HomeMy WebLinkAboutEC13-041 - Original - Kent Downtown Partnership - 2013 Consultant Services - 01/31/2013 Records Man,- ge m en
KENT Document
WASMINGT OX
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact City Clerks Office.
Vendor Name: Kent Downtown Partnership Vendor Number: JD Edwards Number
Contract Number: GGI J' 01//
This is assigned by Deputy City Clerk
Description: 2013 Consultant Services Agreement
Detail:
Project Name:
Contract Effective Date: 1/1/2013 Termination Date: 12/31/2013
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Kurt Hanson Department: ECD
Abstract:
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S Pubhc\RecordsManogement\Forms\Contractcover\ADCV832 07/02
KENT
WRSMIN6TON
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Kent Downtown Partnership
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Kent Downtown Partnership organized under the laws of the State
of Washington, located and doing business at Kent Downtown Partnership, 202 W. Gowe St. #A,
Kent, WA 98032, 253-813-6976 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications.
Provides services as included in consultants 2013 work plan attached and
incorporated as exhibit A. Including but not limit to; increase participation in the
Main Street B&O tax Incentive; historical downtown of vibrancy, safe friendly place
to shop; sustain the businesses we have; grow the membership; promote
downtown.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I by
December 31, 2013.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed $33,600 00, plus applicable Washington State sales tax, for the services
described in this Agreement. This is the maximum amount to be paid under this
Agreement for the work described in Section I above, and shall not be exceeded
without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement. The Consultant agrees that the hourly or
flat rate charged by it for its services contracted for herein shall remain locked at
the negotiated rate(s) for a period of one (1) year from the effective date of this
Agreement The Consultant's billing rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement By their execution of this
Agreement, and in accordance with Ch. 5108 RCW, the parties make the following
representations.
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law, provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(srg atur ) " (signature)
Print ame: � 2L T, S YYI t 4%. Pri e, uzette Cooke
Its l L_ It Mayor
rtle)/
DATE: �02- f DATE: 3
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Barbara Smith Kurt Hanson
Kent Downtown Partnership City of Kent
202 Gowe St #A 220 Fourth Avenue South
Kent, WA 98032 Kent, WA 98032
253-813-6976 (telephone) (253) 856-5706 (telephone)
] (facsimile) (253) 856-6454 (facsimile)
APPR VED A7 TO ORM:
Kent Law Departme
[In this field,you may enter the electronic fllepath where the contract has been saved]
CONSULTANT SERVICES AGREEMENT - 5
(Over$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement,
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of , 20_.
By:
- "
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of 120
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXFIIBIT A
Kent Downtown Partnership's
2013 SCOPE OF WORK/GOALS/ACCOMPLISHMENTS
Billing Requirements: Kent Downtown Partnership will bill on a monthly basis for
$2800; total annual contract is$33,600.
Executive Director: Barbara J. Smith barbaras'a kentdoygitrs vx or 253-8 13-69 76
___.__
Organizational Statement: The Kent Downtown Partnership serves as a partner
between businesses,property owners,residents, non-profit organizations and the
city to strengthen and develop a vibrant downtown Kent through its organization,
design,promotion and economic development.
I. Create sponsorship opportunities for businesses to sponsor more of our events
2. Convince pioneers of Kent with patient money to invest in downtown
3. Continue to work on funding resources for defining a brand for downtown
4. Continue with and create new activities downtown
5. Develop a marketing plan to drive more people to our new website
6. Develop a marketing plan to gather more emails to expand our message about
downtown, maximize our social media opportunities
7. Continue working towards merging old with new
8. Continue to maintain a sense of community in downtown
9. Continue our great working relationships with the City of Kent and our non-
profits groups throughout Kent
Business & Occupation Committee: Continue to increase participation in the Main
Street Business & Occupation Tax Incentive Program for 2013.
1. Raise $90,000 before year end of 2013
2. Promote sponsorships to encourage businesses to get involved
3. Reach out beyond downtown Kent for partners in the B&O program;they use
downtown too, for themselves and their employees
Design Committee: The goal is to create an environment in historical downtown of
vibrancy, a safe and friendly place to shop and bring the family.
