HomeMy WebLinkAboutEC14-339 - Amendment - #1 - Theresa R. Dusek - City of Kent Critical Areas Review - 11/24/2015 Records Ma
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerics Office. All portions are to be completed.
If you have questions, please contact City Cleric's Office.
Vendor Name: A
Vendor Number:
JD Edwards Number
Contract Number: ECJL{ — ')6q -- a(JL1
This is assigned by City Clerk's Office
Project Name. i s Vi t m VUw G l WASI)h
Description: ❑ Interlocal Agreement ❑ Change Order p4Amendment ❑ Contract
❑ Other: AVVW V� Cf),IVAa,Wf N(j. I
Contract Effective Date: Termination ®ate: 1()I�t ! 1f4
Contract Renewal Notice (Days): �
Number of days required notice for termination or renewal or amendment
Contract Manager: Department:
Contract Amount: (
Approval Authority: ❑ Department Director Mayor ❑City Council
Detail: (i.e. address, location, parcel number, tape id, etc.):
III
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adccW10877 8 14
KENT
AMENDMENT N . 1
NAME OF CONSULTANT OR VENDOR: Theresa R. Dusek
CONTRACT NAME & PROJECT NUMBER: Environmental Consulting
ORIGINAL AGREEMENT DATE: 2 15
This Amendment is made between the City and the above-referenced Consultant or
Vendor and amends the original Agreement and all prior Amendments. All other provisions of
the original Agreement or prior Amendments not inconsistent with this Amendment shall remain
in full force and effect. For valuable consideration and by mutual consent of the parties,
Consultant or Vendor's work is modified as follows:
1. Section I of the Agreement, entitled "Description of Work," is hereby modified to
add additional work or revise existing work as follows:
In addition to work required under the original Agreement and any prior Amendments, the
Consultant or Vendor shall: Complete the work described in the Amended Scope of Work
attached
2. The contract amount and time for performance provisions of Section II "Time of
Completion," and Section III, "Compensation," are modified as follows:
Original Contract Sum, $40,000.00
including applicable WSST
- _ ----_ --- -----
Net Change -by Previous Amendments-- $0.00
including applicable WSST
- - - - - -- -----
Current Contractt Amount- -- $40,000.00
including all previous amendments
Current Amendment Sum $40,000.00
Applicable WSST Tax on this $0.00
Amendment
Rev_-ise-d Contra itnactSum _.. --------- ---- - ---
$80,000.00
AMENDMENT - 1 OF 2
Original Time for Completion 10/31/2015
(Insert date)
Revised Tune for Completion under 10/31/2015
prior Amendments
(insert date)
Add'I Days Required O for this 365 calendar days
Amendment
Revised Time for Completion 10/3Y/2016
(Insert date)
The Consultant or Vendor accepts all requirements of this Amendment by signing below,
by its signature waives any protest or claim it may have regarding this Amendment, and
acknowledges and accepts that this Amendment constitutes full payment and final settlement of
all claims of any kind or nature arising from or connected with any work either covered or
affected by this Amendment, including, without limitation, claims related to contract time,
contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless
otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the
guarantee and warranty provisions of the original Agreement.
All acts consistent with the authority of the Agreement, previous Amendments (if any),
and this Amendment, prior to the effective date of this Amendment, are hereby ratified and
affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment
shall be deemed to have applied.
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDOR: CITY OF KENT:�
(.signature), N !�. (signature)
Print Name I ��t_oz�� _ti�_ �)�+;r=k Print'Nare: 6` zetteCooke ___-_ _
Its_
(title) (rule),....-
DATE: —� i t DATE:
---- --
APPROVED AS TO FORM:
(appflcab e if Mayor's'si/qnature r quN'ed)
Kent Law Department
AMENDMENT - 2 OF 2
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THERESA R. DUSEK
Assessment, Management and Regulatory Permitting 128 Rainbow Lane
Packwood,WA, 98361
(253) 861-3355
November 5, 2015
Attn: Brem on Taylor
City of Kent
Economic and Community Development
220 4u'Avenue South
Kent, Washington 98023-5838
RE: Critical Areas Review Consulting for City of Kent
Dear Brennon,
In response to your request, Theresa R. Dusek, is pleased to submit this scope of services and cost estimate
for services supporting the City of Kent Critical Areas Review. This scope of services and cost estimate is
based on information provided by you.
The following scope of work would be completed as requested by the City of Kent.
1. Review and confirmation of Wetland Delineations. Typically, 8 hours for a five acre or less site at
$100 per hour for an estimated cost of$800.
2. Review of Conceptual and Final Mitigation Plans. Typically, 10 to 12 hours at$100 per hour for an
estimated cost of$1,000 to$1,200 each.
