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EC15-322 - Original - Genesis Marketing - Production, Marketing & Metrics for Kent Tourism - 09/04/2015
�#r�grx7 �M T ' sr Records M � , fieme f � { � 6# KENT '`` � Document WASHING TON . ; 4+i N- 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: 742968 JD Edwards Number Contract Number: �1 This is assigned by City Clerk's Office Project Name: _TV, Radio, and On-line ads for Kent Tourism Visitkent.com Description: ❑ Interlocal Agreement ❑ Change Order Amendment ® Contract ❑ Other: Contract Effective Date: August 18, 2015 Termination Date: March 31,2016 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ben Wolters Department: Eeon & Comm. Bev. Contract Amount: $150,000.00 Approval Authority: (CIRCLE ONE) Department Director Mayor Qity Co cil Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 it (CENT wnsnixotan CONSULTANT SERVICES AGREEMENT 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, 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: Discription of work described in detail, incorporated and attached as exhibit A, Scope of work provided by Genesis Marketing. 1) Production 2) Marketing 3) Metrics 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 March 31, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $150,000.00, 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 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; I CONSULTANT SERVICES AGREEMENT- 1 (Over$20,000) i 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. 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 CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) i 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 Consultant acknowledges that the City is a public agency subject to the Public Records Act codified In Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. 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. 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 Disnutes 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) 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 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. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City In satisfying the City's duties and obligations under the Public Records Act, J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. i /1 K. Counterparts and Signatures by Fax or Emall. 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. Further, upon executing this Agreement, either party may deliver the signature page CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) to the other by fax or email and that signature shall have the same force and effect as If the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By G �; ( I n Lure) (Sig Print Name: P1,1 Name 4Suzette Cooke Its Its, Mayor p DATE: G I DATE;_ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Mary Kae Reps Ben Wolters, Director t?7e�c' c �Mt� h Economic 8 Community Development Department 2703 N. Pitsburg City of Kent Spokane, WA 99207 220 Fourth Avenue South Kent, WA 98032 (509) 777-1120 (telephone) (facsimile) (253) 856-5703 (telephone) (253) (facsimile) APPROVED AS TO FOR ,kL Kent Law Department (In this fleid,you may enter the alearcnk(flepath where the tontrad has been saved) CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) i I 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. By: P- For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 it 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 Clty's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. I 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 I Exhibit A �e�EgiS`, Scope of Work 1 GENE fib August 1°t, 2015- February 29th 2016 T. Budget-$150,000 Scope of work: • Produce TV ads, online videos, &radio ads • Determine allocations of the media budget between TV, radio, online, print, &website maintenance. • Include media placement o Audit media invoices for accuracy • TV ads and Online videos o Determine the personality, demographic, and look of the actors o Hire and manage the actors o Writing scripts and directing TV& radio production • Hire outside vendors and pay them through the contract o Manage Dana through her blogging and writing process o Hire and manage a photographer o Hire and manage TV producers • Graphic design • Online Marketing o Create and manage online campaigns • Creation of new web pages • Setting up custom analytics for tracking purposes • Weekly and Monthly recap reports • We will charge a 15%management/placement fee on anything not paid by outside vendors o All invoices will clearly denote if 3rd party has paid us, and if not,a line item in the invoice will state our fee • Any travelling fees occurred by Mary Kae to attend meetings 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KPOJ - Rip City Radio 3x ROS bonus Investment $ 330.00 September- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Ix Ix 1x 10-11am 10-11am 10-11am 20 21 22 23 24 25 26 1x 1x Ix Ix 1x 10-11am 10-11am 10-11am 10-11am 10-11am 27 28 29 30 Ix 1x 1x 10-11am 10-11am 10-11am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax ® 09® 1®2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KPOI - Rip City Radio 2x/wk ROS bonus spots Investment $ 660.00 October- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 1x ix 10-11am 10-11am 4 5 6 7 8 9 10 Ix ix ix Ix 1x 10-11am 10-11am 10-11am 10-11am 10-11am 11 12 13 14 15 16 17 1x ix ix ix ix 10-11am 10-11am 10-11am 10-11am 10-11am 18 19 20 21 22 23 24 1x Ix Ix 1x Ix 10-11am 10-11am 10-11am 10-11am 10-11am 25 26 27 28 29 30 31 Ix 1x 1x 1x Ix 10-11am 10-11am 10-11am 10-11am 10-11am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date II Voice-509-777-1120 Fax - 09-351-250 f 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane OVA 99207 Station KPOJ - Rip city Radio 2x/wk ROS bonus spots Investment $ 630.00 November® 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 1x 1x 1x Ix 1x 10 iiam 10-Siam 10 11am 10-11am 10-11am 8 9 10 11 12 13 14 1x 1x Ix lx ix 10-11am 10-11am 10-11am 10-11am 10-11am 15 16 17 18 19 20 21 lx 1x Ix ix Ix 10-11am 10-11am 10-11am 10-11am 10-11am 22 23 24 25 26 27 28 Ix ix ix ix ix 10-11am 10-11am 10-11am 10-11am 10-11am 29 30 Ix 10-Siam All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Volce- 509-777-1120, FaX 509-351-2509 i 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KPO] - Rip City Radio 2x/wk ROS bonus spots Investment $ 660.00 December-15 Sunday Monday Tuesda Wednesday Thursday Friday Saturday T101 2 3 4 5 Ix ix ix ix - llam 10-11am 10-11am 10-11am 6 7 8 9 10 11 12 1x 1x Ix 1x Ix 10-11am 10-11am 10-11am 10-11am 10-11am 13 14 15 16 17 18 19 Ix ix 1x lx Ix 10-11am 10-11am 10-11am 10-11am 10-11am 20 21 22 23 24 25 26 1x 1x ix ix 10-11am 10-11am 10-11am 10-11am 27 28 29 30 31 lx lx ix 1x 10-11am 10-11am 10-11am 10-11am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 50 -351-2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 ITT Pittsburg Client Kent Tourism j Spokane WA 99207 Station KPOJ - Rip City Radio $ 2x/wk ROS bonus spots Investment 630.00 January- 16 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 Ix 10-11am 3 4 5 6 7 8 9 Ix 1x 1x 1x ix 10-11am 10-11am 10-11am 10-11am 10-11am 10 11 12 13 14 15 16 Ix Ix Ix ix ix 10-11am 10-11am 10-11am 10-11am 10-11am 