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HomeMy WebLinkAboutCity Council Committees - Economic and Community Development Committee - 01/09/2023 (2)Economic and Community • Development Committee KEN T Monday, January 9, 2023 WASHINGTON 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. Business Chair A. Approval of Minutes Approval of November 14, YES Chair 01 MIN. 2022 Minutes 5. Action Items Chair 01 MIN. A. LTAC Grant to ECD to YES Michelle Wilmot 15 MIN. Support the Visit Kent Tourism Promotion Campaign B. Appointments to the YES Michelle Wilmot 10 MIN. Lodging Tax Advisory Committee 6. Adjournment Chair The public may submit written public comments that relate to a committee agenda item by emailing: cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. After 3:30 p.m., written public comments may only be submitted in person by presenting them to the committee secretary at the public meeting. Written public comments that do not relate to a committee agenda item are not permitted. Written public comments are not read into the record. Economic and Community Development Committee January 9, 2023 CC ECDC Reqular Meetinq Unless otherwise noted, the Economic and Community Development Committee meets at 4 p.m. on the second Monday of each month in Kent City Hall, Council Chambers, 220 Fourth Avenue South, Kent, WA. 98032. For additional information, contact Rhonda Bylin at 253-856-5457 or email 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. KENT W ..... Date: November 14, 2022 Time: 4:01 p.m. Place: Chambers Members: Toni Troutner, Committee Chair Marli Larimer, Councilmember Zandria Michaud, Councilmember Agenda: 1. Call to Order 4:01 p.m. 2. Roll Call Pending Approval Economic and Community Development Committee CC ECDC Regular Meeting Minutes November 14, 2022 Attendee Name Title Status Arrived Toni Troutner Committee Chair Present Marli Larimer Councilmember Present _ Zandria Michaud Councilmember Present 3. Agenda Approval 4. Business A. Approval of Minutes Approval of Minutes dated September 12, 2022 MOTION: Move to approve the Minutes dated September 12, 2022 RESULT: APPROVED [UNANIMOUS] MOVER: Zandria Michaud, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Troutner, Larimer, Michaud B. INFO ONLY: Annual Housekeeping Amendment Information only preview of annual housekeeping code amendments presented by Kaelene Nobis. A housekeeping code amendment is undertaken annually or biannually to fix minor code issues related to clarity, consistency or application. These updates are administrative in nature and may be needed to comply with new state laws, to clarify intent or resolve discovered code issues. The Land Use and Planning Board (LUPB) will also preview these amendments at their meeting later this evening. After that, they will have a public hearing at LUPB on November 28th, to the Operations Committee for action on December 6, 2022, and go before the Page I of 4 Packet Pg. 3 Economic and Community Development November 14, 2022 Committee CC ECDC Regular Meeting Kent, Washington Minutes full council for a vote on adoption December 13. The table below provides a summary of the proposed changes and the reason they are needed. CODE SECTION CHANGE DESCRIPTION REASON NEEDED 15.02.135 Family Definition Update Legal 13.02.260 Mixed Use Definition Update Clarity 15.02.307 Opiate Substitution Treatment Facility Definition Update Legal 15.04.170 and Update Multifamily Minimum Lot Calculation Clarity 15.04.180 footnotes 15.04.050 (12, 14, Removal of footnotes Clarity 15,21) 15.04.200 Insert row in the table to incorporate development standards Clarity removed from the change in 15.02.260 15.04.040 Add "for senior properties" to footnote 4 Clarity Minimum lot size tries to establish a one size fits all minimum lot dimension needed for both apartments and townhomes. We have a different code section for fee simple townhomes that was never accurately linked in this chapter, and then the density is what establishes the minimum lot size. For example, if someone wants to build 10 units in a zone that allows 20 units per acre we currently have a complicated formula where its 8,500 SF for the first two lots and then 2,500 for each lot after that. However, we already have a density calculation. Example 20 D/U acre 43560/20m= 2178 per lot so to get 10 you need 21780. For the physical minimum lot size needed for fee simple townhomes, we already have another section for that in code that was adopted later, and we will be bridging the gap and making that connection here in code. The exhibit to this agenda item provides greater details, and is still in a draft form so you can see the precise edits. There may be a few additional items that are added prior to the upcoming Public hearing and action votes. Email KNobis@Kentwa.gov <mailto: KNobis@Kentwa.gov> if you have any questions. C. INFO ONLY: 2024 Comprehensive Plan Update — Engagement Efforts Long Range Planning Manager Kristen Holdsworth provides on update the 2024 comprehensive plan and strategies for community engagement. Just to provide a reminder, the over arching goals for Kent's comp plan update