I. Schedule Downtown Clean-Up Day for May 2013
2. Continue work on Dragonfly Project
3. Continue to move forward by working with the city on a"quiet zone"in
downtown
4. Continue with Facade Improvement grants
5. Select 2013 Design Award winners
6. Continue work with city to place planters throughout downtown
7. Continue work with the city to replace green benches with black benches
downtown
I
8. Continue efforts to lease/own BNSF train depot building; after our structural
engineer is allowed to enter the building. If affordable we would then move
forward with researching a location to move it to and raise funds to achieve this.
9. Redevelop the pocket park between First Avenue and the alley of Gowe Street
10. Create a good first impression of downtown; such as gateways
I 1 Research a different wayfinding(sign)system in downtown; includes funding
12. Create"good" first impressions of downtown
13 Continue to develop blade signage downtown; good business signage equals more
money
14. Invest heavily in beautification of downtown
15 Continue work on developing public gathering places
Economic Development Committee: Sustain the businesses we have; bring new
businesses to downtown; encourage building of residential downtown; provide
affordable educational opportunities for our businesses and continue enhancing our
communications with property owners.
1. Develop strategy for continuing our efforts to brand downtown Kent; find
financial partners to make this happen
2. Most a Real Estate Broker's Open event
3. Continue work with property owners to improve their buildings/storefronts; host
an annual Property Owners meeting
4. Continue providing educational opportunities for businesses
5. Create opportunities for property owners to cover vacant windows with wraps
6. Promote that downtown Kent has "free parking"
7. Support our shop local campaign,Find It in Kent
8. Create funding for continuing our efforts in"lighting up downtown"
9. Select award winners for Best Restaurant, Best Retail, Best Service,and Best
Professional business
10. Continue our effort to bring more residential in downtown Kent
11. Continue to work on bringing a grocery store, not just a convenience store, to
downtown Kent
12. Continue work with County to place a brochure rack at the Sounder Garage
13 Work with the City to develop mandates for property owners to maintain their
buildings; define what the consequences would be
14. Sponsor no less than one of ShoWare Center events monetarily
Membership Committee: To maintain our current members and grow
membership.
1 Recruit more volunteers to the Membership Committee
2. Work with Board to become more engaged in recruiting new members
3. Review monthly financial reports that tell us who is 30/60/90 days overdue in
payment of their membership fees; act on it
2
4. Make appointments with new members, face-to-face
5. Continue to grow membership by 20%&continue retaining members �
b. Continue to develop tools to increase value of membership
7. Distribute welcome bags to new businesses as well as long-term members
Promotions/Marketing Committee: Market Downtown Kent and all its businesses
and develop strategies, such as social media and websitc that gives people more
reasons to come downtown.
1. Host annual car show August 24,2013
2. Host our annual dinner/auction fundraiser in June at ShoWare Center
3. Support Kent Lion's with Cornucopia and Winterfest
4. Host Small Business Day in November
5. Work with King County Library to continue"book cover poster"project
6. Work with City of Kent on Spring into Art
7. Host no less than three Downtown Breakfast Hours at ShoWare Center
8. Continue with updates to Regional Justice Center kiosk and menu binder located
in Juror's Room at the Regional Justice Center
9. Continue partnering with City, Chamber, Kent Station and other organization,
including non-profits, that help us to promote and revitalize our downtown
10 Continue creating marketing opportunities with ShoWare Center and our
businesses to cross market
11. Continue to support and market Seattle Thunderbirds and their games
Administrative Staff: To support and assist with the goals of the Kent Downtown
Partnership Board and to assist in communication of these efforts to the public.
i. Continue posting of activities and things you can find to downtown on Facebook
and other social media
2. Find grants for the various projects KDP is working on; such as lighting for
downtown
3. Put a video on website to promote downtown and educational programs for
members
4. Identify with Board top income producing activities to focus on this year
5. Put annual report in newsletter and present to City Council
6. Present an update to City Council; two times annually
7. Tell everyone what KDP is accomplishing through our weekly eBlast and
monthly eNewsletter, Facebook,other social media,etc
8. Be sure service clubs are linked to KDP kvebsite
9. Keep website updated timely
10 Keep open communication with City of Kent and its departments, service groups,
and other organizations and businesses we work with to accomplish our goals and
assist them in reaching theirs
3
KENT DOWNTOWN PARTNERSHIP ACCOMPUSHMENTS FOR 2012
The following is a list of some of the accomplishments from last year's goals as well as others that KDP
was able to accomplish as well.
