Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
City Council Committees - Operations - 08/21/2012 (3)
• KEN T WASH NOTON Operations Committee Agenda Councilmembers: Dennis Higgins * Jamie Perry * Les Thomas, Chair August 21, 2012 4:00 p.m. Item Description Action Speaker Time Page 1. Approval of Minutes YES 1 Dated August 7, 2012 2. Approval of Check Summary YES Reports dated 7/16/12-7/31/12 and 8/1/12-8/15/12 3. Lodging Tax Budget Adjustment YES Ben Wolters 10 Min 3 - Approve 4. BERK &Associates Inc. YES Gloria Gould-Wessen 10 Min 13 Consultant Services Agreement - Authorize 5. 2013/2014 Revenue Forecast NO Bob Nachlinger 10 Min 43 Update (INFORMATION ONLY) Unless otherwise noted, the Operations Committee meets at 4:00 p.m. on the first and third Tuesday 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. This page intentionally left blank 1 KENT WASHINGTON OPERATIONS COMMITTEE MINUTES August 7, 2012 Committee Members Present: Les Thomas, Chair, and Jamie Perry The meeting was called to order by L. Thomas at 4:05 p.m. Excused Absence for Council President D. Higgins. 1. APPROVAL OF MINUTES DATED JULY 17, 2012 J. Perry moved to approve the Operations Committee minutes dated July 17, 2012. L. Thomas seconded the motion, which passed 2-0. Concurrence from Council President D. Higgins noted. 2. APPROVAL OF CHECK SUMMARY REPORT DATED JULY 1 — JULY 15, 2012 J. Perry moved to recommend the City Council approve the Check Summary Reports dated July 1 through July 15, 2012. L. Thomas seconded the motion, which passed 2-0. Concurrence from Council President D. Higgins noted. 3. KIVA SYSTEM UPGRADE (AUTHORIZE) Curt Ryser, IT Systems Manager, updated Committee Members that the KIVA system was initially installed in 1999. KIVA Systems was acquired in 2001 by Accela Automation. The City of Kent servers are older and minimal updating of these systems is mandatory to keep the system operational. In 2007 the City began looking for an upgrade to the KIVA system. In 2011 the city was ready to acquire the new system, but the downtown in the economy placed the acquisition on hold. Minimal upgrading is required and even minimal upgrades will still place the system behind current operational standards. The current owners of KIVA Systems will not be supporting these systems in the very near future. Before you today is a request to upgrade three core serves at a cost of $182,658 that will stabilize and hopefully keep the permitting system operational at the City of Kent for another 3-to-5 years. Motion by J. Perry recommending the City Council authorize the Mayor to sign all necessary documents to enter into agreements with independence enterprises, inc., Selectron Technologies, Inc., Hewlett-Packard, DLT Solutions and Active Networks required to upgrade the KIVA Permitting System subject to approval of the final terms and conditions by the Information Technology Director and the City Attorney in an amount not to exceed $182,658.17, including applicable state taxes. Motion seconded by L. Thomas. Motion passed 2-0. Concurrence by Council President D. Higgins noted. 2 Operations Committee Minutes August 7, 2012 Page: 2 4. LIMITED TAX GENERAL OBLIGATION BOND REFUNDING ORDINANCE (APPROVE) Robert Nachlinger, Finance Director, asked the City Council to authorize issuance of the 2012 Refunding Bonds to annul the outstanding 2000 and 2002 Bonds. Staff recommends this transaction in order to save approximately $1.6 million over the remaining life of the 10 years of those bonds. Budget impact is a reduction in the debt service costs annually each year from 2012 through 2022. Total savings on this transaction is anticipated to be equal to or greater than 13% of the debt service cost. Motion by J. Perry, seconded by L. Thomas, recommending the City Council authorize issuance of the 2012 Refunding Bonds in an amount not to exceed $13,000,000 to refund the outstanding 2000 and 2002 Limited Tax General Obligation Bonds. Motion passed 2-0. Concurrence by Council President D. Higgins noted. S. JUNE FINANCIAL SUMMARY REPORT (INFORMATION ONLY) Robert Nachlinger, Finance Director, in reviewing the June financial report presented to the Operations Committee, expressed his concern with sales tax reports that came in lower than expected. Actuals are reporting $334,000 off in revenues and 6% under budget in sales tax year-to-date. While the City is currently under spending our budget, it is hoped that that will offset this decrease we are experiencing. Utility tax came in 1% under budget but those losses will hopefully be made up with permit fees, recreation fees, etc. Mr. Nachlinger did report that he will present a revenue forecast report to the Operations Committee at their August 21, 2012 meeting. J. Perry commented that sales tax revenue is coming in under the 2011 actual. The meeting was adjourned at 4:18 p.m. by L. Thomas. Patrick Briggs Operations Committee Secretary 3 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 August 21, 2012 TO: Chair Les Thomas and Operations Community Members FROM: Ben Wolters, Economic and Community Development Director RE: Lodging Tax Budget Adjustment MOTION: Move to recommend approval of the Lodging Tax Budget Adjustment in the amount of $20,000 to use toward Skate America promotions. SUMMARY: Skate America is an international figure skating completion held in the United States each year. It is an Olympic-style event featuring elite skaters for 3 days. This year the event will be held at ShoWare Center, October 191h -21st This year the skaters will begin their journey to the 2014 Sochi Olympics at ShoWare Center in Kent, Washington. Lodging Tax Advisory Committee has decided that these requests from Skate America and KDP follow lodging tax rules of creating stays. At the last meeting of the committee on July 191h, 2012 it was voted to contribute to the promotion of this event. EXHIBITS: Lodging Tax Committee Minutes; KDP Ask Letter, Invoice BUDGET IMPACT: Yes Lodging Tax Advisory Committee 4 July 19, 2012 Start Time 4:00 pm Centennial Conference Room 402 1. Introductions Committee Members Present: Jamie Perry, Kent City Council; Beth Sylves. ShoWare Center; John Casey, Curran Law Firm; Barbara Smith, Executive Director Kent Downtown Partnership (KDP); Blane Webber, General Manager Marriott Towne Place Suites; Andrew Hutchison, Manager Best Western Plaza by the Green; Others Present: Kurt Hanson, Kent Economic Development Manager; Pamela Mottram, Admin Secretary, Kent Economic & Community Development; Robert Nachlinger, Kent Finance Director. Guests: Lori Hogan, Recreational and Cultural Superintendant, Kent Parks and Community Services; Doug Siegert, Kent Parks Dept, Recreation Manager, Kent Commons; David Heldt, Kent Parks Dept, Program Coordinator, Kent Commons; Andrea Keikkala, Executive Director, Kent Chamber of Commerce. Chair Jamie Perry called the meeting to order at 4:00 pm. Committee Member Smith MOVED and Committee Member Sylves SECONDED a Motion to APPROVE the minutes of May 23, 2012. Motion PASSED. 2. Reports Seattle Southside: Katherine Kertzman was not in attendance. KDP: Smith submitted a report that listed the efforts KDP has been working towards to promote tourism and draw people to downtown. Some of those efforts included the placement of 5 new black benches, ceramic planters and 72 hanging baskets; the production of a new website to better sell the downtown and businesses; the sponsoring of festivals and events in conjunction with Kent Lions and local businesses; placing banners throughout downtown; placing a brochure rack at the Sounder train station for dining and shopping guides to Downtown; and researching funding options for continued efforts to light up' downtown. Kent Chamber of Commerce: Keikkala reported that from January through April 2012 staff handed out 28 relocation guides averaging 7 per month, dropped off 500 guides to local hotels and restaurants, received 250 tourism inquiries averaging 62 per month, had 72 walk-ins averaging 18 per month, received 160 phone calls averaging 40 per month, received 18 email inquiries averaging 5 per month and received 30 hotel inquiries averaging 6 per month. She noted that inquiries have increased 50% since the announcement of Skate America. Keikkala stated that the Chambers has partnered with Skate America to promote a landing page for the Chamber's website that includes a Welcome Skate America feature guiding to information on Kent and highlighting businesses, restaurants and hotels; and is working collaboratively to distribute welcome packages to Kent businesses. Keikkala stated that the 2013 directory is expanded from 12 to 16 editorial pages with a newly designed cover. ShoWare Center: Sylves stated that Kent has partnered with ShoWare to bring the Tacoma Legislative Coalition South Sound Team to ShoWare to hold their debate on October 41n Staff is targeting the governor's race and hope to get the State Auditor, Secretary of State, and Attorney General to hold state level debates there. ShoWare is launching a business expo October 3r' with 90 vendor booths and 10-12 restaurants. She noted that 2500 people have previously attended this event. ShoWare is looking at reshaping the 'Find It In Kent Campaign' evaluating how best to market it. Sylves stated that she has been working with Perry and events people to launch a Sports Commission and communicating with businesses about the importance of advertising Skate Lodging Tax Advisory Committee 5 Minutes of July 19, 2012 America by using window decals, distributing welcome packages, and offering special promotions. Sylves stated that ShoWare hosted two classic R&B concerts which drew nearly 8,000 guests generating room nights from the new edition shows. In