signatures thereon. r DATED and SIGNED this��day of � , 2018. CITY OF AUBURN NANC ACKUS, MAYOR ATTEST: �.�c �� Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney - Resolution No. 5368 May 7, 2018 Page 2 of 2 Exhibit A INTEItLOCAL AGREEMENT Between The City of Auburn And Green River College sr This Interlocal Agreement ("AgreemenY') is entered into on this��ay of � , 2018 (the"Effective Date"),by and between the City of Auburn, a municipal c rporation organized under Title 35A of the Revised Code of Washington(the "City") and Green River College, a community college district enumerated in Section 28B.50.040 of the Revised Code of Washington("GRC"), for the purpose of providing business courses, workshops and ancillary support services to members of Auburn's Innovation Partnership Zones Business Incubator. WHEREAS, the City has entered into an agreement with the Port of Seattle to aecept grant funds from the Port of Seattle to be used for Economic Development purposes; and WHEREAS, The City has, with the Port of Seattle grant funds, opened and currently operates a Business Incubator; and WHEREAS, the purpose of the Business Incubator is to provide office space and support assistance to small businesses and start-up businesses; and WHEREAS; the grant funds from the Port of Seattle permits expenditure for small business training and workshops; and WHEREAS, Green River College has a Small Business Center and a Small Business Development Center which can provide business expertise, support services, and business training and workshop opportunities; and WHEREAS, the City desires to contract with Green River College to provide certain business support, training, workshop and ancillary services in connection City's Business Incubator; and WHEREAS, the parties are authorized by Revised Code of Washington 39.34 to enter into agreements for the joint exercise of governmental powers. NOW, THEREFORE, in consideration of their inutual promises set out in this . Agreement, Green River College and the City agree as follows: � 1. Term of Agreement The term of this Agreement shall commence on the Effective Date and shall terminate on December 31, 2018, unless otherwise terminated pursuant to the provisions in section 6 of this agreement. 2. Scope of Services by Contractor 2.1. GRC agrees to perform, in a good and professional manner, the tasks described in Exhibit A, attached hereto and incorporated herein by this reference. (The tasks described on Exhibit A shall be individually referred to as a"task," and collectively � referred to as the"services.") 2.2. GRC shall be responsible to provide work products and services of a quality and professional standard acceptable to the City. 2.3. GRC hereby represents and warrants that it has all necessary licenses and certifications to perform the services described in Exhibit A, and is qualified to perform such services. 3. City Obligations In a timely manner that does not delay the services provided by GRC, the City shall: 3.1. Designate in writing a person to act as the City's representative with respeet to the services who has complete authority to transmit instructions, receive information, interpret and define the City's policies, and make decisions regarding the services provided by GRC. 3.2. Furnish GRC with all information, criteria, objectives, schedules, and standards for the project(s)necessary for GRC to provide the services described in Exhibit A. 3.3. Arrange for access to City property ar facilities as needed by GRC for the provision of services as described in Exhibit A. 3.4. Examine and evaluate all studies,reports, memoranda,plans, sketches, and other documents prepared by GRC and to timely render decisions regarding such documents to prevent a delay in the provision of services as described in Exhibit A. 4. Compensation 4.1. Compensation for the GRC's performance of the services described in Exhibit A, the City shall pay the GRC the fees and costs specified in Exhibit B, attached hereto and incorporated herein by this reference, or as specified in an addendum, 4.2. GRC shall submit to the City an invoice or statement of time spent on tasks included in the scope of work described in Section 2. 4.3. After receipt of an invoice from GRC, the City shall process the invoice in the next billing/claim cycle and remit payment to GRC thereafter in the normal course of business, subject to the terms of this Agreement. Page 2 of 7 5. Termination The City may terminate this Agreement upon seven(7) days' written notice if the services described in Exhibit A are no longer needed from GRC; provided that GRC shall be compensated for services provided tlirough the end of the following month at the rate described in Exhibit B. 6. Insurance Coverage, Indemnification, and Hold �Iarmless 6.1 GRC shall maintain insurance coverage, whether through the commercial insurance market, an insurance pool, self=insurance, or a combination thereof, adequate to meet the obligations of this Agreement, including the indemnif cations contained herein, and contractual liability coverage of applicable leases, licenses, permits, or agreements. 6.2 Each party to this agreement shall be responsible for its own acts and/or omissions and those of its officers, employees and agents. No party to this agreement shall b:e responsible for the acts and/or omissions of entities or individuals not a party to this agreement. GRC shall indemnify and hold harrriless the City from all claims, costs, damages, or experises arising out of the negligence of GRC. Likewise,the City shall indemnify and hold harmless GRC from all claims, costs,damages,or expenses arising out of the negligence of the City. In the case of negligence of both the City and GRC, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party. 7. Miscellaneous 7.1. Choice of Law: This Agreement shall be deemed to be made and construed in accordance with the laws of the State of Washington. Jurisdiction and venue for any action arising out of this Agreement shall be in King County,Washington. 7.2. Captions & Headings: The captions in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. 