17 18 19 20 21 22 23 1x 1x 1x ix 1x 10-11am 10-11am 10-11am 10-11am 10-11am 24 25 26 27 28 29 30 lx lx 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 31 All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, FaX - 509-35 1-L 509 i i 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KFBW - The Brew 2x/wk ROS bonus spots Investment $ 3,300.00 September- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 31 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2x 2x 2x 5-6pm 5-6pm 5-6pm 20 21 22 23 24 25 26 2x 2x 2x 2x 2x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 27 28 29 30 2x 2x 2x 5-6pm 5-6pm 5-6pm All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. III Authorized Representative Date Voice-509-777-9920, dX ® 509-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KFBW - The Brew 2x/wk ROS bonus spots Investment $ 3,300.00 October- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 Ix ix 5-6pm 5-6pm 4 5 6 7 8 9 10 1x 1x ix Ix 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 11 12 13 14 15 16 17 1x 1x Ix Ix Ix 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 18 19 20 21 22 23 24 1x Ix Ix ix 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 25 26 27 28 29 30 31 Ix ix 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, FaX - 509-351-2509 8/6/2015, 10:11 AM GENESIS S S MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KFBW - The Brew 2x/wk ROS bonus spots Investment $ 3,000.00 November-15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 1x 1x Ix 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 8 9 10 11 12 13 14 Ix ix ix Ix 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 15 16 17 18 19 20 21 Ix ix 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 22 23 24 25 26 27 28 Ix Ix ix Ix 5-6pm 5-6pm 5-6pm 5-6pm 29 30 Ix 5-6pm All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509.777-9120 FaX - 5 09-359-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KFBW - The Brew Investment $ 3,300.00 2x/wk ROS bonus spots December® 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 Ix ix 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 6 7 8 9 10 11 12 1x ix ix 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 13 14 15 16 17 18 19 1x Ix Ix 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 20 21 22 23 24 25 26 1x ix ix ix 5-6pm 5-6pm 5-6pm 5-6pm f 27 28 29 30 31 Ix Ix 1x ix 5-6pm 5-6pm 5-6pm 5-6pm All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, FaX ® 509-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg client Kent Tourism Spokane WA 99207 Station KFBW - The Brew 2x/wk ROS bonus spots Investment $ 3,150.00 January- 16 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 1x 5-6pm 3 4 5 6 7 8 9 1x ix 1x Ix 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 10 11 12 13 14 15 16 Ix 1x Ix Ix 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 17 18 19 20 21 22 23 Ix 1x 1x ix lx 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 24 25 26 27 28 29 30 Ix 1x Ix ix 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 31 All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date voice-509-777.1120, Fax - 509-351-2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KWJJ - The Wolf buy includes n/c match M-Sun 5a-la Investment $ 1,155.00 September- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Ix 1x ix 10-11am 10-11am 10-11am 20 21 22 23 24 25 26 Ix ix lx ix Ix 10-11am 10-11am 10-11am 10-11am 10-11am 27 28 29 30 Ix ix 1x 10-11am 10-11am 10-11am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. i Authorized Representative Date Voice-509-7774120, Fax ® ,509-351-2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KWJJ -The Wolf Investment $ 2,310.00 buy includes n/c match M-Sun 5a-la October-15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 21 3 Ix ix 10-11am 10-11am 4 5 6 7 8 9 10 Ix lx 1x 1x ix 10-11am 10-11am 10-11am 10-11am 10-11am 11 12 13 14 15 16 17 1x Ix Ix Ix Ix 10-11am 10-11am 10-11am 10-11am 10-11am 18 19 20 21 22 23 24 1x 1x Ix ix Ix 10-11am 10-11am 10-11am 10-11am 10-11am 25 26 27 28 29 30 31 1x Ix Ix Ix ix 10-11am 10-11am 10-11am 10-11am 10-11am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative p Date yoke-509-777-1120, h X - 509-35'-2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg client Kent Tourism Spokane WA 99207 Station KWJJ - The Wolf buy includes n/c match M-Sun 5a-la Investment $ 2,100.00 November- 15 Sunday Mondav Tuesda Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 Ix 1x Ix 1x ix 10-11am 10-11am 10-11am 10-11am 10-11am 8 9 10 11 12 13 14 1x Ix 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 15 16 17 18 19 20 21 1x 1x ix Ix 1x 10-11am 10-11am 10-11am 10-11am 10-11am 22 23 24 25 26 27 28 1x ix 1x 1x 10-11am 10-11am 10-11am 10-11am 29 30 1x 10-11am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KWJJ - The Wolf buy includes n/c match M-Sun 5a-la Investment $ 2,310.00 December®15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 Ix 1x 1x ix 10-11am 10-11am 10-11am 10-11am 6 7 8 9 10 11 12 Ix 1x ix 1x Ix 10-11am 10-11am 10-11am 10-11am 10-11am 13 14 15 16 17 18 19 Ix 1x 1x 1x ix 10-11am 10-11am 10-11am 10-11am 10-11am 20 21 22 23 24 25 26 1x Ix ix 1x 10-11am 10-11am 10-11am 10-11am 27 28 29 30 31 1x 1x 1x Ix 10-11am 10-11am 10-11am 10-11am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email, Authorized Representative Date yoke-509a77-1120, F X ® 509-351-2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KWJJ -The Wolf buy includes n/c match M-Sun Sa-la Investment $ 2,310.00 January® 16 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 1x 10-11am 3 4 5 6 7 8 9 Ix Ix 1x 1x Ix 10-11am 10-11am 10-11am 10-11am 10-11am 10 11 12 13 14 15 16 Ix 1x 1x 1x Ix 10-11am 10-11am 10-11am 10-11am 10-11am 17 18 19 20 21 22 23 Ix 1x 1x 1x Ix 10-11am 10-11am 10-11am 10-11am 10-11am 24 25 26 27 28 29 30 Ix ix 1x 1x Ix 10-11am 10-11am 10-11am 10-11am 10-11am 31 All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-50s-7771120, Fax ® 509-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg client Kent Tourism Spokane WA 99207 Station KLTH The Eagle 2x/wk ROS bonus spots Investment $ 2,970.00 September- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2x 2x 2x 7-8am 7-8am 7-8am 20 21 22 23 24 25 26 2x 2x 2x 2x 2x 7-8am 7-8am 7-8am 7-8am 7-8am 27 28 29 30 2x 2x 2x 7-8am 7-8am 7-8am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date l Voice-500-777-1120, Fax - 509-35 9- 509 i 816/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KLTH The Eagle 2x/wk ROS bonus spots Investment $ 2,970.00 October-15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 1x 1x 7-8am 7-8am 4 5 6 7 8 9 10 1x 1x Ix Ix 1x 7-8am 7-8am 7-8am 7-8am 7-8am 11 12 13 14 15 16 17 Ix Ix 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 18 19 20 21 22 23 24 Ix ix ix 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 25 26 27 28 29 30 31 Ix Ix 1x Ix 1x 7-8am 7-8am 7-8am 7-8am 7-8am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-s09-7771120, Fax - 09-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KLTH The Eagle 2x/wk ROS bonus spots Investment $ 2,835.00 November-15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 1x 1x 1x Ix 1x 7-8am 7-8am 7-8am 7-8am 7-8am 8 9 10 11 12 13 14 Ix 1x Ix Ix Ix 7-8am 7-8am 7-8am 7-8am 7-8am 15 