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HomeMy WebLinkAboutCity Council Committees - Economic and Community Development Committee - 02/12/2018Unless otherwise noted, the Economic & Community Development Committee meets at 5 p.m. on the second Monday of each month in Kent City Hall, Council Chambers East, 220 4th Ave S, Kent, 98032. For additional information please contact Julie Pulliam at 253-856-5702. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. Economic & Community Development Committee Agenda Councilmembers: Satwinder Kaur, Tina Budell, Bill Boyce, Chair February 12, 2018 5:00 p.m. Item Description Action Speaker(s) Time Page 1. Call to Order Bill Boyce 1 min. 2. Roll Call Bill Boyce 1 min. 3. Changes to the Agenda Bill Boyce 1 min. 4. Approval of January 8, 2018 Minutes YES Bill Boyce 1 min. 1 5. Scenic Hill Neighborhood Council Repeal YES Toni Azzola 5 min. 7 Resolution 6. JayRay Ads & PR- 2018 Contract YES Michelle Wilmot 15 min. 11 7. Sound Transit Update NO Charlene Anderson 15 min 8. Rental Housing Inspection Program Update NO Matt Gilbert 10 min. 27 9. Director’s Report NO Ben Wolters & 10 min. Kurt Hanson Economic and Community Development Committee January 8, 2018 Minutes Kent, Washington Pending Approval Date: January 8, 2018 Time: 5:03 p.m. Place: Council Chambers Attending: Bill Boyce, Tina Budell, Satwinder Kaur, Danielle Butsick, Steve Wilson, Matt Gilbert, Brennan Taylor, Tim Higgins, Ben Wolters, Julie Pulliam Agenda: 1.Call to Order 5:03 p.m. 2.Roll Call Taken 3.Changes to the Agenda None 4.Approval of Minutes Committee Member Budell MOVED, Committee Member Kuar SECONDED a Motion to Approve the Minutes of December 11, 2017. Motion PASSED 3-0. 5.Sound Transit Update Danielle Butsick, long-range planner for Kent’s Economic and Community Development Department gave a brief overview of where the Sounder garage project in downtown Kent is and what can be expected on the project in the near future. Site Selection: Staff has been working on this project with Sound Transit for about a year, since January of 2017. The first step was to determine where the garage and access improvements would be built. Sound Transit conducted a really robust stakeholder engagement process to identify the site for the garage and received a lot of feedback. The stakeholder group (met between February and October) included: Kent Station/Tarragon Green River College Local residents and business owners Kent Chamber of Commerce Blue Origin Transit users, including bicycle commuters The site selected by the Sound Transit Board was what we all referred to as “site 3” on the east side of the railroad, south of James and west of Central Ave. Preferred Site: This was the site option A, was recommended by the stakeholder group, the most preferred in comments received by the public, staff’s recommendation, and the recommendation of City Council and the Mayor. The site has 8 individual lots including: Washington Cold Storage, building and turn-around lot, Sound Transit surface parking lot with about 70 parking spaces. Five smaller lots on Central Ave, including a Chevron gas station and coffee stand, a barber shop, insurance office, and bail bonds office. Page 1 of 6 1 Economic and Community Development Committee January 8, 2018 Minutes Kent, Washington Pending Approval Site Advantages: There are a number of advantages to this site. Cold storage warehousing and distribution use is less compatible with the vision for the downtown area than it was 50 years ago. It also takes advantage of a property that is already owned by Sound Transit, potentially reducing acquisition costs. Garage Locations Option A Another reason this site was appealing is that there is a lot of flexibility in how the site is used. Within the preferred site, there are several different layouts that could be selected. Option A would be; • Expensive to build because it would require building over or “lidding” over Railroad Avenue. • That would take a lot of engineering complexity, and it • Elevates the cost per stall because a large portion of the first floor is unusable for parking. • 550 NET STALLS Option B • Would use the Sound Transit lot and the smaller lots along Central Ave. • Staff have recommended to Sound Transit that this option is not ideal because it would: • Require a complex acquisition process for the smaller lots on Central • Preclude future redevelopment of the Central Ave frontage. • 490 Net Stalls Option C • Would use the Sound Transit surface lot and a portion of the cold storage building and lot for the garage • Realign Railroad Avenue in some way to the west of the garage, between the railroad and the parking garage. • 464 NET Stalls (very preliminary numbers) Preferred Improvement Package Along with the garage, Sound Transit has committed to including a