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HomeMy WebLinkAboutCity Council Committees - Operations - 04/03/2012 (3) • KEN T WASH NOTON Operations Committee Agenda Council members: Dennis Higgins * Jamie Perry * Les Thomas, Chair April 3, 2012 4:00 p.m. Item Description Action Speaker Time Page 1. Approval of Minutes YES 1 Dated March 20, 2012 2. Approval of Check Summary YES Bob Nachlinger Report dated March 1 — 15, 2012 3. Green River Community College YES Josh Hall 5 Min. 3 Small Business Assistance Center 2012 Contract — Authorize 4. CAI Contract - Authorize YES Ben Wolters 5 Min. 15 5. Annual Software Maintenance YES Mike Carrington 5 Min. 23 Purchases over $25,000 a year - Authorize 6. Streets and Parks Infrastructure NO John Hodgson 45 Min. 29 Project Update (INFORMATION ONLY) Unless otherwise noted, the Operations Committee meets at 4:30 p.m. on the I" and 3r' Tuesdays of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. Dates and times are subject to change. For information please contact Pam Clark at (253) 856-5723. Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. z This page intentionally left blank 1 KENT WASHINGTON OPERATIONS COMMITTEE MINUTES March 20, 2012 Committee Members Present: Les Thomas (chair), Dennis Higgins, Jamie Perry The meeting was called to order by L Thomas at 4:03 p.m. 1. APPROVAL OF MINUTES DATED MARCH 6, 2012. D. Higgins moved to approve the Operations Committee minutes dated February 21, 2012. L. Thomas seconded the motion, which passed 2-0 with J. Perry's concurrence. 2. APPROVAL OF CHECK SUMMARY REPORTS DATED FEBRUARY 16 THROUGH FEBRUARY 29, 2012 D. Higgins moved to recommend Council approve the Check Summary Reports dated February 16 — 29, 2012. L. Thomas seconded the motion, which passed 2-0 with J. Perry's concurrence. 3. RECOMMEND COUNCIL APPROVE THE APPOINTMENT OF BLANE WEBBER TO THE LODGING TAX ADVISORY COMMITTEE. Blane Webber is currently the General Manager at the Marriott TownePlace Suites in Kent. He assumes the committee position as the business representative. Mr. Webber's position would be for a three year term, which would expire December 31, 2015 D. Higgins moved to recommend council approve the appointment of Blane Webber to the Lodging Tax Advisory committee. L. Thomas seconded the motion, which passed 2-0 with J. Perry's concurrence. 4. MOVE TO RECOMMEND CITY COUNCIL AUTHORIZE THE MAYOR TO ENTER INTO A CONTRACT WITH IMAGE SOURCE INC., FOR THE ANNUAL SOFTWARE AND MAINTENANCE, IN AN AMOUNT NOT TO EXCEED $53,976.29. The Information Technology Department needs to renew the annual support and maintenance agreement with ImageSource Inc. who provides primary support for the city's records and imaging system. The renewal cost is included in the budget; however, per city purchasing guidelines it must be approved by the City Council. The city has been using this system for over 10 years. The contract will expire in two years and other systems can be considered at that time. S. SHOWARE CENTER ECONOMIC IMPACT STUDY (INFORMATION ONLY) The ShoWare Center has been operating for three years. B. Wolters, Economic and Community Development Director and several city and community leaders, feel this is a good time to evaluate the economic impact on the city. The study will provide an analytic foundation for City strategies to continue growing the ShoWare Center's positive impact on City's economy and quality of life. The Operations Council is in support of Council providing financial support for the study. They feel the Center's presence is positive and contributes to the future growth in Kent. B. Wolters is proposing that Economic and Community Development proceed with a contract with Community Attributes Inc. (CAI) to produce an analysis of the economic impact of the ShoWare Center. The contract for $36,400 will be brought to the Operations Committee for review and approval 2 Operations Committee Minutes March 20, 2012 Page: 2 at a later date. Because CAI has an existing working knowledge of the ShoWare Center, they will provide the most cost effective and comprehensive information. Public comment was given by Will Watson of 23005 1301h PI SE, Kent, WA 98031. He expressed his concerns that the ShoWare Center is not being marketed as well as it can be to be successful and offered examples. B. Wolters said they are working with T. Higgins, ShoWare Manager to create awareness of the Center. The meeting was adjourned at 4:47 p.m. by L. Thomas. Pamela Clark Operations Committee Secretary 3 ECONOMIC & COMMUNITY DEVELOPMENT • Ben Wolters, Director KEN T Phone: 253-856-5703 WnSHINGTON Fax: 253-856-6454 Address: 220 - 4th Avenue S Kent, WA. 98032-5895 DATE: April 3, 2012 TO: Kent City Council Operations Committee FROM: Kurt Hanson, Economic Development Manager THROUGH: John Hodgson, Chief Administrative Officer SUBJECT: Green River Community College- Small Business Assistance Center 2012 Contract. MOTION: I move