16 17 18 19 20 21 Ix 1x 1x Ix ix 7-8am 7-8am 7-8am 7-8am 7-8am 22 23 24 25 26 27 28 Ix 1x 1x 1x Ix 7-8am 7-8am 7-8am 7-8am 7-8am 29 30 1x 7-8am All spots must run on the dates and within the dayparts specified above with equal rotation for payment, Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date 1 Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KLTH The Eagle 2x/wk ROS bonus spots Investment $ 2,970.00 December- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 Ix Ix lx Ix 7-8am 7-8am 7-8am 7-8am 6 7 8 9 10 11 12 1x ix ix 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 13 14 15 16 17 18 19 Ix 1x 1x lx 1x 7-8am 7-8am 7-8am 7-8am 7-8am 20 21 22 23 24 25 26 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 27 28 29 30 31 1x ix 1x 1x 7-8am 7-8am 7-8am 7-88m All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 I I� 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KLTH The Eagle 2x/wk ROS bonus spots Investment $ 2,835.00 January®16 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 1x 7-8am 3 4 5 6 7 8 9 Ix ix ix lx lx 7-8am 7-8am 7-8am 7-8am 7-8am 10 11 12 13 14 15 16 Ix lx lx ix ix 7-8am 7-8am 7-8am 7-8am 7-8am 17 18 19 20 21 22 23 1x ix Ix Ix Ix 7-8am 7-8am 7-8am 7-8am 7-8am 24 25 26 27 28 29 30 Ix ix ix 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 31 All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, FaX ® 09-35 I-2509 li I a. p GENESIS' ({ MPRKEIMI6 1 @ Metrics Outline for Kent Marketing Plan September 2015 ® February 2016 All tracking measures are based upon increases stated In the areas that we are marketing: • September—January o TV placement-Portland Metro o Radio placement- Portland Metro o Pandora-Portland Metro o Online Placement- Portland Metro • February o TV placement-Ellensburg,Tri Cities, Walla Walla,Yakima, Moses Lake& Wenatchee o Radio placement- Portland Metro or No buy o Pandora-Ellensburg, TO Cities,Walla Walla,Yakima, Moses Lake 8t Wenatchee o Online Placement- Ellensburg,TO Cities, Walla Walla,Yakima, Moses Lake& Wenatchee *Please see proposal for location changes based on the Seahawks performance The following metrics will be provided to the (Cent committee weekly: ® Organic Social Media Stats o Facebook • Page likes as of 8/6/15:3,031.The goal will be to have a 2%to 10% Increase, If we don't increase a min of 2%weekly, our office will investigate the type of organic posts and paid posts and figure out what needs to change for the following week. ■ Stats Provided • #of new page likes • #of people engaged • Total page likes • Top city o Instagram • Followers as of 8/6/15; 108.The goal is to increase followers. If we start losing followers we will Investigate what we are running and make changes for the following week. • Stats Provided • Most popular photo of the week • #of trending followers i GENESIS MARKETING o Twitter (month to date numbers as twitter does not provide weekly analytics) • Followers as of 8/6/15: 33.The goal is to increase followers. If we start losing followers we will investigate what we are running and make changes for the following week. ■ Stats Provided • MTD new followers • MTD impressions • MTD profile visits ® Online Paid Marketing Stats o Facebook o The goal is to have likes—We will track that 2%-10%of the people liking the ads are clicking through to the website. If 2% is not—we will modify the ads for the next week. ■ Amount Spent ■ tt of clicks ■ #of people reached for campaigns Best campaign ran-measured by highest clicks o Google ■ The goal is to keep the Cost Per Click as low as possible and convert these clicks to time spent on the website. If this is not achieved, we will analyze the ads and the landing page connected and make changes as needed. • Stats Provided • Amount Spent • #of clicks • #of people reached for campaigns • Best campaign ran-measured by highest clicks ''..... o Bing/ Instagram • The goal is to keep the Cost Per Click as low as possible and convert these clicks to time spent on the website. If this is not achieved, we will analyze the ads and the landing page connected and make changes as needed. ■ Stats Provided if Bing is used • Amount Spent #of clicks • #of people reached for campaigns • Best campaign ran- measured by highest clicks • Once Instagram ads becomes available we will provide proper stats to reflect marketing completed GENESIS MARKETING • Website Analytics o Goal is to increase the number of new users week over week by 2%to 10%, If we go more than 3 weeks without an Increase we will take a look at the campaign and make changes to media placement o Stats Provided ■ # New Users ■ # Page Views ■ Top 2 cities visiting the site ■ Top 2 pages visited • Website Maintenance o Hours Used o Hours Left o Tasks that were completed The following metrics will be provided to the Kent committee monthly: • Social Media Stats o Facebook • #of new page likes ■ #of people engaged • Total page likes • Top city i ■ Screen shot of top 3 clicked posts ■ Screen shot of Net Likes • Screen shots of location of Page likes o Instagram ■ Most popular photo of the week ■ #of trending followers o Twitter ■ Screen shot of Month's • #new followers • #impressions • # profile visits • #of mentions • #of tweets posted by Kent • #of tweets linking to you ■ Screen shot of top mention ■ Screen shot of top tweet ■ Screen shot of top follower ■ Screen shot of top media tweet i GENESIS MARKETING • Online Marketing Stats o Facebook ■ Amount Spent ■ #of clicks ■ #of people reached for campaigns ■ Best campaign ran-measured by highest clicks o Googie ■ Amount Spent #of clicks ■ #of people reached for campaigns ■ Best campaign ran-measured by highest clicks ■ Screen shot of campaign performance Including a graph ■ Screen shot of most popular ad-with the topic and#of clicks o Bing/Instagram • If bing-same data as google and Facebook will be recorded ■ Once Instagram ads becomes available we will provide proper stats to reflect marketing completed • Website Analytics o # New Users o # Page Views o Top 2 cities visiting the site o Top 2 pages visited o PDF of ■ Audience Overview from google analytics ■ Custom Dashboard that Includes outbound links ■ Pages Overview • Pandora o Campaign report at the end of every month o Impressions ordered vs impressions delivered o Clicks o Click through rate o Comparison of bench marking compared to similar campaigns • Website Maintenance o Total Monthly hours used o Tasks that were completed listed EXHIBIT S 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 0001 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 1185. 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 $1,000,006 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 ANII. 