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ECD14-024 - Original - Genesis Marketing - Implement and Support Brand Image of Kent Tourism - 01/01/2014
ecords le ICIvl7' &', a''' WASH INC TO N � ; Document Y" YG} `ow� _x .. 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 Clerk's Office. Vendor Name: Genesis Marketing Vendor Number: JD Edwards Number Contract Number: _ C. -",i u This is assigned by City Clerk's Office Project Name: Implement and support the brand image of Kent Tourism Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 1/1/14 Termination Date: 12/31/14 Contract Renewal Notice (Days): 30 Days Number of days required notice for termination or renewal or amendment Contract Manager: Julie Pulliam Department: Economic & Community Dev Detail: (i.e. address, location, parcel number, tax id, etc.): S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 Corporations: Registration Detail Page 1 of 1 Corporations iisi n a Registration Data Search GENESIS MARKETING, INC. Purchase Documents for this Corooration UBI Number 602063471 Category REG Profit/Nonprofit Profit Active/Inactive Inactive State Of Incorporation WA WA Filing Date 09/05/2000 Expiration Date 09/30/2010 Inactive Date 01/03/2011 Duration Perpetual Registered Agent Information Agent Name IUNKER &CHAMPAGNE PS Address W 1303 MAXWELL City SPOKANE State WA ZIP 99201 Special Address Information Address City State Zip Governing Persons Title Name Address President,Chairman REPP , MARY ,Jf SPOKANE VALLEY , WA Secretary,Treasurer SKINDLOV , MARY SPOKANE VALLEY , WA httn•/AAIXA(%A1 cnc_wa_nov/corns/search detall.asDX?ubi=602063471 1/13/2014 5 7 r `u KEN T 'oaV111 CONSULTANT EAGREEMENT between the City of Kent and Genesis Marketing THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Genesis Marketing organized under the laws of the State of Washington, located and doing business at 2703 N. Pittsburg Street, Spokane WA. 99207. (509) 777-1120 (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: Attached and incorporated as Exhibit A 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 $15,000.00, 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 Agreement. The City shall provide payment within forty-five (45) days of receipt of CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 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. 51.08 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 willbe 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 (CENT:-- By: By: . - -i nature �.' (signature) Print Name: ( �' ' Pant Suzette Cooke Its �7. h�l�p Its Mayor _(title) DATE: 1 L"I DATE: f e e 4=' NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Mary Kae Repp Ben Wolters, Economic & Community Genesis Marketing Development Director 2703 N. Pittsburg City of Kent Spokane, WA 99207 220 Fourth Avenue South Kent, WA 98032 (509) 995-7700 (telephone) (253) 856-5703 (telephone) (253) 856-6454 (facsimile) TAPPRQVED AS/fO FARM: Kent Law Department" 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 andit 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. ry J�} C"i For. Title: sin mid Date: _ vl 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. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Scope of Work for Kent Tourism Contractr4� Main contact: Mary Kae Repp genesis101@ernnow.biz 509-995-7700 Start date of contract: January 1" 2014 End date of contract: Dec. 31s` 2014 Implement and support the brand image of Kent Tourism Art Design: $100.00 an hour Radio Production: Cost TBD based on chosen voice production TV Production: Cost TBD based on needs of the creative script Radio and TV script writing: by Genesis Marketing at no charge Media Placement: Most all media outlets offers a 15% discount for agencies, this 15% will be given to Genesis Marketing as payment for all media buys. If the media outlet doesn't extend a 15% media buy discount Kent Tourism will be invoiced for 15% of the media buy as a placement fee for Genesis Marketing. Online marketing: 15% of the allocated marketing budget will be paid to Genesis Marketing for designing, implementing and managing the online campaign. - Social-Media Ma gem-e TBtj-bas ed an-needs.-After-needs are-determined-a management fee will be established. Website Design/Support:TBD based on the Kent Tourism needs (All charges are established and approved by the client prior to the start of any project, hourly fees are charged in 15 minute increments rather than charging for the full hour when more or less of an hour is used.) 2703 N Pittsburg, Spokane, WA 99207 Phone: 509-777-1120, Fax:509-777-1125 www.GenesisMarketing.biz EXHIBIT 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 O1. 