to recommend approval of the 2012 Consultant Services Agreement with Green River Community College's Small Business Assistance Center, not to exceed $21,102. SUMMARY: Green River Community College's Small Business Assistance Center shall offer to Kent residents and to individuals seeking to open a business in Kent one-on-one counseling and classes. Counseling sessions shall be available at no cost to the client. Workshops and classes shall be available at no or low cost to the participant. Information for lending options shall be available for those clients needing capital. The yearly contract amount with Green River Community College — Small Business Assistance Center is the same as 2011 with the requirement of an updated reporting form with the inclusion of additional reporting requirements and metrics to better quantify performance. This contract amount will not exceed $21,102.00. If you have any questions prior to the meeting, please call Kurt Hanson at (253) 856-5706. EXHIBITS: Agreement attached 4 KENT WASHINOTON CONSULTANT SERVICES AGREEMENT between the City of Kent and State of Washington, Green River Community College's Small Business Assistant Center THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and State of Washington, Green River Community College's Small Business Assistant Center organized under the laws of the State of Washington, located and doing business at 417 Ramsey Way, Suite 112, Kent, WA. 98032, (253) 856-9595 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Provide to interested Kent residents and individuals seeking to open a business in Kent, one-one-one conseling and classes as described in the Consultant's Scope of Services attached and incorporated as Exhibit A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2012. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $21,102.00, plus applicable Washington State sales tax, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 5 B. The Consultant shall submit quarterly 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: 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 CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 6 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 INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 7 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 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 8 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. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Leslie Moore, Dean for Branch Campuses & Kurt Hanson, Economic Development Manager Continuting Education City of Kent 220 Fourth Avenue South Kent, WA 98032 417 Ramsey Way, Suite 112 Kent, WA 98032 (253) 856-5706 (telephone) (253) 856-6454 (facsimile) (253) 833-9111 x3375 (telephone) (253) 288-3780 (facsimile) APPROVED AS TO FORM: Kent Law Department [In this field.You may enter the elect out filepeN where the contact has been saved] CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 9 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20 . By: For: Date: EEO COMPLIANCE DOCUMENTS - 1 10 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 11 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 12 EXHIBIT A Following is the Scope of Service for the Consultant Services Agreement between the City of Kent and Green River Community College's Kent Small Business Assistance Center for the calendar year 2012. I. Description of Work Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Green River Community College's Kent Small Business Assistance Center shall offer to Kent residents and to individuals seeking to open a business in Kent one-on-one counseling and classes in the following areas: Small Business management Buying or selling a business Business location analysis Marketing and sales Financial and cash flow management Human Resource management Expanding into new markets Export assistance Inventory control Strategic planning Sources of capital Business plan development Focus on adding clients within the East Hill and West Hill of Kent Increase specified training topics such as business stabilization in tough times Counseling sessions shall be available at no cost to the client. Workshops and classes shall be available at no or low cost to the participant. Information for lending options shall be available for those clients needing capital. The consultant shall provide quarterly reports to the City(see template, Attachment A) on number of clients served, number of counseling hours,jobs created and saved, new loan proposals and loans approved. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. Amount being awarded by the City of Kent for 2012 is $21,102.00 to be reimbursed quarterly to Green River Community College upon receipt of invoice. 13 EXHIBIT B 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. 