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. ac R CERTIFICATE OF LIABILITY INSURANCE °ATE'MM/°°"°YY' 8/10/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS j 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(has) 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 certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Liberty Mutual Insurance NAME: PC Box 188065 PHONE FA% Fairfield, OH 45018 E-c o Exf: 800-962-7132 FAX,No): 800-845-3666 MAIL -- ADDRESS: BusinessService@LibeftyMutual.com INSURER(S)AFFORDING COVERAGE NAIC0 !, INSURERA: First National Insurance CO Of America 24724 INSURED INSURER B. Genesis Marketin(��t - - 2703 N Pittsburg Jt INSURER C: Spokane WA 99207 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 25915293 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. INS ADDLSUBR POLICY Err POLICY EXP LTR I rypE OF INSURANCE 1 INSD MD POLICY NUMBER MMIDD/YYW MMVDD/YYYY LIMITS A ,/ COMMERCIAL GENERAL LIABILITY �/ ✓ 25CC25654870 1/1/2015 i111/2016 EACH OCCURRENCE_ _ $ 1,000,000 CLAIMS-MADE OCCUR DAMAGE ED PREMSES�aDcRENourrence $ 1,()00,0()0 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 11000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2,00Q000 II! ✓ POLICY a JJEC I T 0 LOC PRODUCTS-COMP/OPAGG $ 2,000 000 OTHER: $ A AUTOMOBILE LIABILITY 25CC25654870 1/1/2015 1M12016 FG'e ImeDiSINGLE LIMIT $ 100()000 ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Peraccmarl) S AUTOS AUTOS ✓ ROPERTY HIREDAUTOS ✓ AUTOWNED Per acGdent DAMAGE $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LUNG CLAIMS-MADF. AGGREGATE $ DED RETENTIONS $ A WORKERS COMPENSATION 25CC25654870 1/1/2015 1/1/2016AND EMPLOYERS'LIABILITY STATUTE 'ER'E.L.EACH IN OANY Rry MBER CLU ED? (Mandatory ECUTIVE yr--1 N/A Stop Gap E.L.L.O EASECENT EOA EMPLOYE $ 1,000,000 III, It yes,describe under u p p DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES IACORD 101,Additional Remarks Schedule,maybe attached if more space is required) The City of Kent is listed as an Additional Insured with Primary and Non-Contributory Coverage per form CG7680. 30*Day Notice of Cancellation*10 Day Notice of Cancellation for Cancellation for Non-Payment of Premium Waiver of Subrogation Applies.Per Project General Aggregate limit applies. CERTIFICATE HOLDER CANCELLATION i The City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 400 West Gowe ACCORDANCE WITH THE POLICY PROVISIONS, Kent, WA 98032 AUTHORIZED REPRESENTATIVE Jennifer Ragan (`—i�jYp"`y,yhx• ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 265152s3 I 'IOP96'J.6Y11 1 l5-16 11—lor ceec Eioac.. I aeenSfer Rae— I s/lo/2ols 4:29:59 PM (PDT-) I Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 76 35 01 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF KENT 400 West Gowe Kent, WA 98032 ADDITIONAL INSURED — BY WRITTEN lease or occupy, subject to the following CONTRACT, AGREEMENT OR PERMIT, OR additional provisions: SCHEDULE (a) This insurance does not apply to The following paragraph is added to WHO IS AN any -occurrence" which takes place INSURED(Section II): after you cease to be a tenant in any premises leased to or rented to 4. Any person or organization shown in the Schad- you; ule or for whom you are required by written con- (b) This insurance does not apply to tract, agreement or permit to provide insurance any structural alterations, new con- is an insured, subject to the following additional struction or demolition operations provisions: performed by or on behalf of the a. The contract, agreement or permit must be person or organization added as an in effect during the policy period shown in insured; the Declarations, and must have been axe- (2) Your ongoing operations for that in- cuted prior to the bodily injury , property sured, whether the work is performed damage or personal and advertising by you or for you; injury . (3) The maintenance, operation or use by b. The person or organization added as an in- you of equipment leased to you by such sured by this endorsement is an insured only person or organization, subject to the to the extent you are held liable due to: following additional provisions: (1) The ownership, maintenance or use of (a) This insurance does not apply to that part of premises you own, rent, any occurrence" which takes place after the equipment lease expires; CG 76 35 Of 09 Page i of 4 EP I (b) This insurance does"not apply to This exclusion applies even if the claims bodily injury or property dam- against any insured allege negligence or age arising out of the sole negli- other wrongdoing in the supervision, hiring, gence of such person or employment, training or monitoring of others organization; by that insured, if the "occurrence which (4) Permits issued by any state or political caused the bodily injury or "property subdivision with respect to operations damage involved the ownership, mainte- performed by you or on your behalf, Hance, use or entrustment to others of any subject to the following additional pro- aircraft, "auto" or watercraft that is owned vision: or operated by or rented or loaned to any in- sured. This insurance does not apply to"bodily This exclusion does not apply to: injury , property damage', or personal and advertising injury' arising (1) A watercraft while ashore on premises out of operations performed for the state you own or rent; or municipality. (2) A watercraft you do not own that is: c. The insurance with respect to any architect, (a) Less than 52 feet long; and engineer, or surveyor added as an insured by this endorsement does not apply to (b) Not being used to carry persons or " " property for a charge; "bodily injury", property damage , or per- sonal and advertising injury arising out of (3) Parking an "auto" on, or on the ways the rendering of or the failure to render any next to, premises you own or rent, pro- professional services by or for you, includ- vided the "auto" is not owned by or ng: rented or loaned to you or the insured; (1) The preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, drawings, contract" for the ownership, mainte- opinions, reports, surveys, change or- nance or use of aircraft or watercraft; or ders, designs or specifications; and (5) "Bodily injury or "property damage" (2) Supervisory, inspection or engineering arising out of the operation of any of the services. machinery or equipment listed in Para- graph f.(2) or f.(3) of the definition of d. This insurance does not apply to bodily injury or property damage 11 included within mobile equipment the products-completed operations haz- (6) An aircraft you do not own provided it is and . not operated by any insured. A person's or organization's status as an insured un- TENANTS 'PROPERTY DAMAGE LIABILITY der this endorsement ends when your operations for that insured are completed. When a Damage To Premises Rented To You Limit is shown in the Declarations. Exclusion j. of Coverage No coverage will be provided if, in the absence of this A, Section I is replaced by the following: endorsement, no liability would be imposed by law on j, Damage To Property you. Coverage shall be limited to the extent of your negligence or fault according to the applicable princi- "Property damage"to: pies of comparative fault. O Property ert you own rent or occupy, p y , ,y including any costs or expenses incurred by you, or NON-OWNED WATERCRAFT AND NON-OWNED any other person, organization or entity, for AIRCRAFT LIABILITY repair, replacement, enhancement, restora- tion or maintenance of such property for any Exclusion g. of COVERAGE A (Section 1) is replaced reason, including prevention of injury to a by the following: person or damage to another s property; g. "Bodily injury' or "property damage" arising (2) Premises you sell, give away or abandon, if out of the ownership, maintenance, use or the property damage arises out of any part entrustment to others of any aircraft, "auto" of those premises; or watercraft owned or operated by or rented (3) Property loaned to you; or loaned to any insured. Use includes oper- ation and "loading or unloading". I Page 2 of 4 (4) Personal property in the care, custody or SUPPLEMENTARY PAYMENTS — COVERAGES A control of the insured; AND B — BAIL BONDS — TIME OFF FROM (5) That particular part of real property on which WORK you or any contractors or subcontractors paragraph 1.b. of SUPPLEMENTARY PAYMENT working directly or indirectly on your behalf COVERAGES A AND B is replaced by the following: are performing operations, if the "property damage"arises out of those operations, or b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations (6) That particular part of any property that must arising out of the use of any vehicle to which be restored, repaired or replaced because the Bodily Injury Liability Coverage applies. "your work"was incorrectly performed on it. We do not have to furnish these bonds. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage (other than Paragraph 1.d. of SUPPLEMENTARY PAYMENT damage by fire) to premises, including the con- COVERAGES A AND B is replaced by the following: tents of such premises, rented to you. A separate d. All reasonable expenses incurred by the in- limit of insurance applies to Damage To Prem- sured at our request to assist us in the in- ises Rented To You as described in Section III vestigation or defense of the claim or "Suit — Limits Of Insurance. including actual loss of earnings up to $500 Paragraph (2) of this exclusiorj, does not apply if a day because of time off from work. the premises are your work and were never occupied, rented or held for rental by you. EMPLOYEES AS INSUREDS — HEALTH CARE Paragraphs (3), (4), (5) and (6) of this exclusion SERVICES do not apply to liability assumed under a side- Provision 2.a.(1)(d) of WHO IS AN INSURED(Section track agreement. 11) is deleted, unless excluded by separate endorse- Paragraph (6) of this exclusion does not apply to ment. Oroperty damage included in the products- EXTENDED COVERAGE FOR NEWLY ACQUIRED completed operations hazard". ORGANIZATIONS Paragraph 6. of LIMITS OF INSURANCE(Section III)is replaced by the following: provision 3.a. of WHO IS AN INSURED (Section II) is replaced by the following: 6. Subject to 5. above, the Damage To Premises a. Coverage under this provision is afforded Rented To You Limit is the most we will pay un- only until the end of the policy period. der Coverage A for damages because of Oroperty damage" to any one premises, while EXTENDED "PROPERTY DAMAGE" rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by Exclusion a, of COVERAGE A (Section 1) is replaced you with permission of the owner. by the following: The Damage To Premises Rented To You limit is the a. "Bodily injury" or "property damage" expected higher of the Each Occurrence Limit shown in the or intended from the standpoint of the insured. Declarations or the amount shown in the Declarations This exclusion does not apply to "bodily injury' as Damage To Premises Rented To You Limit. or "property damage11 resulting from the use of WHO IS AN INSURED — MANAGERS reasonable force to protect persons or property. The following is added to Paragraph 2.a. of WHO IS EXTENDED DEFINITION OF BODILY INJURY i AN INSURED (Section II); Paragraph 3. of DEFINITIONS (Section V) is replaced Paragraph (1) does not apply to executive officers, or by the following: to managers at the supervisory level or above. 3. -Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. GG 76 35 01 09 Page 3 of 4 EP TRANSFER OF RIGHTS OF RECOVERY KNOWLEDGE OF OCCURRENCE The following is added to Paragraph 8. Transfer Of The following is added to Paragraph 2. Duties In The Rights Of Recovery Against Others To Us of COM- Event Of Occurrence, Offense, Claim Or Suit of MERCIAL GENERAL LIABILITY CONDITIONS (Sec- COMMERCIAL GENERAL LIABILITY CONDITIONS tion IV): (Section IV): We waive any rights of recovery we may have against Knowledge of an occurrence claim or suit by any person or organization because of payments we your agent, servant or employee shall not in itself make for injury or damage arising out of your ongoing constitute knowledge of the named insured unless an operations or your work done under a contract with officer of the named insured has received such notice that person or organization and included in the from the agent, servant or employee. "products-completed operations hazard . This waiver j applies only to a person or organization for whom you UNINTENTIONAL FAILURE TO DISCLOSE ALL are required by written contract, agreement or permit HAZARDS to waive these rights of recovery. The following is added to Paragraph 6. Representa- AGGREGATE LIMITS OF INSURANCE — PER tions of COMMERCIAL GENERAL LIABILITY CONDI- LOCATION TIONS (Section IV): For all sums which the insured becomes legally obli- If you unintentionally fail to disclose any hazards ex- gated to pay as damages caused by "Occurrences" isting at the inception date of your policy, we will not under COVERAGE A (Section 1), and for all medical deny coverage under this Coverage Form because of expenses caused by accidents under COVERAGE C such failure. However, this provision does not affect (Section 1), which can be attributed only to operations our right to collect additional premium or exercise our at a single "location": right of cancellation or non-renewal. Paragraphs2.a. and 2.b. of Limits of Insurance (Sec- LIBERALIZATION CLAUSE tion III) apply separately to each of your locations" , owned by or rented to you. The following paragraph is added to COMMERCIAL GENERAL LIABILITY CONDITIONS(Section IV): "Location means premises involving the same or connecting lots, or premises whose connection is 10. If a provide revision to this Coverage Part, which would de more coverage with no additionalre- pi interrupted only by a street, roadway, waterway, or i right-of-way of a railroad. mium, becomes effective during the policy period in the state shown in the Declarations, your pol- INCREASED MEDICAL EXPENSE LIMIT icy will automatically provide this additional cov- erage on the effective date of the revision. The Medical Expense Limit is amended to $10,000. i Page 4 of 4 i i "'•REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS ^" LibertyMutual. CG 76 80 10 02 INSURANCE 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: The City of Kent (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 princi- organization shown in the Schedule subject to the pies of comparative fault. following provisions: The insurance provided will not exceed the lesser of: 1. The additional insured is an insured but only for 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- 2. This insurance does not apply to: leted and replaced by the following: a. "Bodily injury" or "property 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". erations 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. CG 76 80 10 02 EP AFP META2.25-PRINT601-143&W65-D POLICY NUMBER: COMMERCIAL GENERAL LIABILITY 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 DAYS (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. N193206 03/09/2015 25CC25654870 26-11-0236 CG 02 24 10 93 Copyright Insurance Services Office, Inc., 1992 