➢ Merged old with new:replaced green benches with new contemporary black benches(6)
➢ Replaced old metal planters with (14) new ceramic pots
➢ Hosted annual car show in August
➢ Hosted(3)downtown Clean-Up Days
Y Purchased (11) Farmer's Market banners for street poles
Y Created a new logo for KDP
D Created a new website for KDP as an economic engine for potential new businesses and
developers, also created a new website for our membership, including a listing of businesses
and to host an event calendar
Y Continued with our social media efforts
➢ Created a dining application which as of the end of October had 427 users
➢ Worked with the City of Kent,ShoWare Center and Skate America to help secure sponsors,
donations and promotional tools to market this international event
➢ Partnered with several non-profit organizations to promote downtown
➢ Produced 10,000 dining guides and distributed throughout downtown,ShoWare Center and
local hotels,as well as the Regional Justice Center Juror's Room
➢ We promoted all our businesses in downtown now, no Just our members
➢ We engaged our businesses on events to encourage them to participate in coupon books, online
promotions through our eBlasts and eNewsletters
➢ Hosted an information booth at the Saturday Farmer's Market during the summer
➢ Hosted an information booth at Skate America for(4)days
➢ Offered several business classes to our members for free
➢ Offered two Business Bock Watch programs in partnership with the Kent Police Department
➢ Met monthly with Kent Police Department to talk about events happening downtown that might
adversely affect their business; such as burglaries,car prowls, break-ins, dealing with aggressive
persons,etc.
➢ Participated as part of a group to develop a plan for process and procedures for hanging
banners across streets in Kent, hosted by City of Kent
➢ Continued to increase our Business&Occupation Tax Incentive contributors
➢ Continued with removal of graffiti
➢ Continued our efforts to expand our"dragonfly project"with private businesses
➢ Partnered with the Greater Kent Historical Society to refurbish the historical boards that were
hung again at Rose Garden Park
➢ Worked with the City Permit Department to create a smoother and affordable process for
businesses to place blade signs outside their businesses; Market Square off Meeker Street has
accomplished this
1
➢ Continued our work with the City,State of Washington to maintain our gateways, especially at
Willis Street and Highway 167
➢ Were able to clean under Highway 167 overpass
➢ Continued our efforts in trying to produce a structural engineer report on Train Depot to
determine the feasibility of moving forward with this project
➢ Continued work with City to create a "quiet zone"
➢ Continued to offer Fagade Improvement grants to our property owners and merchants
➢ Continued to distribute awards for Design and Economic Development
➢ Purchased and hung 70 hanging flower baskets in downtown
➢ Purchased a portable watering tank to assist in watering the hanging baskets and paid someone
to water throughout the summer
➢ Hosted(3) Downtown Breakfast Hours at ShoWare Center;average of 80 attended each session
➢ Continued to include the City,ShoWare Center,Seattle Thunderbirds and Kent Chamber of
Commerce in our Downtown Breakfast Hours to promote their events/activities
➢ Continued our work with brokers, realtors,developers to grown downtown
➢ We organized the demolition party for the demolition of the former parking garage at Smith&
4n,
➢ Hosted a Property Owner's meeting;42 in attendance
➢ Granted promotional funds to First Avenue merchants to bring back the First Avenue Block Party
➢ Continued our work with property owner's to fix up their storefronts
➢ Continued our research to place art in vacant buildings/storefronts, be it live or display only
➢ Continued to participate in the State Regional Library,art poster, book cover program
➢ Completed wrapping light poles downtown with garland and bows for the holidays
➢ Working with businesses downtown to create themes for the holidays on the different streets;
such as, First Avenue as"Candy Cane Lane"
➢ Brought in a speaker at Property Owner's meeting who gave us another version of how to more
affordably"brand" downtown Kent
➢ Continued to work to educate public about shopping local through our Find It in Kent program
➢ Continued to work to educate public about Shop Small Day,the Saturday after Thanksgiving
➢ Continued to raise the bar of the value of their membership with KDP
➢ Grew our membership base; increased it by 13% in 2012
2
t&E_
DOWNTOWN
PARTNERSHIP
KENT DOWNTOWN PARTNERSHIP MISSION AND VISION 2013:
MISSION:
The mission of the Kent Downtown Partnership is to develop and promote a
vibrant downtown.
