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AG 23-154 - PORT OF SEATTLERETURN TO: JULIANNA LABRAKE EXT: 2408 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSON: TANJA CARTER EXT: 2412 3. DATE REQ. BY. 12/05/2023 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (H.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION © CONTRACT AMENDMENT (AG#): 23-154 ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT BETWEEN THE PORT OF SEATTLE AND CITY OF FEDERAL WAY 6. NAME OF CONTRACTOR: Port of Seattle City of Federal Way Economic Development Division ADDRESS: PO Box 42525, 1 P. o. Box 1209, Seattle WA 98111 TELEPHONE 206-787-5334 E-MAIL: Wattling.C@portofseattle.org FAX: SIGNATURE NAME: Colby Waltllf g TITLE Buyer III 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES A PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: UPON APPROVAL COMPLETION DATE: DECEMBER 31, 2023 9. TOTAL COMPENSATION $ 18. 733.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ® NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED t5YES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED A PURCHASING: PLEASE CHARGE TO: 109-1800-000-557-31-410 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER 9 DIRECTOR TC 12.4.23 ❑ RISK MANAGEMENT (IF APPLICABLE) m LAW JRC 12/5/2023 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED ❑ LAW DEPARTMENT SIGNATORY (MAYOR OR DIRECTOR) TC 12.4.23 j CITY CLERK AW ItTI-1 l [ ❑ ASSIGNED AG# i 4y 23-154 COMMENTS: foI� As, M L/LU1 / Port" of Seattle CONTRACT AMENDMENT AMENDMENT NO: CONTRACT NUMBER: CONTRACT TITLE: 1 S-00321491 Economic Development Partnership Agreement NAME AND ADDRESS OF CONTRACTOR/VENDOR: ISSUED BY: AMENDMENT DESCRIPTION Port of Seattle Scope Update City of Federal Way 2711 Alaskan Way, Pier 69 33325 81 Ave S Seattle, WA 98121 Federal Way, WA 98003 DESCRIPTION OF AMENDMENT: 1. Amendment History: Contract Cost Recap I Amendment # Amount Original Contract Value I N/A ` $60,000.00 Previous Amendments N/A $0 This Amendment 1 -$41,267.00 Total Current Contract Amount T: $18,733.00 2. The purpose of this amendment is to initiate listed changes: Reducing "Outreach and Survey" project. The City of Federal Way will also not be completing project 2, the "BRE Pilot Program." The contract amount has decreased from $60,000 to $18,733 (see updated budget table provided). Project 1: Small Business $18,733 $7,025.25 $2,341.75 $28,100 Outreach & Survey Assistance Total Funds: $18,733 $7,025.25 $2,341.75 $28,100 Percentage 100% 75% 25% contribution to f Port Funds': Except as provided herein, the above referenced contract remains unchanged and in full force and effect. CONTRACTOR/VENDOR: NAME AND TITLE OF SIGNER (Type or print) Tanja Carter Economis6evelopment pirector (Signature of person authorized to sign) DATE /Z. 7.2a PORT OF SEATTLE: NAME AND TITLE OF SIGNER /Type orprint) Colby Wattling Buyer III PORT OF SEATTLE SIGNATURE DATE At5- 12/11/23 tha Page 1 of 1 RETURN TO: Kathy Horne EXT: 2403 1 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I 1. ORIGINATING DEPT./DIV: Economic Development 2. ORIGINATING STAFF PERSON: Tanta Carter EXT: 2142 3. DATE REQ. BY. 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT A PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): M INTERLOCAL ❑ OTHER 5. PROJECT NAME: ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT BETWEEN THE PORT OF SEATTLE AND CITY OF FEDERAL WAY 6. NAME OF CONTRACTOR: Port of Seattle City of Federal Way Economic Development Division ADDRESS: PO Box 42525, 1P. O. Box 1209. Seattle WA 98111 TELEPHONE 20&7e7-5334 E-MAIL: Wattling C@portofseattle.org FAX' SIGNATURE NAME: TITLE Buyer III 7. EXHIBITS AND ATTACHMENTS: X SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: upon signature COMPLETION DATE: 12/3112023 9. TOTAL COMPENSATION $ 60,o00.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: EYES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED' 10YES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENTICONTRACT REVIEW ❑ PROJECT MANAGER 8 DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCIL APPROVAL (IF APPLICABLE) 12. CONTRACT SIGNATURE ROUTING TC 05/02/23 JRC 5/10/23 COMMITTEE APPROVAL DATE: J J COUNCIL APPROVAL DATE: Sp,& / S,5 ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDERINOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED ❑ LAW DEPARTMENT B'S1GNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK '7 ❑ ASSIGNED AG# AG# COMMENTS: Port of Sea 1e- ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT BETWEEN THE PORT OF SEATTLE AND CITY OF FEDERAL WAY S-00321491 This Economic Development Partnership Agreement (the "Agreement") is made by and between the Port of Seattle (the "Port") and the City of Federal Way ("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: S-00321491 City of Federal Way Page 1 of 7 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 in 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. 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. Responsibilities of the_Agcncy. 