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. EXHIBIT B (Continued) 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 Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant'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. 3. 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 Consultant 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 Consultant'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 ANII. E. Verification of Coverage Consultant 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 Consultant before commencement of the work. F. Subcontractors Consultant 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 Consultant. II I GENES10 OP ID:KT DATE(MMlDWYYYY) CERTIFICATE F LIABILITI( INSIJRANCE 12/11/13 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. 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 certifleate holder In lieu of such endorsement(s). CONTACT PRODUCER NAME: - - Liberty Mutual Insurance PHONE PO Box 188065 c No Ex9:. Fairfield,OH 45018 ADORES& INSURER S)AFFORDVNG COVERAGE NAICM INSURERA:1stNatl.INS CoofAmerica _. _. 24724 INSURED Genesis Marketing INSURER 6: _ _ 2703 N Pittsburg St INSURERC: Spokane,WA99207 - INSURERD: - - INSURERE: :_ ---- INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ ILTR - DD BR _ - -_- - 0 iOYEFF OLI YE%P LIMITS TYPE OF INSURANCE POLICYNUMBER DD MMIDO Y GENERAWABILITY EACH OCCURRENCE $ 1,000,000 01/01114 01101115 AMAGET ED 1,000,000 A X COMMERCIALGENERALLIABILITY X 25CC25654860 P REMISES TEa occurrence S_ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,00( PERSONAL bADV INJURY $ _1,000,00( GENERALAGGREGATE $ 2,000,001 PRODUCTS-COMP/OPAGG $ 2,00,001 GEML AGGREGATE LIMIT APPLIES PER: r1 PRO- S X POLICY LOG MBINEp SINGLE MIT 1,D66,696 AUTOMOBILE LIABILITY I Ea emldentL. $_ _ A ANY AUTO 25CC25654860 01/01/14 01/01/15 BODILY INJURY(Per person) $ ALL OWNED .SCHEDULED BODILY INJURY(Peraocident) $ AUTOS AUTOS PROPERTY DAMAGE $ X HIRED AUTOS X NON-OWN`_D Pareccldenl AUTOS $ UMBRELLALIAB OCCUR - EACH OCCURRENCE. $ _ EXCESS LIAR CLAIMS-MADE AGGREGATE $ $ DED RETENTIONS WC STATU. X'OTH- _WORKERS COMPENSATION jTORY ITS E AND EMPLOYERS'LIABILITY i25CC25654660 011OV14 01/01/15 E.L EACH ACCIDENT $ 1,000,000 A ANY PROPRIETOR/PARTNEWEXECUTIVEY�'iN lA 1,000,000 OFFICERIMEMBER EXCLUDED? AEMP STOP GAP E.L.DISEASE-EA EMPLOYE $ (Mandatory in NH) 1,000,000 If yes,descdUe under E.L.OISEASE-POLICY LIMIT 5 DESCRIm10N OF OPERATIONS below DESCRIPTIONOFOPERATIONSILOCATIONSIVEHICLES (Attach ACORD 101,AddlBonal Remarks Schedule,n urce space ie required) SEE HOLDER NOTES CERTIFICATE HOLDER CANCELLATION CITKENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE PELIVERE13 IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent 220 4the Ave 5 AUTHORIZED REPRESENTATIVE Kent,WA 98032 �L 6 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD i NOTE HOLDERODGE CITKENT GENESIO PAGE 2 PAD, INSUREG'SNAME Genesis Marketing OP ID: KT DATE 12/11/93 City of Kent is lity AdditionalAdditional Insuredd,with re act to the General Liability, as required b onaltlnsuredrPro'vislan meat or permit,subject to General Primary&Noa-contributory Coverage applies with respect to the General Liability. 30 Days'Notice of Cancellation. 10 Days'Notice of Cancellation for non-payment of premium. POLICY NUMBER: 25- COMMERCIAL GENERAL LIABILITY CG 02 2410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days'Notice 30 (If no entry appears above, information required to complete this Schedule will be shown In the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, Is increased to the number of days shown in the Schedule above. City of Kent 220 4th Ave S. Kent, WA 98032 CG 02 2410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ❑ Policy Number-25-CC-256548-60 CG 75 8010 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED PRIMARY COVERAGE This endorsement modifies Insurance provided under the following:. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Kent 220 4th Ave S. Kent, WA 98032 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II .