VISION:
A home and destination; a comfortable sensation, of warmth and fascination;
innovation and imagination.
Kent Downtown Partnership
202 W.Gowe Street,Suite A,Kent,WA 98032
253-813-6976
Barbara Smith,Executive Director,barbaras@kentdowntown.org
i
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an insured
contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement
ISO form CG 25 03 11 85. There shall be no endorsement or
modification of the Commercial General Liability
insurance for liability arising from explosion, collapse or
underground property damage. The City shall be named as
an insured under the Contractor's Commercial General
Liability insurance policy with respect to the work performed
for the City using ISO additional insured endorsement CG 20
10 11 85 or a substitute endorsement providing equivalent
coverage.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
general aggregate and a $1,000,000 products-completed
operations aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect
the City. Any Insurance, self-insurance, or insurance pool coverage
EXHIBIT B (Continued)
2. maintained by the City shall be excess of the Contractor's insurance and
shall not contribute with it.
3. The Contractor's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
4. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the contractor and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Contractor's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
ACO 11/21/2012 RO` CERTIFICATE OF LIABILITY INSURANCE DATE( 1/zolz
PRODUCER THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION
Douglas L. Jones ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
224 W. Meeker St HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Kent, WA 98032 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
a, INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERA State Farm Fire and Casualty Company 25143 25143
Kent Downtown Partnership
202 W Gowe St Ste A INSURER
Kent, WA 98032 INSURERC
INSURER D
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR ADD L POLICY EFFECTIVE POLICY EXPIRATION
LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE MMID DATE MM/DD/YY) LINKS
A X GENERAL LIABILITY 98-BM-Q598-5Q 12/08/2012 12/06/2013 EACH CCCJRRENCE S 2,000,000
DAMAGE TO RENTED
COMMERCIAL GENERAL LIABILITY PREMISES Ea oceurrence` $
CLAIMS MADE FxIOCCUR MED EXP(Any oneperson) $ 5,000
PERSONAL B ADV INJURY $
GENERALAGGREGATE $ 4,000,0 C 0
GENLAGGREGATE LIMIrAPPUESPER PRODUCTS-COMMPAGG $ 4,000,000
PRO-
POLICY JECT LOC
B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accdent) $
ANY AUTO
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY $
NON-OWNED AUTOS (Pe,accdent)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY—EA ACCIDENT $
ANY AUTO OTHERTHAN EA ACC $
AUTO ONLY AGG $
A EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR F7 CLAIMS MADE AGGREGATE S
S
DEDUCTIBLE S
RETENTION $ $
WORKERS COMPENSATION AND WC STATU- OTH-
EMPLOYERS'LIABILITY TORY LIMITS ER
ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
If yes describe under EL DISEASE-EA EMPLOYEE $
SPECIAL PROVISIONS bela E L DISEASE-POLICY LIMIT S
A OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CERTIFICATE HOLDER CANCELLATION
City of -Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
220 4th Ave S DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ DAYS WRITTEN
Kent, WA 98 032 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES
AUTHORIZED REPRESENTATIVE
Douglas L Jones
e registration notices In Ica a ownership ot the mars by their respective owners (DACURD CORPORATION
All rights reserved
132849 03-13-2007
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s)
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon
ACORD 25(2001108)
REQUEST FOR MAYOR,"S SIGNATURE
KEN T Please Fill in All Applicable Boxes
WASHINGTON
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator• t �,�, 4.f�'� Phone (Oiiginator). - r�&
Date Sent 1011A - Date Required-
Return Signed Document to. �fv CONTRACT TERMINATION DATE: 3
VENDOR NAME: hp I DATE OF COUNCIL APPROVAL: ��
Brief Explanation of Document hV I,, ec-rk
:
JAN 3 12013 E C E Y! ,
f City of Kent J `
Office of the ayor 12013
All Contracts Must Be Routed Through the Law Department
(This Area to be Com Meted By the Law Department)
Received: RECEIVED
Approval of Law Dept JAN 31 2013 i
Law Dept. Comments: KENT LAW DEPT 41,kl-,/
Date Foi warded to Mavor
Von
Shaded Areas to Be Completed by Administration Staff CEIv
Received:
Recommendations & Comments: CTVOf VS13K
CIT(C42
lF
Disposition: � ��
a LI
Date Returned:
IageS670 3'05