are to achieve 10,200 new housing units; and 32,000 new jobs on the employment side, an effort already bolstered by code and design standards changes which came out of Rally the Valley. As for housing, there are new complexities built in for how we shape that growth too, based on changes to at the state and county levels. Growth numbers must hit at predetermined income levels in order to fill the perceived gaps in housing Page 2 of 4 Packet Pg. 4 Economic and Community Development November 14, 2022 Committee CC ECDC Regular Meeting Kent, Washington Minutes supply, deemed the "missing middle" which will expand ownership options for a broader segment of incomes. Any changes made also need to fit in with what Kent's residents and employers need and desire. Its our job not to come up with the plan, but to ensure that community needs and hopes work in harmony with state and county regulations, and that is why community engagement is such a vital part of the process. Principles for planning future engagement efforts and events will include using an equity lens focusing on inclusion, respect and transparency, and meeting the community where they are and in ways they enjoy. We also plan to actively seek input from this committee and all the councilmembers. Please send us any recommendations for individuals, groups, organizations or community events we should partner with to help reach the community. Recently LRP staff participated in the Kent 101, where in addition to providing insight into ECD responsibilities and initiatives, I had an opportunity to find out what these engaged residents most enjoy about Kent as it is, and what they would like Kent to be known for in a regional context. These residents cited diversity, location in the central Puget Sound, accessible amenities, and affordability. They would like Kent to recognized as a safe and prosperous, with many walkable neighborhoods with great options for outdoor recreation. We also asked them how they wanted receive information and provide feedback. Their preferences leant toward the short form types of contact. Emails, dedicated websites, some mail/postcards and attendance at community events. They did not prefer radio or newspaper ads, phone calls or traditional public meetings. The first public engagement opportunity came up rather quickly when staff decided to join with ECD's planned display and candy handout at Kent Station's Haunted Boo-levard community celebration for Halloween. Piggybacking on the chosen them of space exploration, staff worked with multimedia to design a postcard promoting our hopes to plan an out of this world future for Kent. We brought 350 postcards and handed them out to (mostly) the parents of trick or treaters, and in the weeks since have received 150 new signups to comp plan email distribution list. Going forward, the community engagement time -line looks like this: § Ongoing: Monitor conversations regarding housing needs allocation at King County Growth Management Planning Council (GMPC) § November: Email request to Council for input and suggestions for engagement Page 3 of 4 Packet Pg. 5 Economic and Community Development November 14, 2022 Committee CC ECDC Regular Meeting Kent, Washington Minutes § December: Internal Staff Coordination § Early 2023: 2024 Comprehensive Plan Community Kick Off! § Early 2023: Council work session S. Adjournment 4:43 p.m. R hovAall BYL;yv Committee Secretary c 0 M 0 L Q Q P Page 4 of 4 Packet Pg. 6 5.A ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT Kurt Hanson, AICP, EDFP 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5454 DATE: January 9, 2023 TO: Economic and Community Development Committee SUBJECT: LTAC Grant to ECD to Support the Visit Kent Tourism Promotion Campaign MOTION: Recommend to Council approval of a lodging tax grant to the Economic and Community Development Department in the amount of $133,500 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: Michelle Wilmot will present highlights from the 2022 Visit Kent Campaign, outline the plans and recommended budget for 2023. Tourism marketing services Website update (re: accessibility, events calendar, etc.) This budget will allow Jay Ray to continue existing services at the same level. There is an increase to the tourism marketing budget overall, as Jay Ray has written -off a chunk of its staff time each year since they have been working with a reduced budget. Actions JayRay recommends which are not reflected in the current proposal or budget: Increasing the advertising media buy (currently $24,000 a year) Increasing media relations efforts (currently pitching two stories per year) but recommend a return to monthly pitches now that pandemic era restrictions have eased, and folks have returned to being out and about in public. Pitches would include excursions highlighting Kent's unique destinations, food scene and recreational opportunities. BUDGET IMPACT: $133,500.00 of Lodging Tax Revenue returned from the Sate to support tourism promotion efforts. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Packet Pg. 7 5.A Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. JayRay Ads & PR ConsultantServicesAgreement 2023 Draft (PDF) Packet Pg. 8 5.A.a • KENT t4n..iiini..... 