3. Inspection of initial plantings. Typically, 8 hours for a five acre or less site at $100 per hour for an
estimated cost of$800.
4. Inspection, comments and approval of monitoring reports. Typically, 10 to 12 hours at$100.00 per
hour for an estimated cost of$1,000 to $1,200.
5. Other consulting services related to the Critical Areas assistance, review and inspection of
development permits.
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6. Other consulting services related to environmental code enforcement of violations to KCC 11.06.
Depends on the code enforcement issue but initial review, site visit and memorandum related to the
potential enforcement action would typically require 8 to 10 hours at$100.00 per hour for an
estimated cost of$800 to $1,000. If court time is required the fee would beat $150 per hour.
The above scope of work would be completed by Theresa Dusek at the fee of$100 per hour on a time and
expense basis(except for court time, as noted in Item 6 above). We understand that the City of Kent
contract is on a time and expense,not to exceed $40,000 for 2016. We anticipate that once the City requests a
task in writing via letter or email (with supporting documents), work would be started within two working
days and would be completed within five to ten working days, depending on the nature of the work.
I�
1 HP-2012-10
If you have any questions or would like to discuss this proposal in further detail, please feel free to contact
me. This proposal will be valid if executed within 90 days of the date of this letter. We appreciate the
opportunity to provide our services to you and look forward to working with you on this project.
If you have further questions my cell number is 1-253-861-3355.
Sincerely,
THERESA R. DUSEK
Theresa R. Dusek
i
Natural Resource Ecologist
Enclosures: Agreement for Professional Services PY-12 (7/12)
I accept the above conditions and authorize the work to proceed.
By F,7P 'd/,) `l l 9 Signature
(print)
14 Date ( j( �
Organization
2 HP-2012-10
THERESA R. DUSEK j
PROFESSIONAL SERVICES AGREEMENT
1. PROFESSIONAL SERVICES
Fees for services are based on the time expended on the project,including travel. The fee will be computed by multiplying the number of hours
worked by my hourly rate of SI00. When subconsultaus and\m subcontractors are used,the total cost of their services will be marked up 10
percent.
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2. REIMBURSABLE EXPENSES
Expenses other than salary costs that are directly attributable to my professional services will be unvoiced at cost plus 10 percent. Examples
include but are not limited to expenses for out-of-town travel and living,information processing equipment,instrumentation and field equipment
rental,special fees and permits,premiums for additional insurance where required,local mileage and parking,use of rental vehicles,taxi,
reproduction,local and out-of-town delivery services,express mail, uudjob related shipping charges and supplies,
3. PAYMENT TO CONSULTANT
Invoices will be submitted periodically for prior services. Payment will be due upon receipt of invoice. An account will become delinquent 30
days after date of billing. It is agreed that a late charge will be added to delinquent accounts at the rate of three percent(3%)for each 30 days
from the date of billing(provided the rate of such late charge shall not exceed the maximum allowable by the laws of Washington State,and in
that case,then the highest legal rate). If you fail to make payment within 30 days of receipt,I may,after giving seven days written notice to you,
suspend services.
4. STANDARD OF CAREIABSENCE OF WARRANTIES
Theresa R.Dusek agrees that it will perform its services in a mamner consistent with the level of care and skill ordinarily exercised by members
of the profession currently practicing tinder similar conditions,and in accordance with sound and generally accepted principles consistent with
normal consulting practices. Theresa R,Dusek provides professional services,however,and nothing in this contract shall be construed to
constitute an express or implied warranty,including(but not limited to)any warramty or merchantability or fitness for a particular use.
5. OTHER PROVISIONS
It is agreed that this contract is entered into by partied for the sole benefit of the parties to the contract,and that nothing in the contract shall be
construed to create a right or benefit for any third party.
It is agreed that no action may be commenced by you against the Theresa R.Dusek on any claim mixing out of Theresa R.Dusek's services
tinder this contract,whether based on negligence or breach of contract,more than one year after the date that Theresa R.Dusek has performed
services under this contract. Neither party shalt hold the other responsible for damages or delay in performance caused by weather and other
acts of nature,strikes,lockouts,accidents,or other events beyond the control of the other or the others agents.
This agreement shall be construed pursuant to the laws of the state of Washington. If any provision of this agreement is found to be
unenforceable,illegal,or contrary to public policy,the remaining portions of this agreement shall remain in effect and shall be enforceable. One
or more wavers by either party of any provision,term,condition,or covenant shall not be construed by the other party and a waiver of a
subsequent breach of the same by the other party.