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 no -later than December 31, 2023.- 3.4 The Agency shall provide a complete and correct invoice(s) detailing those Project deliverables completed in accordance with Exhibit A no later than December 31, 2023. 4. Term. This Agreement shall be become effective as of the date the Port executes this Agreement and shall terminate on December 31, 2023, 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 Invalid. 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 S-00321491 City of Federal Way Page 2 of 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. i1. 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. Governinq 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 small be sent to: Port of Seattle Economic Development Division P. O. Box 1209 Seattle, WA 98111 Notices to the Apiency shall be sent to: City of Federal Way 33325 81h Ave S Federal Way, WA 98003 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 S-00321491 City of Federal Way Page 3 of 7 of not less than six (8) 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 OF SEATTLE By: Colby Wattling Buyer III Signature Dated CITY OF FEDERAL WAY By Signat re 6:12-2,43 Dated S-00321491 City of Federal Way Page 4 of 7 EXHIBIT A Background: The Port of Seattle Economic Development Partnership Program is an annual, cooperative economic development program to help fund local economic development initiatives across King County. Based on a per capita calculation, King County cities (except Seattle) may each receive between $5,000 and $60,000 based on the city's population. The maximum grant allocation for each city, with populations between 5,000 and 60,000 people, is based on one dollar per resident. Population estimates are determined by the Washington State Office of Financial Management. The Port uses the most recent population estimates at the start of the grant cycle. Cities with populations numbering less than 5,000 people are eligible to receive grant funds up to $5,000 and cities with populations numbering more than 60,000 people are eligible to receive grant funding up to $60,000. Grant funds require a 50 percent match of dollars or in -kind resources. In -kind resources can only be used for up to 25 percent of the grant award amount. Project Description: 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. This project will further several economic recovery goals the City of Federal Way ("City") has while supporting business retention, expansion and recovery efforts: PROJECT 1: OUTREACH & SURVEY • During COVID-19 outreach, it came to light that business contact data in many cases is inaccurate or contacts are out of date. This made it difficult to reliably contact and inform businesses of COVID-19 resources. Future outreach is also necessary for various City -driven projects to inform businesses of any related issues, which is valuable to minimize impacts to normal business. In addition, connecting with businesses will enable the City to anonymously survey business sentiment as a baseline this year and use this feedback as reference in future business sentiment surveys PROJECT 2: BRE PILOT • Finally, the remaining grant funding after outreach will be used to implement a small pilot program identified during the outreach as being valuable for business retention & expansion (BRE). 2. 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. The focus of this year's grant application is to support the development of a Federal Way Business Retention, Expansion & Recovery Program (BRE). The BRE program has three goals: 1. To build a business contact list; 2. To anonymously survey these businesses on retention & recovery needs; and 3. To connect businesses with customers/services/resources to support business recovery and resiliency The BRE Program scope of work will include some or all the following: 1. Project 1: Outreach & survey The City will identify up to 500 licensed businesses in Federal Way to conduct an anonymous three question outreach survey. The City will identify a regional call center specialized in this type of outreach. The call center should prioritize hiring employees with a mobility or physical disability, veterans or similar. The goal is to repeat the anonymous survey annually to measure business sentiment within the city. S-00321491 City of Federal Way Page 5 of 7 2. Project 2: BRE Pilot Program The responses of businesses will be analyzed and a small pilot BRE program will be launched as a result of the business feedback received. The program will be monitored, analyzed and updated/upgraded based on the metrics observed. Deliverables for this project will be: 1. Development of a BRE pilot program to address identified business needs. This could include but is not limited to workforce development, business financing, marketing support or technical assistance programs. 