I Pulliam, Julie From: Pulliam,Julie Sent: Thursday, September 03, 2015 9:13 AM To: BeMiller, Aaron; Lopez, Barbara Subject: Genesis Contract for$150,000 Good morning, Just wanted to send a quick note letting you know I will be sending over for the Mayor to sign the Genesis Agreement for $150,000, for TV, Radio, and On-line Ads from the Lodging Tax Fund. We will also need to do a budget adjustment to put $150,000 into account number 13001315.64190.1231. Please let me know if there is anything else I need to do, or if Ben needs to send an email for the budget move. Do we need to go to Council with a budget move? Thank you, Julie Pulliam, Administrative Assistant 111 Assistant to the Director of Economic&Community Development Administration I Economic&Community Development 400 West Gowe, Kent, WA 98032 Main 253-856-5454 1 Direct 253-856-5702 ioulliamccakentwa.aov CITY OF KENT,WASHINGTON KentWA.aov Facebook V ,r YoRTNbe PLLA5L CONSIDER THE Fr4VXE NHFNT BEFORE PRINTXNr TNIS E-MAIL I 1 Business Licensing Service:License Query Search Page 1 of 1 cluck us for.ns About us or e • Star,your_gusiress • Chance or Update voar business i ITormatien • How to £new voor ikens6 Search Business Licenses License Information: Entity Name: GENESIS MARKETING,INC. Business Name: GENESIS MARKETING License Type: Washington State Business Entity Type: UBI: 602063471 Business ID:001 Location ID:0001 Status: To check the status of this business,go to Deoartment of Revenue. Location Address: Mailing Address: 2703 N PITTSBURG ST 2703 N PITTSBURG ST SPOKANE,WA,99207-4970 SPOKANE,WA,99207-4970 Status Expires First Issued Licenses Held at this location Spokarz Cene•zl Busness Acdvc 09/30/2016 10/15/2012 Registered Trade Names: GENESIS MARKETING Active N/A 10/18/2000 Gov_e_rnlgg-Feo ; MARY SKINDLOV MARY KAE REPP Information Current as of 09/03/2015 6:39AM Pacific Time New Search This site is limited to searching for business licenses Issued through the Washington State Business Licensing Service. III Cc tr- • Farm-, Ab aet• us P,.CV ©2011 Washington State Department of Revenue and Its licensors.All rights reserved. htfp://bls.dor.wa.goy/LicenseSearch/1gsLicenseDetail.aspx7RefID=1470185 9/3/2015 Pulliam, Julie From: Pulliam,Julie Sent: Wednesday, August 12, 2015 10:30 AM To: 'Mary Skindlov' Subject: FW: insurance and comcast - Genesis Marketing Attachments: image003 jpg Mary, I checked with our Risk Manager and his response is below. Julie From: Hills, Chris Sent: Tuesday, August 11, 2015 4:51 PM To: Pulliam,Julie Subject: Re: insurance and comcast- Genesis Marketing In that case, we can do without auto insurance, but the company should make every effort to ensure that any employee driving on behalf of the company has proper auto insurance. Chris Sent from my iPhone On Aug 11, 2015, at 4:40 PM, Pulliam, Julie <JPulliam(a)kentwa gov>wrote: Chris, Can you tell me if the response to not auto insurance is something we can accept? Thank you, Julie From: Mary Skindlov [mailto:mary olgenesiscreatescolor.com] Sent: Tuesday, August 11, 2015 4:38 PM To: Pulliam, Julie Cc. Mary Kae Repp; Paxton McKinney Subject: insurance and comcast Hi Julie, Attached is the insurance certificate required by the City. The only thing that you won't find here is anything about vehicle insurance because we don't have any company cars, hence no company vehicle insurance. Please let me know if there's anything else you need in this regard. t i Also I sent the credit info to Comcast and they tell me they can bypass this if they can get a PO # for the buy. Would that be possible? If not just say the word and I'll get their form filled out and resubmit with your form and see if we can put this to bed!!! %ha'Yt,k s, <irnage003 Jpg> `!—o 177 tazrl 509-7i/-Z?27 May your troubles be Less, may your blessings be more, andmay nothing but happiness come through your door. (author unknoTvn) THESE CONTENTS ARE CONFIDENTIAL AND MAYBE PRIVILEGED,DO NOT FORWARD WITHOUT AUTHORIZATION. This communication may contain privileged or other confidential Information and is Intended solely for the use of the individual or individuals to whom it is addressed. If you have received it In error,please advise the sender by reply emali and Immediately delete the message and any attachments without copying or disclosing the contents. You should not,directly or indirectly,use,disclose,distribute,print or copy any part of this message if you are not the Intended recipient. Thank you <25915292.pdf> i i 2 i `� KENT xEHt�'" W ABHINOYON Kent City Council Meeting Minutes August 18, 2015 The regular meeting of the Kent City Council was called to order at 7:01 p.m. by Mayor Cooke. Councilmembers present: Ralph, Berrios, Boyce, Fincher, Higgins, Ranniger, and Thomas. CHANGES TO THE AGENDA FROM COUNCIL ADMINISTRATION OR STAFF. None. PUBLIC COMMUNICATIONS A. Historical Note from Kent's 125th Anniversary - Zachary E. Vantassel, on behalf of the Greater Kent Historical Society shared the influence of the Klondike Gold Rush on the City of Kent. B. Public Recognition - Councilmember Higgins introduced Jesse Alexander from Queensland, Australia. He noted that he is an active politician in Australia. C. Community Events - Council President Ralph announced the upcoming events at the ShoWare Center. D. Proclamation for Women's Enuality Day - Mayor Cooke proclaimed August 26, 2015 as Women's Equality Day in the City of Kent. Council President Ralph accepted the proclamation. E. Public Safety Report - Police Chief Ken Thomas presented his Public Safety Report. Thomas introduced Officer Barney Gilliam, Officer Audra Stafford, and Officer Jeffrey Reeves. Mayor Cooke swore them in as City of Kent Police Officers. F. Intergovernmental Reports - Council President Ralph communicated that many of the regional meetings are in recess and there will be no reports tonight. PUBLIC HEARING A. Russell Road Upper Levee - North and South Reach Condemnation Ordinance - Public Hearing, Tim LaPorte, Public Works Director introduced Tobias Hallock, Design Engineer. Hallock discussed the Russell Road Upper Levee, North and South Reach Condemnation Ordinance. He visually displayed what the levee would look like after construction and gave examples of the levee work that has been completed north of this site. Hallock added that the city Is purchasing property from the homeowner's association (HOA), not individual homeowners. He further explained that an easement is required to inspect and maintain the levy. The easement will be transferred to the King County Flood District to maintain the levy and complete repair i Kent City Council Meeting Minutes work as necessary, he confirmed. Mayor Cooke confirmed that an easement means that the King County Flood District staff can enter the property to inspect the levee anytime. Councilmember Higgins clarified with Hallock that the purpose of the condemnation is in the event negotiations with the HOA and the city falter. However, he noted that the negotiations have gone well and it is highly unlikely that there will be issues going forward. Counciimember Berrios discussed the northern levees and confirmed that there are no issues with them. Hallock confirmed that there would be a gravel trail twenty to thirty feet from the homes and that the city has listened to the security concerns of the homeowners regarding this trail. He added that there have been discussions with Marina Point and Riverplace about placing a screen between the trail and the homes. PUBLIC HEARING Mayor Cooke opened the public hearing. 