HomeMy WebLinkAboutCity Council Committees - Economic and Community Development - 03/14/2022 (2)
Unless otherwise noted, the Economic and Community Development Committee meets at 4
p.m. on the second Monday of each month in the Kent City Hall , Council Chambers, 220
Fourth Avenue South, Kent, WA 98032.
For additional information please contact Rhonda Bylin at 253-856-5457 or
Rbylin@kentwa.gov.
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 7-1-1.
Economic and Community
Development Committee
Monday, March 14, 2022
4:00 PM
Chambers
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 863 1581 9764
Chair Toni Troutner
Councilmember Marli Larimer Councilmember Zandria Michaud
**************************************************************
Item Description Action Speaker Time
1. Call to Order Chair
2. Roll Call Chair
3. Agenda Approval Chair
4. Approval of Minutes YES
A. Approval of February 14,
2022 Minutes
YES Chair 05 MIN.
5. Information Only YES Chair 01 MIN.
A. Update on Naden
Assemblage, Outcome of its
Memorandum of
Understanding with Avenue
55, and Next Steps
NO Bill Ellis 30 MIN.
6. Business YES
A. Appoint Andrew Hutchison
to the Lodging Tax Advisory
Committee
YES Michelle Wilmot 05 MIN.
B. LTAC Grant to ECD for YES Michelle Wilmot 15 MIN.
Economic and Community Development Committee
CC ECDC Regular Meeting
March 14, 2022
contract with JayRay for
VisitKent Tourism Promotion
Campaign
7. Adjournment Chair
Page 1 of 4
Pending Approval
Economic and Community
Development Committee
CC ECDC Regular Meeting
Minutes
February 14, 2022
Date: February 14, 2022
Time: 4:00 p.m.
Place: Chambers
Members: Toni Troutner, Committee Chair
Marli Larimer, Councilmember
Zandria Michaud, Councilmember
Agenda:
1. Call to Order 4:00 p.m.
2. Roll Call
Attendee Name Title Status Arrived
Toni Troutner Committee Chair Present
Marli Larimer Councilmember Present
Zandria Michaud Councilmember Present
3. Agenda Approval
4. Approval of Minutes
A. Approval of Minutes dated January 10, 2022
MOTION: Move to approve the Minutes dated January 10, 2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Marli Larimer, Councilmember
SECONDER: Zandria Michaud, Councilmember
AYES: Troutner, Larimer, Michaud
5. Action Items
A. Resolution Ratifying Countywide Planning Policy Amendments and
Urban Growth Capacity Report - Adopt
Initially adopted in the early 1990’s, the Countywide Planning Policies (CPPs)
create a shared and consistent framework for growth management planning
for all jurisdictions in King County in accordance with RCW 36.70A.210. The
CPPs were last comprehensively reviewed and updated in 2012. The CPPs
were drafted in 2021 to be consistent with the Multicounty Planning Policies
(MPPs) and Regional Growth Strategy (RGS) contained in the Puget Sound
Regional Council's (PSRC) VISION 2050.
The guiding principles for the 2021 CPP updates include centering social
equity and health outcomes, integrating regional policy and legislative
4.A
Packet Pg. 3 Minutes Acceptance: Minutes of Feb 14, 2022 4:00 PM (Approval of Minutes)
Economic and Community Development
Committee CC ECDC Regular Meeting
Minutes
February 14, 2022
Kent, Washington
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changes, implementing the Regional Growth Strategy, and providing clear,
actionable direction for comprehensive plan updates.
The CPP update was years in the making, with the Growth Management
Planning Council (GMPC) being the primary elected body in charge of the
update. GMPC approved the guiding principles in June 2020 and focused on
the addition of equity-related considerations and establishing new growth
targets for each city after which they went to the King County Council for
consideration.
As a part of the CPP Update, new growth targets are recommended for the
2024-2044 planning period. Growth targets are policy statements about the
amount of housing and jobs each jurisdiction will plan for in the 2024
comprehensive plan update. Growth targets are created collaboratively by all
cities and King County to implement the Regional Growth Strategy in VISION
2050 by providing land use assumptions for periodic comprehensive plan
updates. King County facilitates the development of growth targets by
convening staff representatives from each city and unincorporated King
County to determine a set of draft growth targets as a component of the
draft Countywide Planning Policies.
