HomeMy WebLinkAboutCAG2021-199 - Original - Melissa Ponder Consulting - Springwood Park Renovation Public Engagement - 04/20/2021ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
Director or Designee Mayor
Date of Council Approval:
Grant? Yes No
Type:Review/Signatures/RoutingDate Received by City Attorney:
Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? Yes No*
Business License Verification: Yes In-Process Exempt (KCC 5.01.045)
If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
Yes No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Budget? Yes No
Dir Asst:
Sup/Mgr:
Dir/Dep:
rev. 20210218
FOR CITY OF KENT OFFICIAL USE ONLY
(Optional)
* Memo to Mayor must be attached
N/A
N/A
4
03/29/2021
Original1956072
Parks, Recreation & Community ServicesLynn Osborn for Kerry O'Connor
09/30/2021
4
Earliest possible please
March 2021
N/A
4
Other
P21032
ContractMelissa Ponder Consulting
19500.00
N/A
4
4
4
TJ
TJ
04/20/2021
CONSULTANT SERVICES AGREEMENT - 1
($20,000 or Less)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Melissa Ponder Consulting
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and Melissa Ponder Consulting organized under the laws of the State of Washington, located
and doing business at PO Box 13202, Des Moines, WA 98198 (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:
As described in attached Exhibit A, incorporated herein, consultant shall provide public
engagement assistance preliminary to the Springwood Park Renovation project. Engagement
will specifically include often underrepresented demographic communities.
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 09/30/2021.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$19,500.00, 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 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
CONSULTANT SERVICES AGREEMENT - 2
($20,000 or Less)
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.
CONSULTANT SERVICES AGREEMENT - 3
($20,000 or Less)
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
CONSULTANT SERVICES AGREEMENT - 4
($20,000 or Less)
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.
CONSULTANT SERVICES AGREEMENT - 5
($20,000 or Less)
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.
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
CONSULTANT SERVICES AGREEMENT - 6
($20,000 or Less)
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: Brian Levenhagen
Its: Parks, Recreation & Community
Svcs. Deputy Director
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Melissa Ponder
Melissa Ponder Consulting
PO Box 13202
Des Moines, WA 98198
206-419-0717 (telephone)
melissa@melponder.com (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Kerry O'Connor
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5114 (telephone)
(253) koconnor@kentwa.gov (facsimile)
ATTEST:
Kent City Clerk
P:\Planning\Springwood Park\Renovation 2019-21\Outreach\MPonder-Outreach-CONTRACT
Brian Levenhagen (Apr 15, 2021 10:13 PDT)
Apr 15, 2021
Melissa Ponder (Apr 20, 2021 11:56 PDT)
Melissa Ponder
Consultant
Melissa Ponder
Apr 20, 2021
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: ________________________________________
Melissa Ponder (Apr 20, 2021 11:56 PDT)
Melissa Ponder
Consultant
Melissa Ponder Consulting
Apr 20, 2021
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.
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: ________________________________________
MELISSA PONDER
Melissa Ponder Consulting
PO Box 13202, Des Moines, Washington 98198
206-419-0717 melissa@melponder.com
community engaged with an equity lens
Scope of Work
City of Kent Parks Planning Department
Springwood Park Community Engagement
Consultant Contact Information:
Name: Melissa Ponder
Address: PO Box 13202
Des Moines, WA 98198
Phone Number: 206.419.0717
Email Address: melissa@melponder.com
Project Summary
As part of City of Kent Parks Planning Departments’ work on a park master plan at Springwood
Park, involving culturally and linguistically diverse communities residing near the park is a
priority. The City strives to center equity in its public engagement with residents and
stakeholders throughout the Springwood Park community. Melissa Ponder will support these
efforts by engaging often underrepresented in prior public engagement efforts where cultural
and linguistic differences may not have previously addressed. She will involve key informants
and community-based organizations (CBOs) serving Springwood Park area residents,
particularly residents representing immigrant and refugee communities.
Timeline: March, 2021 – September, 2021
Project Objectives
1. Work with City of Kent Parks Planning Department staff and Park Design staff to identify
public engagement needs
2. Identify and prioritize resident demographics to initiate and build relationships between
Parks Planning Department and community-based organizations (CBOs) and key
informants serving communities with residents living in the Springwood Park area
3. Coordinate initial public engagement activities (focus group, surveys, interviews) with
CBOs and key informants
4. Compile data from focus groups, surveys, interviews
5. Summarize findings from focus groups/surveys/interviews in final report with
recommendations for ongoing inclusive and equitable public engagement
Melissa Ponder Consulting
community engaged with an equity lens
Constraints
The allotted time period, season, and covid-19 restrictions and effects may pose a barrier to
appropriately initiating project and building/expanding relationships with key stakeholders and
their community activities.
A. Project Administration (On-going)
1. The consultant will maintain regular communication with Kerry O’Connor via email,
phone, and/or virtual communications.
