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HomeMy WebLinkAbout5500 RESOLUTION NO 5500 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO SUBMIT A GRANT FUNDING APPLICATION TO THE PORT OF SEATTLE FOR ECONOMIC DEVELOPMENT PARTNERSHIP PROGRAM FUNDS AND TO ACCEPT AND EXPEND GRANT FUNDS WHEREAS, the Port of Seattle has authorized an Economic Development Partnership Program to support local economic development activities; and WHEREAS, more than $962,000 in matching funds is available to King County cities; and WHEREAS, if its application is approved, the City of Auburn would receive $65,000, for the following eligible activities: business recruitment initiatives designed to attract new companies to a region or city; small business development (including incubator/accelerator projects); industry retention and expansion assistance (ex. Maritime, Aerospace, etc.); tourism development; downtown revitalization; commercial or industrial property development; and other community or economic development projects that support new investment and job creation. Auburn may collaborate with regional partners to enhance impact. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON HEREBY RESOLVES AS FOLLOWS: Section 1. The Auburn City Council authorizes the Mayor to apply to the Port of Seattle for 2020 Economic Development Partnership Program grant Resolution No 5500 March 2, 2020 Page 1 of 2 funds. If the application is approved, the Mayor is authorized to enter into grant agreements, and to expend the grant funds within budgeted amounts Section 2. Implementation. The Mayor is authorized to implement administrative procedures necessary to carry out the directives of this Resolution. Section 3. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures. Dated and Signed this 2nd day of March, 2020. CITY OF AUBURN LQS, MAYOR ATTEST: APPROVED AS TO FORM: Shawn Campbell, MM , City Clerk Kendra meau, City Attorney Resolution No 5500 March 2, 2020 Page 2 of 2 Port • ` of Seattle ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT BETWEEN THE PORT OF SEATTLE AND CITY OF AUBURN S-00320187 This Economic Development Partnership Agreement (the "Agreement") is made by and between the Port of Seattle (the "Port") and the City of Auburn ("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. 2. Responsibilities of thg Por . 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 30, 2020, or receipt of the final report, whichever occurs later. 3. Responsibilities of the Aaencv. 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 30, 2020. 4. Term. This Agreement shall be become effective as of the date the Port executes this Agreement and shall terminate on November 30, 2020, 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 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 Aareement. 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. 11. Intearation. 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. 0. Box 1209 Seattle, WA 98111 Notices to the Agency shall be sent to the following address: City of Auburn Douglas Lein 25 W Main Auburn WA 98001 16. Audits and Retention of Records. The Agency in and make all books, records and documents (the "R'ecords") 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 retainsuch Records until the later of (a) resolutionor.:completion of litigation claim or audit; or(b) six (6) years after the termination of this Agreement. 17. Amendment.ThisAgreement may only be amended by written agreement of the Parties. 18 ., Diso'ute 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 AUBURN - ;By: Paul Reed By: Nancy Backus Sr. Manager, urchasing Mayor Signature ' ?� Signature 3 10 Dated Dated APPROVEDAS TO FORM •-w EXHIBIT A - PROJECT Project Description: 1. The City of Auburn, with this round of Port partnership funding, will again continue to build upon projects from previous years. The vast majority of the partnership funding will continue to be focused on the operations, support and programing of Auburn's Small Business Incubator, with a special focus on refining the Incubator business plan. The City will continue to engage with Community stakeholders, most notably the Green River College's Small Business Development Center, for instruction and one-on-one counseling services. Marketing of the Incubator to promote the benefits and value of being an Incubator member will also continue to be a focus. The desired result of this marketing focus is to have a net gain in the total number of Incubator members. In 2019, the goal was to increase total membership to 20 members. That goal was not realized last year therefore it will be continued this year. Ultimately by increasing the number of active Incubator members, the City and partnering stakeholders in the Incubator will realize increase job creation and revenue generation via "graduates" of the incubator program. The City will also continue to add to the Buy Local Auburn initiative seeded by previous years partnership funding. The primary focus for the Buy Local work will be on the continued creation, usability, connect-ability and marketing of the Employer Connect Application started at the end of last year. This application will provide a pipeline and connect-ability between the local businesses and local talent generating institutions. 