package of non- motorized improvements. There will also be some specific to the site – like frontage improvements as part of permitting process. This is a high-level package of potential off-site access improvements. These improvements were part of the stakeholder engagement process – some were identified in the 2012 Sounder Access Study, and others were identified by staff, stakeholders, or members of the public during Sound Transit’s outreach. Page 2 of 6 2 Economic and Community Development Committee January 8, 2018 Minutes Kent, Washington Pending Approval Sidewalks at bus stations up to 100’ from stop. Routes 180, 166, 168. Project Timeline • This first step is really important and that’s where we are now – staff is working with Sound Transit and their consultants to come up with a site concept that gets us the most parking for our dollar, takes advantage of the opportunities on the site to improve non-motorized access, and integrates with Kent’s and King County Metro’s vision for the area as a welcoming, pedestrian-oriented transit center. • A couple of key things that we’re working on are 1) realigning Railroad Avenue to run adjacent to the railroad tracks (rather than lidding the building over the road, which makes us lose parking spaces and elevates the cost per stall), 2) straightening James Street to eliminate the curve around the cold storage building to improve motorist and pedestrian safety, and 3) continuing the bike lane on the south side of James along the garage frontage. • There is still a lot of preliminary design work to do to make this work; Sound Transit will be scheduling workshops for staff to work through some of the hurdles with their consultants. • This is assuming the traditional design-bid-build project delivery method. • Design-build delivery method (where one contractor is hired to manage design and construction) has reduced the time required for other projects – project is designed, permitted, and built simultaneously. It presents opportunities for engineering efficiencies when changes can be made on the fly to make the design and construction methods work better together. • Some items that come into play later in the process, but that staff is thinking about now are construction staging and how Sound Transit will handle surplus properties once construction is complete. We want to encourage Sound Transit to be strategic in the properties that they purchase for staging and focus on properties that can integrate with the project as future Transit Oriented development, and we want to avoid a situation where we’re left with a vacant, unimproved lot like the one on Smith and RR. • Staff will continue to work with Sound Transit staff and their consultants, and we’ll continue to update you as the project moves forward. Federal Way Link Extension Estimated Project Timeline Charlene Anderson brought the updated timeline to the Committee. Page 3 of 6 3 Economic and Community Development Committee January 8, 2018 Minutes Kent, Washington Pending Approval January – July: Monthly Updates to ECD Committee January – February: Finalize Project Requirements for RFP March 20, 2018: Update to City Council Workshop 2nd Quarter 2018: Value Engineering Exercise: RFQ issued January – April: Finalize Development and Transit Way Agreements June, 2018: Execute Agreements 3rd Quarter 2018: RFP Issued Due 2nd/3rd Q 2019 3rd/4th Quarter 2019: Contract Award Open to Public 2024 6. Permitting Workload Update – Next Steps Ben Wolters lead a discussion on the extraordinary year ECD has had in permitting and building a give a more detailed review. What total building activity looks like, what it has meant for the permitting process overall workload, and meeting our own performance goals in production and issuance of permits. Then Wolters will speak to where we are heading in 2018. Building Permit Valuation 2017, $237,730,698.80, almost equal 2014, $242,579,129.20 that was the year Amazon was brought to Kent which was a $100 million dollar project. In 2017 the big driver of revenue was 319 single family homes that were permitted along with a lot of tenant improvements in the valley for industrial properties. Permit Activity shows permits received and permits issued but not all permits issued in 2017 are permits applied for in the same year, permits issued could have been applied for in a previous year. The number of permit applications and permits issues has continued to go up since 2014. In 2017 we have reached the capacity of the workforce of what we can issue. There is currently a $2.47 million in permit fees of 323 backlogged permits. We have received these but have not been able to issue them. If we would have had the resources to keep up we could have potentially had an additional $2 million dollars in revenue above and beyond the $3 million