— WHO IS AN INSURED is amended you. Coverage shall be limited to the extent of your to include as an additional Insured the person or negligence or fault according to the applicable princl- organization shown In the Schedule subject to the ples of comparative fault. following provisions: 1. The additional insured is an insured but only for The insurance provided will not exceed the lesser of: liability directly resulting from: a. The coverage and/or limits of this policy, or a. your ongoing operations for the additional In- b. The coverage and/or limits required by the sured whether the work is performed by you contract, agreement or permit. or for you; or With respect to the insurance afforded the additional b. the general supervision of your ongoing op- Insured, paragraph 4. of SECTION IV — COMMER- erations by the additional insured. CIAL GENERAL LIABILITY CONDITIONS is de- l. This insurance does not apply to: leted and replaced by the following: a, "Bodily Injury" or "properly damage" arising 4. Other Insurance out of any act or omission of, or for defects a. This Insurance Is primary and noncontrib- In design furnished by or for, the additional utory, and our obligations are not affected by insured or any other Insurance where the additional In- b. "Bodily Injury" or "property damage" in- sured is the Named Insured, whether pri- cluded within the "products-completed oper- mary, excess, contingent, or on any other ations hazard.' basis; however, the defense of any claim or "suit" must be tendered as soon as practi- A person's or organization's status as an additional cable to all other insurers which potentially Insured under this endorsement ends when your op- provide insurance for such claim or "suit". orations for that insured are completed. b. This additional provision applies only to the additional Insured shown In the Schedule No coverage will be provided If, In the absence of this and the coverage provided by this endorse- endorsement, no liability would be imposed by law on ment. CO 76 60 10 02 EP Lodging Tax Advisory Committee August 29, 2013 Start Time 4:00 pm Centennial Conference Room #402 Committee Members Present: Jamie Perry, David Kwok, Andrew Hutchison, Barbara Smith, John Casey, Blane Webber Others present: Ben Wolters, Julie Pulliam, and Ryan Hart Chair Jamie Perry called the meeting to order at 4:05 pm, Introductions were done. No minutes were approved New Business Vacant position left by Beth Sylves Ryan Hart represented Tim Higgins requested to be considered for the empty committee position. He has submitted his request in writing. Barbara Smith moved the committee recommend Tim Higgins be appointed to the vacant position left by Beth Sylves. John Casey seconded. Motion passes. Branding & Marketing debrief Ben Wolters updated the committee on the reviewing of 2 different proposals which were done by several members of the LTAC for a combination of marketing and branding of Kent in order to support tourism. We had Genesis by Mary Kae Repp and the other one was by Tripp Muldrow, ArnettMuldrow. Ben Wolters thoughts from a staff perspective are "both tried from their own set of straightens, show where do we go from here since we are starting from scratch". Genesis gave us the nuts and bolts basic things we could do to increase Kent's profile quickly for a relatively small amount of money, starting the set up for a more detailed marketing campaign down the road. Mary Kae went with Made in Kent, because she was introducing to that in a couple of interviews, she was suggesting it was one way to look at a brand for Kent. Mary Kae spoke to the same basic concepts that ArmettMuldrow and Associates did. It was basically creating a common presence She focused on how to get up and running on marketing and increasing our presence quickly ArnettMuldrow & Associates presented to us a proposal of a process of how Kent, as a greater community can go through and create our own branding identify. They could move on and support a marketing campaign, but their focus is taking a community through a branding, marketing identity, and messaging exercise. Wolters impression was "we as a community would benefit from going through a process like this, we have been struggling as a community to find how we would create an inclusive effort to hopefully build consensus on how we would coordinate such an undertaking". Wolters did ask ArnettMuldrow in the presentation to give an example of some of their failures ArnettMuldrow gave an example of a community that was told to do it, without being part of the process. In telling them what to do they found no success but in bringing everyone to the table to be part of the success, that