2. Continued updating and development of up-to-date business information (accurate contact etc.) managers • Gather up-to-date business - ---information-&-make-resource referrals for small businesses to services like the SBDC & Chamber of Commerce • Provide better information and understanding for local leaders of the business climate. • Identify business's needs and opportunities • Discover and help businesses solve problems and challenges Outreach using maillcall/mail completed by June 2023 BRE pilot program launched -by November2023__ ___ __ Final report to Port of Seattle November 2023 Development of BRE pilot program to address identified business needs. Report on outreach & anonymous survey results & data Number of businesses with updated contact & business information , 3. 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 Federal Way outreach and pilot BRR Program has the objective of assisting small businesses in business recovery, which directly aligns with one of the Porfs stated economic development responsibilities of: "...sustaining and creating family -wage jobs by supporting small businesses...' (Port Economic Development website). The Federal Way pilot BRR Program also benefits the Century Agenda objective to: "Use our influence as an institution to promote small business growth and workforce development." 4. 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. 5-00321491 City of Federal Way Page 6 of 7 Project 1: Outreach & Survey Small Business $30,000 Assistance Project 2: Small Business $30,000 Assistance BRE Pilot Program Total Funds: $60,000 Percentage 100% contribution to Port Funds': $7,500 $7,500 $45,000 $7,500 $7,500 $45,000 $15,000 $15,000 25% T 25% 5901000 'C--ity monetary-and-in=kind matching funds must -add up -to atleast-50% of -the -Port -off -Seattle funds awarded: In -kind- -- - resources can only be used for up to 25 percent of the grant award amount. See program guidelines for more details. 5. 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 City will collaborate with the Chamber of Commerce as needed during the progression of the project and program. 6. 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. The City will collaborate with a call center for the outreach. The City will also collaborate with the Small Business Development Center (SBDC) at Highline College on resource sharing and business assistance efforts. Other partnerships and collaborations will also be explored based on the type of BRE pilot project determined after the anonymous business survey is completed and analyzed. 5-00321491 City of Federal Way Page 7 of 7 7h COUNCIL MEETING DATE: June 6, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PORT OF SEATTLE ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT ITEM #: POLICY QUESTION: Should the City Council authorize acceptance of the Port of Seattle Economic Development Partnership Agreement? COMMITTEE: FEDRAC MEETING DATE: May 23, 2023 CATEGORY: Z Consent_ _ _ _ El Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Tanja Carter DEPT: Economic Development Attachments: 1. Staff Report 2. Port of Seattle Economic Development Partnership Agreement Options Considered: 1. Approve the proposed Port of Seattle Economic Development Partnership Agreement 2. Do not approve acceptance of the agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: C mi IniZI/Date Imtia Illaic S12Zf COMMITTEE RECOMMENDATION: "I move to forward the proposed Port of Seattle Economic Development Partnership Agreement to the June 6, 2023 consent agenda for approval. " Committee Chair Committee Member Committee N ember PROPOSED COUNCIL MOTION: "I move approval of the proposed Port of Seattle Economic Development Partnership Agreement. " (BELOW TO BE COMPLETED B Y CITY CLERK'S OFFICE liNCIL ALT1Oi Pk APPROyED"(;0( COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 412019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: June 6, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Tanja Carter, Economic Development Director® SUBJECT: Port of Seattle Economic Development Partnership Agreement Financial Impacts: The Port of Seattle Economic Development Grant is a matching grant — the cost to the City will be - $30,000 to avail of the total $60,000 grant funding available. The matching requirement is included within the Economic Development budget for 2023 and is comprised of $15,000 in salaries and wages, and $15,000 in consulting services. In the next budget amendment, the $60,000 grant will need to be appropriated by Council. Overview: The Port of Seattle Economic Development Partnership Program is a cooperative economic development grant program to help support local and regional economic development initiatives across King County. How much funding is available? Based on a per -capita calculation, King County cities (except Seattle) may each receive up to $60,000 based on. the city's population. Federal Way is eligible for $60,000. The grant program requires Federal Way to contribute a 50 percent match of dollars / in -kind resources. In -kind