June ShoWare welcomed 41,544 guests to 13 graduation ceremonies. A graduation ceremony is scheduled August 2"' for Renton Technical College. Sylves stated that Council President Dennis Higgins was featured July 2"' on Comcast Newsmakers talking about Skate America's impact on Kent & South King County. This telecast was aired in the western region of the US and in Canada. Sylves stated that staff set up basketball hoops at I" & Gowe in front of KDP for a 3-on-3 demonstration which generated lots of interest; and staff distributed 1,500 Skate America hand-clappers during Cornucopia Days and at the Riverbend 5K run. Sylves stated that staff facilitated an economic impact study and conducted intercept surveys at graduations & concerts. Survey questionnaires were emailed to various groups with over 2000 responses received. The Northwest Basketball Association Seattle Storm will hold a 3-on-3 tournament Saturday and Sunday July 281h and 291h. They will conduct clinics. July 31" ShoWare will conduct a Job Fair that could generate job search based tourism. Sylves announced that on August 10`h at the conclusion of the Summer Olympics, NBC's Today Show will broadcast information on the Winter Olympics that will include Kent. Sylves submitted a data report that captures a percentage of ticketed event sales based on geographic location and specific events (not including cash sales) citing that the highest percentage of sales were generated from South King County. Seattle Southside (continued): Hutchison stated that he would contact the Kent Hoteliers and Seattle Southside to schedule a meeting regarding the Tourism Promote Area (TPA) as a meeting has not been held yet. He noted that Kent has 11 hotels with 61 rooms or more. Perry opined whether or not this committee should continue to fund this group with Hanson stating that the hoteliers should be gauged before the Board takes further action. Hanson stated that Economic Development will set up the meeting with the hoteliers and Seattle Southside. Webber stated that Tukwila and Sea Tac seem ready to move forward with the TPA although they may not have petitions signed yet. Hanson stated that the Committee has the authority to give 30-day notice terminating the City's contract with Seattle Southside. Webber stated that it would benefit Kent to retain that relationship as Kent's location on the Kent/Tukwila border would allow opportunities to be grouped in with South Center and Tukwila. Hutchison stated that our group feels that some of the funding now in the hands of the hotels should be shared with the State Tourism Promotion Department. Hanson stated that the hoteliers will be invited to the September 201h meeting to discuss how Kent will benefit through the TPA. 3. Old Business Update on the Economic Impact Study: Hanson stated that he spoke with the Community Attributes Consultant Chris and that a draft report will be distributed to this Committee the week of August 61h Hanson stated that 21 business interviews (including historic downtown) have been completed with the anticipation to five to ten more interviews. Two intercept surveys (taken at graduations and new edition concerts) were completed reaching more than 400 people. Hanson stated that he has personally received over 1000 email responses with the number reaching over 2000 to date as responses continue to come in daily. Hanson acknowledged the Committee's $5,000 donation and stating that the cost of this study is $36,000. Lodging Tax Advisory Committee 6 Minutes of July 19, 2012 Update on the Parks Fence: Heldt stated that Kent has held many tournaments over the years with the Parks Department continually receiving requests for information on area restaurants and hotels to accommodate tournament teams and promoters for events held in the Kent Commons Community Center or within Kent. Heldt submitted a report which accurately portrays all tournament events, trade shows and special events held in Kent with the exception of national tournaments. Seattle Southside has benefited promoters over the years by providing them with funding to market their programs. Heldt stated that a Men's double Softball tournament was held in June (24 teams) requiring 577 room nights booked with a high percentage of those rooms booked in Kent over a four day swing. Hotels around Russell Road were booked for those tournaments. Heldt stated that Kent hosted the Northwest Regional Babe Ruth Tournament July 121h - 161h at Cartwright field consisting of 10 boy's teams, with 81 rooms booked for that tournament for people from Oregon, Idaho, Montana and Canada. Heldt stated that the Committee's $10,000 donation paid for the majority of the cost of the portable fencing at the service club ball fields and Russell Road Park fields. Heldt stated that the Parks Department has recouped a portion of the cost of by charging for setup and breakdown of the fields. Heldt stated that the youth program promoter Jim Donner is working to bring a national sports team to Kent in 2014 for ages 14 and under. Hogan thanked the Committee for supporting the fencing which has been integral in terms of enticing event sports organizers to Kent. She stated that Dave has developed a strong relationship with various sanctioning bodies and event organizers, bringing tournaments to Kent whether they're soft ball, slow pitch, fast pitch, or soccer. Hogan stated that she believes this group can play a key role in bringing those teams to town. Sports participation in Kent has a significant economic impact on the region and we want to continue to build those partnerships and relationships. Perry asked what the Sports Commission Committee could do to better support the Parks Department in their ability to do what they are already doing. 4. New Business Draft Funding Request Forms: Nachlinger stated that the funding budget deadline is December 31" of each year. Hanson distributed a first draft copy of the funding request form. He stated that this form includes (1) questions on how their request meshes with their organization, (2) includes the vision, mission and objectives (tourism and hotel stays, strategic partnerships, branding, and the sports commission) of the Committee. The form includes a minimum grant amount of $250.00 with Kurt questioning whether or not minimum or maximum grant amounts should be included on the form. Discussion ensued on the issues of whether or not to include language stipulating funding limits or to establish deadline dates for submittal. Perry and Sylves voiced support to implement deadline dates with Sylves recommending language that would allow for exceptions to the rule' submittals. Hanson suggested language to indicate "you will have a better chance of receiving your funding if you submit your application by this date" with Perry suggesting that "an exception will be accepted only in extraordinary circumstances". Hanson stated that this form will be housed on the City's website and staff will be able to dispense it to tournament organizers and other events we see through ShoWare. Hanson stated that he will return with a final draft at the September 201h meeting for the Committee to consider. Sports Commission: Sylves reported that an Ad Hoc Committee has been formed and has held two meetings with Andrea Keikkala, Dawn Colston and Jeff Watling in attendance to discuss starting a Sports Commission. The Committee has drafted a mission statement. Lodging Tax Advisory Committee Minutes of July 19, 2012 Sylves stated that the Ad Hoc Committee will use the Parks Facilities Master List of Tournaments and Special Events to compile information for event producers of businesses in town that would benefit from their presence. This committee wants to look for opportunities to bring new events to Kent and to fill in any down time in the parks or school district facilities with those events that occur locally or regionally. The Committee has discussed hosting a reception; inviting tournament directors and perhaps potential corporate partners from within the community. Sylves stated that if the Committee implements a sports commission we would want to attend trade shows nationally in an attempt to attract national and regional events to the area. She stated that all of that has a cost associated and a nice way to help cover some of those costs is corporate partnerships. Sylves recommended putting together a list of businesses and avid community supporters, including a section inviting corporate, tournament directors and people involved with Skate America that would benefit from the increased foot traffic and visitors; as this will be a very high profile event. Perry stated that the National Association of Sports Commission holds a yearly event where you can go to learn what it means to be a sports commission, how to set up a sports commission, where you set up a booth to promote and invite teams to your city. Communications: Perry opened the floor for input from the Committee on what they should be doing next with respect to strategic goals and establishing new partnerships. Keikkala stated that Michelle Wilmot is actively working on Kent's website and development of the community calendar. Branding: Perry stated that she would like the Committee to move toward 'Branding' Kent. Smith stated that it is difficult to develop marketing materials for downtown Kent as the city is still not known for anything specific. In response to Perry, Smith stated that she believes the capacity is there to proceed with branding'. She stated that she has two board members who currently contribute money and that KDP could possibly use the B & O program as a resource for revitalizing downtown and branding Kent. As long as the KDP is trying