Loading...
HomeMy WebLinkAboutEC14-011 - Original - Kent Downtown Partnership (KDP) - 2014 Consultant Services - 01/01/2014 rpxdx{: [„MO Records � lv [CENT � '., 6J®cument W ASXINGTGN Y 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: KDP (Kent Downtown Partnership) Vendor Number: JD Edwards Number t Contract Number: This is assigned by Deputy City Clerk Description: 2014 Consultant Service Agreement Detail: Project Name: Annual Consultant Agreement w/KDP for Economic Development and growth in Downtown Contract Effective Date: 1/1/2014 Termination Date: 12/31/2014 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kurt Hanson Department: ECD Abstract: S:Public\RecordsManagement\Farms\CcntractCover\ADCL7832 07/02 ICEiJ�" CONSULTANT SERVICES AGREEMENT between the City of Kent and Kent Downtown Partnership (KDP) THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Kent Downtown Partnership (KDP) organized under the laws of the State of Washington, located and doing business at 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: Provide services as included in consultants 2014 Scope of Work attached and incorporated as exhibit A. Including but not limited to; Continue to increase participation in the Main St. B/O tax incentive program, create a vibrancy in historical downtown, sustain the business we have and encourage new ones, grow the KDP membership, and market Downtown Kent. This contract is a 1 year contract to expire on December 31, 2014 and not to exceed $33,600. 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. Consultant shall complete the work described in Section I by December 31, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $33,600.00, 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) 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) 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: _as 5 (signa�ure __ N (signature) Print Name: &u4'`�atl' . -A 5VnI � Print Name: ;Suzette Cooke Its ='i .- z _7 t _..- ` N t �_ Its - Mayor (title L DATE: �S f — a DATE NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Barbara Smith, Executive Director Kurt Hanson, Economic Development Manager Kent Downtown Partnership City of Kent 202 W. Gowe St. #A 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 253-813-6973 (telephone) (253) 856-5706 (telephone) (253) 856-5464 (facsimile) APPROVED AS TO F RM: zlv� k 9 Kent Law Departmen CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 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 EXHIBIT A Kent Downtown Partnership's 2013 SCOPE OF WORK/GOALS/ACCOMPLISHMENTS Billing Requirements: Kent Downtown Partnership will bill on a monthly basis for S2800; total annual contract is S33,600. Executive Director: Barbara J. Smith, barbarasLakentdowntown.org, 253-813-6976 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. 1. Create sponsorship opportunities for businesses to sponsor more of our events 2. Respect and convince long-time residents of Kent, 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, and a clean, safe and friendly place to shop and bring the family. l. Create a good first impression of downtown 2. Invest heavily in beautification of downtown 3. Continue work on developing public gathering places 4. Continue to move forward by working with the city on a "quiet zone" in downtown 5. 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. 6. Redevelop the pocket park between First Avenue and the alley of Gowe Street 7. Research Gateway (sign) system in downtown; including funding 1 20. Continue work with County to place a brochure rack at the Sounder Garage 21. Work with the City to develop mandates for property owners to maintain their buildings; define what the consequences would be 22. 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 4. Make appointments with new members, face-to-face 5. Continue to grow membership by 20% & continue retaining members 6. Continue to develop tools to increase value of membership 7. Distribute welcome bags to new businesses as well as long-term members Promotions/Markcting Committee: Market Downtown Kent and all its businesses and develop strategies, such as social media and website that gives people more reasons to come downtown. 1. Host our annual dinner/auction fundraiser in June at ShoWare Center 2. Support Kent Lion's with Cornucopia and Winterfest 3. Host Small Business Day in November 4. Work with City of Kent on Spring into Art event in March 5. Most no less than three Downtown Breakfast Hours at ShoWare Center 6. Continue with updates to Regional Justice Center kiosk and menu binder located in Juror's Room at the Regional Justice Center 7. Continue partnering with City, Chamber, Kent Station and other organization, including non-profits, that help us to promote and revitalize our downtown 8. Continue creating marketing opportunities with ShoWare Center and our businesses to cross market 9. Continue to support and market Seattle Thunderbirds and their games 10. Create a Shopper's Guide brochure 11. Host three Membership Appreciation Events annually 12. Add approximately one new event each month 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. 