resources (i.e. staff time) can only be used for up to 25 percent of the grant award amount. For example, a grant for $60,000 in Port funds would require the City to commit $3 0,000 additionally as a combination of matching dollars and/or in -kind resources. Of that $30,000, up to $15,000 could be applied toward the match requirement as in -kind resources. What will the funding be used for? The Economic Development Department plans to use the funds for the following programs: 1) Outreach & Survey a. Business outreach to up to 500 businesses in Federal Way where participation in a simple anonymous baseline business survey will be requested. The goal is to analyze the survey results and subsequently provide a data driven pilot business support program tailored to the stated business needs. Rev 7118 b. Additionally, repeating the same survey annually will highlight any changes/improvements in the business climate year over year; which provides a better picture of business growth and resiliency. 2) Business Retention Resiliency Pilot Pragrann a. The intention of the survey is to understand the most common and immediate business needs. The balance of funds will be used to execute a small business retention pilot program to be determined based on the survey results analysis. How long does the grant program run? The program will begin after the City signs the grant contract with the Port of Seattle and run approximately nine months. Rev. 7/18 RETURN TO: Kathy Horne EXT: 2403 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Economic Development 2. ORIGINATING STAFF PERSON: Tanta Carter EXT: 2142 3. DATE REQ. BY. 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT A PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (EG. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ® INTERLOCAL ❑ OTHER S. PROJECT NAME: ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT BETWEEN THE PORT OF SEATTLE AND CITY OF FEDERAL WAY 6. NAME OF CONTRACTOR: Port of Seattle City of Federal Way Economic Development Division ADDRESS: PO Box 42525, 1P. O. Box 1209, Seattle WA 98111 TELEPHONE 206r787-5334 E-MAIL: Wattling C@portofseattle.org FAX: SIGNATURE NAME: Colby WattlinaTITLE Buyer III 7. EXHIBITS AND ATTACHMENTS: A SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: upon signature COMPLETION DATE: 12/31/2023 9. TOTAL COMPENSATION $ 60,000.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:I YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 10YES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: — VD/— IYO 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED NITIAL/ APROV ❑ PROJECT MANAGER fl DIRECTOR TC 05/02/23 ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW JRC 5/10/23 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: �J COUNCIL APPROVAL DATE: (D/ (e A3 12. CONTRACT SIGNATURE ROUTING 77 ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED ❑ LAW DEPARTMENT I IF W<GNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK 7 El ASSIGNED AG# AG#�St COMMENTS: 2/2017 Port of Seattle ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT BETWEEN THE PORT OF SEATTLE AND CITY OF FEDERAL WAY S-00321491 This Economic Development Partnership Agreement (the "Agreement") is made by and between the Port of Seattle (the "Port") and the City of Federal Way ("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 S-00321491 City of Federal Way Page 1 of 7 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 in 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 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. 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 no -later than December 31, 2023: 3.4 The Agency shall provide a complete and correct invoice(s) detailing those Project deliverables completed in accordance with Exhibit A no later than December 31, 2023. 4. Term. This Agreement shall be become effective as of the date the Port executes this Agreement and shall terminate on December 31, 2023, unless earlier terminated under another provision of this Agreement. S. 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. & 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 S-00321491 City of Federal Way Page 2 of 7 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. 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: Port of Seattle Economic Development Division P. O. Box 1209 Seattle, WA 98111 Notices to the Agency shall be sent to: City of Federal Way 33325 8` Ave S Federal Way, WA 98003 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 S-00321491 City of Federal Way Page 3 of 7 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 OF SEATTLE By: Colby Wattling Buyer III Mo— Zyk V I =-— Signature GIMP/-a3 Dated CITY OF FEDERAL WAY M r Signat re ( LZ2,! 