to revitalize downtown through the main street program, the KDP can get businesses involved where they can get 75% back on their tax credit for next year and be able to get a write-off for the full amount on their 2012 income tax. Perry stated that she would like the Committee to forge a plan, to evaluate how the lodging tax is used, determine what KDP can contribute; then bring in folks to give proposals on what they can do, what it would cost to brand Kent. Smith stated that the KDP's executive board will hold a meeting on Monday where she will see if she can get a commitment from two or three of the board members to take this on and will report back to the Committee. Perry stated that this Committee could hold a mini-summit with potential partners to determine what they can commit to, how much they can fund and go from there. Nachlinger suggested looking at the Service Clubs. Hanson stated that he along with Julie would commit to organizing a mini-summit meeting with Perry agreeing that the meeting would be held separately from the September 201h committee meeting towards the end of August after the 251h Skate America: Beth Sylves distributed a couple reports that showed levels of sales for the Skate America event. She reported that 1300 all session passes have been sold, with purchases made from Japan, Canada and numerous states. This was accomplished with zero marketing or money spent on advertising for this event. All marketing has occurred through US Figure Skating announcements with regular updates to skating clubs. Advertising and marketing efforts will begin in Kent, Vancouver BC, nationally and internationally on August l Oth. Sylves stated that Skate America approached Kent in January. At that time they were struggling to find a venue for their event. Kent was receptive. ShoWare Center was a good location to host this event and Kent was not required to undergo the normal two year bid Lodging Tax Advisory Committee 8 Minutes of July 19, 2012 process with a commitment of funding from the corporate community to host this event. She stated that normally the organizer has one to two years to secure the corporate support to fund everything associated with this event. It is going to be a challenge to reach the financial goals for this even, however it will not jeopardize the event in any way. What could impact Kent, is the ongoing impression that US Figuring Skating has on our community. Sylves stated that as of now figure skating does not have an entity in South King County or this community supporting them financially. Sylves stated that there are benefits associated with the $2,500 or $5,000 sponsorships and felt that if the member organizations budgets would allow them to offer support, it would send a powerful message to Skate America. Sylves stated that at the Sports Commission meeting there was discussion about holding a hospitality event, inviting tournament and corporate directors with US Figure Skating's approval. If Kent supports the event with a financial contribution that makes that hospitality event more likely and Kent would have ownership in the event and more control over the marketing and advertising. She stated that a workshop may be held early August to consider how to deploy information out on this event. She stated that a plan is in place to involve the school districts, to have different schools adopt a county, support the different athletes and cultures. Perry questioned the committee about what level of sponsorship the Committee should consider with Hanson stating that the Committee's end of year fund balance will be $118,000. Nachlinger stated that incoming revenues will increase about $10,000 over budget. After deliberating on how much the Committee should support Committee member Hutchinson Moved to support a donation amount of $10,000 with Committee member Casey Seconding the Motion. Motion Carried. S. Budget Nachlinger stated that he has not put together a 2013-2014 budget report as he was seeking input from the committee before doing so. He stated that he could easily put together Seattle Southside, tourism unallocated and tourism chamber again, but did not know if the committee wanted to take a different route. Perry stated that the Committee needs to discuss this at their next meeting with Seattle Southside in attendance. The numbers will not change but allocations might. Nachlinger stated that he anticipates the revenue budget to increase about $10,000 with incoming revenue at about $200,000. 6. For the Good Of the Order Kurt stated that the Operations Committee cleared David Kwok, John Casey and Beth Sylves for reappointment to the Lodging Tax Advisory Committee on July 181h and is scheduled to go to City Council on August 71h on the Consent Calendar. 7. Assignments for the Next Meeting Perry stated that the major focus for the next meeting will be to evaluate what is going on with Seattle Southside, to review what the budget is going to look like for next year, assess where we are with branding and communications. S. Next Meeting Date: September 20, 2012 The meeting was adjourned at 5:40 pm. 9 ,3 a KENT DOWNTOWN PARTNERSHIP August 2, 2012 Skate America OLYMPIC TRIALS: Week of October 15-21, 2012: Event is October 19,20,21 What does Skate America mean? Skate America is an organization that is hosting the first Olympic figure skating trials at ShoWare Center the week of October 151h. This Olympic-style event features 52 elite skaters from 13 countries competing in ladies, men's, pairs and dance. These are skaters on a journey to compete at the 2014 Sochi Olympics in Russia. ✓ Skate America anticipates as many as 15,000 spectators over a weekend; IN OUR OFF SEASON ✓ Event will be nationally broadcast on NBC; with coverage in Canada,Japan, Korea, Russia and other European countries ✓ Regional, national and international print and photography journalists will be here ✓ Brand association with U.S. Figuring Skating; comprised of more than 180,000 members ✓ Audience is family oriented with emphasis on the female affluent consumer-35-60 years Last week the LTAC awarded Skate America $10,000 to go towards marketing this event. Following are the marketing and public relation tools they are purchasing. ➢ 20 billboards will be purchased plus bonus billboards will be added for free TV buys with KOMO Radio talk shows, such as,WARM;they will promote contests,there will be commercials and on- air interviews with the some of the skaters Y In September there will be an ad in the Seattle Magazine ➢ August 101h reception hosted to view the Today Show live who will be unveiling a surprise. This will be about a skater that will be participating in the Olympic trials at Kent; media will be invited to attend. This skater has been retired and will be announcing their return to competition. September 141h, hosting a kick-off of Skate America downtown Kent that will include closing down a street for a block party. Seattle Times will be there for sure; still working on NBC affiliates to attend besides our own local media. Ashley Wagner will be coming in early for the Olympic trials for public appearances Working with Mariners,Seahawks, Seattle Sounders, etc.to be showcased at one of their games,such as,Ashley throwing out the first pitch at a Mariner's game TV ads on Comcast; Comcast now owns NBC ➢ 50 ads in Kent and Federal Way newspapers 50 ads in Issaquah, Redmond and Woodinville newspapers As you can see your$10,000 is going to pay for not just awareness but to bring people into Kent who might not otherwise come. It may be the first time they have come to ShoWare Center. That puts them 10 on the map for return visits forth variety of events they host throughout the year; including our Seattle Thunderbird games. We see these Olympic trials as more than people coming once for this event;we see it as an opportunity to show off what we have in Kent and why other Olympic events should consider coming to Kent for their next event. We are auditioning for our future. We need to do it right;we only have one chance and this is it. We realize that it is critical that we help move our 15,000 visitors, some of which will be your guests from our hotels to ShoWare Center and from ShoWare Center to our downtown. We want to provide our guests with an experience,something they will remember. The idea is that we use trolley cars to transport them. I am working with someone from Portland who might be able to rent us two trolleys with drivers. They are putting together a proposal. We will need to provide fuel and possibly insurance food and lodging. In addition to having fun transportation provided for your guests to and from your hotels,we want to market to the 17,000 that drive James Street every day. We want to capture our commuters on Smith, Central,Willis, etc. We would like to purchase some pole banners as well that say"Welcome Skate America".We want to create a buzz. Kent Downtown Partnership is requesting an additional $8000 to rent 2 trolleys, pay for fuel and other expenses related to the trolleys and pay for banners and the hardware to hang them and pole banners. Prices to be confirmed. Skate America is paying for the design of all our materials. KDP is paying for printing of a local dining guide, shopping guide, and a historical walking tour. We hosted our first merchants meeting this morning and there were several great ideas that we will seek funding for from other businesses and service groups. Questions? Barbara Smith Executive Director Kent Downtown Partnership 202 W. Gowe Street, Suite A Kent,WA 98032 barbaras(@I<entdowntown.org 253-813-6976 �I 7012 Community - Partners rn ,W&A In King Hi ON HHONORS What is Skate America? ti Skate America, part of the International