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HomeMy WebLinkAboutEC16-422 - Original - Consultant Services Agreement - Contract - 12/13/16 rt Records M en IGENT Document W A9XINGTON rr'A ny•s 4 hXr-j 14 f y CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name KDP Vendor Number: )D Edwards Number Contract Number: ELlu- This is assigned by City Clerk's Office Project Name: Dev Engineering Environmental Consultant Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment X Contract ❑ Other: Grant Contract Effective Date 17/)�JI(p Termination Date: 12/31/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kurt Hanson Department: Econ & Comm. Dev. Contract Amount: Approval Authority: (CIRCLE ONE) Department Director Mao City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Annual agreement As of: 08/27/14 j • KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Kent Downtown Partnership (KDP) THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Kent Downtown Partnership (KDP) organized under the laws of the State of [Insert State Co. Formed Under], located and doing business at 202 W. Gowe St. #A, Kent, WA 98032, (253) 813-6976 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Annual Consultant Services agreement with KDP to promote Kent and sustain businesses in the downtown core area. 2017 Scope of Work is detail and attached in exhibit A and will not exceed $33,600 and will be completed by December 31, 2017 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, 2017. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $33,600 including any sales tax, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A, B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this 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: 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. i 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 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 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, K. Counterparts and Signatures by Fax or Email. 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. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT:_ By: fr €a d By: yam✓ ¢"..,F[ GLa (Sgnaturg� ,�..� �.�• ; r (signature) Print Name: to t 31'h )CJ f PITnt Na Suzette Cooke Its Ma or (title � DATE: DATE: I NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Barbara Smith, Executive Director Julie Pulliam Kent Downtown Partnership (KDP) City of Kent 202 W. Gowe St. #A 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 253-93-6976 (telephone) (253) 253-856-5702 (telephone) (facsimile) (253) 253-856-5464 (facsimile) APPROVED AS TO FORM: Ken Law Department I I CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) L. 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: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 F 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 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 KEN, DOWNTOWN PARTNERSHIP November 8, 2016 City of Kent Mr. Ben Wolters, Director Economic &Community Development 220 Fourth Avenue,South Kent, WA 98032 Dear Mr.Wolters: The Kent Downtown Partnership would like to thank the City of Kent, the Mayor, Kent City Council and the Economic&Community Development Department for their continued support of our efforts to revitalize historical downtown Kent. This past year has been another amazing year based on all the things that have happened to improve the look and feel of Downtown Kent. The partnerships we have with the City of Kent and all its departments are why this has happened. It is obvious that we all want the same thing for our downtown and are working"together" to achieve this. We thoroughly enjoy our working relationship with other organizations throughout downtown, including our service clubs, museum, etc. Kent Downtown Partnership is aware of the importance of the financial support shown us by the City of Kent. I have submitted the new contract for the 2017 year. Should you have any questions, please do not hesitate to ask. You can reach me at 253-813-6976. Thank you for your continued support. We are excited about what we will all be able to accomplish in 2017 by working together. The downtown continues to become more-and-more vibrant and alive with activity. Respectfully, Barbara Smith, Executive Director 202 West Gowe Street,Suite A,Kent,WA,98032 253-913-6976 barbaras@1(entdowntown.org www.downtownkentwa.com EXHIBIT A Kent Downtown Partnership 2017 SCOPE OF WORK Billing Requirements: Kent Downtown Partnership will bill on a monthly basis for $2800; total annual contract is $33,600. Executive Director: Barbara J. Smith, barbaras(&kentdowntown.or , 253-813-6976 Organizational Statement: The Kent Downtown Partnership serves as a partner between businesses, property owners, residents, non-profit organizations and the city to strengthen and develop a vibrant downtown Kent through its organization, design, promotion and economic development. 