is what makes it work That is the success of this process, listening and hearing what the community thinks they are from those who live, work and have business there. Wolters staff recommendation; are we doing contracts with both, Genesis and ArnettMldrow. The process that ArnettMuldrow provides will take a little bit of time to set up, get folks rally around to participate and scheduled, but there is value and the work is necessary. In the mean time Wolters view is we have things we need to try and start do now on the ground to try and increase or profile and lay the ground work, which is primarily web base from looking at the Genesis proposal. Lodging Tax Advisory Committee Minutes of August 29, 2.013 Page: 2 Barbara Smith stated that won't happen overnight either, Wolters felt it would happen pretty quickly. Wolters said he feel Mary Kae can make that happen pretty quickly, in a couple of months if not weeks. One thing we will learn is the extent of which ShoWare, KDP, the City, Chamber of Commerce is able to work with Mary Kae on doing some basic. But basically the measure of success is the extent in which Mary Kae can increase the rating of Kent websites in terms of how frequently they get connected in order to get the information. That was for approximately $10,000 to $12,000 even if that is not wildly successful we will learn a lot going through the exercise of the nuts and bolts. Mean while at the same time we set up for going through the community exercise There is a part of buy in that needs to happen with the organizations in the community. There is an opportunity from a Council perspective to draw some more members from the broader community that has an interest in this and make it a community event. Thinking about Kent as a community and how we want to represent Kent to the rest of the world and attracting different audiences. Barbara Smith stated she doesn't understand what the Chamber's goal is for tourism. She thought the goal was to make sure the business as a whole had a say in what was happening to them and for them, and being a collective voice, as well as a resource as a visitor center where they can contact someone and get information on Kent and what is happening. Smith is excited to sit down at the table and try to do something that complements each other. Perry questioned why spend the money to go out and do the marketing when we would redo it based on the brand 3 or 4 months later. Wolters senses it is more than just the brand. Maybe out of all this we don't use the Made in Kent. The reason I bring up the different audience, because we do have different audiences. For Economic Development there is a world of investors and business we are trying to communicate with, so the Made in Kent sort of work for us. We are thinking of shaping it as a common theme, but shape different messages around it. Do we continue to wait? That is the question Wolters asked the Hoteliers, in the back of Wolters mind there is pressure, Seattle Southside presence is going away and how you have in your hotel business benefited from support from Seattle Southside. That is another question that we don't need to take time on today, I can do it through email. What additional services do you want me to try to seek to purchase from Seattle Southside going forward. Barbara Smith agrees this will confuse our discussion today if we try to make that decision on top of this. Smith feels we should leave Made in Kent there as an option, but leave it open to them (the consultants) coming up with their own thing. Perry said she feels there might be a more elegant way of branding Kent. When I look at the scope of work they show they have made logos designs for different events, partners, districts, Perry feels that if we hire them we say we need a specific thing that will target business, tourists, shoppers and we get that out of this. Wolters feels the opportunity for us to get basic nuts and bolts things going with Genesis allow us to get something going and get some traction. They showed us other things that we can do to optimize or web presents among all other Kent web presence already out there. Perry is fine with doing the web optimization but doesn't want to do a whole ad campaign. Wolters said they would not do that for $10,000. Perry stated there were a lot of other things like Face book ads, etc. Wolters stated some of the things Genesis had in the proposal other f I Iodging Tax Advisory Committee Minutes of August 29, 