AG 21-184 - INTERAGENCY AGREEMENT BETWEEN HIGHLINE COLLEGERETURN TO: Tim Johnson EXT: 2412
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: Economic Development
2. ORIGINATING STAFF PERSON: Mary Cho EXT: 2414 3. DATE REQ. BY: ASAP
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
0 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#): ❑ INTERLOCAL
® OTHER Interagency Agreement
5. PROJECT NAME: Interagency Agreement Between Highline College and City of Federal Way
6. NAME OF CONTRACTOR: Highline College
ADDRESS: PO BOX 98000 MS 99-101, Des Moines, WA 98198 TELEPHONE (205) 592-3984
E-MAIL: mpham@highline.edu FAX:
SIGNATURENAME: Michael Pham TITLE Vice President for Administration
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: January 1, 2021 COMPLETION DATE: December 31, 2021
9. TOTAL COMPENSATION $ 20,000 (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 ®YES 10NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: None ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO: NI"
10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
❑ PROJECT MANAGER
A DIRECTOR TJ/November 17, 21 TJ/November 17, 21
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW lrc 11/19/2021
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: CMNCTLAPPROVAL DATE:'_ i l i O1 I ZC
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
R-6W DEPARTMENT
PISIGNATORY (MAYOR OR DIRECTOR) '} 3
❑ CITY CLERK
❑ ASSIGNED AG# A
COMMENTS:
Approved by City Council as a function of 2020/2021 Budget
Notary inccorrect. Needs to be re -executed and notarized. mp 11/19/2021
nCatsf�[s'Y %Ji1.Md.�Q it 7A-
_
2/2017
INTERAGENCY AGREEMENT
Between
STATE OF WASHINGTON HIGHLINE COLLEGE
And
CITY OF FEDERAL WAY
THIS INTERAGENCY AGREEMENT is made and entered into by and between HIGHLINE
COLLEGE, PO BOX 98000 MS 99-101, DES MOINES, WA 98198, hereinafter referred to as
"HIGHLINE COLLEGE," and the CITY OF FEDERAL WAY, 33315 8th AVENUE
SOUTH, FEDERAL WAY, WA 98003, hereinafter referred to as the "CITY."
WHEREAS, IT IS THE PURPOSE OF THIS AGREEMENT to provide partnership and
support for the community through the efforts of the Small Business Development Center and to
provide complimentary business development services and resources to small and medium sized
businesses.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT:
STATEMENT OF WORK
The Small Business Development Center, ("SBDC") at Highline College will provide business
advisory services to Federal Way based businesses, (established or start-up) for the City in 2021. The
Scope of Work is defined in Exhibit A.
PERIOD OF PERFORMANCE
Subject to its other provisions, the period of performance of this Agreement shall commence on
January 1, 2021 and be completed on December 31, 2021.
PAYMENT
The City will pay Highline College for the service provided in an amount not to exceed a total of
Twenty Thousand and 00/100 Dollars ($20,000.00) for the Iength of the contract from January 1,
2021 to December 31, 2021.
BILLING PROCEDURE
Highline College shall submit a request for payment on an annual basis upon the completion of the
contract December 31, 2021. Payment will be made by the City within 30 days of receipt of the
request.
PERFORMANCE MEASURES
The SBDC under Highline College's management will provide the services as identified in the Scope
of Work in Exhibit A
Page 1
RECORDS MAINTENANCE
I-lighline College shall submit quarterly and annual progress reports to the City. The reports will
reflect all the Performance Goals set out and agreed to by both parties as outlined in Exhibit A of
this contract.
Highline College will maintain books, records, documents, and other evidence that sufficiently and
properly reflect all direct and indirect costs "incurred." These records shall be subject to inspection,
review, or audit by personnel of the City, other personnel duly authorized by either party, the
Office of the State Auditor, and federal officials so authorized by law. All books, records,
documents, and other material relevant to this Agreement will be retained by Highline College for
six years after the expiration of this agreement and the Office of the State Auditor, federal auditors,
and any persons duly authorized by the parties, shall have full access to these materials during this
period.
Records and other documents, in any medium, furnished by Highline College to this agreement to
the City, will remain the property of the furnishing party, unless otherwise agreed.
INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this
Agreement shall continue to be employees or agents of that party and shall not be considered for
any purpose to be employees or agents of the other party.
AGREEMENT ALTERATIONS AND AMENDMENTS
This agreement may be amended by mutual written agreement of the parties.
TERMINATION
Either party may terminate this Agreement upon 30 days' prior written notification to the other
party. If this Agreement is so terminated, the parties shall be liable only for performance rendered
or costs incurred in accordance with the terms of this Agreement prior to the effective date of
termination.
TERMINATION FOR CAUSE
If for any cause, either party does not fulfill in a timely and proper manner its obligations under this
Agreement, or if either party violates any of these terms and conditions, the aggrieved party will
give the other party written notice of such failure or violation. The responsible party will be given
the opportunity to correct the violation or failure within 15 working days. If failure or violation is
not corrected, this Agreement may be terminated immediately by written notice of the aggrieved
party to the other.
DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board
in the following manner: Each party to this agreement shall appoint one member to the Dispute
Board. The members so appointed shall jointly appoint an additional member to the Dispute Board.
The Dispute Board shall review the facts, contract terms and applicable statutes and rules and make
a determination of the dispute. The determination of the Dispute Board shall be final and binding
on the parties hereto. As an alternative to this process, either ofthe parties may request intervention
by the Governor, as provided by RC W 43.17.330, in which event the Governor's process will
control.