Skating Union Grand Prix Series, is the premier international figure skating competition held in the United: F States each year. This Olympic-style event features 52 elite skaters from 13 countries competing in ladies, men's, pairs and dance. Neatly r' packaged into a three-day weekend schedule, these world-class athletes q will compete at Kent's ShoWare center October 19`h— 21Gr, 2012 as they beqin their iournev to the 2014 Sochi Olympics. Benefits ® 15,000 plus spectators over a weekend in the off-season • Nationally broadcast on NBC, with added television coverage in Canada, Japan, Korea, Russia and other European countries • Regional, national and international print and photography journalists • Brand association with U.S. Figure Skating —the national governing body of figure skating in the USA comprised of more than 180,000 members. Figure skating offers a family oriented audience, with an emphasis on the female affluent consumer— 35 — 65 years. What do we need? In Kind Donations • Presenting Sponsor of the Officials dinner—dinner & short entertainment for 50-75 guests • Presenting Sponsor of the Closing Party - ate night buffet and entertainment 250-300 guests • Five high-speed, full service copiers, plus on call emergent technical assistance • Volunteer apparel, fleece vests or light jackets for approximately 250 volunteers • Officials gifts — 50 to 75 items (easy traveling gifts preferred) • Athlete and delegation gifts — Athletes = 50, Delegation = 300 • Daily Media Hospitality Sponsors for local and visiting media • Florist — bouquets for medalists (18), centerpieces for Official's dinner (10), assorted table arrangements for credentialing, closing party, judge's room, media room, Kiss & Cry (20) • 6 shuttle vans-Oct. 22-26, 2008 (15 seat) can display logos, ads —different sources is fine • Wine and spirits — hospitality room, official's dinner, closing party Fruit and healthy snacks for athletes, volunteers, delegation and staff • Beverages —water for athletes (approx.. 500 bottles), sports drink, soda, etc. ® Tissues— for Kiss & Cry platform, pre-event warm-ups, athlete lounge • Three water bubblers plus water (approx. 20 @ 5gal.jugs) and serving cups • Towels — 100 white hand towels to be removed and replaced each morning for athletes • Gaming consoles, board games, arcade games for the athlete lounge • Transportation — approx. five vans & two sedans for U.S. Figure Skating staff& VIP guests • 50 Office chairs — Thursday through Sunday—judges/officials stand Copy paper (multiple colors), printing services (marketing materials) Signage —vinyl, foam core, etc. • Use of warm-up mats • TV's to be borrowed for in-venue use Contact Laura Lee, Production Sports at productionsports@mac.com or by phone (360)348-3622. 1 All Is subject to U.S. Figure Skating approval. 12 INVOICE 20 First Street invoice No. 02013003 '.. Colorado Springs,Co 80906 Date 802012 Phone(719)635-5200 Fax t719)636,9548 i Bill to: City of Kent Lodging Tax Advisory Commission Address. 220 Fourt Avenue South Kent, WA 98032 Attn: Julie Pulliam Inullia RnAke ntwa.q ov Oty Description Unit Price TOTAL LTAC- Contribution to Skate America $ 10,000.00 $ 10,000,00 Sub Total $ 10.000.00 Please make check payable to: Wire Instructions Shipping&Handling U.S. Figure Skating Wells Fargo Bank ABA#121000248 Taxes 20 First Street Swift Code(foreign wires)is wfbius6s Colorado Springs, CO 80906 Account number #5321126244 Wells Fargo Bank TOTAL $ 90,000.00 90$Cascade Ave, Colorado Springs,CO 80903 13 ECONOMIC & COMMUNITY DEVELOPMENT • Ben Wolters KEN T Phone: 253-856-5703 WnSHINGTON Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: August 21, 2012 TO: Kent City Council Operations Committee FROM: Ben Wolters, Economic & Community Development Director SUBJECT: BERK &Associates Incorporated Consultant Services Agreement MOTION: Recommend Council to authorize the Mayor to sign the Consultant Services Agreement with BERK &Associates Incorporated to produce for the City of Kent a Supplemental Environmental Impact Statement and Planned Action Ordinance for the Downtown Subarea Action Plan, not to exceed $90,000, "subject to final terms and conditions acceptable to the City Attorney." SUMMARY: This agreement with BERK &Associates Incorporated, a strategic planning and business consulting firm, will provide the following products: (1) Conduct the environmental analysis of growth alternatives for the Downtown Subarea Action Plan (DSAP) that will result in a Supplemental Environmental Impact Statement for the DSAP; and (2) Write an associated Planned Action Ordinance for a portion of the DSAP study area. This contract with BERK &Associates Incorporated will not exceed $90,000. Funding for this work is provided for in the 2012 budget. If you have any questions prior to the meeting, please call Ben Wolters, 856- 5703. EXHIBITS: Consultant Services Agreement including Exhibit A; Schedule; Exhibit B; Certificate of Insurance BUDGET IMPACT: Yes 14 KENT WASHINOTON CONSULTANT SERVICES AGREEMENT between the City of Kent and BERK & Associates Incorporated THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and BERK & Associates Incorporated organized under the laws of the State of Washington, located and doing business at 2025 First Avenue, Suite 800 - Seattle, WA 98121 - Phone 206.324.8760 (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: Conduct environmental analysis of three (3) alternative land uses for the Downtown Subarea Action Plan (DSAP) resulting in a Supplemental Environmental Impact Statement (SEIS) for the DSAP study area and write an associated Planned Action Ordinance for a portion of the DSAP study area, in accordance with Consultants' Scope of Work 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 January 30, 2013. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Ninety Thousand and No/100 Dollars ($90,000.00), 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) 15 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: 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) 16 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) 17 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) 18 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: Lisa Grueter, AICP Gloria Gould-Wessen, AICP BERK &Associates Incorporated City of Kent 2025 First Avenue, Suite 800 220 Fourth Avenue South Seattle WA, 98121 Kent, WA 98032 206.324.8760] (telephone) (253) 856.5441 (telephone) None (facsimile) (253) 856.6454 (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) 19 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: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 20 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 21 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 zz ATTACHMENT A CITY OF KENT DOWNTOWN STRATEGIC ACTION PLAN SUPPLEMENTAL EIS Scope of Services PARTIES City of Kent(City) Berk&Associates, Inc. (Consultant) INTRODUCTION The City desires to update its Downtown Strategic Action Plan (DSAP) last updated in April 2005. As expressed to the City Council when considering Resolution 1781,the City's project goals are to: a Review what Kent has achieved and update recommended strategic actions to reflect potential new directions, a Expand the DSAP to function more like Kent's Comprehensive Plan and include Chapters such as Transportation, Land Use, Economic Development, Parks&Open Space,and Utilities, —e _Complete-a Planned-Action-Ordinance-(PAO)-based-on-the DSAP-update-and-include an-environmental-analysis- that will facilitate the permitting process and new development in downtown, and ® Engage stakeholders to hear what is working and what is missing in downtown. This scope of services will provide the City of Kent 1) a coordinated Environmental Impact Statement (EIS)to the City's new Downtown Subarea Action Plan (DSAP) and 2) an associated Planned Action Ordinance for a portion of the DSAP study area. The City's subarea plan and the Consultant's tasks will need to be tightly coordinated since they will be completed concurrently. The Downtown study area will include the Kent Urban Center as well as an area west of SR-167 to 64th Avenue South (generally the Meeker/Washington Activity Center) and along Central Avenue to approximately S. 234th Street. The City wishes to make use of the recent City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS completed in 2011, which did call out analysis for Downtown and the Meeker/Washington activity center. While the City anticipates growth levels similar to that studied in 2011, the potential rezones west of Downtown may shift how growth is distributed. Also, the City wishes to test a mid-range growth level to consider growth and mitigation phasing. Recognizing the information available in the recent City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS, the Kent Transportation Master Plan, and other sources, this scope of services assumes that the DSAP EIS will be narrow in scope(i.e. a Supplemental EIS),focusing on the identified areas of concern (i.e. land use and transportation), while providing enough detail to successfully complete the Supplemental EIS document and satisfy all procedural requirements. The following tasks are addressed in this scope of services: ® Task 1.Supplemental EIS Project Initiation o Task 2. Preliminary Draft Supplemental EIS August 13,2012 1 23 c Task 3. Draft Supplemental EIS ® Task 4. Final Supplemental EIS o Task 5. Implementing SEPA Ordinances TASK 1: SUPPLEMENTAL EIS PROJECT INITIATION Task 1.1 Data Collection and Review The Consultant will coordinate with City staff working on concurrent or recent planning efforts to collect professional literature and data pertinent to SEIS tasks. Task 1.2 Kick off