2� Dated 5-00321491 City of Federal Way Page 4 of 7 EXHIBIT A Background: The Port of Seattle Economic Development Partnership Program is an annual, cooperative economic development program to help fund local economic development initiatives across King County. Based on a per capita calculation, King County cities (except Seattle) may each receive between $5,000 and $60,000 based on the city's population. The maximum grant allocation for each city, with populations between 5,000 and 60,000 people, is based on one dollar per resident. Population estimates are determined by the Washington State Office of Financial Management. The Port uses the most recent population estimates at the start of the grant cycle. Cities with populations numbering less than 5,000 people are eligible to receive grant funds up to $5,000 and cities with populations numbering more than 60,000 people are eligible to receive grant funding up to $60,000. Grant funds require a 50 percent match of dollars or in -kind resources. In -kind resources can only be used for up to 25 percent of the grant award amount. Project Description: 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. This project will further several economic recovery goals the City of Federal Way ("City") has while supporting business retention, expansion and recovery efforts: 1. PROJECT 1: OUTREACH & SURVEY During COVID-19 outreach, it came to light that business contact data in many cases is inaccurate or contacts are out of date. This made it difficult to reliably contact and inform businesses of COVID-19 resources. Future outreach is also necessary for various City -driven projects to inform businesses of any related issues, which is valuable to minimize impacts to normal business. In addition, connecting with businesses will enable the City to anonymously survey business sentiment as a baseline this year and use this feedback as reference in future business sentiment surveys. 2. PROJECT 2: BRE PILOT • Finally, the remaining grant funding after outreach will be used to implement a small pilot program identified during the outreach as being valuable for business retention & expansion (BRE). 2. 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. The focus of this year's grant application is to support the development of a Federal Way Business Retention, Expansion & Recovery Program (BRE). The BRE program has three goals: 1. To build a business contact list; 2. To anonymously survey these businesses on retention & recovery needs; and 3. To connect businesses with customers/services/resources to support business recovery and resiliency The BRE Program scope of work will include some or all the following: 1. Project 1: Outreach & survey The City will identify up to 500 licensed businesses in Federal Way to conduct an anonymous three question outreach survey. The City will identify a regional call center specialized in this type of outreach. The call center should prioritize hiring employees with a mobility or physical disability, veterans or similar. The goal is to repeat the anonymous survey annually to measure business sentiment within the city. 5-00321491 City of Federal Way Page 5 of 7 2. Project 2: BRE Pilot Program The responses of businesses will be analyzed and a small pilot BRE program will be launched as a result of the business feedback received. The program will be monitored, analyzed and updated/upgraded based on the metrics observed. Deliverables for this project will be: 1. Development of a BRE pilot program to address identified business needs. This could include but is not limited to workforce development, business financing, marketing support or technical assistance programs. 2. Continued updating and development of up-to-date business information (accurate contact etc.) managers • Gather up-to-date business - ---information-&-make-resource referrals for small businesses to' services like the SBDC & Chamber of Commerce • Provide better information and understanding for local leaders of the business climate. • Identify business's needs and opportunities • Discover and help businesses solve problems and challenges Outreach using mail/call/mail completed by June 2023 BRE pilot program launched -by November2023_ --_ Final report to Port of Seattle November 2023 • Development of BRE pilot program to address identified business needs. _ -Report on outreach & anonymous survey results & data • Number of businesses with updated contact & business information 3. 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 Federal Way outreach and pilot BRR Program has the objective of assisting small businesses in business recovery, which directly aligns with one of the Port's stated economic development responsibilities of: "...sustaining and creating family -wage jobs by supporting small businesses..." (Port Economic Development website). The Federal Way pilot BRR Program also benefits the Century Agenda objective to: "Use our influence as an institution to promote small business growth and workforce development." 4. 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. 