If there is a dispute between Theresa R.Dusek and you concerning the performance of any provision in this agreement,the losing party shall pay
the prevailing party all reasonable costs incurred in connection with the dispute,including staff time,court costs,attorneys'fees,and other
dispute-related expenses. If any other dispute occurs and Theresa R.Dusek provides expert or fact witness testimony arising out of the
performance of any provision in this agreement,whether at your request or that of any other party,you will be responsible and pay for all of our
reasonable related costs,including staff preparation and testimony time,at the rates stated on page 1. !i
Opinions of probable construction cost prepared by us are made on the basis of our experience and qualifications and represent our best
judgment as an experienced and qualified professional generally familiar with the industry. IIowever,since we have no control over the cost of
labor,materials,equipment,or services furnished by others,or over a contractor's methods of determining prices,or over competitive bidding or
market conditions,we cannot and do not guarantee that proposals,bids,or actual construction cost will not vary for opinions of probable
construction costs prepared by me. If you wish greater assurance as to probable construction cost,you may employ an independent cost
estimator.
6. TERMINATION
This agreement may be terminated by either party by seven days'written notice, If this agreement is terminated,it is agreed that I shall be paid
for the total charges for labor performed through the termination notice date,plus reimbursable charges,plus reasonable termination expenses to
account for our cast of rescheduling,adjustments,and related costs inured due to termination.
7. TOTAL AGREEMENT
Our agreement with you,consisting of this Professional Services Agreement,together with our proposal and any exhibits thereto,constitute the
entire agreement between Theresa R.Dusek and you and supersedes all prior written or oral understandings. This agreement may he amended,
supplemented,modified,or canceled only by a duly executed written instrument.
FY 12(7/12)
3 IIP-2012-10
EXHIBIT
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01. The City shall be named as
an Additional Insured under the Consultant's Commercial
General Liability insurance policy with respect to the work
performed for the City using ISO additional insured
endorsement CG 20 10 11 85 or a substitute endorsement
providing equivalent coverage.
2. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident,
2. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
general aggregate.
EXHIBIT B (Continued)
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C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
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Aco®® CERTIFICATE OF LIABILITY INSURANCE °A'E'�"°°"Y'"'
10►0112015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES '..
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER
IMPORTANT: tithe cortilicete holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. H SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not @enter rights to the
Certificate holder in lieu of such endomeme s.
PRODUCER1AV'Or Shelly Rehen
American Underwriters BL�263 473-1415 P ` 866 80444B0 ig:&--Ely@arm&.an-underwrlters.com
South Tacoma Way shell emerRan-undervJriters.com
Tacoma,WA98409 INSURE AFFORDINOCOVERAOE XAlco
INSURERA• Rockhall Insurance company
INSURED INSURERa:
Theresa Dusek a,:::•
128 Rainbow LaneI.E. D:
Packwood,WA 98361 INSURERS:
INSURER F'
COVERAGES CERTIFICATE NUMBER: 00000000-MG3 REVISION NUMBER: 10
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE man POuOYNUMBER 6PFIMMMDNYM
POUCYEV LAiITB
A COMMERMLOMISRALLIAWLETY Y ENVP00675603 1DI0N201B 10101/2016 EACH OCCURRENCE s 1000000
CLAIMS-MADE ®occuR s 50 000
MEDEXP(AnywepywM S 6,000
PERSONAL a ADV INJURY S 1000000
GEN'L AGGREGATE UNIT APPLIES FER: GENERAL AGGREGATE $ 200000
X POLICY❑jECT ❑Lac PRODUCTS-COMP/OPAGG S _. .2.000,000
OTHER S
B AUTOMOBIEWIBILT• COMBINEOSINGLE LIMIT S No Cvg
ANY AUTO BODILY INJURYJPerpemon) S No Cvg
OYMEDAUTOSSCN�ULEO BODILY INJURY IParamdm0 S No CV
HIRED AUTOS AUN-OMEOOAMAGE
U OS O S No CY
S
B X UMBRELLAL`Aa OCCUR EACHOCCURRENCE S No CV
EXCESSUAD CUUMSAME AGGREGATE S NO CV
oN S
B WWORNSRSCOWOMAYM X
AND EMPLOVERIV LIABSJTY
IN UTE
ANY PROPRIETORIPARTNERIEXECUIIVE Y❑ X1A E.L.EACHACGDENT S No CV
OFFICERIMEMBER EXCLUDEDI
(MTTtaaaO�d"In MR) EL DISEASE-EA EMPLOYE S No CV
DE5CFiI OFVO TIONS IMIee E.L.DISEASE-POLICY LIMIT $ No CV
A Prof liability ENVP00575603 10101/2016 1010112016 Aggregate 1,000,000
A Pollution Llabllity ENVP00576603 10101/2010 101012016 Aggregate 1,000,000
DESCRIPTION OFOPBNTIONS/LOCATIOND IVEHICLEB(A@eRO 101.Addldwwl Ramadw SehaftIN may be amnhod a mm epam Is mqulmd)
City of Kent Economic&Community Development Is an additional insured per form CG 2010 07 04,attached.