2013 ( Page: 3 than the web optimization would have to waft for the branding exercise. Wolters feels we need to get going on fundamental stuff, which is some of the things Seattle Southside did But we learned over time we did not get much attention because we were only 8% if Seattle Southside's budget. Wolters stated this is generally the Staff Recommendation. Perry said she like the recommendation. She wants to know what it would cost to do the basic web optimization tools to determine what we would have left to do the other stuff. The budget for branding is $20,000 and the other $60,000 went to ShoWare. There is some remaining plus reserves Perry asked why don't we do the marketing piece from ShoWare and take the $20,000 for the branding portion. Budget clarification - There is $25,000 for ShoWare that has not been spent for this year (2013) and $20 which was put into branding. So a total $45,000 So we need to go back to Tim Higgins to see if there is anything else that he is looking at using the $25,000 Wolters said you have the $20,000 and the reserves of approximately $90,000. Next year in 2014 we do not have to pay Seattle Southside the $60,000. Wolters said he feels we will end up with a contract with them for less than $60,000. Wolters still will need to know what the pieces the hoteliers will want to purchase. Smith asked if Wolters could put it in a document things wanted from Seattle Southside we can use as a check list. Wolters responded that the email he already sent from Katherine from Seattle Southside was identified block by block. Smith wanted to know if there was a value on each one of those Wolters said no don't worry about that it would take him a lot of time to get that kind of a break down. Wolters needs to know from a use perspective what is important regardless of the cost. Smith asked is that what you want from the Hoteliers. Wolters said yes primarily the Hoteliers. Perry stated the Hoteliers need to tell us want works for them. Wolters stated baring the Hoteliers letting him know, and he will be bugging them via telephone. Wolters feels it will serve us to stay with Seattle Southside But Wolters has not heard anything from the Hoteliers on staying with Seattle Southside. Perry called on David Kwok for his comments David stated Mary Kae and Genesis Marketing will try to tie ShoWare, Downtown; City and Chamber together, plus you need a face book present to draw in more people If you look at it what they are asking for is not even 10% of what we are paying Southside. From a branding side of it we try to brand for the tourism side of it but at the same time the business development side is critical. The part that Kwok thinks branding will focus on the local but also draw out to the target market and see what the perception out there is. What is the larger reality? Looking at the money side of it this is peanuts The branding firm is a semi PR firm but has a different twist so Kwok thinks it will fit us well. Kwok thinks we are heading in the right direction. Lodging Tax Advisory Committee Minutes of August 29, 2013 Page: 4 i Blane Webber stated his hotel is along the Tukwila boarder and he can pull some business from the RFP's one of the benefits from Seattle Southside, he is disappointed with the loss of Seattle Southside because his hotel does benefit from those RFP`s. Andrew Hutchison said the Best Western is a more leisure hotel and doesn't get a lot of RPF business. 4 Perry asked who all saw the presentation. Did everyone see at least 17 Yes. Barbara Smith requested the staff recommendation be clarified. Wolters stated the Staff recommendation motion is the Lodging Tax Advisory Committee approves signing 2 contracts, 1 with Genesis Marketing to do work to optimize or web present for Kent and that would be defined in the work program which would be shared with the LTAC. Develop some basic strategy that could be deployed once a broader marketing branding campaign can be set up. A budget not to exceed $15,000. As well as a contract with ArnettMuldrow & Associates not to exceed $20,000 to lead us through a community branding exercise to generate a branding package and strategy. Discussion Perry would like to include branding and doing district logos for the neighborhood districts. Wolters thinks about the limitations of the use of the Lodging Tax Dollars. Andrew Hutchison asked does the website exist now, Genesis spoke about optimize the sites we have now, that would be City, ShoWare, KDP