Additionally, King County adopted and ratified the Urban Growth Capacity
Report (Report) during the CPP process, the Report is a required component
of the Growth Management Act and implements the County’s Review and
Evaluation Program, previously referred to as “Buildable Lands."
On December 14, 2021, the Metropolitan King County Council adopted
Ordinances No. 19384 and Ordinance No. 19369 which ratified GMPC
Motion 21-1 and 21-2. Now, the amendments are presented to jurisdictions
in King County for ratification. The CPPs become effective when ratified by
ordinance or resolution of at least 30 percent of the city and county
governments representing 70 percent of the population of King County
according to the established Interlocal Agreement. A city will be deemed to
have ratified the amendments to the CPPs unless the city takes legislative
action to disapprove the amendments within 90 days of adoption by King
County, which in this case is, April 6, 2022.
MOTION: I move to adopt Resolution No. 2033, ratifying an
amendment to the King County Countywide Planning Policies and
adopt the Urban Growth Capacity Report through ordinances 19369
and 19384.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 3/1/2022 7:00
PM
MOVER: Marli Larimer, Councilmember
SECONDER: Zandria Michaud, Councilmember
AYES: Troutner, Larimer, Michaud
6. Information Items
A. Bridges Community Annexation Update
4.A
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Economic and Community Development
Committee CC ECDC Regular Meeting
Minutes
February 14, 2022
Kent, Washington
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Matt Gilbert provides an update on the discussions between Kent and Auburn
on the possible annexation of The Bridges community to the City of Auburn.
The Bridges is a 155 acre community of 386 homes located on 124 th
Avenue, south of 288th Street. It is located within Kent's municipal
jurisdiction but is outside of Kent's contiguous boundary and surrounded by
Auburn - many people who live there have been surprised to learn that they
are residents of Kent. So, in early 2019 the two cities began discussing
merits of annexing the neighborhood into the City of Auburn. This discussion
expanded to also include representatives of Oakpointe, the owner of the yet
to be developed 13.21 acre southwest corner of the community which is
earmarked for future development. Discussions revealed questions and
concerns that both cities continue to work through separately and together,
with regular meetings, and which could result in actions by each of the two
Councils sometime this year.
We anticipate that the first stage of what may be a lengthy process will be
the passing of a resolution of positive intent by both cities to further consider
annexation and move towards that goal.
B. The City of Kent Memorandum of Understanding with Avenue 55
Update
Chief Economic Development Officer Bill Ellis provides an overview of the
Memorandum of Understanding (MOU) process and proposal for Naden
Assembly for a Manufacturing/FlexTech development. The MOU, fully
executed and signed in 2021 is nearing its one-year expiration. City staff,
fulfilling its understanding with the developer under the MOU, is reviewing an
initial list of tenants and conceptual vision for redevelopment by Ave 55. Ave
55 will come to the committee on March 14th, present a full proposal of
development strategy, vision, and some initial tenants to be presented for
vote at full Council on March 15th.
A proposal will not be a fully negotiated development agreement or a
purchase and sale agreement. Therefore it will not include final pricing,
guaranteed tenants, or locked-in site plan. But it will include more detailed
renderings and a summary of the market interest received to date. Final
negotiations with end user tenants from the development team will extend
beyond Council vote.
An affirmative vote on March 15th will direct staff to negotiate pricing and
draft a development agreement to close the sale and fix details. A second
Council vote and public hearings would be needed regarding a finalized
development agreement.
C. Learnings and Next Steps: Commercial Permit Assistance Pilot
Project
4.A
Packet Pg. 5 Minutes Acceptance: Minutes of Feb 14, 2022 4:00 PM (Approval of Minutes)
Economic and Community Development
Committee CC ECDC Regular Meeting
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February 14, 2022
Kent, Washington
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Economic Development Officer and Deputy Director Matt Gilbert provide an
overview of the pilot project tested in the final quarter of 2021. Four clients’
utilization will be summarized and also the outcome which was achieved.
One client unfortunately came aboard too late in the process, and is currently
being evicted from the property. This does support the argument that these
services are needed; because in the case of this client, the extensive reno
and time needed to support the proposed business model, could probably
have been identified as far too expensive much earlier with some expert
guidance from the beginning, saving the business owner money and
considerable anguish.