1. Create sponsorship opportunities for businesses to sponsor more of our events 2. Get WA ST legislators to increase the Stare B&O tax limit to $3M from $1.5M 3. Continue to maintain a sense of community in downtown 4. Continue to work with the City of Kent Administration and Departments to insure that Downtown Kent becomes a more dynamic place to live, work, shop, dine and play over the next five years. 5. Work with our Economic Development and Design Committee and the City of Kent to create quieter zones in downtown. 6. Have Board members make visits to our downtown businesses. Design Committee: The goal is to create an environment in historical downtown of vibrancy, a safe and friendly place to shop and bring the family. 1. Work with Art Committee (sub-committee under Design) to bring more art into downtown. Also, be inclusive of the City and the City's Art Commission. 2. Continue work on creating Quieter Zones in downtown. 3. Continue work on Dragonfly Project. 4. Continue with Fagade Improvement grants 5. Select 2017 Design Award winners 6. Continue work with city to place planters throughout downtown 7. Continue work with the city to replace green benches with black benches downtown 8. Work on upgrading or replacing current trash containers in partnership with city departments 9. Tell the history of our downtown by use of the back of buildings that are facing the railroad tracks, such as murals. 10. Continue our work with the Greater Kent Historical Society to place historical plaques on at least five to ten buildings in downtown. 11. Continue our work with the City's Code Enforcement Dept. to address blithe buildings and property in downtown. 1 i 12. Continue to work on bringing a building-design consultant to downtown to review existing storefronts and interiors. Offer this service to our downtown property owners and merchants for two days annually. 13. Continue efforts to lease/own BNSF train depot building; after our structural engineer is allowed to enter the building. If affordable we would then move forward with researching a location to move it to and raise fiords to achieve this. Safety & Security: To create an environment that downtown is safe to live, shop and bring the family to. This is a sub-committee of Design. 1. Host monthly meetings with Kent City police officers, regional library, businesses, Kent Station and KDP 2. Maintain no graffiti in downtown 3. Host annual Downtown Clean-Up Day in partnership with the City of Kent 4. Continue work on lighting up downtown for safety reasons 5. Support and encourage the Kent Police Department's bike patrol program in downtown Kent Art Committee: The Art Committee was created to oversee the "Third-Thursday Art Walk". It is now called the Third Thursday Art Nite. In addition, we have asked them to include the City's Art Commission on their committee (which they have) to address bringing art into downtown. Art to them is just not art created by individuals using various mediums but music, dance, etc. 1. Create opportunities for artists to exhibit their work. 2. Bring people to downtown businesses to help the success of downtown. 3. Host monthly, Third Thursday Art Nights; eventually get back to Art Walks. 4. Work on bringing public art in downtown. 5. Cross promote events with other artsy events; such as, Kent Lutheran Church concerts. 6. Create a mobile display that can travel to other venues marketing the Third Thursday Art Nite. 7. Connect Downtown with Kent Station through art. Economic Development Committee: Sustain the businesses we have; bring new businesses to downtown; encourage building of residential downtown; provide affordable educational opportunities for our businesses and continue enhancing our communications with property owners. 1. Work with the City of Kent on the "Meet Me on Meeker"project; including being sure the project goes all the way to Central Avenue, 2. Work with the City of Kent on the lighted project on Meeker at the 167 Highway overpass. 3. Create a designated "Historic District" on First Avenue, 4. Replace banners in downtown. 5. Fill vacant storefronts by recruiting businesses that will bring people downtown; retail and restaurants. 2 6. Monitor location of the new parking Sound Transit garage. 