and Chambers all are tied together. Wolters stated as we gain experience and confidence going forward with all this I can image us and the community at large having a bigger and broader conversation of a much bigger marketing campaign. Perry asked for any other questions.... Hutchison had a concern that we would spend this money and not get an agreement on the Brand. Smith stated that it has happened. ArnettMuldrow shared it has happened in a couple of communities and the go back in and worked with the community again. ArnettMuldrow wants to leave the community with something they are happy with and they are willing to come back, at least one more time to make that happen. They have done 300 plus communities and 5 or 6 of those in the state of Washington. They have a long success rate. Perry likes the process that ArnettMuldrow has where they spend a couple of days taking input from everyone and then they work and come up with the Brand. It is their work and not by a committee. Perry thinks that is what we need; Kent is too big of a community to have 20 people around a table arguing and making the decisions. If we hate it we will ask them to re- do it but it sounds like they hit it on the mark judging from the presentations of the other communities they have worked with. Smith added they come highly recommended through the Main Street Program. Hutchison agreed it is important that people find us on the web That is critical. Hutchison said in tourism people are coming here to go to Seattle, people are coming to Kent because they are coming here for a reason not tourism. Hutchison said he is willing to support on A. Lodging Tax Advisory Committee Minutes of August 29, 2013 Page: 5 attracting businesses and people finding us on the web. He feels that the branding is not that important. Wolters said branding is more important to attracting business. Perry stated it is a focus and a unified message we have never had. Smith stated she feels it is very important and she feels the websites need to do a better job complementing each other. And who does what, and then we can link together. Smith hopes that Genesis can spend some time with all of us on this. John Casey asked if there is any concern of using Lodging Tax dollars for this kind of project which benefits more than just hoteliers. Blare Webber stated he does have some concerns. John re-asked the question does anyone fell concerned that Lodging Tax dollars being spent on these kinds of exercises Kwok stated that if we do not feed the businesses community we will not be able to get heads in beds. His hotel benefits from business traffic more than tourism travel. Casey is there any other group in town be contributing money to this effort. Wolters stated Casey's question represents the community buy in. Smith volunteer to work with Wolters to get the community groups together and evolved. Perry asked to do some lunches with Wolters for planning. David Kwok moved to approve the motion, Andrew Hutchison seconded, Motion Passed. Perry asked David to talk to Andrea. We need to set up a list and Perry will find out when the meetings are A lodging tax letter needs to be drafted to send out to people that need to be contacted to participate in this. The list needs to be a good mix of all to include businesses, residents, historical community, youth, and a wide spread sampling of the community Kent Downtown Report - Nothing Chamber Report — Nothing Good of the order — Nothing Assignments for next meeting - None Next Regular Meeting Date — (Committee will meet every other month on the 3`d Thursday of the month 4 pm.) Adiournment - The meeting was adjourned by Chair Perry at 5:09 pm Submitted by Julie Pulliam, Lodging Tax Secretary REQUEST FOR MAYOR'S SIGNATURE K FEE NT Please Fill in All Applicable Boxes WASHINOTON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator. ,I Phone (Originator). f7 O a Date Sent: Date Required Return Signed Document ONTRACT TERMINATION DATE: VENDOR NAME: DATE OF COUNCIL APPROVAL: 1\j Bnet Explanation of Document• /a CzfSs 1� o+ Jt ey-(,e,�ed All Contracts M te, ted Through the Law Department a (This Area to be Completed By the Law Department) Received. JAN 13 2014 �uy\ Approval of 0UW DEPT Law Dept. Comments- 6U � 1��-1 ( N! ECEIVED Date Forwarded to Mayor: � Z7 � y ilv ,t ,_ 914 Shaded Areas to Be Completed by Administration Staff „ II , Received: offiC6 of the Mayor Recommendations & Comments: Disposition- Date Returned: Iage')870 • S/D5