14 EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 15 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 KENT Fax: 253-856-6454 WASH INGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: April 3, 2012 FROM: Ben Wolters, Economic and Community Development Director THROUGH: John Hodgson, Chief Administrative Officer SUBJECT: ShoWare Center Economic Impact Study Contract MOTION: I move to recommend approval of the Consultant Services Agreement with Community Attributes International to provide the ShoWare Center's Economic Impact Analysis, not to exceed $36,400. SUMMARY: Several City and Community leaders desire a study that quantifies economic impacts associated with the ShoWare Center's activities. The study will provide an analytic foundation for City strategies to continue growing the ShoWare Center's positive impact on City's economy and quality of life. Attached is the proposed contract with Community Attributes International (CAI) who will be providing the economic impact assessment of the ShoWare Center for the City of Kent. As part of the economic development plan update process, CAI performed interviews with business leaders in Kent and facilitated a business forum in collaboration with City Economic Development Division staff. Through the interviews and the business forum, the importance of ShoWare Center emerged as a critical asset for local economic development. Business leaders citywide cited ShoWare's importance as an iconic landmark and regional draw. However, City leadership and stakeholders alike feel that ShoWare has even more potential for economic and fiscal benefits to the City. Current survey data does not capture ancillary spending of ShoWare visitors, but many in the business community feel that its economic impact is positive. As a publically managed and financed facility, the City is interested in understanding the full economic and financial benefits of the ShoWare Center and supporting its long-term sustainability and independence as an enterprise fund. With ShoWare Center now having been in operation for three years, there is now a solid base of data from which to develop a refined and useful assessment of ShoWare Center's past and future economic benefit to the City of Kent. This contract will not exceed $36,400. BUDGET IMPACT: Yes EXHIBITS: 2012 Consultant Services Contract 16 iJX, c `tad„5 "��'��� �IIIIIIIII Exhibit A ShoWare Center Economic Impact Analysis Scope of Services March 15, 2012 PROJECT UNDERSTANDING Community Attributes completed analyses and facilitated identification of strategic themes for an update to the City of Kent economic development plan in late 2011. As part of the economic development plan update process, CAI performed interviews with business leaders in Kent and facilitated a business forum in collaboration with City Economic Development Division staff. Through the interviews and the business forum, the importance of ShoWare Center emerged as a critical asset for local economic development. Business leaders citywide cited ShoWare's importance as an iconic landmark and regional draw. However, City leadership and stakeholders alike feel that ShoWare has even more potential for economic and fiscal benefits to the City. Survey data are not currently captured on ancillary spending of ShoWare visitors, but many in the business community feel that its economic impact is positive. As a publically managed and financed facility, the City is interested in long-term sustainability of the facility and supporting its independence as an enterprise fund. City economic development leaders desire a study that quantifies economic impacts associated with its activities. The study will provide analytic foundation for City strategies related to ShoWare. The following section includes a proposed scope of work to provide this economic impact assessment of the ShoWare Center for the City of Kent. PROJECT APPROACH The approach to this work leverages existing data from the ShoWare center, combined with primary data collection in the form of ShoWare attendee surveys and business interviews, along with impact modeling to tell a complete story of the economic impact of ShoWare center. Survey research will attain ancillary consumer spending data to describe visitor and business activity related to ShoWare. The business survey will enhance perspectives on activity before, during and after ShoWare events and impacts on a variety of business types and locations. The business survey should include representatives from retail, restaurateurs and other businesses types and local business associations. The following section presents a detailed Work Program, with options. The tasks are included as a menu of options, offering varying degrees of completeness to tell the ShoWare story. Budget trade-offs are discuss in the subsequent section. SboVare Economic Impact Study Marcb 15, 2012 Page 1 17 WORK PROGRAM This section presents the anticipated tasks and associated level of effort required to complete the analysis. Task 1 . Baseline