7. Light-up additional downtown buildings. 8. Have a least one building owner agree to landmark status for building improvements. 9. Facilitate with the City development of the two properties at 2"d &Meeker, north i and south. 10. Work with the City and KDP's other committees to create quieter zones in downtown; BNRR&UP. 11. Continue work with property owners to improve their buildings/storefronts; host an annual Property Owner's meeting. 12. Continue providing educational opportunities for businesses. 13. Continue working with the City's Code Enforcement Dept. to develop mandates for property owners to maintain their buildings/property. Membership Committee: To maintain our current members and grow membership. 1. Recruit more volunteers to the Membership Committee. 2. Develop grassroots to create a"T-Bird Tuesday'; with permission of T-Birds. 3. Increase participation to our Meet& Greet events to 45 people. 4. Work with Board to become more engaged in recruiting new members. 5. Make appointments with new members for face-to-face visits. 6. Continue to grow membership including residential members. 7. Continue to develop tools to increase value of membership and secure members. 8. Distribute welcome bags to new businesses and new residents in the apartments. Marketing Committee: Market Downtown Kent and all its businesses and develop strategies, such as social media and a new website that gives people more reasons to come downtown. 1. Increase printed advertising in support of our activities/events. 2. Increase our social media presence. 3. Develop one new marketing strategy. 4. Secure volunteers to help with marketing on website and social media. 5. Use QR codes for marketing, where appropriate. 6. Continue creating marketing opportunities with ShoWare Center. 7. Continue to support and market Seattle Thunderbirds and their games. 8. Promotions Committee: The committee chair of Promotions oversees the Membership and Marketing Committees. Goal is to provide multiple reasons for people to come to historical Downtown Kent to shop, dine, and play. 1. List ten reasons one website why businesses should be a member of KDP. 2. Provide eight events to encourage people to visit downtown. 3. Expand the Marketing/Membership/Promotions Committees by six people. 4. Expand Marketing/Membership/Promotions volunteer base by six people. 3 5. Incorporate live music into events in downtown, as appropriate. 6. Continue to review existing events to insure cost/benefit. 7. Plan one new event in 2017 that will replace an existing event. Administrative Staff: To support and assist with the goals of the Kent Downtown Partnership Board and to assist in communication of these efforts to the public. 1. Find grants for the various projects KDP is working on; such as lighting for downtown 2. Purchase a database that will make our accumulation of volunteer hours, etc. more efficient and accurate 3. Executive Assistant to learn bookkeeping duties for office. 4. Use videos more to promote our businesses on YouTube/Facebook/Website. 3. Tell our story more often through a variety of media. 4. Keep new website updated timely. 5. Secure more volunteers to help with events/office/activities. 6. Keep open communication with City of Kent and its departments, service groups, and other organizations and businesses we work with to accomplish our goals and assist them in reaching theirs. 4 I-- EXHIBIT A Kent Downtown Partnership 2016 SCOPE OF WORK The following are the goals accomplished in 2016. Organizational Statement: 1. Create sponsorship opportunities for businesses to sponsor more of our events. Accomplished. 2. Continue with and create new activities downtown. Accomplished. 3. Continue to create reasons for more people to go to our new website. Continue. 4. Maximize our social media opportunities. Improved; more work to do. 5. Continue to maintain a sense of community in downtown. Accomplishing. 6. Continue our great working relationships with the City of Kent and our non- profits groups throughout Kent. Accomplished but must continue. 7. Bring RIVITALIZE WA conference to downtown Kent in 2016; no hotels in core of downtown so bid was denied. Business & Occupation Committee: 1. Raise $133,333.33 for 2016 by January 2016. This did not happen; we only raised $56,000 due to increase in the number of communities all registering for a piece of the State's cap of$1.5 M. 2. Promote sponsorships to encourage businesses to get involved. Accomplished. 