2. Brief Description Bullets: Summarize the complete scope of work and goals briefly using 2 -4 bullets. These bullets will be used to describe each city's project(s) to the Port of Seattle Commission. • IPZ Small Business Incubator o Bring entrepreneurs and startup businesses together in a collaborative environment that provides the necessary tools and resources to launch, grow and commercialize their business o The goal is that by surrounding the entrepreneurs and startup businesses with helpful resources, low-cost, professional office space, and a fostering environment many of the barriers to success will be reduced, providing a higher likely hood that the startup business will succeed, grow and provide employment opportunities and tax generation to the community • Buy Local Auburn o Shopping locals positive effects on the community. Collected sales tax goes to funding street repairs, parks, police, etc. o Creates jobs and opportunity for residents and local businesses. o Reduces freight and shipping costs for industry when raw materials are sourced locally. o Provides industry with opportunity to identify and connect with local talent and talent generating institutions. Provides awareness of local job opportunities for employees enrolled in local institutions. Provides talent generating institutions connection to local industry for guidance on training and opportunity for enrolled students (Employer Connection portion of Buy Local Auburn). Scope of Work Description: Project or Project Outcome(s)and final Estimated Metrics or Describe the short- compone goal( }s deliverable(s): completion: measures of term,intermediate or nt: success: long-term outcomes of the project. 1. Business €• Continued • Review and refresh • 11/2/2020 • An increase in • Short-term: Incubator ` programing and Ithe Incubator the total Continued activation growth, operation of the , Business Plan. number of and utilization of the operations& existing members Incubator Space. support. Business • Contract with (businesses) Community • Short-term: Current Incubator. slightly members continue stakeholders to put changing the • Increase the on and host classes to progress through total Incubator on How to start your demographic the program. to more member count Business, How to actively • Intermediate: (businesses)to write a Business engaged Enhanced 20 Plan, Business members. awareness of the memberships Marketing and through others. • Higher space and program. continued ' utilization and • Intermediate: partnerships ' Continue to activation of Increased with Community strengthen the space. membership. stakeholders relationships with specializing in other co-work • Better • Intermediate: More small business programs,foreign synergies and startups make it assistance soft-landing collaboration through the infancy (SBDC, programs, among all stage of business Business Impact entrepreneurship Incubator creation. NW, SBA- programs and members. research labs. • Long-term: Higher SCORE)and • Faster volume of continued • Continued incubation successful business marketing marketing presence periods, higher created,jobs highlighting the on digital media volume of produced and tax features and platforms tangible results generation. benefits of highlighting the (graduates, Incubator benefits of Incubator jobs created, ' membership. membership. revenues earned) .._....._._.._._... 2. Business • Cultivate • Offer business • 11/2/2020 • Strengthened • Short Term: Buy- retention, business to assistance, ties between in from City's expansion & business workshops, local Algona and Pacific growth activities in forums and businesses of Employer Auburn by classes of all skill and the City Connect. showcasing levels (beginner, reducing the • Intermediate: available intermediate& number of Buildout of the site resources, advanced)to businesses to a point of products, and established local relocating out usability. services within businesses, start- of Auburn. Auburn. ups and • Partneringl' Long Term: Local y communit industry fills • Foster buy- among vacant positions members existin local synergy —_ g with local talent. among interested in businesses business s entrepreneurship or existing owners, and ?• Further businesses citizens todevelopment of a and start-ups, escalate connection tool collaboration, activities that between local mentorship. increase jobs businesses and • Active and tax base. workforce/talent utilization of generating the employer institutions. connect • portion of the BuyLocalAub urn site. Students hired, vacant positions filled. Connection to Port of Seattle interests: Offering services to promote and support entrepreneurship through the Incubator, support the continued growth of existing businesses through training classes and pipelining available talent provides and encourages the opportunity to create and fill new jobs. The creation 400,000 Port and Port-related jobs in our region is a stated vision of the Port of Seattle. Further, filling and creating living-wage jobs through organic growth puts more disposable income on the streets and in local shops whereby increasing the tax base. Purchase of more goods and services means more goods coming through the sea and airports, directly effecting logistics. It also means a higher level of recreational activity flowing through the sea and airports, all of which fulfil strategic objectives of the Ports Century Agenda. Project Budget: Category: Port of City Monetary City In-kind Total Seattle Matching Matching Funds Funds: Funds: Funds: (Including In- Kind): Project 1 $40,000 $20,000 $0 $60,000 Business Incubator Operations/Support Services Project 2 $3,000 $4,800 $0 $7,800 Business Incubator Marketing Project 3 $22,000 $11,000 $0 $33,000 Buy Local Auburn Maintenance/Support/Marketing $100,800 Total Funds;, $65,000 $35,800 $0 percentage contribution to 100% 55% 0% Port Funds*: *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: Auburn will once again partner with the Small Business Development Center to provide one-on- one business consulting and instructional classes. The classes will cover a variety of business topics focused on starting a business, business planning, banking/finance and marketing. The Chamber of Commerce will partner with the City for continued promotion of business-to- business networking and promotion of the instructional classes, forums and workshops. Through the Employer Connection piece of the BuyLocalAuburn initiative, the City will also partner with Green River College and the Auburn School District to populate required training/talent data. Use of consultants or contractors: Green River College will be working under contract to provide the afore mentioned services. Auburn will also be seeking contract services to work with City staff on the refresh of the Incubator business plan.