we already have brought in above revenue projection. So together that would have been $5 million over 2017 revenue projection. Wolters is concerned with this backlog if the developers have to wait too long they will just move on to other projects and we will lose that revenue. Page 4 of 6 4 Economic and Community Development Committee January 8, 2018 Minutes Kent, Washington Pending Approval So how are we doing against our performance standards? There are 154 different kinds of permits but we have combined into 5 basic types. We are not keeping up in the days we have set as our standard. We are just not able to get to the permits per our standard first review time frame. Where we are today, prior to Christmas we were on average 57 days behind schedule. Due to a big push by the Development Engineering Division and the Building Division Staff we were able to reduce to 32 days which is the average of all 5 permit types. Staff wanting to start 2018 in the best way possible, but it is not sustainable. Looking ahead Wolters feel we will have a year very similar to 2017 for 2 reasons, there has been no let-up in single family housing permits. We just heard from one developer he will be submitting 40 new homes in 2018. We also have a pipeline of lots that will be approximately 250-320 more signal family homes. Permits start at the first of the year for Marquee on Meeker, other multifamily complexes and robust activity in the industrial center. Wolters feel it will be about a million over budget revenue. We are working on a budget proposal to the Mayor to increase staff, consultants, and overtime to assist with the permitting backlog. Steve Wilson explained they are calling and talking to the developer to let them know. We are trying catch up. The service level agreement with the customer is 28 days; this is the expectations for the developers to expect to get their permits back. Chair Boyce said we do need to figure out how to stay consistent within the standards the customers are expecting. Ken Sharp spoke to the length of permitting. It just takes too long to get a permit. 7. Showare Update Tim Higgins presented to the Committee a review of 2017. This is still an estimate we are working on final numbers. Concerts are down a little. Thunderbirds revenue is up due to playoffs. 2017 numbers will bet budget not quite as good as 2016. We had the same number of concerts, but they were smaller less sales less revenue. 2018 is looking good we are already working on 4 shows. First quarter should have 10 concerts. Our business model is taking hold and is working. Net Revenue and expenses estimated 2017. There is an increase in wages. There is a new requirement with security which is becoming industry standard. Food and beverage sales are how ShoWare makes its money. We need to replace some of the infrastructure of the kitchen flow and design. Some of the equipment needs to be replaced and other pieces we need more of them. Wolters stated we are approaching year 10 of the building and the maintenance costs are showing up. Page 5 of 6 5 Economic and Community Development Committee January 8, 2018 Minutes Kent, Washington Pending Approval 8. Directors Report Starbuck and Sonic is a go for a spring opening. 9. Adjournment of the meeting 6:20 p.m. ______ ___________________________________ Submitted Julie Pulliam Page 6 of 6 6 ECONOMIC AND COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: February 12, 2018 TO: Chair Bill Boyce and Economic and Community Development Committee FROM: Toni Azzola, Neighborhood Program Coordinator SUBJECT: Repeal Resolution No. 1776 recognizing Scenic Hill as a Neighborhood Council – Resolution – Recommend SUMMARY: Resolution No. 1776 was adopted January 15, 2008, recognizing the Scenic Hill Neighborhood Council. In 2016, due to disagreements and a lack of participation, the Scenic Hill Neighborhood Council board disbanded and has not been re-established. Staff have attempted over the course of many months to encourage neighborhood residents to re-establish a board to continue the work of the neighborhood council. These efforts have proved unsuccessful, and staff has recovered all unused grant funds previously provided to the neighborhood council. BACKGROUND: The City’s Neighborhood Program is an initiative designed to foster better communication among residents in a geographic area and city government. The underlying objective of the program is to provide an avenue for residents to work together to enhance the livability of their neighborhoods. The program encourages organization of neighborhood councils, which serve as independent, non-profit organizations promoting resident-based efforts for neighborhood improvements while also establishing a partnership between City government and the neighborhoods they serve. EXHIBITS: Exhibit A - Scenic Hill Neighborhood Map BUDGET IMPACT: None STRATEGIC PLAN GOAL(S): ☐ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging technologies, and fostering new opportunities and industries that benefit our community. ☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior infrastructure, enriched community interactions, and responsive, trusting relationships. ☐ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration. ☐ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and community partnerships. ☐ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of belonging. MOTION: Recommend Council adopt a resolution repealing Resolution No. 1776 recognizing the Scenic Hill Neighborhood Council. 