Information and Data Assembly • Verify ShoWare revenue sources, tax rates, revenues and expenditures to date. • Review current net revenues accruing to the City, by segment, size of event and other data useful for analyzing demand. • Review expenditures, operating and maintenance costs. Deliverable: Technical memorandum Budget: $3,600 Schedule: Weeks 1 through 4 Task 2. Visitor and Business Survey and Profiles Intercept Survey For an intercept survey, Community Attributes is experienced in collaborating with survey research firms to augment quantitative analysis. We are prepared to contract with local firms as a subcontractor for this task (price reflects estimates gathered in developing this scope). Deliverable: Design of intercept survey, Survey analysis and results; Visitor and business profiles Budget: $15,400 ($7,500 for survey, $7,900 for data analysis and reports) Schedule: Depends on schedule for representative events, plus 2 to 4 weeks for draft report Task 3. Local Business Interviews Identify businesses believed to benefit from ShoWare events. Conduct telephone interviews with up to 20 local businesses to assess the following: • Goods and services offered • Dependence on ShoWare events • Revenues and expenses • Marketing efforts currently underway • Needs from City Deliverable: Design interview protocol; Survey analysis and results Budget: $7,500 Schedule: Weeks 3 to 8 Task 4. Economic Impact Model & Capture Scenarios SbolEare Economic Impact Study Marcb 15, 2012 Page 2 18 • Combine analysis of ShoWare data and survey data to estimate economic impacts. Benefits quantified will include the following direct and indirect benefits (additional items from the City are welcomed for discussion): — Property tax revenues — Sales tax revenues, including construction-related one-time revenues, on- going sales tax from operations and shared revenues (including Streamlined Sales Tax impacts, to the extent possible) — Parking tax revenues — Hotel/motel tax revenues — Utility tax revenues Jobs by type — Wages • Estimate indirect and induced benefits using IMPLAN input/output modeling — Quantify impacts for King County as a whole — Estimate impacts captured by City of Kent activity Deliverable: Technical memo with exhibits, charts, graphs and summary findings Budget: $4,900 Schedule: Weeks 8-12 (Depending on survey schedule) Task 5. Draft and Final Reports • Mine and integrate relevant stakeholder input from CAI's update to the Kent Economic Development Plan interviews and business forum input to inform potential strategies to consider. • Integrate technical memo, survey results and profiles and findings from other tasks into a complete report. • Draft findings in a report format with summary tables of key findings and spreadsheets. (Electronic files will be transferred). Deliverable: Draft and final report Meetings: Two; one to review preliminary findings and one to review draft report Budget: $5,000 Schedule: Weeks 8 through 12 Budget and Schedule All tasks require an estimated $36,400, reflected in the estimate of hours and tasks in the following budget exhibit. Including an on-line survey, in lieu of the intercept survey, would reduce the costs to $32,400. SbolEare Economic Impact Study Marcb 15, 2012 Page 3 19 Proposed Budget Hours Costs Task 1. Baseline Information and Data Assembly 36 $3,600 Task 2. Showare Customer Intercept Survey 200 $15,400 Task 3. Business Interviews 70 $7,500 Task 4. Economic Impact Model 48 $4,900 Task S. Meetings & Reports 40 $5,000 Total Labor 394 $36,400 ShoWare Center Requirements ShoWare Center will provide the following to Community Attributes: • Contact information for online surveys Information on bond service, operations and maintenance for comparison with economic benefits • Information related to current benefits to the City from existing businesses and economic activity SboVare Economic Impact Study Marcb 15, 2012 Page 4 20 References We encourage you to contact the references below who can speak to our expertise in providing fiscal and economic impact models: • Jeff Marcell, President& CEO, enterprise Seattle, (206) 389-8654; jmarcell@enterpriseseattle.org • Lyman Howard, Assistant City Manager/Finance Director, City of Sammamish; (425) 295-0590; lhoward@ci.sammamish.wa.us SboVare Economic Impact Study Marcb 15, 2012 Page 5 21 EXHIBIT B 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. 