5-00321491 City of Federal Way Page 6 of 7 Project 1: Small Business $30,000 $7,500 $7,500 $45,000 Outreach & Survey Assistance Project 2: Small Business $30,000 $7,500 $7,500 $45,000 Assistance 6RE Pilot Program Total Funds: $60,000 $15,000 $15,000 25% 1 25% $90,000 Percentage 100% contribution to Port Funds': *City monetary-and-in=kind matching funds must -add up to at least 50% ofthe-Port of -Seattle funds awarded: In -kind- - - resources can only be used for up to 25 percent of the grant award amount. See program guidelines for more details. 5. 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 City will collaborate with the Chamber of Commerce as needed during the progression of the project and program. 6. 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. The City will collaborate with a call center for the outreach. The City will also collaborate with the Small Business Development Center (SBDC) at Highline College on resource sharing and business assistance efforts. Other partnerships and collaborations will also be explored based on the type of BRE pilot project determined after the anonymous business survey is completed and analyzed. 5-00321491 City of Federal Way Page 7 of 7 UP COUNCIL MEETING DATE: June 6, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL - SUBJECT: PORT OF SEATTLE ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT ITEM #: POLICY QUESTION: Should the City Council authorize acceptance of the Port of Seattle Economic Development Partnership Agreement? COMMITTEE: FEDRAC MEETING DATE: May 23, 2023 CATEGORY: K Consent_ 0 Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY_ Tanja Carter _ _ DEPT: Economic Development Attachments: 1. Staff Report 2. Port of Seattle Economic Development Partnership Agreement Options Considered: 1. Approve the proposed Port of Seattle Economic Development Partnership Agreement 2. Do not approve acceptance of the agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1, MAYOR APPROVAL: ■ S Jt DIRECTOR APPROVAL: C mI ' C nest IMILWaste Initial/Date Imtin /bate COMMITTEE RECOMMENDATION: "I move to forward the proposed Port of Seattle Economic Development Partnership Agreement to the June 6, 2023 consent agenda for approval. " Committee Chair Committee Member Committee PROPOSED COUNCIL MOTION: "I move approval of the proposed Port of Seattle Economic Development Partnership Agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) UNCIL ACT I0 ��p APPROVED (01(01 wr-�) COUNCIL BILL # El DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: June 6, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Tanja Carter, Economic Development Director SUBJECT: Port of Seattle Economic Development Partnership Agreement Financial Impacts: The Port of Seattle Economic Development Grant is a matching grant — the cost to the City will be • $30,000 to avail of the total $60,000 grant funding available. The matching requirement is included within the Economic Development budget for 2023 and is comprised of $15,000 in salaries and wages; and $15,000 in consulting services. In the next budget amendment, the $60,000 grant will need to be appropriated by Council. Overview: The Port of Seattle Economic Development Partnership Program is a cooperative economic development grant program to help support local and regional economic development initiatives across King County. How much funding is available? Based on a per -capita calculation, King County cities (except Seattle) may each receive up to $60,000 based on the city's population. Federal Way is eligible for $60,000. The grant program requires Federal Way to contribute a 50 percent match of dollars / in -kind resources. In -kind resources (i.e. staff time) can only be used for up to 25 percent of the grant award amount. For example, a grant for $60,000 in Port funds would require the City to commit $30,000 additionally as a combination of matching dollars and/or in -kind resources. Of that $30,000, up to $15,000 could be applied toward the match requirement as in -kind resources. What will the funding be used for? The Economic Development Department plans to use the funds for the following programs: 1) Outreach & Survey a. Business outreach to up to 500 businesses in Federal Way where participation in a simple anonymous baseline business survey will be requested. The goal is to analyze the survey results and subsequently provide a data driven pilot business support program tailored to the stated business needs. Rev 7/18 b. Additionally, repeating the same survey annually will highlight any changes/improvements in the business climate year over year; which provides a better picture of business growth and resiliency. 2) Business Retention Resiliency Pilot Pro ram a. The intention of the survey is to understand the most common and immediate business needs. The balance of funds will be used to execute a small business retention pilot program to be determined based on the survey results analysis. How long does the grant program run? The program will begin after the City signs the grant contract with the Port of Seattle and run approximately nine months. Rev. 7/18