7,3. Relationship of the Parties; Unless othe.rwise specifically provided herein, no separate legal entity is created hereby, as each of the parties is contracting in its capacity as a municipal corporation of the State of Washington. The identity of the parties hereto is as set forth hereinabove. No provision of this Agreement shall relieve either party of its public agency obligations and/or responsibilities imposed by law. 7.4. 5everability: If any term or provision of tlus Agreement or the application thereof to any person or circumstance shall,to any extent;be held to be invalid or unenforceable by a final decision of any court having jurisdiction on the matter, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than tliose as to which it is held invalid or unenforceable sha11 not be affected thereby and shall continue in full force and effect, unless such court determines that such invalidity or unenforceability materially interferes with or defeats the purposes hereof, at which time either party shall have the right to terminate the Agreement. �- Page 3 of 7 7.5. Integration: This Agreement constitutes the entire agreement between the parties as to the leasing of the Premises. No modifications or amendments of this Agreement shall be valid or effective unless evidenced by an agreement in writing signed by both parties. 7.6. Interpretation: Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreeinent, this Agreement having been drafted by mutual agreement of the parties. 7.7. Force Majeure; No party to this Agreement shall be held responsible for delay or default caused by terrorism� natural disasters, riots, acts of god and/or war that is beyond the reasonable control of the parties. 7.8. Waiver: The failure of either party at any time to require performance by another party of any provisions of this Agreement will in no way affect the party's subsequent rights and obligations under that provision, and waiver by any party of the breach of any provision of this Agreement shall not be taken or held to be a waiver of any succeeding breach of such provision or as waiver of such provision itself. 8. Notices, Reports & Correspondence 8.1. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail,postage prepaid, for mailing by certified mail, return receipt requested; and addressed, if to a party of this Agreement, to the address for the party set forth above, or if to a person not a party to this Agreement, to the address designated by a party to this Agreement in the foregoing manner. 8.2. Any party may change his,her or its address by giving notice in writing, stating his; her or its new address, to any other party, all pursuant to the procedure set forth in tliis section of the Agreement, 83. All notices,reports, and correspondence shall be sent to: Citv of Auburn Contractor Doug Lein Leslie Moore Auburn City Hall 12401 SE 320'�' Street 25 West Main Auburn, WA 98092 Auburn, WA 98001-4998 (253) 288-3375 (253) 931-3000 Fax (253) 288-3132 9. Signature Authority Page4of7 This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN GREEN RIVER COLLEGE a N. cy Ba6 , Mayor Leslie Moore, Dean of Branch Campuses and Continuing Studies Attest: /0.4 Danielle Daskam, City Clerk Approved as to form: OA el B. H a ity Attorney Page 5 of 7 EXHIBIT A Scoae of Service In 2018 the Small Business Center will focus on Auburn clients recommended to the Center by the City and local banks. Small Business billable hours are calculated at$135 per hour. For a $20,000 grant; Auburn will receive a minimum of 148 hours of direct client services. Client hours are calculated for one-on-one technical assistance and for presentations and workshops. Client needs differ in levels of assistance in a given year so the eontinuation of clients year to year is expected. Client services would take plaee at the GRC Auburn Center and at the Downtown Incubator. As all clients are self-selecting, this is the best SBDC estimation of impacts over a 12-month period based on previous years of experience. Actual results are based on a number of factors, not all of which are under the control of the SBDC. Confidentiality is a chief concern in reporting on SBDC activities. Reporting forms will identify clients by number only and not by company name or owner. Clients referred to the Small Business Center by the City, and who sign a waiver, will be reported by name. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Small Business Center will focus on these areas of service per the City of Aubum request: • Business Management • Marketing Strategies • Financial and cash flow management o Business Plan Development Each ofthe classes above will be taught at the Auburn Incubator Site at the Auburn Train Station; one two hour class per month from April-December 2018. The yearly schedule will be determined and publicized on the City's website. In addition, Business Advisors will participate in quarterly panel business discussions when invited to do so,schedule permitting. Business counseling sessions shall be available at no cost to the client. The consultant shall provide quarterly reports to the City and an in-person meeting to discuss services provided and outcomes; Activity reports will be sent quarterly. Billing for services will be sent in four$5,000 installinents iri accordance with the billing in Exhibit B, per City request: Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. Page6of7 EXHIBIT B Costs Compensation for the Contractor's services shall be $20,000.00 for the term of this Agreement, as follows: 1. Compensation shall be paid aecording to the following: 1) Five Thousand Dollars ($5,000)upon Commencement of this Agreement 2) Five Thousand Dollars ($5,000) on June 1, 2018 3) Five Thousand Dollars ($5;000) on August 1,2018 4) Five Thousand Dollars ($5,000) on October 1, 2418 2. Invoices shall be submitted at the end of the month proceeding payments being due. Quarterly reports will be sent in April; July, October and December and include activities by reference number and task in Exhibit A. 3. Upon receipt of the invoicing described in Section 5.2 of this Agreement,the City shall remit to the party providing the invoice. Page 7 of 7