Meeting The Consultant will organize and conduct a kick off meeting with the City to review project goals, coordinate SEPA and public participation, confirm the type of EIS (planned action and infll exemption) and associated level of technical analysis, and discuss potential alternatives for vetting during scoping. Following the kick off meeting, the Consultant will prepare a guidance memo that addresses roles and responsibilities, document approach and format, and other administrative items for use by the Plan/Supplemental EIS project team.A template for the Draft Supplemental EIS will be prepared. The Consultant will also document the selected SEPA strategies, including the use of a planned action ordinance, mixed use infill exemption, a summary of Supplemental EIS topics (i.e. land use and transportation), and areas to -- -be scoped-out-through-a-SEPA-Checklist. — --- ---- ------ — — Task 1.3 SEPA Checklist The Consultant will prepare an expanded SEPA Checklist addressing all topics not to be addressed in the Supplemental EIS. In particular, the Checklist will focus on adapting the information in the City of Kent Comprehensive Plan Review and Midway Subarea Planned Action EIS completed in 2011 to the current DSAP with an emphasis on the following topics: I a Natural Environmental O Air Quality a Noise o Cultural Resources a Public Services and Utilities Task 1.4 Scoping and Public Outreach The Consultant will assist the City in conducting a scoping process. The Consultant will: I ® Prepare a determination of significance and scoping notice; ® Evaluate scoping comments received;and ® Prepare a scoping report summarizing the scoping process,selection of alternatives, and comments received during scoping. Depending on the City's schedule for the subarea plan or its reading of recent SEPA laws (SB 6406-S.SL), the City may elect to conduct a scoping meeting for the community. If held,the Consultant will assist the City with meeting i August 13,2012 2 24 preparation and facilitation. The Consultant will also prepare a fact sheet that can be used to educate and inform the public and stakeholders about the process. The Consultant will develop up to three graphic boards. Task 1.5 Alternatives Description The Consultant will prepare a preliminary draft, and following City comment, a revised draft Alternatives description. The alternatives description will include a description of the proposed land use patterns, planning envelope of anticipated development in the study area, building typologies under each alternative (using illustrations and photos developed in the Subarea Plan where possible), and circulation features that are part of the alternatives.At this time,we anticipate inclusion of the following alternatives using a horizon year of 2031: ® 2011 EIS No Action:based on the adopted Transportation Master Plan growth levels a 2011 EIS HIS Review Alternative,which may be modified to reduce growth in Midway-growth may be redistributed elsewhere ® One mid-range alternatives,for example based on Puget Sound Regional Council's(PSRC's) growth distributions In addition,the Alternatives description will describe a phased growth scenario 2020 to test a moderate amount of growth and identify associated improvements.This may be less of an alternative, and more of a sensitivity analysis to determine an appropriate set of mitigation measures. Task 1.6. Urban Design Support See Attachment A.This scope of services sets aside a budget for urban design support (via subconsultant Makers), —which may Include-the suggested items in the Attachment'Urban-Design Support', or-other-items,provided-that— the Consultant will define in written communication with the City the services and cost within the available budget prior to initiating work. The City will provide an authorization to proceed with the desired urban design support items. Consultant Deliverables v Kick off meeting attendance and meeting summary including roles and responsibilities ® Determination of Significance and Scoping Notice ® Preliminary draft,print check, and public draft SEPA Checklist ® Preliminary draft,print check, and public scoping summary ® Preliminary draft, print check, and public Alternatives description a Urban design support, subject to Attachment'Urban Design Support'and allocated budget ® Attendance at one public meeting,which may address scoping City's Role a Provide recent planning documents(e.g.,Transportation Master Plan, Park& Open Space Plan, Comprehensive Plan,etc.); ® Provide functional plans(e.g.,sewer,water,storm water, etc.); e Provide recent Comprehensive Plan EIS documents; ® Provide Downtown Subarea Action Plan-in progress; a Conduct household and job analyses for evaluation; III August 13,2012 3 25 ® Provide data results of household and jobs for action alternatives and one no action; ® Provide GIS and maps of DSAP land use alternatives; ® Provide logistical support for scoping including notice distribution and meeting room arrangements;and o Prepare agency list for notification. 2.0 PRELIMINARY DRAFT SUPPLEMENTAL EIS The Consultant will prepare a preliminary draft Supplemental EIS consistent with WAC 197-11 rules. The Preliminary Draft Supplemental EIS document will focus on technical analysis of the Alternatives and coordinated mitigation measures with the Draft Subarea Plan. For each topic, the following will be identified: the affected environment, impacts common to all alternatives,impacts of each alternative, mitigation measures, and significant unavoidable adverse impacts.This scope of services assumes inclusion of the following Supplemental EIS sections: 2.1 General Sections The Consultant will prepare a fact sheet, table of contents, alternatives description (based on Task 1.5), appendices,and other necessary supporting documentation for City review. 2.2 Land Use Patterns and Plans and Policies The Subarea Plan or rezone concepts in the expanded study area may alter the land use pattern and growth phasing or growth totals in the Urban Center and Meeker/Washington study areas.The Consultant will review land use patterns, land use comoatlbil and activu� levels, andpopulation/employment capacity. _The Consultant will identify the relationship of the DSAP to the City's Comprehensive Plan and other functional plans. The Consultant will identify policy or code provisions that serve as mitigation measures. 2.3 Downtown Kent Subarea Transportation Analysis The Consultant (through subconsultant Fehr & Peers) will prepare a transportation analysis according to the following subtasks: 2.3.1 Run Travel Demand Model The Consultant will: a Obtain future land uses(2031)from the City for 3 alternatives:Comprehensive Plan No Build (used in Transportation Master Plan), 2011 EIS FEIS Review Alternative(modified in Midway),and a new alternative (Alternative X)defined by the City. • Rerun Kent travel demand model for revised land uses.Apply smart growth trip adjustments as applicable to downtown land uses. ® Extract traffic volumes for input to level of service analysis. 9 Run one additional 2020 land use scenario to assist in prioritizing investments. 2.3.2 Transportation Analysis(2020 and 2031) a Meet with staff to identify appropriate LOS standards to apply to subarea analysis.Consider LOS metrics for non-auto modes.Meeting will include presentation of LOS used in other communities that address multiple travel modes. a Calculate intersection and area LOS for downtown subarea and up to 3 additional corridors surrounding downtown. August 13,2012 4 26 a Calculate LOS for non-auto modes if multimodal LOS chosen by city staff. ® Identify transportation mitigation needed to meet LOS standards. ® Prepare planning level cost estimates for mitigation projects. ® Identify changes in traffic demands in the Kent-Midway area, comparing the 2031 Proposed Action Alternative with Alternative X. Identify locations where travel demands may increase or decrease in Midway and discuss possible implications to the mitigation strategy in the Midway subarea plan. No quantitative traffic analysis will be performed. 2.3.3 Documentation a Prepare transportation section of the DSAP Supplemental EIS a Provide appendix with documentation of transportation analysis, including travel model, LOS analyses,and cost estimating. 2.3.4 Meetings a Attend up to 3 total meetings with staff,commission,and/or council(these may occur in conjunction with other tasks listed in this scope of services). 