Page 2
GOVERNANCE
This agreement is entered into pursuant to and under the authority granted by the laws of the State
of Washington and any applicable federal laws. The provisions of this agreement shall be
construed to conform to those laws.
In the event of an inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following
order:
a. applicable state and federal statutes and rules;
b. statement of work; and
c. any other provisions of the agreement, including materials incorporated by reference.
ASSIGNMENT
The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or
delegable by either party in whole or in part, without the express prior written consent of the other
party, which consent shall not be unreasonably withheld.
WAIVER
A failure by either party to exercise its rights under this agreement shall not preclude that party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
Agreement unless stated to be such in writing and signed by an authorized representative of the party
and attached to the original Agreement.
SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect
without the invalid provision, if such remainder conforms to the requirements of applicable law and the
fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be
severable.
ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or to bind anyof the parties hereto.
RATIFICATION
Any act consistent with the authority and prior to the effective date of this agreement is hereby ratified
and affirmed.
CONTRACT MANAGEMENT
The program manager for each of the parties shall be responsible for and shall be the contact person for all
communications and billings regarding the performance of this Agreement.
Highline College:
All correspondence and notices related to this agreement shall be delivered or mailed to the Executive
Director of Business Development, Rich Shockley, Highline College, PO Box 98000 MS CV-320, Des
Moines, WA 98198.
Page 3
City of Federal Way:
Communications and billing contact person shall be Tim Johnson, Director of Economic Development,
33325 8th Avenue South, Federal Way, WA 98003.
INDEMNIFICATION
Highline College shall indemnify and hold harmless the City, its elected officials, officers, employees, and
agents, from all claims, costs, damages, or expenses arising out of the negligence of Highline College, its
officers, employees, and agents in connection with this Agreement. The City shall indemnify and hold
harmless Highline College, its officers, employees, and agents, from all claims, costs, damages, or expenses
arising out of the negligence of the City, its elected officials, officers, employees, and agents in connection
with this Agreement. In the case of negligence of both Highline College and the City, any damages allowed
shall be levied in proportion to the percentage of negligence attributable to each party. The provisions of this
Section shall survive the expiration or termination of this Agreement with respect to any event occurring
prior to such expiration or termination.
IN WITNESS, the Parties execute this Agreement effective January 1, 2021.
CITY OF FEDERAL WAY:
J errel , Mayor
DATE:
Page 4
ATTEST:
1i "V, &td
City Cler , Stephanie Courtney, C
APPROVED AS TO FORM
City Attorney, J. Ryan Call
HIGHLINE COLLEGE:
4
By: -
Printed Name: L 1 l C4 oc;E—,I
Title: V P
Date: IV. V C;Lx " d.,'D1 (9- 1
Heattw McBreen j
STATE OF WASHINGTON) Notary Public
State of Washington
My AppoMlrrwnt Biros 0312512[7^ G ;a
) SS. Commission Number 21011796
COUNTYOFKING
On this day personally peared before me 6`n Ic A b�— to me known to be
the_ _ , a— +� � 5 � `�`�`� of PV M tW5YA� 1601t V"hat executed the foregoing
instrument, and acknowledged the said instrument to.be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was
authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said
corporation.
Given my hand and official seal this � day of
i" P-vv V &r
Notary's signature
Notary's printed name
20 V .
kA (V�-CIC r �
Notary Public in and for the State of Washington.
My commission expires 3 / Z 5 ) Zv Z�s
Page 5 out of 7
EXMIT A
SCOPE OF WORK
The following is the Scope of Work for business advisory services by the Small Business Development
Center ("SBDC") at Highline Community College for the City of Federal Way, Washington ("City") to
Federal Way based -businesses in 2021.
The SBDC shall do or provide the following:
1. Provide "One on One" business advising services;
2. Research for said business as part of advising services (secondary research) provided as part of the SBA
funding delivered through the SBDC;
3. Training and Education in areas such as, but not limited to: Business operations, marketing, management,
use of technologies and access to capital with traditional and alternative lenders;
4. Provide international trade and export assistance;
5. Participate in Association of Foreign Consulate Event, (Spring 2021) sponsored by the City of Federal
Way; work with other Highline College Trade Programs and SBA partners to support Federal Way's lead
in event programing; and
6. Provide information to Federal Way businesses on "Doing Business in Federal Way," provided to SBDC
by the City.
SERVICE DESIGN
To meet the above objectives, the SBDC will provide counseling that may include financial analysis and
forecasting, formulation of a marketing strategy, organizational analysis and strategy, or other services
needed for small business development for businesses in Federal Way.
DELIVERABLES
The SBDC will provide quarterly progress reports and an annual report to the City. The reports will
reflect all of the performance goals set out to achieve the minimum business advisory services to eight, (8)
businesses per quarter and thirty-two (32) annually of unduplicated eligible clients with funds provided in
this agreement and agreed to by parties.
In an annual report, the ("SBDC") will provide to the City, summaries of work it has completed for
Federal Way businesses served that includes the following:
O Number of clientsibusinesses served in 2021.
Identify current state of clients business as one of the three following types: (existing, start-up and/or
pre -venture); Then identify in one of the following categories:
o Retail
o Wholesale
o Manufacturer
o Food Processor
o Restaurant
Page 6 out of 7
o Professional Business Service
o Medical/Healthcare
o Construction
o Information/Communication/Technology
o Hospitality
o Arts
o Transportation
Identify type of service provided.
Identify if client and business received capital.
• Identify the number of j obs created and retained.
Identify demoLp-aphics by gender, race and veteran status.
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