1. Continue posting of activities and things you can find in 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 3 XHIBIT INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant'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. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. pC�® CERTIFICATE OF LIABILITY INSURANCE DATE(11/05/2013 S/2013 PRODUCER THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION Dorglas 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. INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:state Farm Fire and Casualty company 25143 25143 Kent Downtown Partnership _ - 202 W GCWe St, Ste A INSURER B'. Kent, WA 98C32 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 P OLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER I DATE(MMIDD)YYI DATE MWDDIYY) LIMITS A X GENERAL LIABILITY 99—BM—Q598-5Q 12/08/2013 12/08/2014 EACH OCCURRENCE S 2,000,000 DAMA7E=RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS MADE OCCUR MEDEXPAn one erson $ 5,000 PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ 4,000,000 GENLPGGRL-GATEUMU APPLIES PER: PRODUCTS-COMPNPAGG $ 4,COO,OOU PRO- POLICY JECT LOC B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accitlenQ ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS HIREDAUTOS BODILY INJURY S (Per accidenq NON OWNEDAUTOS PROPERTY DAMAGE $ (Pu ndtlent) GAR AGE LIABILITY AUTO ONLY—EA ACCIDENT $ ANY AUTO OTHERTHAA EAACC $ AUTO ONLY: AGG $ A EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE S DEDUCTIBLE $ RETENTION $ $ WC STATU- OTH- WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE EL EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EAEMPLOYEE S If yes,describe under E.LDISEASE-POLICYUMIT $ SPECIAL PROVISIONS below A OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION C-ty of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 22C Ott' Ave S DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ DAYS WRITTEN Kent, WA 98032 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 indicate omers Ip of I Te mars by their respective owners c 132849 03-13-2007 All rights reserved gun-27-2012 09A5 AM State Farm Comm. Lines 253-912-777D 1/' FE•6321 (7188) ADDITIONAL INSURED ENDORSEMENT State or Political Subdivisions ®Permits Policy Ni 98-BM-Q598-5 Named Insured: KENT DOWNTOWN PARTNERSHIP 202 W GOWE ST STE A KENT WA 98032-5658 State or Political Subdivision: CITY OF KENT 220 4TH AVE S KENT WA 98032.5895 WHO IS AN INSURED, under SECTION II 2. This Insurance does not apply to: DESIGNATION OF INSURED, is amended to Include a. bodily Injury, property damage, personal as an Insured any state or political subdivision shown injury or advertising injury arising out of above,subject to the following provisions: operations performed for the state or 1. This Insurance applies only with respect to municipality; or operations performed by you or on your behalf for b. bodily Injury or property damage included which the state or political subdivision has Issued a within the products completed operations permit, hazard. FE-e321 (7188) ri KENT WA�.l�.ro^ Agenda Item: Consent Calendar - 70 TO: City Council DATE: December 10, 2013 t �k. SUBJECT: 2014 Kent Downtown Partnership Consultant Service Agreement Authorize MOTION: Authorize the Mayor to sign the 2014 Consultarot Services Agreement with (Cent Downtown Partnership in an amount not to exceed $33,600.00, subject to final terms and conditions acceptable to the Economic and Community Development Director and the City Attorney. SUMMARY: Kent Downtown Partnership provides services as included in the consultant's 2014 work plan. Services will include but are not limited to: increase participation in the Main Street B&O tax incentive; historical downtown vibrancy; downtown as a safe and friendly place to shop; sustain the downtown businesses; grow the membership; and promote downtown as a destination. The yearly contract amount with the Kent Downtown Partnership is the same as 2013, and will not exceed $33,600.00. EXHIBITS: Consultant Services Agreement RECOMMENDED BY: Operations Committee YEA: Thomas - Perry - Higgins NAY: BUDGET IMPACTS: Yes, provided for in the annual 2014 budget. i i i it �: E REQUEST FOR AYOR'S SIGNATURE KENT Please FIII in All Applicable Boxes WASHINGTON Routing Informati n (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: I(� Phone (Originator): Date Sent )J Date Required Return Signed Document toJkLCCONTRACT TERMINATION DATE: 121 t VENDOR NAME: DATE OF COUNCIL APPROVAL: Brief Explanation of Document: w� 6; �d h All Contracts Must Be Routed Through the Law Department Area to be Completed By the Law Deptartm,t:z 'YN Received: DE, . 2 2013 Approval of Lacy&t t4W DEPT. Law Dept. Comments: uuu lNV'u Date Forwarded to Mayor: 1 7i Shaded Areas to Be Completed by Administration Staff RECEIVED ,77 Received: DEC 14 102 Recommendations & Comments: PC: zp CITY CLERK Disposition: ' � � /� N Date Returned: Offl City Of er;t la„e")870 • 3/05