2.4 Consultation Based on scoping comments in Task 1.4,if topics addressed in the SEPA Checklist(Task 1.3)require confirmation of technical issues or potential mitigation options, the Consultant will consult with subject matter experts (for example, historic, noise, air quality, public services). Prior to initiating consultation, the Consultant will obtain written authorization from the City. Consultant Deliverables ® Preliminary Draft SEIS—one Hard copy and electronic files o General Sections o Land Use technical analysis o Transportation technical analysis ® Print Check Draft SEIS City's Role a Provide a consolidated set of internal comments on the Preliminary Draft SETS and Print Check SEIS 3.0 DRAFT SUPPLEMENTAL SETS Based on City comments on the preliminary draft Supplemental EIS, the Consultant will prepare a draft Supplemental EIS for public review. The Consultant will respond to one round of consolidated City comments on the Preliminary Draft SEIS. The Consultant will then prepare a print check Draft Supplemental EIS to confirm accomplishment of City comments. The Consultant will prepare a public Draft SEIS for City publication. The Consultant will prepare the notice of availability for City publication. The Consultant will attend a public meeting or hearing during the comment period regarding the Draft SEIS and associated Subarea Plan as appropriate. Consultant Deliverables ® Draft SEIS—One Hard copy and electronic files; August 13,2012 5 v ® Notice of Availability City's Role n Track Public Comment; ® Publish Notice of Availability;and ® Prepare Distribution List. ® Print and distribute Draft SETS 4.0 FINAL SUPPLEMENTAL EIS The final Supplemental EIS will consist of a fact sheet, table of contents, draft Supplemental EIS analysis corrections as needed, description of the preferred alternative if needed, and responses to comments. The Consultant will prepare a preliminary final Supplemental EIS for City review and comment. Based on City comments, the Consultant will prepare a final Supplemental EIS for public issuance. The Consultant will prepare the notice of availability for City publication. This scope and budget assumes up to 20 unique comments are received. This scope assumes the Preferred Alternative is within the range of the Draft Supplemental EIS Alternatives and requires order of magnitude analysis. Consultant Deliverables ® Preliminary Final SEIS—one Hard copy and electronic files o Responses to Comments—up to 20 unique comments o Preferred Alternative—order of magnitude level of review ® Print Check Final SETS ® Public Final SEIS ® Notice of Availability City's Role ® Provide a consolidated set of internal comments on the Preliminary Final SEIS and Print Check Final SEIS ® Print and distribute Final SEIS 5.0 IMPLEMENTING SEPA ORDINANCES The Consultant will assist the City withy SEPA Ordinance preparation as follows: 5.1 Planned Action Ordinance This tool is likely to be applied in the Urban Center.To ensure that impacts and mitigation measures are addressed over the planning period, the Consultant will prepare the ordinance that designates the Planned Action. The ordinance will address: the type of project action; compliance with the criteria for a planned action; findings related to adequacy of the Planned Action Supplemental EIS; and mitigating measures required to qualify future projects as Planned Actions. The Consultant anticipates adopting the DSAP Planned Action Supplemental EIS and 2011 EIS as part of the Planned Action Ordinance. The SEPA Checklist at the scoping stage and the mitigation document will coordinate the mitigation measures from the 2011 EIS and the present Supplemental EIS. In addition, pursuant to 2ESSB 6406, the Consultant will prepare a planned action-specific checklist to determine August 13,2012 6 28 consistency with the planned action ordinance. The Consultant will participate in a public meeting or hearing to allow public comment on the Planned Action Ordinance. The Consultant will confer with the City Attorney as appropriate regarding the planned action ordinance. The scope of services and cost estimate assume a preliminary draft,public draft, and final draft ordinance and mitigation document. 5.2 SEPA Infill Exemption The City may wish to consider an infill exemption for the expanded study area to incentivize different land uses. The Consultant will draft a proposed categorical exemption for inclusion in the City's SEPA rules. The exemption will indicate: e The level of residential, non-retail commercial,or mixed-use development that will be exempt e The area where the exemption will apply a How the exemption will be applied to a proposed project Consultant Deliverables a Preliminary draft, print check,and public draft Planned Action Ordinance/Mitigation document and Infill Exemption Ordinance ® Pursuant to 2ESS6 6406, checklist to guide future permit review to determine consistency with the planned action;and ® Attendance at a combined public hearing for the Planned Action Ordinance and Infill Exemption Ordinance City's Rote ® Publish Notice of Public Hearing;and ® Provide a consolidated set of comments on the Preliminary Draft and print check ordinances, including City Attorney review GENERAL ASSUMPTIONS ® Time may be transferred from one task to another due to greater or lesser level of effort, provided that each task shall be completed and the total budget shall not be exceeded. a The City will provide available necessary government documents,studies,site plans,GIS data layers and mapping and other technical information pertaining to the study area,including any appropriate electronic GIS data,aerial photos, and drawings of areas within the project study area. a Research and data collection will be based on readily available secondary sources of information, including reports,inventories,maps and other similar literature from local government and other sources. a The Consultant is preparing GIS figures for the EIS, except that the City will provide their own GIS figures for land use alternatives that the Consultant will incorporate into the EIS. ® Consultant will provide entire document(s),where applicable,in the native, Microsoft Windows-compatible formats used to create the document(i.e., MS Word, Excel,etc.). a The City is responsible for document reproduction and distribution of all review and final drafts. ® All Consultant deliverables will be limited to electronic file transfers and one hard copy. ® The City is responsible for meeting advertisements, room reservations, and other similar logistics. August 13,2012 7 29 Cost Estimate Manager Project Associate Project Total Hours and Manage Associate Estimated Cost 2012 Hourly Rate $160 $160 $115 $70 by Task Task 1:SUPPLEMENTAL EIS PROJECT INITIATION 60 20 8:' 88 Subtotal 0 60 20 8 88 $12,460 Task 2:PRELIMINARY DRAFT SUPPLEMENTAL EIS 56 12 = 14 ' 82 Subtotal 0 56 12 14 82 $11,320 Task 3:DRAFT SUPPLEMENTAL SETS 6 20 8 10 :. 44 Subtotal 6 20 8 10 44 $5,780 Task 4:FINAL SUPPLEMENTAL EIS 4 24 12 16 ' S6 Subtotal 4 24 12 16 56 $6,980 Tasic 5:IMPLEMENTING SEPA ORDINANCES 4 24 4 0 -, 32 Subtotal 4 24 4 0 32 $4,940 Total Estimated Hours 14 184 56 48 302 Cost(Hours-Rate) $2,240 $29,440 $6,440 $3,360 $41,480 Fehr&Peers $38,120 Makers $8,000 Contingency Consultation $2,000 Subtotal Consultant Cost $89,600 Project Expenses @^1%of project budget $400 Estimated Project Total $90,000 August 13,2012 8 30 Attachment: Urban Design Support M, ..........,.r.:a, s .,: n ., MEMORANDUM To: Lisa Grueter, Berk From: John Owen Date; August 1(}, 2t)122 Re: Kent Downtown Eis— Urban design services Lisa, I understand that the current thinking is to propose a preliminary urban design budget for the Kent Downtown EIS project of about 50 hours of my time at$160 Mr. Given this assumption, the following is a partial list of items as a kind of's Is Carte menu'that we can assist the City nth: • Prepare a streetscape improvement plan emphasizing pedestrian improvements based on previous studies. • Prepare prellminary street designs of speciflo streets. (Best done in conjunction with Public Works.stall.) • Bawd on a strestscape improvement plan and preliminary street designs,develop street standards for the City to use in setting street improvement requirements for new development • Review current zoning and design gu defines and recommend changes to attract desired development and,more specifically, increase Downtcstvn Kent's desirabilily as a residential neighborhood. • Prepare special urban design studies and illustrative graphics for specific downtown sub-districts key streets,or other focus areas • Provide solutions to Increase compalibllity between uses and zones. • Provide consultation regarding land use edges and connadNily to areas outside downtown. Of course,vie can work on an on-call bases and shape our services to tit the Clty's needs. And in many cases we can achieve savings by only performing the specific tasks that the City needs and letting City stall do the remainder of the work, t would be happy to provide an estimate for each item when we can discuss exactly what is needet. Please let me know it you have any questions regarding this"manu'. John 6 c c r ;rc .. r+.m?t:s•sr_! mr„ ias�rw.uscesnuir.--o-x-arz August 13,2012 9 M ,,,,,,,,, ,,,,,,,,, ........ ......... ......._ _ ao --------- ---- z � 0 3nTCO � O 1 0 Q Q ....,,.. _ -_oi w U- oo----- --------- C) C W N o I¢ TE z ® 'w Q N 's � U �. ,,, ,' v 'V.i p m'g T a W n a Q `o J in 'v o Oe o 'mil �' w , C E " 1 w 0 L.L. w 3 1 -------- -------- -------- --------- Q W v Q w Z of cn _ y a o co _ n N W 9 o E o O ♦ry � � c o x, V4 >z Q O w a m q4 w z o w J v �p u� z � III W 32 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. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. 33 EXHIBIT B (Continued) 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 and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The 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. 