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CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Kent THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Economic&Community Development ACCORDANCE WITH THE POLICY PROVISIONS.
220 4th Avenue South
Kent,WA 98032 AUTHortIZEDREPRISENTAms
SRR
01OW2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
Printed by SRR on October 01,2015 at 02:47PM
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POLICY NUMBER:ENVP005756-02 COMMERCIAL GENERAL LIABILr'Y
CO 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Or Additional Insured Person(s)
Or O anizatlon(s): Location And Description Of Completed Operations
Any person or organization for wham you are performing In respect to any location where the named insured is
operations when you and such person or organization have performing"your work".
agreed in writing in a connect or agreement,affected prior
to the date your operations for that person or organization
commenced,that such person or organization be added as
an additional insured on your policy.
Information rectubed to complete this Schedule,9 not shown above,will be shown in the Declarations.
Section II•Who Is An Insured is amended to
Include as an additional Insured tho person(s)or
organization(s)shown in the Schedule.but only with
respect to nability for loodily Injury'or'property dam-
age'caused,In whole or In part,by"your work"at
the location designated and described in the sched.
ule of this endorsement performed for that additional
Insured and included in the'products•eompleted
operations hazard•.
CG 20 37 07 04 0 ISO Properties, Inc., 2004 Pagel of i
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY/NON-CONTRIBUTORY COVERAGE
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY OVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
TRANSPORTATION POLLUTION LIABILITY COVERAGE PART
PRIMARY/NON-CONTRIBUTORY—If required by written contract or agreement,effected prior to the date your
operations for that person or organization commenced and named below,such insurance as is afforded by this
policy to any additional Insureds under this policy shall be primary Insurance,and any Insurance or self-Insurance
maintained by such additional Insured(s)shall not contribute to the Insurance afforded to the named Insured.
All other terms and conditions remain unchanged.
SCHEDULE
Any person or organization for whom you are performing operations when you and such person or organization have
agreed In writing in a contract or agreement,eNbcted prior to the date your operations for that person or organization
commenced,that such person or organization be added as an additional insured on your policy.
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RHIC eM(021t2) Includes Copyrighted Material of Insurance Services Office. Inc. Page 1 of 1
with Its permission
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDED WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LfABII fTY COVERAGE PART
TRANSPORTATION POLLUTION LIABILITY COVERGE PART
SCHEDULE
Name of Person or Organization:
Any person or organization that is:
1. An owner of real or personal property on which you are performing operations,but only at the specific written
request by that person or organization to you,and only if:
a.That request is made prior to the date your operations for that person or organization commenced;and
b.A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or
broker,or
Z A contractor on whose behalfyou are peribnning operations,but only at the specific written request by that
person or organization to you,and only it
a.That request is made priorto the date your operations forthat person or organization commenced;and
b.A Certificate of Insurance evidencing that request has been issued by your authorized Insurance agent or
broker.
WAIVER OF SUBROGATION—If required by written contract or agreement,we waive any right of recovery we may
have against any entity that is an additional Insured shown in the Schedule above per the terms of this endorsement
because of payments we make for Irdray or damage arising out of'your work"performed under a contract with that
person or organization.
All other terns and conditions remain unchanged,
RHIC SOSa(O170) Includes Copyrighted Material of Insurance Services Office, Inc. Page 9 of 7
with its permisson
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REQUEST FOR MAYOR'S SIGNATURE
Please Fill in All Applicable Boxes
l
Ori inator:, �' ;( c �, ' Phone (originator): pP-
Date Sent: t ?[ _z> S Date of Council . roual:
Return
Date of Approval from Finance:
`
Signed Document to: �� t.���d =e,�'�� -i (only required on contracts$10;000 &over or on any Gra j
Agreements)
Date Required: Date of Approval from Risk Manager: of
Vendor Name: Budgeted: YE NO ❑
Budget Fund: k btu® C9.C�tkf�i(7 7
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Brief Explanation of Document:
�l:'i i �e r.1} �ZJ✓ 4)e U '��Oby�-d'�.f ✓11--P_-L�..d`.6� �/"L3�
All Contracts Must Be Routed Through The Caw Department
(This area to be com`peted,¢Y,the Law.•AQpartment) ^A ;"
Received:
Law Department Approved as to Form:
Law Dept. Comments:
Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration Staff
Received:
� j
Recommendations and Comments:
Date Returned. ; i �, G r 9 ram,
P.4Iv:ffoim.Nn[umen F o:exxN9YInN 50•el lw A.YNe S,n—I r.Ecv
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