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HomeMy WebLinkAboutCity Council Committees - Operations - 11/19/2013 • KEN T WASH NOTON Operations Committee Agenda Councilmembers: Dennis Higgins * Jamie Perry * Les Thomas, Chair November 19, 2013 4:00 p.m. Item Description Action Speaker Time Pace 1. Approval of Minutes YES 1 dated November 5, 2013. 2. Approval of Check Summary YES Report 10/16/2013 through 10/31/2013. 3. 2014 Legislative Consulting Contract YES M. Wilmot 5 3 with Outcomes by Levy—Authorize. 4. 2014 Federal Lobbyist Consultant YES B. Wolters 5 13 Services Agreement- Authorize. 5. 2014 Kent Downtown Partnership YES K. Hanson 5 27 Annual contract- Authorize. 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 Satwinder Kaur at (253) 856-5705. 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 November 5, 2013 Committee Members Present: Les Thomas, Chair, Dennis Higgins with concurrence from Jamie Perry. The meeting was called to order by L. Thomas at 4:00 p.m. 1. APPROVAL OF MINUTES DATED OCTOBER 15, 2013. D. Higgins moved to approve the Operations Committee minutes dated October 15, 2013. L. Thomas seconded the motion with concurrence from J. Perry, which passed 3-0. 2. APPROVAL OF CHECK SUMMARY REPORTS DATED 10/1/2013 THROUGH 10/15/2013. D. Higgins moved to approve the check summary reports dated 10/1/2013 through 10/15/2013. L. Thomas seconded the motion with concurrence from J. Perry and it passed 3-0. 3. PREFERRED COPIER SYSTEMS I MAINTENANCE CONTRACT FOR CITY MULTIFUNCTION COPIER/PRINTER DEVICES - AUTHORIZE. D. Drake presented the contract with Preferred Copier Systems for maintenance of the City fleet of Ricoh Multifunction Copier/Printer Devices. The city had a five year lease to own Agreement with ABS Ricoh, which is now expired. An RFP was issued and three vendors responded. Preferred Copier Systems was selected as the best option based on the costs and services analysis. Preferred Copier systems is a local Kent Company and is highly qualified for the job. This item was already allocated in the budget so it will not bean additional cost. D. Higgins moved to recommend the council authorize the Mayor to sign a Goods and Services Agreement with Preferred Copier Systems in an amount not to exceed $150,000 over 12 months for maintenance of the city fleet of Ricoh Multifunction Copier/Printer Devices (MFDs) subject to terms and conditions acceptable to the City Attorney and Information Technology Director. 4. RESOLUTION AUTHORIZING THE WRITE-OFF OF UNCOLLECTABLE ACCOUNTS. B. Nachlinger requested that the committee members authorize the write-off of uncollectable accounts. These accounts have already been fully reserved as doubtful accounts so there is no budget impact. The accounts include a 1979 water charge in lieu of assessment and damages to city owned vehicles. D. Higgins moved to recommend the council approve the ordinance authorizing the write-off of collectable accounts in the amount of $34,492.29. z 5. SEPTEMBER FINANCIAL SUMMARY PACKET. B. Nachlinger presented the September Financial Summary packet. He informed the committee members that ending fund balance will grow by $3.9 million. Sales tax collection is up 3.6% from the same period in 2012. Utility tax is estimated to end the year slightly under budget whereas property tax is projected to end the year very close to budget. The meeting was adjourned at 4:21 p.m. by L. Thomas. Satwinder Kaur Operations Committee Secretary 3 OFFICE OF THE MAYOR Suzzette Cooke, Mayor • Phone: 253-856-5700 KEN T Fax: 253-856-6700 Address: 220 Fourth Avenue S. WASHINGTON Kent, WA. 98032-5895 Date: November 19, 2013 To: Kent City Council Operations Committee From: Michelle Wilmot, Communications and Public Affairs Manager Through: Tom Brubaker, Interim Chief Administrative Officer Subject: 2014 Legislative Consulting Contract with Outcomes by Levy - Authorize MOTION: Authorize the Mayor to sign the government relations consulting services agreement for 2014 with Outcomes by Levy, in the amount of $66,000.00 per year, plus agreed upon expenses, and upon review by the City Attorney. SUMMARY: Since the year 2000, the city has contracted annually with Doug Levy of Outcomes by Levy to provide services for the city of Kent. These services include the following activities: • Assist with issue identification and meetings with Kent legislators prior to the Legislative Session. • Continue to monitor and identify problems and opportunities for Kent on issues under consideration by various state legislative bodies including group meetings on transportation, fiscal resources, endangered species listings, and other state agency activities. • Monitor and report legislation of concern to Kent during the Legislative Sessions(s), working with the Mayor's Office to provide regular status reports and to advocate for Kent on relevant issues. • Assist with issue identification, opportunities for Kent, and advocacy efforts with Kent's federal representatives. Assist with pursuit of funding for Kent projects, particularly at the state and federal levels Mr. Levy has proven himself to be extremely effective in advancing Kent's legislative agenda and has accumulated a great deal of expertise