1) Larry Tobin, Kent - Tobin said he is a resident of Marina Pointe and appreciates the protection from flooding. However, there are concerns about security and people being able to see into the properties. He stated that there have been trees planted by homeowners that will be removed. He is concerned about the loss of property and the HOA is worried that the area will not be maintained by the city. He wants the HOA to keep the area as close to how it looks now. He appreciated the work of Toby, Alex, and Ingrid. 2) Kathi Jones, Kent - Jones said she is also a resident of Marina Point and discussed the buffer between the levee and her property. She stated she is concerned about residents being able to maintain the quality of life they have grown used to in the area and discussed design continuity. She noted that all of the trees are being removed and they contribute to the land value and privacy. Additionally, she stated that the drawings have shown that the easement may be a road and right now it is a gravel path for people to walk on. 3) Rick Mauser, Kent - Mauser, a resident of Marina Point, discussed communications with the staff and said they went well. He stated that the condemnation letter sounds like a threat and was afraid about his property being taken. He stated that Marina Point is pleased about the levee going in. He agrees that inspections should take place if they are necessary, as long as King County understands that it is still his property. He stated that he understood that in the future the existing trail would be taken away so there would be more of a slope. 4) David Weigelt, Kent - Weigelt communicated that he is a part of the north reach and wanted to know why the condemnation has to be handled by the homeowner's association. 5) Maria Weigelt, Kent - Weigelt communicated that people who walk on the trail can see into her home. She communicated that she didn't receive the condemnation 2 Kent City Council Meeting Minutes letter and wasn't notified. She stated that this was supposed to have taken place a few years ago and affects property values. City Attorney Tom Brubaker stated that the river side part of the property is owned by the homeowner's association and is common area. Ingrid Willms-Dixon, Project Analyst highlighted that the Weigelt property has limited common element and according to their covenants, conditions, and restriction (CCR) limitations, the homeowner's association is to act on behalf of their property. She noted that theirs is a single, free-standing home within the condominium property. Alex Murillo, Environmental Engineering Supervisor commented that the vegetation maintenance of the easement would be transferred to the King County Flood Control District. He noted that they would be maintaining these areas as they have maintained them along the river prior to flood season. He stated that there should be an agreement between the flood control district and the homeowner's associations to maintain the property. Council President Ralph clarified that the HOA owns the property and the county has access to maintain it. She inquired if the HOA or property owners can maintain the property as they do now. Murillo confirmed that the community members can do vegetation maintenance and weed pulling as they wish. She also inquired if King County would have access to remove vegetation and shrubbery, and Murillo replied that they will work around what is in place with the homeowners. He noted that if there is an area that they can't inspect they will work with the HOA and homeowners so all parties are satisfied. Tim LaPorte, Public Works Director communicated that the County has no intention to build a road on the easement. However, if there are flooding issues they may build a temporary road to bring equipment in to fix it. Higgins moved to close the public hearing, seconded by Councilmember Thomas. Motion carried 7-0. Alex Murillo confirmed that negotiation with KCFCD and the property owners should take place and the City would assist. Councilmember Berrios appreciated the community communicating to the Council on this. He noted that privacy, property values, and what this is going to look like are the three issues. He discussed the screens at Marina Pointe and asked if there were more options negotiated. He stated that it seems the HOA is communicating with the staff and not with the community. Additionally, has asked if there has been a study on the property value impacts. Murillo communicated that the City has met with the HOA members of Marina Pointe and there were residents at the meetings. He stated that the privacy issue was discussed and there wasn't a real consensus on what should be done about it. He also stated that when securing the easement there was a value associated with the Impacts of the properties and it was considered as a part of the process. Councilmember 3 Kent City Council Meeting Minutes Berrios inquired if the homeowners received any compensation for the properties and Williams-Dixon stated that there has been an offer on the table, but it hasn't been accepted by the HOAs. Councilmember Berrios Inquired if not having the secondary trail paved could be put in writing to the KCFCD. Mayor Cooke discussed the easement. She stated that although the top portion of the levy isn't supposed to be walked on, people do, and it is hard to control. LaPorte communicated that the surface was requested by KCFCD and is only utilized in case there Is a flood emergency for vehicles and inspection purposes. Council President Ralph inquired if there is a way to add language concerning easement maintenance to allow homeowners the freedom to take care of the area themselves. Willms-Dixon replied that an easement isn't ownership and property owners have the ability to maintain them. Councilmember Boyce stated that he didn't want to instill any false expectations and add verbiage to the letter concerning a paved road. LaPorte noted that the County would need to obtain a permit from the City prior to paving a road on the site. Councilmember Higgins moved to adopt Ordinance No. 4161, providing for the acquisition by condemnation of certain property and/or property rights for the Russell Road Upper Levee Improvement Project, seconded by Council President Ralph. Councilmember Higgins noted that the City has heard all of the homeowners, and FEMA has communicated that the levees need to be repaired. He appreciated the conversations about security, maintenance, and property values and said that the intent is not to have the City bulldoze everything out there. It is a commitment to fix the flooding issues. He stated that he is going to track this process and ensure that this is as good as it can possibly be. Council President Ralph stated that the adoption of this ordinance doesn't stop the conversations. She stated that she wants to continue this discussion at the Public Works Committee meetings and that King County, the City, and KCFCD are involved. The discussion needs to continue until the Issues are resolved, she said. Councilmember Ranniger thanked everyone for coming out to testify on this because it helps the City when it comes to working with KCFCD. She explained that sometimes KCFCD moves as if they are engineers and they forget the quality of life Issues. She encouraged the homeowners to work with KCFCD to resolve the Issues. Councilmember Berrios thanked everyone for speaking and stated that his vote will be yes to protect the homeowners, He said he Is glad the conversations will continue to mitigate resident concerns. A vote was taken on the motion on the table which carried 7-0. 