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 design update, Social Media Outreach, Marketing Services, Project Management related to subconsultant development of additional geolocation targeted marketing campaigns. 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 December 31, 2023. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $133,500.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit 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 a 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 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) Packet Pg. 9 5.A.a 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 MA)EURE. 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. CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) Packet Pg. 10 5.A.a 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 Non -Discrimination Policy Declaration and comply with City Administrative Policy 1.2. 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 CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) Packet Pg. 11 5.A.a 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 E cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The ,n City's use or reuse of any of the documents, data, and files created by the Consultant for this project by 5 anyone other than the Consultant on any other project shall be without liability or legal exposure to the �0 Consultant. r 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. CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) Packet Pg. 12 5.A.a 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. CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) Packet Pg. 13 5.A.a 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: NOTICES TO BE SENT TO: CONSULTANT: Bridget Baeth JayRay Ads & PR, Inc. 535 Dock Street, Suite 205 Tacoma, WA 98042 (253) 627-9128 (telephone) (253) 627-6548 (facsimile) [In this field, you may enter the electronic filepath where the contract has been saved] CITY OF KENT: By: Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CITY OF KENT: Michelle Wilmot City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 852-5709 (telephone) (253) 856-6454 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent Citv Clerk CONSULTANT SERVICES AGREEMENT - 6 (Over $20,000) Packet Pg. 14 5.A.a DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally -Assisted Programs Of The Department Of Transportation -Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, 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 statements 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 I, 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. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 15 5.A.a A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally - assisted programs of the U.S. Department of Transportation, State -assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 16 5.A.a or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); iii. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 17 5.A.a xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons E have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); o xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et Y seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) '> 8. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 4 Packet Pg. 18 5.A.a CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE SUBJECT: INCLUSIVE CONTRACTING POLICY: October 20, 2022 SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor Equal employment opportunity and non-discrimination in contracting 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. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non -Discrimination Policy Declaration, prior to commencing performance. 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 coordinate with the City's Title VI coordinator, and perform 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 - 5 Packet Pg. 19 5.A.a vVat KentO W A S H I N G T 0 N Visit Kent 2023 TOURISM PROGRAM PROPOSAL November 5, 2022 Perform website maintenance and content updates to include events calendar, hotel/business listings, homepage banners, packages and deals. Write one blog per quarter (4). Includes up to one round of revision. Annual hosting, domain, software and plug-in subscriptions *These are third -party costs not controlled by Jaylkay. Budget reflects current pricing Annual technical support plan includes resolution of bugs/errors, uptime monitoring, fast website restore (when down), necessary theme and plug-in updates. SUBTOTAL Write social media content and post 3 times per week on Instagram and Facebook; leverage hotels packages and deals content. 