and knowledge regarding the issues of importance to Kent. EXHIBITS: Consultant Services Agreement with Outcomes by Levy BUDGET IMPACT: Utility and General Fund 4 CONSULTANT SERVICES AGREEMENT between the City of Kent and Outcomes by Levy THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Outcomes by Levy organized under the laws of the State of Washington, located and doing business at 15619 NE 62°d Place, Kenmore, WA 98028; 425-922-3999 (hereinafter the "Consultant"). L DESCRIPTION OF WORK Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Scope of Work: The following outlines the scope of work under this Agreement. Specific work plans shall be developed mutually and reviewed on a regular basis. • Assist with issue identification and meetings with Kent legislators prior to the Legislative Session. • Continue to monitor and identify problems and opportunities for Kent on issues under consideration by various state legislative bodies including group meetings on transportation, fiscal resources, endangered species listings, and other state agency activities. • Monitor and report legislation of concern to Kent during the Legislative Sessions(s), working with the Mayor's Office to provide regular status reports and to advocate for Kent on relevant issues. • Assist with issue identification, opportunities for Kent, and advocacy efforts with Kent's federal representatives. • Assist with pursuit of funding for Kent projects, particularly at the state and federal levels. Reporting and Communication: The Consultant shall communicate weekly with designated staff regarding work under this Agreement. Monthly summaries of work completed shall be appended to invoices for payment. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. 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 during the year 2014 and ending on December 31, 2014. 5 III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty Six Thousand dollars ($66,000.00), not including approved and agreed upon expenses for the services described in this Agreement, The City shall reimburse the Consultant for expenses incurred while doing business on the City's behalf, which shall be limited to meals, parking, lodging, mileage at the State of Washington's standard reimbursement rate, phone calls attributable to City of Kent business, legislative session office space and expenses, and other travel and conference/meeting expenses where such attendance is directed by the City . Where such expenses are incurred in connection with work on legislative or regulatory issues affecting the Contractor's other relevant clients, these expenses shall be pro-rated to maximum extent practicable. 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 supplemental 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. 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. hi 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 and that 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. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work,file the attached Compliance Statement. 6 VIL 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. The provisions of this section shall survive the expiration or termination of this Agreement. VIIL INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XIL 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. XIIL 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. 7 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. hi 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, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 8 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) (Title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Doug Levy John M. Hodgson, CAO Outcomes by Levy City of Kent 15619 NE 62nd Place 220 Fourth Avenue South Kenmore, WA 98028 Kent, WA 98032 (425)922-3999 (telephone) (253) 856-5710 (telephone) (425) 424-8921 (facsimile) (253) 856-6700 (facsimile) APPROVED AS TO FORM: Kent Law Department 9 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 20 . By: For: Title: Date: 10 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 11 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I,the undersigned, a duly represented agent of The City of Kent , hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Outcomes by Levy-that was entered into on the 1"of January. 2013 , 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 31 day of December , 2013. By: For: Title: Date: 12 EXHIBIT A PAYMENT SCHEDULE Invoices shall be submitted monthly for 1/12 of the annual contract amount and any relevant expenses as detailed in the contract. EXHIBIT B INSURANCE REQUIREMENTS No Insurance is required for this Contract. 