Another client, running an established non-profit to train aspiring food
entrepreneurs, was looking for guidance to expand their kitchen facility to
increase capacity and accommodate a promising business model that
emerged out of necessity during the pandemic. They also identified an
additional need for Barista training, in an area which recently lost its sole
dedicated coffee drink specialist. With architectural help to re-envision
existing space, accompanied by Kent specific permitting knowledge and
assistance, an affordable and flexible design was created for an upcoming
remodel.
That same client is also looking to occupy additional space, co-located with
another food service/food entrepreneurship local non-profit organization.
They too received architecture and design support to create a plan for co-
working space that will serve both their visions in a separate available
downtown location. Workable ideas on paper is a great first step for their
fund seeking efforts.
7. Adjournment 4:53 p.m.
At 4:54 Pm the meeting was adjourned by Chair Troutner.
Rhonda Bylin
Committee Secretary
4.A
Packet Pg. 6 Minutes Acceptance: Minutes of Feb 14, 2022 4:00 PM (Approval of Minutes)
ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE
Kurt Hanson, AICP, EDFP
220 Fourth Avenue South
Kent, WA 98032
253-856-5454
DATE: March 14, 2022
TO: Economic and Community Development Committee
SUBJECT: Update on Naden Assemblage, Outcome of its Memorandum
of Understanding with Avenue 55, and Next Steps
SUMMARY: Chief Economic Development Officer Bill Ellis will introduce the Avenue
55 development team and they will present a proposal for a
Manufacturing/FlexTech campus development on the Naden Assembly. The
Memorandum of Understanding (MOU) with Avenue 55, which was executed in
2021, expires March 22, 2022. City staff has fulfilled its requirements with the
developer under the MOU in reviewing an initial list of tenants and a conceptual
vision for redevelopment by Avenue 55, and will be recommending that Council
authorize staff to negotiate the sale of the Naden Assembly to Avenue 55.
Mr. Ellis and Avenue 55 will make a presentation to the Economic and Community
Development Committee on March 14. Avenue 55 will identify prospective tenants
that have shown interest to date and will provide samples of drawings of what the
development could look like.
Staff will seek Council authorization to negotiate a development agreement and
purchase and sale agreement with Avenue 55 at tomorrow’s Council meeting.
These agreements will come back to Council for review and approval in
approximately 60 days. It is important to note that the development agreement or
purchase and sale may not identify specific end users or a locked-in site plan or
design. Design elements are expected to be largely controlled by existing
development design regulations. However, the development agreement will
identify significant details regarding agreed upon outcomes. Avenue 55 will
continue negotiations with prospective tenants while the City and Avenue 55
engage in negotiations to sell the property.
EXHIBITS: Proposal from Ave 55 for Naden Assembly
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
5.A
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Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
5.A
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ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE
Kurt Hanson, AICP, EDFP
220 Fourth Avenue South
Kent, WA 98032
253-856-5454
DATE: March 14, 2022
TO: Economic and Community Development Committee
SUBJECT: Appoint Andrew Hutchison to the Lodging Tax Advisory
Committee
MOTION: Recommend to Council the re-appointment of Andrew Hutchison to the
Lodging Tax Advisory Committee for a new 3 year term effective from April 4, 2022
thru April 4, 2025.
SUMMARY: Mr. Hutchison’s most recent term expired on January 14, 2022, but he
has ably served this committee since 2007. Despite efforts to recruit new qualified
applicants to participate on the committee, the small number of Kent hotels coupled
with the strict membership qualifications required by the State, have made staffing
this advisory committee particularly challenging. Mr. Hutchison has agreed to stay
on as a committee member, pending council approval.
Therefore, we ask that he be allowed to serve a new term without the required two-
year break due to a lack of additional qualified applicants.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
6.A
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ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE
Kurt Hanson, AICP, EDFP
220 Fourth Avenue South
Kent, WA 98032
253-856-5454
DATE: March 14, 2022
TO: Economic and Community Development Committee
SUBJECT: LTAC Grant to ECD for contract with JayRay for VisitKent
Tourism Promotion Campaign
MOTION: Recommend to Council approval of a lodging tax grant to the Economic
and Community Development Department in the amount of $98,000 to be used for
contracting with JayRay to maintain the Visit Kent tourism promotion program and
web/media presence; and authorize the mayor to execute a contract with JayRay,
subject to final terms and conditions acceptable to the City Attorney.