3. Reach out beyond downtown Kent for partners in the B&O program; this is their downtown too. This was done but when they tried to register the State met it's cap. i Design Committee: Schedule Downtown Clean-Up Day in partnership with City of Kent for May 2015 1. Continue work on Dragonfly Project; continuing this into 2017. 2. Continue to move forward by working with the city on a "quieter zone" in downtown in partnership with our Economic Development Committee. Working with City on this ongoing project. 3. Continue with Fapade Improvement grants. Provide over$5000 in grants. 4. Select 2016 Design Award winners. Accomplished. 5. Continue work with city to place planters throughout downtown. Worked with Parks Dept. and they requested we not purchase any more at this time. 6. Continue work with the city to replace green benches with black benches downtown. We still have four of the benches from 2015, that have not been installed so no need to purchase more until they are. 7. Work on upgrading or replacing current trash containers in partnership with city departments. This project is continuing into 2017, but we do have a sample one for all the city departments, Republic, etc. to look at for their approval. 8. Place art in vacant storefront. We accomplished this by paying to have a false wall built at 2"d & Meeker window and now art is being displayed there. 1 9. Tell the history of our downtown by use of the back of buildings that are facing the railroad tracks. Discussion but no action taken yet. 10. Continue efforts to lease/own BNSF train depot building; after our structural engineer is allowed to enter the building. If affordable we would then move forward with researching a location to move it to and raise funds to achieve this. No communication from BNRR, therefore, we are unable to move forward on this project. 11. Redevelop the pocket park between First Avenue and the alley of Gowe Street. No action taken on this project yet. 12. Create a good first impression of downtown; such as gateways. Ongoing work is happening on Meeker with the Highway 167 Overpass lighting project. 13. Research a different wayfinding (sign) system in downtown; includes funding. No action taken at this time. 14. Create "good" first impressions of downtown. Accomplishing; ongoing. 15. Continue to develop blade signage downtown; good business signage equals more money. No action at this time. 16. Invest heavily in beautification of downtown. Accomplished through planters, benches, graffiti removal, clean-up work parties. 17. Continue work on developing public gathering places. No new locations established at this time. 18. Continue our work to have businesses and property owners enhance their storefronts; including art in windows, artist, Kent Museum, etc. Accomplished through our 2Id & Meeker art project. Safety & Security: 1. Host monthly meetings with Kent City police officers,regional library, businesses, Kent Station and KDP. Accomplished. 2. Maintain no graffiti in downtown. Accomplishing by removing as quickly as we know about it. 3. Host annual Downtown Clean-Up Day in partnership with the City of Kent. Accomplished. 4. Continue work on lighting up downtown for safety reasons. Accomplished. 5. Support and encourage the Kent Police Department's bike patrol program in downtown Kent. We do support and will write letters if needed. Economic Development Committee: 1. Fill vacant storefronts by recruiting businesses that will bring people downtown; retail and restaurants. City and KDP have worked together to accomplish this. 2. Explore incentives for pop-up businesses. No action taken at this time. 3. Improve lighting and cleanliness at.Tames Street overpass. Lighted business rooflines but no action on James Street overpass. 4. Work with Design in creating quieter zones in downtown; BNRR & UP. Working with the City to accomplish this; ongoing. 5. Host a Real Estate Broker's Open event. No action taken. 2 6. Continue work with property owners to improve their buildings/storefronts; host an annual Property Owner's meeting. Worked with Design and City's Code Enforcement Dept. to accomplish this. 7. Continue providing educational opportunities for businesses. Budget limited our ability to do this but Promotions did provide Facebook education for businesses. 8. Create opportunities for property owners to cover vacant windows with wraps. No action taken at this time. 9. Promote that downtown Kent has "free parking". Working with City's department to work on creating a map for the website as well as the ability to download a map where parking is available. Not finished yet. 10. Support our shop local campaign; Find It in Kent. No action taken for Find It in Kent but Promotions did create a Sip & Shop event on Shop Small Day this year. 11. Create funding for continuing our efforts in `lighting up" downtown, Accomplished. 