7 RESOLUTION NO. ___________ A RESOLUTION of the City Council of the City of Kent, Washington, repealing Resolution No. 1776 and disestablishing the Scenic Hill Neighborhood Council. RECITALS A. The city of Kent has developed a Neighborhood Program to promote and sustain an environment that responds to residents by building partnerships between the City and its residents. In addition, the city of Kent encourages residents to work together to form geographically distinct neighborhood councils as a means to foster communication among residents and to enhance their sense of community. B. The city of Kent recognizes and supports neighborhood councils by endorsing a process to establish neighborhood boundaries, approve neighborhood councils, and provide neighborhood grant matching program opportunities to make improvements in defined neighborhoods. C. Resolution No. 1776 was adopted January 15, 2008, recognizing the Scenic Hill Neighborhood Council. In 2016, due to disagreements and a lack of participation, the Scenic Hill Neighborhood Council board disbanded and has not been re-established. 1 8 D. Staff have attempted over the course of many months to encourage neighborhood residents to re-establish a board to continue the work of the neighborhood council. These efforts have proved unsuccessful, and staff has recovered all unused grant funds previously provided to the neighborhood council. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Repealer. – Resolution No. 1776 is hereby repealed in its entirety. SECTION 2. – Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 3. – Corrections by City Clerk. Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of , 2018. 2 9 CONCURRED in by the Mayor of the City of Kent this _____ day of __________, 2018. DANA RALPH, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 3 10 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 Date: February 8, 2018 TO: Chair Bill Boyce and Economic & Community Development Committee FROM: Ben Wolters and the Lodging Tax Advisory Committee RE: JayRay Ads & PR, Inc. 2018 Contract for VisitKent For Meeting of February 12, 2018 SUMMARY: JayRay will be the City’s marketing company for the 2018 marketing and communications plan. This plan will be implemented as the approved budget of $185,803 allows. It will engage consumers through the four stages: travel, dreaming, planning, booking and experiencing Kent. Visit Kent is the tourism promotion and marketing arm for the City of Kent. Programs are designed to increase overnight hotel stays, boost local and regional destination awareness, and enhance the image and economic strength of residents and the business community. If you have any questions prior to the meeting, please call Michelle Wilmot, 856- 5709. EXHIBITS: Contract, scope, budget BUDGET IMPACT: Yes from Lodging Tax Funds MOTION: Move to authorize the Mayor to sign the 2018 contract with JayRay Ads & PR, Inc. to provide marketing for VisitKent. The contract amount will not exceed $185,803 and come from the lodging tax budget. This agreement will expire on December 31, 2018 subject to terms acceptable to the Economic & Community D l Di d Ci A 11 CONSULTANT SERVICES AGREEMENT between the City of Kent and JayRay Ads & PR Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and JayRay Ads & PR Inc. organized under the laws of the State of Washington, located and doing business at 535 E. Dock St #205, Tacoma, WA 98042 (253) 627-9128 (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 Website and Marketing for VisitKent.com as described and attached in exhibit A, scope of work. 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, 2018. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $185,803 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. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) 12 A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) 13 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 Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) 14 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 the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) 15 CONSULTANT: By: (signature) Print Name: Bridget Baeth Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Bridget Baeth JayRay Ads & PR Inc. 535 Dock Street #205 Tacoma, WA 98042 253-722-2690 (telephone) NOTICES TO BE SENT TO: CITY OF KENT: Michelle Wilmot City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5709 (telephone) APPROVED AS TO FORM: Kent Law Department CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) 16 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EEO COMPLIANCE DOCUMENTS - 1 17 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 18 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EEO COMPLIANCE DOCUMENTS - 3 19 Visit Kent SUPPORTS MARKETING & COMMUNICATIONS PLAN Budget: February-December 2018 January 10, 2017 WEBSITE: $18,829 Website (Content, Hosting & Maintenance)Budget Q1: Jan- March Q2: April- June Q3: July- Sept. Q4: Oct.- Dec. Write weekly blog and post to website (4/month)x x x x Manage website, including events calendar and listings, hero banners, homepage map, and make quarterly content updates x x x x Annual hosting, SSL, subscriptions (plug-ins, forms) and quarterly TripAdvisor integration x x x x 16 hours of quarterly maintenance and support (security checks, CMS updates, plug-in updates, troubleshooting)x x x x SUBTOTAL $18,829 SOCIAL MEDIA: $32,990 Social Media Deliverables Budget Q1: Jan- March Q2: April- June Q3: July- Sept. Q4: Oct.- Dec. Write and produce social content for Twitter, Instagram and Facebook, following approved social media plan and content calendar x x x x Community management and engagement (schedule and post content on Twitter, Instagram and Facebook, find photos from followers to post, and grow followers)x x x x Photography allowance (request images from businesses, and do quarterly photoshoots in Kent for social)x x x x Stock photography allowance to enhance posts as needed x x x x Monthly report of engagement metrics x x x x SUBTOTAL $32,990 MARKETING: $74,795 Marketing Deliverables Budget Q1: Jan- March Q2: April- June Q3: July- Sept. Q4: Oct.- Dec. Develop marketing campaigns (up to three) that leverage social media promotion/media relations efforts x x x Campaign copywriting (one round of revisions)x x x Develop advertising plan for 2018 (media outlets, demographics, reach and schedule)x Advertising allowance (digital and traditional travel media, to drive traffic to VisitKent.com)x x x x Washington Tourism Alliance membership x Sponsored social media post allowance to boost blogs x x x x Photography for marketing campaigns (up to 6 hours, includes site coordination, photographer, photo editing and development of an image library of 50 photos; models not included)x x Design ads, following advertising plan (one round of revisions)x x x x Email marketing: design, write and publish quarterly eblast using MailChimp (one round of revisions)x x x x SUBTOTAL $74,795 MEDIA RELATIONS: $32,670 Media Relations Deliverables Budget Q1: Jan- March Q2: April- June Q3: July- Sept. Q4: Oct.- Dec. Develop up to 5 travel and tourism media pitches, plus 2 press releases for PR Newswire (one round of revisions)x x x x PR Newswire (distribute two releases (400 words max, 3 basic photos) to US1 Travel Newsline x x Distribute pitches to media contacts and follow up x x x x Micro-influencer campaign (target travel bloggers on Instagram and bring 3 on hosted trip to Kent)x x Media hosting allowance x x x x PRSA Travel & Tourism Conference / Media Leads x Monitor Kent travel and tourism media coverage--monthly x x x x Provide monthly report and track earned media x x x x SUBTOTAL $30,670 PROJECT MANAGEMENT: $14,690 Project Management Budget Q1: Jan- March Q2: April- June Q3: July- Sept. Q4: Oct.- Dec. Develop project budgets and work plans, track goals and provide monthly report x x x x Project status calls with client (bi-monthly)x x x x Strategy sessions with client, in person (up to two)x x Presentations to LTAC (up to four)x x x x SUBTOTAL $14,690 TOTAL BUDGET: FEB-DEC 2018 $171,974 (ADD JANUARY 2018 BUDGET)$13,829 $185,803 Approval Signed Date I give JayRay my approval to proceed with this project based on this budget, subject to JayRay's Standard Terms and Conditions. 20 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 prope-rty which' may arise from or in connection with the performance ofthe work heieunder by.the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance consultant shall obtain insurance of the types described berow: 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 liabil ity 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 sing_le_limlt for bodily injury and property damage of $1,000,000 per accident. 2. commercial General Liability lnsurance shall be written with limits no less than $1,000,000 each occurrence, 92,000,000general aggregate. 