SUMMARY: With indoor mask mandates ending, and in anticipation of a significant
recovery for the travel and tourism industry, we propose to renew our contract with
JayRay. Despite a glum outlook for travel during 2021 due to multiple impacts from
the pandemic, the VisitKent.com website saw increased traffic, and data from other
outlets supports a conclusion that interest in local experiences has increased and is
driving web searches. Therefore, for 2022 we are requesting a modest increase
over the agreement for 2021 to capture and engage more people looking for new
and unique local experiences. These funds will provide: maintenance and upkeep
of our established VisitKent.com website, fund 3 postings a week on multiple social
media outlets, and fund a new targeted marketing effort utilizing Geolocation
technology and data to identify audiences receptive to our posted content and
offerings.
A contract draft including a detailed scope of services provided under the proposed
agreement is attached to this agenda.
BUDGET IMPACT: $98,000 from Lodging Tax Funds
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. 2022 JayRay ConsultantServicesAgreement & Scope of Work (PDF)
6.B
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
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 Dock Street, Suite 205, Tacoma Washington 98402 (253) 627-9128 (hereinafter the
"Consultant").
I. DESCRIPTION OF WORK.
The Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
Website Content and Maintenance Updates, Social Media Outreach, Marketing Services,
Project Management related to implementation of new marketing tool, and Media Relations
Services, as described in the attached Exhibit A.
The 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. The Consultant shall complete the
work described in Section I by January 31, 2023.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$98,000, 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.
C. Card Payment Program. The Consultant may elect to participate in automated credit card
payments provided for by the City and its financial institution. This Program is provided as an
alternative to payment by check and is available for the convenience of the Consultant. If the
Consultant voluntarily participates in this Program, the Consultant will be solely responsible
6.B.a
Packet Pg. 11 Attachment: 2022 JayRay ConsultantServicesAgreement & Scope of Work (3077 : LTAC Grant to ECD for contract with JayRay for VisitKent
CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
for any fees imposed by financial institutions or credit card companies. The Consultant shall
not charge those fees back to the City.
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 the
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 the 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 the
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 the Consultant’s records or data is not related to this project, it shall be without liability or legal
exposure to the Consultant.
VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing
state or national declarations of emergency, or any current social distancing restrictions or personal
protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event.
6.B.a
Packet Pg. 12 Attachment: 2022 JayRay ConsultantServicesAgreement & Scope of Work (3077 : LTAC Grant to ECD for contract with JayRay for VisitKent
CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Consultant to restart any work or
performance that may have ceased, to change the work, or to take other action to secure the work or the
project site during the force majeure event. The cost to restart, change, or secure the work or project site
arising from a direction by the City under this clause will be dealt with as a change order, except to the
extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Consultant.
VII. 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. The 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.
VIII. INDEMNIFICATION. The 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 the 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 the Consultant’s liability accruing from that obligation 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 the 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
the 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.
IX. 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.
X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable
accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under
this Agreement.
XI. 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
6.B.a
Packet Pg. 13 Attachment: 2022 JayRay ConsultantServicesAgreement & Scope of Work (3077 : LTAC Grant to ECD for contract with JayRay for VisitKent
CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by
the Consultant. The 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 the Consultant for this project by
anyone other than the Consultant on any other project shall be without liability or legal exposure to the
Consultant.
XII. CITY'S RIGHT OF INSPECTION. Even though the 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.
XIII. WORK PERFORMED AT CONSULTANT'S RISK. The 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 the Consultant's own risk, and the 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.
XIV. 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 VIII 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 the
Consultant.
6.B.a
Packet Pg. 14 Attachment: 2022 JayRay ConsultantServicesAgreement & Scope of Work (3077 : LTAC Grant to ECD for contract with JayRay for VisitKent
CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
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 the 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.
6.B.a
Packet Pg. 15 Attachment: 2022 JayRay ConsultantServicesAgreement & Scope of Work (3077 : LTAC Grant to ECD for contract with JayRay for VisitKent
CONSULTANT SERVICES AGREEMENT - 6
(Over $20,000)
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:
By:
Print Name:
Its
DATE:
CITY OF KENT:
By:
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Bridget Baeth
Jay Ray Ads & PR, Inc.