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). Social media giveaway (shoulder -season campaign) to promote events and grow page followers. Ad allowance ($200/month) for boosted posts/page ads on social media to drive visits to hotels and basecamp webpages on VisitKent.com. SUBTOTAL JAYRAY A PLACE TO THINK Branding I Advertising I strategic Communications 535 DOCK STREET SUITE 205 TACOMA, WA 98402 253.627_9128 fez 2S3.627.6548 15,038 7xx x x x x x x x $2,400 1,450 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) and monthly measurement dashboard from Datafy. $ 15,192 Continue Visit Kent geolocation campaign (using creative from 2022) to promote overnight stays in Kent (update landing page and photography seasonally). Ad allowance for geolocation marketing campaigns (using geolocation data) to target past/look-alike audiences. $ 24,000 Geolocation data analysis, coordination and reporting (ongoing) SUBTOTAL $ 50.552 Develop project work plans, track goals and provide quarterly reports (4) of services provided and annual report Quarterly project status calls (4) with client SUBTOTAL $ 12,320 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. Cision media database subscription (media lists, coverage monitoring) $ 1,000 Media hosting allowance (to cover PR/travel writers overnight stays in hotels) $ 1,200 SUBTOTAL $ 8,640 TOTAL BUDGET: 1 $ 111,000 x x x x 777 Packet Pg. 20 5.A.a vlt Kent�..-).. W A S H I N G T O N Visit Kent 2023 WEBSITE UPDATE November 5, 2022 100:11 IAVAIMAV1 JAYRAY A PLACE TO THINK Branding I Advertising I Strategic Communications Conduct website audit and test site for user experience and accessibility to meet Web Content Accessibility Guidelines. Update site based on findings, including refreshed design and a mobile -first strategy. Develop project workplan and milestones (send via email). Includes project management during phase 1. Conduct website audit across mobile and desktop. Includes summary of findings and recommendations. Check for and fix all broken links across site. Run color/text contrast test across site. Review images for alt text and add where missing OayRay to write and add alt text for the top 20 visited pages, excluding blog) 535 DOCK STREET SUITE 205 TACOMA, WA 98402 253.627.9128 fax 253.627.6548 SUBTOTAL) $ 6,915 Refresh homepage layout and navigation to streamline primary user pathways. Includes two homepage design mockups and one round of revision to refine chosen design. Refresh events calendar design and functionality. Includes two events calendar design mockups and one round of revision to chosen design. Refine and modernize design aesthetics by updating global styles (fonts, type size, colors) to meet accessibility guidelines. Review homepage design mockups and global style recommendations (virtual meeting). Includes project management support during design phase. Standardize design elements (icons, buttons, tiles and carousels) across site to improve user experience. Includes suite of updated elements and one round of revision. Update banner/header design across site to meet contrast and accessibility guidelines. Redesign up to two page templates (i.e. Things to Do - side bar; Campaign page). Includes up to one round of revision. Adapt designs (homepage and two page templates) for mobile. Includes one round of revision. Review design elements, banner updates, two page templates and mobile design mockups (virtual meeting). SUBTOTAL Update global styles (fonts, type size, colors) across site. Update site with refreshed homepage design and navigation. Update site with standardized design elements (see above). Update banner style across site (OPVB to supply photos). Update two page template designs. OPVB to supply content (photos and copy). Add new events calendar plug-in following approved design. Test all updates on mobile and desktop. Publish updates to site. Send out press release announcing refreshed site to local media outlets. Includes project management support during development phase. 9.685 SUBTOTAL $ 5,900 TOTAL BUDGET: $ 22,500 C 0 0 E 0 a E rn •L 0 O H .r c m Y r 2 d s r 0 a - a M co 0 13 U W O rr .r C c� L O U Q H J N M Packet Pg. 21 5.B ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE Kurt Hanson, AICP, EDFP 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5454 DATE: January 9, 2023 TO: Economic and Community Development Committee SUBJECT: Appointments to the Lodging Tax Advisory Committee MOTION: Recommend to Council the reappointments of David Kwok and Tim Higgins and the new appointment of Burl Battersby to the Lodging Tax Advisory Committee for 3 year terms effective from January 17, 2023 thru January 16, 2026. SUMMARY: David Kwok and Tim Higgins' most recent terms expired on September 30, 2022. Both have ably served this committee since July of 2010, and September of 2013 respectively. 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. Both Mr. Kwok and Mr. Higgins have agreed to stay on as committee members, pending council approval. We also recommend that you appoint a new committee member, Burl Battersby, Director, Kent Campus of Green River College, who brings a valuable perspective from his previous long career as an executive in the hospitality industry. Mr. Battersby will fill the expired and vacant seat previously occupied by John Casey. All three appointments would begin from Council approval January 17, 2023 and end January 16, 2026. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Packet Pg. 22