22 EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 23 KENT INFORMATION TECHNOLOGY DEPARTMENT Mike Carrington, Information Technology Director Phone: 253-856-4600 Fax: 253-856-4700 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: April 03, 2012 TO: Kent City Council Operations Committee FROM: Mike Carrington, IT Director THROUGH: John Hodgson, Chief Administrative Officer SUBJECT: Annual Software Maintenance Purchases over $25,000 a year. MOTION: Move to recommend City Council authorize the Mayor to execute the Information Technology Department purchase orders and associated contracts for systems with annual maintenance costs over $25,000 per year.. SUMMARY: The Information Technology Department has a number of business systems in which the annual support and maintenance renewal costs are over $25,000 annually. Historically, the IT Department has sought approval from Council to address these particular maintenance costs via one approval process. This motion is in accordance with that precedence and seeks the Council's approval for the current calendar year list of systems summarized in the attached table. The annual support and maintenance renewal of our systems that are over $25,000 have historically been approved as part of the standard budget process and are thereby included as an element of the final budget document. Due in part to the protracted timeline for establishing the 2012 budget, this list was drafted, but inadvertently omitted from the final documentation. While the 2012 budget does include the funding for these maintenance contracts, The Information Technology Department is asking for approval of the entire list at this time in accordance with past practices. BUDGET IMPACTS: No impact to the budget as the funding for the support and maintenance contracts was approved as part of the 2012 budget. EXHIBITS: List of IT Systems with annual maintenance over $25,000. 24 IT 2012 Maintenance Contracts over $25,000 2012 Vendor Category Application Budget ImageSource (Oracle) Document Management Document Imaging &Management $ 55,153 ESRI GIS -Geographic Information Systems ArcInfo,ArcView,ArcPad,ArcIMS $ 36,330 Customer Service/ Infor (Hansen) Asset Management Plant/Sewer/Storm/Street/Water $ 33,811 Accela (KIVA) Permitting Permitting &Workflow Management $ 25,061 Oracle OneWorld (JDE) Payroll/Personnel/Finance ERP - Enterprise Resource Planning $108,477 Mythics (Oracle) Oracle Database &JDE Tech Foundation Database Management Systems $ 48,410 Qwest Phone Switch Maintenance Telephony/Phones $ 47,811 Liebert Global Services Uninterruptable Power Supply Maintenance Network/Uninterruptable Power $ 25,200 *City Hall &Station 74 Supply Active Network Registration/Payment/Membership Registration &Account Management $ 25,000 (Class/Escom) Management Tiburon Law Enforcement Records Management Police Department - Records $131,163 * Maintenance &Level II DBA Support Storage, Retrieval and Update Desktop, Back Office, and Operating Systems Microsoft icesoft Enterprise Agreement $ 67,038 WA State $603,454 25 C J m C q O 0 O C 0 V C 0 m w w a m T O W C O- m i m u V' C 3 C W J L 'Od > W O 0mE OL w0 ui Qa m -o C E w w m V T E w m V m o, v m � w " m w m w m D m w s > V O 0 O y0 � O O' m O m V W y E - � 0 U m u T T '� U m C C L O m w ' w C E w m O. ?i > E 01 = > N V N y m C m 0 C_ O w U i U O T C - E C y E N O C y C C C w J ti V E J w w E vVi E wL E y u m 0 LO O Q C J V m 0 m w pO y0' wm w i > X L� am3 � j mw L m a Om LV > w Jw �C � v EE = C £ww T�C Ow N C >m uC �O W L Nw OO O w " a � Uw Ew Ev OmE ` w .Mi w0 0 — W � , w Y1 m .Mi C - O. w w T O 00. m tLi V d \ v .w, Ebm E w � � C_ s pEm wi m 0 0 °- V J � wE p L 'O w L OV N O.v O 3 L m T1 C L J J i E a ?> O C V u O� C E �' m i w m aL � w � onv ` L £O m .O O p m wm, .EOO OO V>o La , E w w , � O wV L J oEm > O O O � w s ° Wm woE YoWw m ?l m 10 w \ m T T a m O m mm +, E w N U u T O C m O m y m E O C T m L d C L m `1 m J W U U7 C w C L m J `1 E Ti C m -O m � U O O E m m '^ C O a m T. w J O w w S m C w U •Y J m O w m Y L [ i O ?l -O •Y -o '^ w E m j m m a w 3 v E O ,� � m > o m V o m m o O D O w J C 0 m � vwi W O Q D -o w � m � vwi C W � N Tj 0 d O T � C C O m C T= J -� 0 +� J O.L .- C w .. 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C p U yO C w m10 m w O 0 00 '0 m w w w a F aaYf f 2F -wo m FOn C w E w w lT Q w a w C W 0 V O V_ C w E w a' w 0 w Vtn U W > Q W o w p O U7 .. 29 KENT WASHING-ON OFFICE OF THE MAYOR Suzette Cooke, Mayor Phone: 253-856-5700 Fax: 253-856-6700 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: March 29, 2012 TO: Kent City Council Operations Committee FROM: John Hodgson, Chief Administrative Officer THROUGH: Suzette Cooke, Mayor SUBJECT: Streets and Parks Infrastructure Project Update MOTION: Information Only SUMMARY: At the City Council Retreat in February there was agreement to move forward on plans to address streets and parks infrastructure. There is a concern that many parts of the infrastructure has reached end of life conditions. Through legislative action, citizen initiatives and the weak economy funding sources for infrastructure repairs have been eliminated or reduced. City Council gave staff direction to move forward with options to address projects and funding options. Over the past two months citizen committees have been meeting to review the projects for both parks and public works/streets. The citizen committees will provide an update of their work to date. BUDGET IMPACT: N/A EXHIBITS: N/A