13 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING DIVISION KENT Fred N Satterstrom, AICP, Planning Director wns HINGTON Charlene Anderson, AICP, Planning Manager Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: November 19, 2012 TO: Kent City Council Operations Committee THROUGH: Ben Wolters, Economic & Community Development Director SUBJECT: 2014 Federal Lobbyist Consultant Services Agreement MOTION: Recommend Council to authorize the Mayor to sign the Consultant Services Agreement with VanNess Feldman, Attorneys at Law representing the City of Kent as our Federal Lobbyist, not to exceed $56,000.00, and to expire on December 31, 2014 subject to final terms and conditions acceptable to the City Attorney. SUMMARY: This agreement with VanNess Feldman, Attorneys at Law is to provide the City of Kent Federal representation with a particular emphasis on the Washington State Congressional delegation and will not exceed $56,000. Through this agreement, VanNess Feldman represented by Ben McMakin, will provide representation to secure Congressional and Executive Branch support to replace, repair, certify, and accredit the Green River levee system in Kent. VanNess Feldman will also provide representation to seek federal funding for the levee system through reauthorization of the Water Resources Development Act (WRDA) and other potential funding sources. VanNess Feldman will provide representation to secure funding for Kent's transportation priorities, particularly grade separations, freight mobility and transit projects in Kent that aligns with federal priorities. The focus will be on the Federal Surface Transportation Reauthorization bill and the yearly discretionary appropriations bills. VanNess Feldman will also provide representation for regulatory policy support and Federal funding for the Green/Duwamish Rivers Ecosystem Restoration and to restore Human Service and Community Development block grant funding and other federal opportunities and issues as they arise. If you have any questions prior to the meeting, please call Ben Wolters, 856-5703. BUDGET IMPACT: Yes, approved in the City 2013-2014 budget Exhibits: Consultant Services Agreement 14 CONSULTANT SERVICES AGREEMENT between the City of Kent and Van Ness Feldman, a Professional Corporation THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), Van Ness, a Professional Corporation organized under the laws of the State of Washington DC, located and doing business at 1050 Thomas Jefferson Street N.W., Washington D.C. 20007-3877, (202) 298-1956 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Provide Federal legislative representation to the City of Kent with particular emphasis on the Washington state congressional delegation as further described in the Consultant Work Program attached and incorporated as Exhibit A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $56,000.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of 15 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 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. 16 VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. 17 XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of 18 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: Ben McMakin Ben Wolters, Economic & Community Van Ness Feldman Development Director 1050 Thomas Jefferson St., N.W. City of Kent Washington D.C. 20007-3877 220 Fourth Avenue South (202) 298-1800 (telephone) Kent, WA 98032 (202) 338-2716 (facsimile) (253) 856-5703 (telephone) (253) 856-6454 (facsimile) APPROVED AS TO FORM: Kent Law Department 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. By: For: Title: Date: 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. 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. By: For: Title: Date: zz Exhibit A Work Program Van Ness Feldman (Firm) agrees to provide federal representation to the City of Kent(City), beginning on January 1, 2014 to December 31st, 2014. Van Ness Feldman will provide the City with comprehensive federal representation and will work with the Mayor, City Council and City departments to develop and implement both a short term and long range federal relations strategy in support of City projects, policies, and programs that are influenced or supported by federal policies and funding. Toward this end, Van Ness Feldman will implement the following work plan on behalf of the City of Kent: • Work with the City's Economic Development Director, city departments, Mayor, and city council on developing and implementing a strategy to secure federal funding and policy support for the following key federal relations priorities in 2014 and beyond: 1. Congressional and Executive Branch support to replace, repair, certify and secure FEMA accreditation of the Green River levee system in Kent. Continue Kent effort to adopt a reasonable interim flood zone and flood insurance program until the levee system is replaced, repaired and recertified. Support Kent initiatives, both current and future anticipated initiatives, to certify and accredit the levee system by the federal government. 2. Funding from the Federal Surface Transportation Reauthorization bill and through the yearly discretionary appropriations bills for key grade separations and other significant transportation priorities for Kent. 3. Authorization for project funding through the Water Resources Development Act Reauthorization (WRDA) and other potential new Federal Funding sources for the Kent Valley Levee Project. 4. Support City efforts to continue federal funding and regulatory policy support for the Green/Duwamish Rivers Ecosystem Restoration projects and program. 5. Continued federal support for local law enforcement and crime prevention. 