12. Select award winners for Best Restaurant, Best Retail, Best Service, and Best Professional business. Accomplished. 13. Continue our effort to bring more residential in downtown Kent. Thanks to the City we now have two new apartment complexes in downtown with two more on their way. 14. Continue to work on bringing a grocery store, not just a convenience store, to downtown Kent. No action at this time. 15. Continue work with County to place a brochure rack at the Sounder Garage. No action taken at this time; shifted focus to working with Sound Transit on where the new parking garage will be located. 16. Work with the City to develop mandates for property owners to maintain their buildings; define what the consequences would be. Accomplished thanks to the City creating a new Code Enforcement Dept. 17. Sponsor no less than one of ShoWare Center events monetarily. Accomplished by purchasing curtains for them that we will be able to use in our future events. Membership Committee: 1. Recruit more volunteers to the Membership Committee. Continuing to work on this; although we did gain more,we still need more volunteers. 2. Work with Board to become more engaged in recruiting new members. This did not happen but Board agreed in 2017, they will be. 3. Review monthly financial reports that tell us who is 30/60/90 days overdue in payment of their membership fees and act on i. Accomplished. 4. Make appointments with new members, face-to-face. Accomplished; still need to do more. 5. Continue to grow membership by 20% & continue retaining members. Accomplished. 3 6. Continue to develop tools to increase value of membership. Continue to work on this project. 7. Distribute welcome bags to new businesses as well as long-term members. Accomplished; took welcome bags to Dwell@KentStation. Promotions/Marketing Committee: 1. Continue bringing more people downtown. Accomplished by growing current events and creating new ones. j 2. Continue with current events but grow them and maintain the quality of the event. Accomplished. 3. Find more sponsors to fund events. Accomplished. 4. Find more volunteers to help with event. Accomplished. 5. Host a monthly Third Thursday Art Walk which includes youth art. Accomplished. 6. Get downtown businesses more involved in events, activities. We were able to get a couple more businesses involved; ongoing effort. 7. Grow attendance at monthly Good Morning Kent meetings. Difficult to do; after seven months, discontinued them. 8. Host a car show-HAWKtoberfest. Accomplished. 9. Host our annual dinner/auction fundraiser in June at ShoWare Center. Accomplished. 10. Continue to support Kent Lion's with Cornucopia and Winterfest. Accomplished. 11. Host Small Business Day in Novembe. Accomplished by creating a wine walk called Sip & Shop. 12. Work with City of Kent on Students Spring into Art. Accomplished this through our newly formed Art Committee. 13. Host no less than three Downtown Breakfast Hours. Accomplished two this year. 14. Continue with updates to Regional Justice Center kiosk and menu binder located in Juror's Room at the Regional Justice Center. Accomplished. 15. Continue partnering with City, Chamber, Kent Station and other organization, including non-profits, that help us to promote and revitalize our downtown. Accomplished. 16. Continue creating marketing opportunities with ShoWare Center and our businesses to cross market. No action taken this year. 17. Continue to support and market Seattle Thunderbirds and their game. Accomplished through our weekly Eblasts, Administrative Staff- 1. Continue posting of activities and businesses you can find in downtown on Faccbook and other social media and website. Accomplished by creating a more functional website. 2. Find grants for the various projects KDP is working on; such as lighting for downtown. Instead of grants,we worked on sponsorships. 4 I f 3. Purchase a database that will make our accumulation of volunteer hours, etc. more efficient and accurate. No action taken this year but in the works for 2017. 4. Executive Assistant to learn bookkeeping duties for office. Accomplished. 5. Use videos more to promote our businesses on YouTube/Facebook. No action taken but will worts towards this in 2017. 3. Put a video on website to promote downtown and educational programs for members. Accomplished through our video RAPPY in DOWNTOWN but no educational programs created. We discovered there are lots available online and we do not need to duplicate other's efforts. 