21 EXHIBIT B (Continued) C. Other Insurance provisions The insurance policies are to contain, or be endorsed to contain, the followingprovisions for Automobile Liabirity and commercial ceneiii iiuuiritv ' insurance: 1. The consultant's insurance coverage shall be primary insurance asrespect the city.. An.y.Insurance, s-elf-insurance, or insuraniJ p""rcoverage maintain.ed by the city shall be excess of the consutiant,sinsurance and shall not contribrite with it. 2. The Consultant's insurance shall be endorsed to state that coverage shallnot be can.celled ov gllnel party, except after thirty rsol o-#-;rLl.written notice by certified mail, return' receipt reqrieited, LljJ f,een givento the City. 3. The City-of Kent shall be named as an additional insured on all policies(gxgepq professionat Liabirity) as respects work p"rfo;;;J d;;i;, beharfof the consultant.and .? copy of the endorsement naminq the citv asadditionat insured shail be'attached to the c;,tiit;G ;ii";;-;;L. TheCityreservestherightto.receiveacertiriedffisurance policies. The Consultant's Commercial Generai LiaUiiity intrrun.u shallalso contain a crause stating that coverage srrJti.ttit'r;p;;atery*to eacr,insured against whom craim is made or s-uit is brou!rrt, "i.epi *itl-,respects to the limits of the insurer,s liability. D. Acceptability of fnsurers Insurance is to be placed with insurers with a current A.M. Best rating of notless than A:VII. I E. Verification of Coverage Consultant shall furnish the City ryith original certificates and a copy of theamendatory endo.rsements, inciuding bu[ not necessarily limited i5if,.additional insured-endorsement, evidencing the inzurance requirements ofthe Consultant before commencement of t6e *oit .- F. Subcontractors Consultant shall include all subcontractors as insureds under its policies orshall furnish separate certificates and endorsements for each subcontractor.All coverages for subcontractors shall be subject to all of the same insurancerequirements as stated herein for the Consultant. 22 CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY) LIMITS WC STATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) 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). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 5/26/2017 Servco Pacific Insurance JayRay Ads & PR Inc.JayRay535 Dock Street, ste 205Tacoma WA 98402 Charter Oak Fire Insurance Company Travelers Indemnity Company of Amer Atlantic Specialty Insurance Compan 25615 27154 25666 206-216-4830 206-260-2903 seattle@servcopacific.com JAYRADS-01 1487331455 A 680-1D925560-17-42 5/19/2017 5/19/2018 Employers Liability 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000 X X A X X 680-1D925560-17-42 5/19/2017 5/19/2018 1,000,000 B X X 5,000 CUP-5F34278A-17-42 5/19/2017 5/19/2018 1,000,000 1,000,000 A 680-1D925560-17-42 5/19/2017 5/19/2018 C Professional Liability MEP1796417 5/19/2017 5/19/2018 LimitAggregate 1,000,0001,000,000 Certificate holder is Additional Insured as respects the General Liability policy per the attached endorsement. City of Kent220 Fourth Avenue SKent WA 98032 23 24 25 KENT JAYRAY ADS & PR INC 535N DOCK STREETS SUITE 205 TACOMA, WA 98402 City of Kent Business License Pleuse tear at perforation WA s H I N o r o N KENT BUSINESS LICENSE LICENSE MUST BE PAID ANNUALLY BY JANUARY lst TO AVOID PENALTY Issuance of License Does Not Imply Licensee's Compliance with State and Local Laws Per RCW 82, l4 local sales and use tax must be coded No. 171 5 for all qualified sales within the city of Kent. WASHtNGToN THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE. NOT TRANSFERABLE OR ASSIGNABLE 2018 NAME AND ADDRESS OF BUSINESS BLOC-2161226 JAYRAY ADS & PR INC 535 DOCK STREET SUITE 205 TACOMA, WA 98402 i)4n.lr- MAYOR Tax Registration Endorsement The City of Kent AI 220 4TH AVE SO KENT, WASHINGTON 98032 26 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 Date: February 8, 2018 TO: Chair Bill Boyce and Economic & Community Development Committee FROM: Matt Gilbert, Current Planning Manager RE: Rental Housing Inspection Program: Update For Meeting of November 13, 2017 SUMMARY: City staff has worked closely with Futurewise and Living Well Kent to further develop a draft policy for the Rental Housing Inspection program. An early draft was first shared with the ECDC in November. The team is currently sharing the updated draft policy with resident stakeholders and landlords as it prepares a final draft for presentation to the ECDC in March. Staff and the consultant team will be at the February 12th meeting to review the draft policy with the ECDC and seek feedback. An overview of the draft policy and summary of the ordinance is attached. BUDGET IMPACT: N/A MOTION: Information Only 27 DR A F T 28 DR A F T 29 DR A F T 30 DR A F T 31 DR A F T 32 DR A F T 33 DR A F T 34 35 36 37 38