6. Restoring Human Service and Community Development block grant funding in support of growing human service needs in the Kent community. 7. Identify federal policies, regulatory programs and grants that can support the City of Kent's strategic goals. 8. Other federal opportunities and issues identified as a priority for the City of Kent. 23 • Coordinate and advocate for the City of Kent's appropriations requests to the Washington Congressional delegation on behalf of levee repair,transportation, habitat restoration, and other municipal priorities identified by the City. • Manage relationships with key staff in the Washington congressional delegation. • Coordinate with the City of Kent visits to Washington, D.C. by City officials working on Kent's priority projects and other municipal interests. • Design and implement an outreach plan to bring Members of Congress and congressional staff to the City of Kent for further discussion and education on the needs and opportunities for federal support of the Kent communities' priorities. • Monitor legislative initiatives of interest to the City of Kent. • Assist City Departments with tracking, identifying, and securing grant opportunities in support of City priorities and initiatives, including human services, open space, law enforcement, environmental and energy conservation, and others. • Provide updates, strategy development and coordination via monthly conference calls with the City of Kent staff on the progress of the work, next steps, and assignment of tasks between the lobbyist and City staff in support of the ongoing work program. These monthly calls will be supplemented by meetings and e-mail reports as needed. Ben McMakin for VanNess Feldman and Ben Wolters for the City of Kent will develop the agenda for these monthly calls in consultation with the leads of the City departments involved with the federal issues to be discussed and who will participate in those calls and meetings. Funding for Public Works' grade separation and levee replacement projects will be leading issues for the monthly calls. Ben McMakin will have primary responsibility for this representation. If necessary, he may request assistance from other professionals in the firm to provide the City with the most effective, efficient, and timely representation. The City of Kent will pay the Firm a monthly retainer of$4,666.66. The retainer includes all associated costs, such as travel, printing, phone, etc, including all costs for one in person visit to Kent requiring air travel by up to two members of the Van Ness Feldman team. Additional air travel requested and required by Kent will be supplemental to the retainer and charged, without markup, as incurred. Van Ness Feldman understands that cities often work with significant budget constraints for this type of work and will work with the City on a work schedule that fits within the City's budget parameters and still accomplishes the work needed. Van Ness Feldman will include in its billing statements all charges and disbursements for expenses incurred specifically for its representation of the City of Kent. A detailed statement of amounts due for professional services and expenses will be provided to the City of Kent on a monthly basis. The contract will not exceed a total amount of$56,000. The City agrees to provide monthly payment within 45 days of receipt. 24 The City of Kent consents to being listed as a Firm client on firm promotional materials. This consent includes to permitting the firm to generally describe the matters on which we have or are representing you to the extent that those matters are public knowledge. The City of Kent has the right to terminate this engagement by written notice at any time. It is further agreed that after the conclusion of this contract, Van Ness Feldman will offer to return the files to the City of Kent. If Van Ness Feldman does not receive instructions as to the disposition of these files within 60 days after said offer, it is agreed that Van Ness Feldman need not retain such files for more than three (3) years, after which it may destroy all such materials that do not have intrinsic value. The City of Kent further agrees that Van Ness Feldman may retain a copy of materials in such files, at its own expense. 25 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 26 EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 27 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING DIVISION Fred N Satterstrom, AICP, Planning Director KENT Charlene Anderson, AICP, Planning Manager Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: November 19, 2013 TO: Kent City Council Operations Committee FROM: Kurt Hanson, Economic Development Manager RE: 2014 Kent Downtown Partnership Annual Contract MOTION: Recommend Council approval of the 2014 Consultant Services Agreement with Kent Downtown Partnership in the amount of $33,600 to expire on December 31, 2014. BACKGROUND: Kent Downtown Partnership provides direct services to increase the economic development of Kent's downtown core. Services under this agreement include but are not limited to; Continuing to increase participation in the Main Street B/O tax incentive program, create vibrancy in historical downtown, sustain