535 Dock Street, Suite 205
Tacoma, WA 98402
(253) 627-9128 (telephone)
(253) 627-6548 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Michelle Wilmot
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5709 (telephone)
(253) 856-6454 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
[In this field, you may enter the electronic filepath where the contract has been saved]
6.B.a
Packet Pg. 16 Attachment: 2022 JayRay ConsultantServicesAgreement & Scope of Work (3077 : LTAC Grant to ECD for contract with JayRay for VisitKent
EEO COMPLIANCE DOCUMENTS - 1
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: ________________________________________
6.B.a
Packet Pg. 17 Attachment: 2022 JayRay ConsultantServicesAgreement & Scope of Work (3077 : LTAC Grant to ECD for contract with JayRay for VisitKent
EEO COMPLIANCE DOCUMENTS - 2
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.
6.B.a
Packet Pg. 18 Attachment: 2022 JayRay ConsultantServicesAgreement & Scope of Work (3077 : LTAC Grant to ECD for contract with JayRay for VisitKent
EEO COMPLIANCE DOCUMENTS - 3
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: ________________________________________
6.B.a
Packet Pg. 19 Attachment: 2022 JayRay ConsultantServicesAgreement & Scope of Work (3077 : LTAC Grant to ECD for contract with JayRay for VisitKent
Visit Kent
2022 TOURISM PROGRAM PROPOSAL
February 2, 2022
WEBSITE SERVICES (Hosting, Maintenance & Content)Budget Q1 Q2 Q3 Q4
Perform website maintenance and content updates to include events calendar, hotel/business listings, homepage
banners, packages & deals and one blog per quarter (4)x x x x
Annual hosting, domain, software and plug-in subscriptions *These are third-party costs not controlled by JayRay.
Budget reflects current pricing x x x x
Annual technical support plan includes resolution of bugs/errors, uptime monitoring, fast website restore (when
down), necessary theme and plug-in updates x x x x
SUBTOTAL 13,088$
SOCIAL MEDIA SERVICES Budget Q1 Q2 Q3 Q4
Write social media content and post 3 times per week on Instagram and Facebook; leverage hotels packages and
deals content x x x x
Community management and engagement on Instagram and Facebook (schedule/post content, grow followers,
respond to posts and proactively engage, upload events, curate photos from followers)x x x x
Social media giveaway shoulder-season campaigns (2) to promote events and grow page followers x x
Ad allowance for boosted posts/page ads on social media to drive visits to hotels and basecamp webpages on
VisitKent.com $1,200 x x x x
SUBTOTAL 18,675$
MARKETING SERVICES Budget Q1 Q2 Q3 Q4
Geolocation data subscription (12 months) with Datafy to track visitors from 50+ miles away. Includes 5 clusters,
dozens of geofenced points of interests (hotels, sports, outdoor recreation, shopping, downtown), measurement
dashboard and monthly consumer spending report. $ 15,192
x x x x
Creative allowance for campaign concepting (2 campaigns) to promote overnight stays in Kent (creative brief, two
concepts per campaign, graphic assets, landing page). x x
Create animated gifs/social media reels (an affordable approach for video-like content) to reach and engage target
markets through social media (determine 4 quarterly themes in advance)x x x x
Ad allowance for geolocation marketing campaigns (using geolocation data) to target past/look-alike audiences 24,000$ x x
Geolocation data analysis, coordination and reporting (ongoing)x x x x
SUBTOTAL 52,847$
PROJECT MANAGEMENT Budget Q1 Q2 Q3 Q4
Develop project work plans, track goals and provide quarterly reports (4) of services provided and annual report x x x x
Quarterly project status calls (4) with client x x x x
SUBTOTAL 5,390$
TOTAL 2022 BUDGET:90,000$
MEDIA RELATIONS SERVICES Budget Q1 Q2 Q3 Q4
Craft media pitches (2) for shoulder season and send story ideas to targeted media. Includes development of
media list and media-follow-up. Leverage past story pitches and recent attendance/media contacts made at Travel
& Words Media Show to send stories to those who are now familiar with Kent as a travel destination.
x x
Cision media database subscription (media lists, coverage monitoring) $ 1,000 x x x x
Media hosting allowance (to cover PR/travel writers overnight stays in hotels) $ 1,200 x x
SUBTOTAL 8,000$
TOTAL 2022 BUDGET WITH MEDIA RELATIONS:98,000$
Exhibit A 6.B.a
Packet Pg. 20 Attachment: 2022 JayRay ConsultantServicesAgreement & Scope of Work (3077 : LTAC Grant to ECD for contract with JayRay for VisitKent Tourism