4 i Kent City Council Meeting Minutes PUBLIC COMMENT 1) Toni Troutner, Kent - Troutner thanked the Council and City staff for the work on the roads and sidewalks along James Street, CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar Items A through 3, seconded by Councilmember Thomas. Motion carried 7-0. A. Approval of the Minutes - Approve. The minutes of the special council meetings of July 28 and August 15 were approved. B. _Water Resource Inventory Area (WRIA) 8 Interlocal Agreement - Authorize. The Mayor was authorized to sign an interlocal agreement for the watershed basins within Water Resource Inventory Area 8. C. Grant Acceptance for 2015-2017 Commute Trip Reduction Program - Approve. The Mayor was authorized to sign the Federal/State Transportation Demand Management Implementation Agreement with the Washington State Department of Transportation, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. D. Contract Amendment to Extend 913 Bus Service for Five Additional Years - Authorize. The Mayor was authorized to sign Amendment No. 1 to the Transit Service Direct Financial Partnership Agreement with King County Metro, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. E. Riverview Park Channel Restoration - Grass Field Improvements - Accept as Complete. The Mayor was authorized to accept the Riverview Park Channel Restoration - Grass Field Improvements project as complete and release retainage to Hoffman Construction, Inc. upon receipt of standard releases from the state and the release of any liens. F. Malik Ridge Bill of Sale - Accept. The council was authorized to accept the Bill of Sale for the Malik Ridge Sanitary Sewer Improvements, including 5 manholes, 793 linear feet of 8" sewer pipe, and frontage improvements that Include 780 square feet of driveway approach along 133rd Place SE. G. 2014 Residential Traffic Calming Project - Accept as Complete The Mayor was authorized to accept the 2014 Residential Traffic Calming project as complete and release retainage to R.W. Scott Construction Co. upon receipt of standard releases from the state and the release of any liens. H. Snort Court Repair and Resurfacing Project with Pacific Ace LLC Accept as Complete. The Mayor was authorized to accept as complete, the sport court resurfacing projects with Pacific Ace LLC and release retainage upon receipt of standard releases from the state and the release of any liens. 5 i I Kent City Council Meeting Minutes I. Genesis Marketina - Consultant Services Aareement - Authorize The Mayor was authorized to sign the Consultant Services Agreement with Genesis Marketing to develop and implement a TV and radio ad campaign to bring visitors to Kent, not to exceed $150,000, subject to final terms and conditions acceptable to the City Attorney. J. Re-appointment to the Lodging Tax Advisory Committee - Confirm The Council confirmed the re-appointment of David Kwok and John Casey to the Lodging Tax Advisory Committee and ratifies all acts consistent with this motion. OTHER BUSINESS None. BIDS A. Riverview Park Trail Relocation Project - Award. Jeff Watling, Parks and Recreation Director highlighted that this project enhances the trial and that R.W. Scott Construction Company was the lowest bidder. Councilmember Ranniger moved to award the Riverview Park Trail Relocation Project to R.W. Scott Construction Company in the amount of $144,920.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Parks Director, seconded by Higgins. Motion carried 7-0. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. - Council President Ralph communicated that Doug Levy from Outcomes by Levy gave his legislative wrap-up for the 176 day legislative session at the Council workshop. She highlighted that streamlined sales tax dollars will still be coming into the City, and that the legislation passed a budget containing funding for the Interurban Trial, 228t", and an East Hill YMCA. She discussed the YMCA facility and what it would do for the community. She noted that a memorandum of understanding will be executed by the Mayor and fundraising will begin for it. B. Mayor. - Mayor Cooke highlighted a group of visitors from China. C. Chief Administrative Officer. - Chief Administrative Officer Derek Matheson reported that the Chief Administrative Officer Report was in the packet and there is no executive session. D. Economic & Community Development Committee. - Councilmember Boyce stated there would be two meetings on the City's Comprehensive Plan. E. Operations Committee. - In the minutes. 6 i Kent CityCouncil Meeting g Minutes F. Parks and Human Services Committee. - Councilmember Ranniger thanked the YMCA supporters and residents who assisted in keeping the Kent Meridian Pool open in order to have a swimming facility In Kent. She noted that the group has grown over the years and the vision to have a youth community and aquatic facility in Kent is closer than ever. She announced that the Parks Committee meeting Is on August 27 and a poop scoop and leash law will be discussed, Additionally, she said she will not be at the September Council and Parks Committee meetings because she will be in Bolivia. G. Public Safety Committee. - No report. H. Public Works Committee. - Councilmember Higgins communicated that at the last Public Works Committee meeting it was announced that there will be more crosswalk restriping done in the City. Secondly, he stated that there was discussion about stormwater utility rates and that the City is on the high end of rates when compared to local jurisdictions due to the Green River. He stated that there are cities that offer Incentives and those are being researched. I. Regional Fire Authority. - No report. EXECUTIVE SESSION None. ACTION AFTER EXECUTIVE SESSION None. ADJOURNMENT The meeting adjourned at 8:47 p.m. Aywe Ronald F. oore, MC City Clerk 7 i REQUEST FOR MAYOR'S SIGNATURE ® "i' Please Fill in All Applicable Boxes KEAI Originator: 5> uD , Phone (originator): Date Sent: i __ Date of Council A royal: i5/ ReturnDate of Approval from Finance: Signed Document t0:<�/ . LC<--�''�� (only required on contracts $10,000 &over or oh any Grant Agreements) _ Date Required: l,'/rf Date of Approval from Risk Manager: Vendor Na e: Budgeted: YES NO ❑ ' r z5 ��Lt �'. 7rz� Budget Fund: ,cC > l t3l Brief Explanation of Document: All Contracts Must Be Routed Through The Law Department (This area to be coriol¢Eed.bythe Low,, Department) Received: r, • _ �% /� Law Department Approved as to Form: Law Dept. Comments: {{ Date Forwarded to Mayor: k Shaded Areas To Be Completed By Administration Staff Received: 41 Recommendations and Comments: � � a Date Returned: l racmmvem.neommea<...m3nM sn.a murv�ago..m.m.. f. I