business and continue to create new ones, and strengthen the KDP membership. The yearly contract amount with KDP (DBA Kent Downtown Partnership) is the same as 2013. This contract amount will not to exceed $33, 600 and will expire on December 31, 2014. If you have any questions prior to the meeting, please call Kurt Hanson at 856-5706. BUDGET IMPACT: Yes, budget in 2014 City Budget EXHIBITS: 2014 Consultant Services Contract Attached 28 EXHIBIT A Kent Downtown Partnership's 2013 SCOPE OF WORK/GOALS/ACCOMPLISHMENTS Billing Requirements: Kent Downtown Partnership will bill on a monthly basis for $2800; total annual contract is $33,600. Executive Director: Barbara J. Smith, barbarasAkentdowntown.org, 253-813-6976 Organizational Statement: The Kent Downtown Partnership serves as a partner between businesses, property owners, residents, non-profit organizations and the city to strengthen and develop a vibrant downtown Kent through its organization, design, promotion and economic development. 1. Create sponsorship opportunities for businesses to sponsor more of our events 2. Respect and convince long-time residents of Kent,to invest in downtown 3. Continue to work on funding resources for defining a brand for downtown 4. Continue with and create new activities downtown 5. Develop a marketing plan to drive more people to our new website 6. Develop a marketing plan to gather more emails to expand our message about downtown; maximize our social media opportunities 7. Continue working towards merging old with new 8. Continue to maintain a sense of community in downtown 9. Continue our great working relationships with the City of Kent and our non- profits groups throughout Kent Business & Occupation Committee: Continue to increase participation in the Main Street Business & Occupation Tax Incentive Program for 2013. 1. Raise $90,000 before year end of 2013 2. Promote sponsorships to encourage businesses to get involved 3. Reach out beyond downtown Kent for partners in the B&O program;they use downtown too, for themselves and their employees Design Committee: The goal is to create an environment in historical downtown of vibrancy, and a clean, safe and friendly place to shop and bring the family. 1. Create a good first impression of downtown 2. Invest heavily in beautification of downtown 3. Continue work on developing public gathering places 4. Continue to move forward by working with the city on a"quiet zone" in downtown 5. Continue efforts to lease/own BNSF train depot building; after our structural engineer is allowed to enter the building. If affordable we would then move forward with researching a location to move it to and raise funds to achieve this. 6. Redevelop the pocket park between First Avenue and the alley of Gowe Street 7. Research Gateway (sign) system in downtown; including funding 29 8. Continue work with city to place planters throughout downtown 9. Continue work with the city to replace green benches with black benches downtown 10. Continue work on Dragonfly Project 11. Schedule Downtown Clean-Up Day for May 2013 12. Continue with Fagade Improvement grants 13. Work with Puget Sound Energy for grants for lighting our alley ways and parks 14. Continue to develop blade signage downtown; good business signage equals more money 15. Select 2013 Design Award winners 16. Redevelop the pocket park between First Avenue and the alley of Gowe Street Economic Development Committee: Sustain the businesses we have; bring new businesses to downtown; encourage building of residential downtown; provide affordable educational opportunities for our businesses and continue enhancing our communications with property owners. 1. Develop strategy for continuing our efforts to brand downtown Kent;find financial partners to make this happen 2. Host a Real Estate Broker's Open event 3. Continue work with property owners to undertake fagade improvements to their buildings/storefronts 4. Host an annual Property Owner's meeting 5. Continue providing educational opportunities for businesses 6. Create opportunities for property owners to cover vacant windows with wraps 7. Promote that downtown Kent has "free parking" 8. Support our shop local campaign; Find It in Kent 9. Work with original electrical company who installed our roofline lights; get bids to replace/repair lights 10. Continue to work with City of Kent Community& Economic Development Department on promoting programs to property owners and merchants that will enhance their property: see Design Committee Fagade Improvement Grants 11. Continue to promote lighting and tree improvements on Meeker Street between 2°d and 1"Avenue in conjunction with Design Committee 12. Maintain the map on the kiosk in front of the Regional Justice Center Building 13. Continue to install updated dining lists in Juror's Room at Regional Justice Center Building 14. Update the downtown dining guide twice a year and distribute to key locations, such as RJC, ShoWare Center, hotels, etc. 15. Look at repainting the A-Frame signs that promote "Historical Downtown Kent" 16. Create funding for continuing our efforts in "lighting up downtown" 17. Select award winners for Best Restaurant, Best Retail, Best Service, and Best Professional business 18. Continue our effort to bring more residential in downtown Kent 19. Continue to work on bringing a grocery store, not just a convenience store, to downtown Kent 30 20. Continue work with County to place a brochure rack at the Sounder Garage 21. Work with the City to develop mandates for property owners to maintain their buildings; define what the consequences would be 22. Sponsor no less than one of ShoWare Center events monetarily Membership Committee: To maintain our current members and grow membership. 