34 EXHIBIT B (Continued) 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 Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. , ii CERTIFICATE OF LIABILITY INSURANCE 8/14/2012 DATE(MMI0'1 DD `/" 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(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Henry Chao NAME McDonald Insurance Group, Inc. PHONE . (425)827-7400 FAX A/C No: (425)827-7402 416 6th St S ADDRESS:henry@mcdonaldins.corn PO BOX 3089 INSURER(S)AFFORDING COVERAGE NAIC# Kirkland WA 98083-3089 INSURERAValley Forge Insurance Co 2050 INSURED INSURER B:National Fire Insurance Co 2047 Berk & Associates Inc. INSURER C:Underwriters at Lloyds, London 15792 2025 First Ave. Suite 800 INSURERD: INSURER E Seattle WA 98121 INSURERF: COVERAGES CERTIFICATE NUMBER: 11/12 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. NO-RNITH STANDING 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR rypE OF POLICY EFF POLICY EXP LTR INSR VND POLICY NUMBER MMIDDIVW MMIDDIYW LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 $[ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 A CLAIMS-MADE FX] OCCUR 4017749887 9/18/2011 /18/2012 MED ERR(Any one person) $ 10,000 PERSONAL&ADS INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OPAGO $ 4,000,000 X POLICY PRO LOC $ POMOBILELIABILITY CMI Ee aoclED SINGLE LIMIT1 000 000 ANYAUTO BODILY INJURY(Per person) $ BALL OVNMED SCHEDULED 4018239201 9/18/2011 /18/2012AUTOS AUTOSBODILY INJURY(Peracadent) $ X NON-0WNED PROPERTY DAMAGE $ ITI RED AUTO S AUTOS Peracadent Uninsured mofonst combined $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ A STOP GAP - THASHINGION WCSTATU- OTRH- JQ��EMPLOYERS'LIABILITY YIN TCRY LIMITs X E ANY PROPRIETOR/PARTNER/EXECUTIVE FIT EACH ACCIDENT $ 1 OOO OOO OFFICER/MEMBER EXCLUDED? NIA(Mandatory in NH) 4017749887 9/18/2011 /18/2012 EL.DISEASE-EA EMPLOYE $ 1 000 000 If yes describe under DESCRIPTION OF OPERATIONS be EIT DISEASE-POLICY LIMIT $ 2,000,000 C PROFESSIONAL LIABILITY HUS201137208 9/18/2011 /18/2012 EACH CLAIM $1,000,000 $10,000 DEDUCTIBLE/CLAIM CLAIMS MADE POLICY AGGREGATE $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) re: City of Kent Enviromental Analysis City of Kent is additional insured, primary and noncontributory, for general liability as required by written contract per form SB146932D attached. CERTIFICATE HOLDER CANCELLATION canderson@kentwa.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Attn. Charlene Anderson 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent, WA 98032 F McAllister, Jr./KAT /--'"'` ' - ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005).01 The ACORD name and logo are registered marks of ACORD 36 SB-146932-D CNA (Ed. 07/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED—BLANKET VENDORS employees or anyone else acting on its behalf. However, this exclusion does not WHO IS AN INSURED is amended to include as an apply to: additional insured any person or organization (referred to below as vendor) with whom you agreed, because (1) The exceptions contained in of a written contract or agreement to provide Subparagraphs d. or f.; or insurance, but only with respect to "bodily injury' or (2) Such inspections, adjustments, tests or "property damage" arising out of"your products"which servicing as the vendor has agreed to are distributed or sold in the regular course of the make or normally undertakes to make in vendor's business, subject to the following additional the usual course of business, in exclusions: connection with the distribution or sale of 1. The insurance afforded the vendor does not apply the products. to: 2. This insurance does not apply to any insured a. "Bodily injury' or "property damage" for which person or organization, from whom you have the vendor is obligated to pay damages by acquired such products, or any ingredient, part or reason of the assumption of liability in a container, entering into, accompanying or contract or agreement. This exclusion does containing such products. not apply to liability for damages that the 3. This provision 2. does not apply to any vendor vendor would have in the absence of the included as an insured by an endorsement issued contract or agreement; by us and made a part of this Policy. b. Any express warranty unauthorized by you; 4. This provision 2. does not apply if"bodily injury'or c. Any physical or chemical change in the "property damage" included within the "products- product made intentionally by the vendor; completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. g d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, 2. MISCELLANEOUS ADDITIONAL INSUREDS testing, or the substitution of parts under WHO IS AN INSURED is amended to include as an instructions from the manufacturer, and then insured any person or organization (called additional repackaged in the original container; insured) described in paragraphs 2.a. through 2.h. e. Any failure to make such inspections, below whom you are required to add as an additional adjustments, tests or servicing as the vendor insured on this policy under a written contract or has agreed to make or normally undertakes to agreement but the written contract or agreement must make in the usual course of business, in be: connection with the distribution or sale of the 1. Currently in effect or becoming effective during the products; term of this policy; and f. Demonstration, installation, servicing or repair 2• Executed prior to the "bodily injury," "property operations, except such operations performed damage" or"personal and advertising injury," but at the vendor's premises in connection with the sale of the product; Only the following persons or organizations are additional insureds under this endorsement and p g. Products which, after distribution or sale by coverage provided to such additional insureds is you, have been labeled or relabeled or used limited as provided herein: as a container, part or ingredient of any other thing or substance by or for the vendor; or a. Additional Insured—Your Work h. "Bodily injury' or "property damage" arising That person or organization for whom you do out of the sole negligence of the vendor for its work is an additional insured solely for liability own acts or omission or those of its due to your negligence specifically resulting SB-146932-D Page 1 of 5 (Ed. 07/09) 37 SB-146932-D (Ed. 07/09) from your work for the additional insured This insurance does not apply to "bodily which is the subject of the written contract or injury," "property damage" or "personal and written agreement. No coverage applies to advertising injury' arising out of operations liability resulting from the sole negligence of performed for the state or municipality. the additional insured. c. Controlling Interest The insurance provided to the additional insured is limited as follows: Any persons or organizations with a controlling interest in you but only with respect (1) The Limits of Insurance applicable to the to their liability arising out of: additional insured are those specified in (1) Their financial control of you; or the written contract or written agreement or in the Declarations of this policy, (2) Premises they own, maintain or control whichever is less. These Limits of while you lease or occupy these Insurance are inclusive of, and not in premises. addition to, the Limits of Insurance shown in the Declarations. This insurance does not apply to structural alterations, new construction and demolition (2) The coverage provided to the additional operations performed by or for such additional insured by this endorsement and insured. paragraph F.9. of the definition of"insured contract" under Liability and Medical d. Managers or Lessors of Premises Expenses Definitions do not apply to A manager or lessor of premises but only with "bodily injury' or "property damage" respect to liability arising out of the ownership, arising out of the "products-completed maintenance or use of that specific part of the operations hazard" unless required by the premises leased to you and subject to the written contract or written agreement. following additional exclusions: (3) The insurance provided to the additional This insurance does not apply to: insured does not apply to "bodily injury," "property damage," or "personal and (1) Any "occurrence" which takes place after advertising injury' arising out of the you cease to be a tenant in that premises; rendering or failure to render any or professional services. (2) Structural alterations, new construction or b. State or Political Subdivisions demolition operations performed by or on behalf of such additional insured. A state or political subdivision subject to the following provisions: e. Mortgagee,Assignee or Receiver (1) This insurance applies only with respect A mortgagee, assignee or receiver but only to the following hazards for which the with respect to their liability as mortgagee, state or political subdivision has issued a assignee, or receiver and arising out of the permit in connection with premises you ownership, maintenance, or use of a premises own, rent, or control and to which this by you. insurance applies: This insurance does not apply to structural (a) The existence, maintenance, repair, alterations, new construction or demolition construction, erection, or removal of operations performed by or for such additional advertising signs, awnings, canopies, insured. cellar entrances, coal holes, f. Owners/Other Interests—Land is Leased driveways, manholes, marquees, hoistaway openings, sidewalk vaults, An owner or other interest from whom land street banners, or decorations and has been leased by you but only with respect similar exposures; or to liability arising out of the ownership, (b) The construction, erection, or maintenance or use of that specific part of the removal of elevators; or land leased to you and subject to the following additional exclusions: (2) This insurance applies only with respect This insurance does not apply to: to operations performed by you or on your behalf for which the state or political (1) Any "occurrence" which takes place subdivision has issued a permit. after you cease to lease that land; or SB-146932-D Page 2 of 5 (Ed. 07/09) 38 SB-146932-D (Ed. 07/09) (2) Structural alterations, new Damage To Property, is replaced by the construction or demolition operations following: performed by or on behalf of such additional insured. k. Damage To Property g. Co-owner of Insured Premises "Property damage"to: A co-owner of a premises co-owned by you 1. Property you own, rent or occupy, and covered under this insurance but only including any costs or expenses with respect to the co-owners liability as co- incurred by you, or any other person, owner of such premises. organization