4. Create an annual report to share with members and city council. Report available but been instructed that it is not necessary as city, etc., know what we are accomplishing. 5. Tell our story more often through a variety of Medias. Accomplishing. 6. Continue to assist in raising money for projects, such as, lighting, ail, etc. Accomplished; as much as $22,000. 7. Keep website updated timely. Accomplished by creating a new, more functional website. 8. Secure more volunteers to help with events/office/activities. Accomplishing. 9. Keep open communication with City of Kent and its departments, service groups, and other organizations and businesses we work with to accomplish our goals and assist them in reaching theirs. Accomplished. 10. Work with Economic Development to educate businesses about later hours and being open on the weekends. Ongoing. 5 EXHIBIT S INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT 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. I i .�� KENTDOW-01 SFISHER DATE(MWDDNYYY) CERTIFICATE OF LIABILITY INSURANCE 5/17/2016 THIS CERTIFICATE IS 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(&),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 certificate holder In Ilau of such endorsement(s). PRODUCER CONTACT NAME: Maury,Donnelly&Parr PHONE --- _- - FaX 24 Commerce St. XC No E.c:(410)686-4625 Alc Ne:(410)685-3071 Baltimore, MD 21202 E-MAIL -- - ADDRESS: INSURERIS)AFFORDING COVERAGE NAICN INSURER A:American Casualty Co.of Reading, PA 20427 INSURED INSURER B:Continental Casualty Company 20443 Kent Downtown Partnership INSURER C: 202 W.Gowe Street INSURER D: Kent,WA 98032 - _- - -_- INSURER E: 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. INSR TYPE OF INSURANCE ADD L SUER - - POLICY EFF POLICY EXP LTR INSD WVD _ _ _POLICY NUMBER MMILDIcy YY MWODIYYYY LIMITS A X I COMMERCIAL GENERAL LIABILITY 11 EACH OCCURRENCE $ 1,000,000 i CLAIMS-MADE C OCCUR X L:6011382612 04/08/2016 0410812017 PREMISES lEa omunence IS 300,000 MED EXP(Any one person) $ mod PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIM IT APPLIES PER: GENERAL AGGREGATE S 2,000,000 X POLICY❑JECTPRO- El LOC PRODUCTS-COMPIOP AGG $ 2,000,600 PRO- OTHER' _ _ $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT § Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED (SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ _ HIREDAUTOS NONOWNED PROPERTY DAMAGE - - $ AUTOS (Pgramdenp X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 B EXCESS LIAB CLAIMS-MADE 6011383291 04/08/2016 04108/2017 AGGREGATE $ 1,000,00 DED RETENTION$ _ _ __ $ WORKERS COMPENSATION PER OTH- ANDEMPLOYERS'LIABILITY YIN STATUTE ER 'A FFICER EMBEFIPARTNERIEXECUTIVE ❑ NIA E.L.EACH ACCIDENT 5 (Mandan ry In NHR EXCLUDE09 (Mentlatoryln NH) E.L.DISEAGE-EA EMPLOYE $ U Yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 'i DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remerka 3chetlule,mey be aHachetl if more space is required) City of Kent is an Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE 7 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD POLICY NUMBER INSURED NAME AND ADDRESS B 6011382612 Kent Downtown Partnership Kent 202 W GOWE ST p SUITE A KENT, WA 98032 POLICY CHANGES ENDORSEMENT .EPPECTIVE O1/07/2015 Thks Change Endorsement changes the Policy. Please read it care£µlly: This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. The following Additional Insured(s) has (have) been added: Type: Designated Person or Organization Name: CITY OF KENT Name 2: Address: 220 4TH AVE S Address 2: City: KENT State: WA Zip Code: 98032 I Ch*man of*e 2.aftl mlery G-56015-B (ED. 11/91) w k � c WIT DIV REQUEST FOR MAYOR'S SIGNATURE ®NT Please Fill in All Applicable Boxes ICE w. Originator: Julie Pulliam Phone (originator): 5702 Date Sent: 12/6/16 Date of Council Approval: N/A Return Date of Approval from Finance: 12/6/16 Signed Document to: Julie Pulliam (only required on contracts $10,000 &over or on any Grant Agreements) Date Required: ASAP Date of Approval from Risk Manager: 11/29/16 Vendor Name: KDP Budgeted: YES ® NO ❑ Kent Downtown Partnership Budget Fund: 10004500.64190.6501 Annual agreement w/KDP and the City to promote and sustain business in the downtown core area. Not to exceed $33,600 and will expire 12/31/2017 CIA �=t -,Must Be Routed Through The Law Department (This area to be completed by the Law Department). rf 8 Received: Law D rtfApRo�d 'iPo4r�n: Law Dept. Comments: t Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: Date Returned: vmm�vmam�mom a„omswaxsiam ion rRarossromw.<�..