1. Recruit more volunteers to the Membership Committee 2. Work with Board to become more engaged in recruiting new members 3. Review monthly financial reports that tell us who is 30/60/90 days overdue in payment of their membership fees; act on it 4. Make appointments with new members, face-to-face 5. Continue to grow membership by 20% & continue retaining members 6. Continue to develop tools to increase value of membership 7. Distribute welcome bags to new businesses as well as long-term members Promotions/Marketing Committee: Market Downtown Kent and all its businesses and develop strategies, such as social media and website that gives people more reasons to come downtown. 1. Host our annual dinner/auction fundraiser in June at ShoWare Center 2. Support Kent Lion's with Cornucopia and Winterfest 3. Host Small Business Day in November 4. Work with City of Kent on Spring into Art event in March 5. Host no less than three Downtown Breakfast Hours at ShoWare Center 6. Continue with updates to Regional Justice Center kiosk and menu binder located in Juror's Room at the Regional Justice Center 7. Continue partnering with City, Chamber, Kent Station and other organization, including non-profits, that help us to promote and revitalize our downtown 8. Continue creating marketing opportunities with ShoWare Center and our businesses to cross market 9. Continue to support and market Seattle Thunderbirds and their games 10. Create a Shopper's Guide brochure 11. Host three Membership Appreciation Events annually 12. Add approximately one new event each month Administrative Staff. To support and assist with the goals of the Kent Downtown Partnership Board and to assist in communication of these efforts to the public. 1. Continue posting of activities and things you can find in downtown on Facebook and other social media 2. Find grants for the various projects KDP is working on; such as lighting for downtown 3. Put a video on website to promote downtown and educational programs for members 31 4. Identify with Board top income producing activities to focus on this year 5. Put annual report in newsletter and present to City Council 6. Present an update to the City's Community and Economic Development Department and/or City Council; two times annually 7. Inform everyone what KDP is accomplishing through our weekly eBlast and monthly eNewsletter, Facebook, other social media, etc. 8. Be sure service clubs are linked to KDP website 9. Keep website updated timely 10. Keep open communication with City of Kent and its departments, service groups, and other organizations and businesses we work with to accomplish our goals and assist them in reaching theirs Barbara Smith, Executive Direction Kent Downtown Partnership 253-813-6976 or barbaras ,kentdowntown.org www.downtownkentwa.com 202 W. Gowe Street, Suite A, Kent, WA, 98032 ATE CERTIFICATE OF LIABILITY INSURANCE D 11/OS11/05/ YYY, /2013 PRODUCER THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION Douglas L. Jones ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 224 W. Meeker St HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Kent, WA 98032 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ,.....r INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A'.State Farm Fire and Casualty Company 25143 25143 Kent Downtown Partnership 202 W Gowe St Ste A INSURERB. Kent, WA 98032 wsuRERA INSURER D. INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS O F SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICYEFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDNY) DATE(MM/DDNY) LIMITS A X GENERAL LIABILITY 98—BM—QS98—SQ 12/08/2013 12/08/2014 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS MADE OCCUR SEE FAR(Any one person) $ 5,000 PERSONAL&Ara INJURY $ GENERAL AGGREGATE $ 4,000,000 GEN'LAGGREGATE LIMDAFPLIES PER PRODUCTS-OGMKOPAGG $ 4,000,000 POLICY PRO- EI JECT LOC B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-0WNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTOONLY—EAACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGO $ A EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS'LIABILITY TORV LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ELDISEASE-EAEMPLOYEE $ Hype describe under SPECIAL PROVISIONS below I I I FIT DISEASE-POLICY LIMIT $ A OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 220 4" Ave S DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL __ DAYS WRITTEN Kent, WA 98032 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Douglas L Jones e registration notices indicate ownersFi—p_37 ie mars by their respective owners 132849 03-13-2007 All rights reserved 33 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108)