or entity, for repair, replacement, enhancement, h. Lessor of Equipment restoration or maintenance of such Any person or organization from whom you property for any reason, including lease equipment. Such person or organization prevention injury a person or are insureds only with respect to their liability damage to another's property, arising out of the maintenance, operation or 2. Premises you sell, give away or use by you of equipment leased to you by abandon, if the "property damage" such person or organization. A person's or arises out of any part of those organization's status as an insured under this premises; endorsement ends when their written contract or agreement with you for such leased 3. Property loaned to you; equipment ends. 4. Personal property in the care, With respect to the insurance afforded these custody or control of the insured; additional insureds, the following additional 5. That particular part of any real exclusions apply: property on which you or any This insurance does not apply: contractors or subcontractors working directly or indirectly in your behalf are (1) To any "occurrence" which takes place performing operations, if the"property after the equipment lease expires; or damage" arises out of those 2 To "bodily injury," "property damage" or operations; or O Y 9 "personal and advertising injury' arising 6. That particular part of any property out of the sole negligence of such that must be restored, repaired or additional insured. replaced because "your work" was Any insurance provided to an additional insured incorrectly performed on it. designated under paragraphs b. through h. above Paragraph 2 of this exclusion does not does not apply to "bodily injury' or "property apply if the premises are "your work" and damage" included within the "products-completed were never occupied, rented or held for operations hazard." rental by you. 3. The following is added to Paragraph H. of the Paragraphs 1, 3, and 4, of this exclusion BUSINESSOWNERS COMMON POLICY do not apply to "property damage" (other CONDITIONS: than damage by fire or explosion) to H. Other Insurance premises: 4. This insurance is excess over any other (1) rented to you: insurance naming the additional insured (2) temporarily occupied by you with the as an insured whether primary, excess, permission of the owner, or contingent or on any other basis unless a (3) to the contents of premises rented to written contract or written agreement you for a period of 7 or fewer specifically requires that this insurance be consecutive days. either primary or primary and A separate limit of insurance noncontributing. applies to Damage To Premises Rented 4. LEGAL LIABILITY—DAMAGE TO PREMISES To You as described in Section D — Liability and Medical Expenses Limits of A. Under B. Exclusions, 1. Applicable to Insurance. Business Liability Coverage, Exclusion k. SB-146932-D Page 3 of 5 (Ed. 07/09) 39 SB-146932-D (Ed. 07/09) Paragraphs 3, 4, 5, and 6 of this (5) Any trustee, if you or an additional exclusion do not apply to liability insured is a trust; or assumed under a sidetrack agreement. (6) Any elected or appointed official, if you or Paragraph 6 of this exclusion does not an additional insured is a political apply to 'property damage" included in subdivision or public entity. the 'products-completed operations hazard." This paragraph e. applies separately to you and any additional insured. B. Under B. Exclusions, 1. Applicable to 6. Bodily Injury Business Liability Coverage, the last paragraph of 2. Exclusions is deleted and Section F. Liability and Medical Expenses replaced by the following: Definitions, item 3. "Bodily Injury" is deleted and Exclusions c, d, e, f, g, h, i, k, I, m, n, and o, replaced with the following: do not apply to damage by fire to premises "Bodily injury" means bodily injury, sickness or while rented to you or temporarily occupied by disease sustained by a person, including death, you with permission of the owner or to the humiliation, shock, mental anguish or mental contents of premises rented to you for a injury by that person at any time which results as period of 7 or fewer consecutive days. A a consequence of the bodily injury, sickness or separate limit of insurance applies to this disease. coverage as described in Section D. Liability And Medical Expenses Limits Of 7• Expanded Personal and Advertising Injury Insurance. Definition C. The first Paragraph under item 5. Damage To The following is added to Section F. Liability and Premises Rented To You Limit of Section Medical Expenses Definitions, item 14. D. Liability And Medical Expenses Limits Personal and Advertising Injury, in the Of Insurance is replaced by the following: Businessowners General Liability Coverage Form: The most we will pay under Business Liability for damages because of 'property damage" h. Discrimination or humiliation that results in to any one premises, while rented to you, or injury to the feelings or reputation of a natural temporarily occupied by you, with the person, but only if such discrimination or permission of the owner, including contents of humiliation is: such premises rented to you for a period of 7 1. Not done intentionally by or at the or fewer consecutive days, is the Damage to direction of: Premises Rented to You limit shown in the Declaration. a. The insured; or 5. Broad Knowledge of Occurrence b. Any "executive officer," director, stockholder, partner, member or The following items are added to E. manager (if you are a limited liability Businessowners General Liability Conditions company)of the insured; and in the Businessowners Liability Coverage Form: 2. Not directly or indirectly related to the employment, prospective employment, e. Paragraphs a. and b. apply to you or to any past employment or termination of additional insured only when such employment of any person or person by "occurrence," offense, claim or"suit' is known any insured. to: B. The following is added to Exclusions, Section (1) You or any additional insured that is an B.: individual; (15)Discrimination Relating to Room, (2) Any partner, if you or an additional Dwelling or Premises insured is a partnership; Caused by discrimination directly or (3) Any manager, if you or an additional indirectly related to the sale, rental, lease insured is a limited liability company; or sub-lease or prospective sale, rental, (4) Any "executive officer" or insurance lease or sub-lease of any room, dwelling manager, if you or an additional insured is or premises by or at the direction of any a corporation; insured. SB-146932-D Page 4 of 5 (Ed. 07/09) 40 SB-146932-D (Ed. 07/09) (16)Fines or Penalties Personal and Advertising Injury Coverage Fines or penalties levied or imposed by a does not apply to policies issued in the states of New York or Ohio. governmental entity because of discrimination. D. This provision (Expanded Personal and C. This provision (Expanded Personal and Advertising Injury) does not apply if Advertising Injury) does not apply to Personal and Advertising Injury Liability is discrimination or humiliation committed in the excluded either by the provisions of the Policy states of New York or Ohio. Also, Expanded or by endorsement. SB-146932-D Page 5 of 5 (Ed. 07/09) 41 McDonald Insurance Group, Inc. RO Box 3089 Kirkland, WA 98033 Applicable to ACORD 25 - Certificate of Liability This certificate of liability insurance does not necessarily imply that primary coverage or other additional insured requirements are provided for the additional insured(s) unless an endorsement is attached specifying these coverages. This certificate does not necessarily comply with all contract requirements between the named insured and the additional insured(s). All involved parties should have their attorney review the policy for actual coverage and compliance with their written agreement or contract.. Applicable to ACORD 25,27,28, and 24 This certificate is the "latest' ACORD 25 (May, 2010) Certificate of Liability Insurance, or ACORD 27 (December, 2009) Evidence of Property Insurance or ACORD 28 (December 2009) Evidence of Commercial Property Insurance or ACORD 24 (September 2009) Certificate of Property Insurance . In order to issue certificates from our agency,these revisions listed above must be used. If you previously received an ACORD 25, 27, 28 or 24 with an earlier revision date, there are notable changes between the forms. Please note the following significant characteristics of the new ACORD forms. ❖ The cancellation clause refers back to the policy terms. ❖ Cancellation notice from the insurance carrier is provided to the first named insured. That right is not available to certificate holders. ❖ The ACORD form is copyrighted. Permission to alter it is not available. ❖ As Insurance Agents we receive authority from the insurance carriers that we represent to issue certificates. Carriers do not authorize us to include special language or alter the form even without the copyright concerns. The carriers also do not authorize us to complete special coverage forms provided by the certificate holder. C�0�1RY` .� C�0�1RY` C�0�1RY` McDonald Insurance Group,Inc—Po Box 3089 Kirkland, WA 98083 42 This page intentionally left blank 43 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: August 21, 2012 TO: Kent City Council Operations Committee FROM: John Hodgson, Chief Administrative Officer THROUGH: Suzette Cooke, Mayor SUBJECT: 2013/2014 Biennial Budget Revenue Forecast Update MOTION: No action, information only. SUMMARY: Staff will discuss with the Operations Committee the revenue forecast associated with the 2013/2014 biennial budget. BUDGET IMPACT: EXHIBITS: To be presented at the August 21 Operations Committee meeting.