2. The consultant will manage the total project budget which is not to exceed $20,000.
3. The consultant, upon sending a monthly invoice will also send a brief (no more than 2-
pages) progress report outlining on-going work.
B. Discovery (March – April 2021)
1. Melissa Ponder (consultant) will initiate a meeting to review related project goals,
timeline, and ask questions about Kent’s Park Planning Department’s public
engagement process, and to prioritize residents (ethnic, cultural, and/or linguistic
demographics) to involve
2. Consultant will review materials City of Kent staff provides to understand context of
what processes, partnerships, and resources City of Kent Parks Planning uses in public
engagement.
3. Consultant will identify key informants and community-based organizations serving
Springwood area residents representing communities prioritized with City of Kent
4. City of Kent staff will provide:
a. Access to the City of Kent Park Planning Department’s and Design Team’s current
and past public engagement materials and methods.
b. Access to training for staff for public engagement
c. Access to focus group questions and development
d. Other relevant information requested by the consultant
e. Access to list of existing community-based partners
f. Assistance in identifying CBOs/non-profits/key informants who may be viable
partners
g. Other relevant information requested by the consultant
C. Approach and Methodology
1. The consultant will develop a document that provides details about their approach and
methodology for public engagement.
a. This will focus group question/survey questions, and recruitment plans.
Melissa Ponder Consulting
community engaged with an equity lens
b. The client will have opportunity to provide feedback on the resources before
they are finalized.
D. Recruitment and Data Collection (April - May 2021)
1. Consultant will work with key informants and CBOs to recruit participants and host
focus groups (surveys in-person or via phone to be determined) with the following
stakeholder groups: individuals who reside in Springwood Park area.
a. To aid in focus group recruitment the City of Kent will provide:
1. Assistance in sharing recruitment materials (i.e. virtual flyer) and
information about the focus groups with potential participants.
2. Access to the list of existing key informants, partners, stakeholders
b. The consultant will field a survey or questionnaire geared for community-based
organizations and non-profits that serve residents in the Springwood Park area.
To aid in survey dissemination the City of Kent will provide:
1. Assistance in identifying CBOs/Non-Profits
2. Assistance in spreading awareness about this survey
2. Community Based Organizations will co-host/implement in-language focus groups
1. CBO staff will provide outreach and participant recruitment assistance
2. CBO staff will provide translation/interpretation of focus group questions
to and from English.
3. CBO will determine stipends for focus group participants
E. Draft Report + Review of Preliminary Recommendations (end June 2021)
1. The consultant will conduct in depth analysis of focus group and survey findings
2. The consultant will schedule and host a meeting with the client to discuss key findings
from data collection and review preliminary recommendations. This conversation will
serve as an opportunity to fine tune recommendations, so they are applicable and
relevant to the client.
F. Final Report + Recommendations (end July 2021)
1. The consultant will deliver a final report by July 30, 2021.
2. The consultant will deliver recommendations for ongoing inclusive and equitable public
engagement.
Melissa Ponder Consulting
community engaged with an equity lens
Budget 1
Total Project Reimbursement: not to exceed $19,500
# # of Hours Rate TOTAL
Consultant 1 95 $100 $9500
Community Based
Organization
4 $2500 $10,000
TOTAL $19,500
Billing Timeline
The consultant will bill at least three times during the project timeline. Payments are due to the
consultant 15 business days following the delivery of the invoice.
Final Billing Voucher September 30, 2021
Contract Administration and Management
The above services shall begin within five days from execution of the Consultant Services
Agreement.
Please sign to indicate acceptance of the Scope and Schedule of Work listed above.
3/11/2021
Melissa Ponder Date
City of Kent Parks Planning Department Representative Date
1 These are estimated costs that will depend on the number of organizations interviewed and other costs related specifically to
the deliverables. The consultant has the discretion on the final number of interviews, and the number will also be impacted by
organizational availability.
EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $100,000 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)
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 A:VII.
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.
Certificate Copy
648837286 12-18-2020
01-05-21 HOWARD BURKHOLZ
27615 10TH AVE S # 1
12-18-2021
12-18-2020
DES MOINES, WA 98198-8214
MELISSA PONDER MELISSA PONDER
$ 1,000,000
$ 10,000
X
X $ 15,606 X
$ 500 0
X
EQUIPMENT BREAKDOWN,MISCELLANEOUS PROFESSIONAL LIABILITY
THE USUAL TO THE BUSINESS.
$ 2,000,000.00
$ 2,000,000.00
$ 50,000.00
27615 10TH AVE S # 1
DES MOINES, WA 98198-8214
CERTIFICATE OF INSURANCE - COMMERCIAL
CI CW 01 01 14
ALLSTATE INSURANCE COMPANY - NORTHBROOK, IL
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COV ERAGE AFFORDED BY THE POLICIES BELOW.
Description of Operation:
CERTIFICATE HOLDER NAMED INSURED
Name and Address of Party to Whom this Certificate is Issued Name and Address of Insured
Location Address (if different than above)
This is to certify that policies of insurance listed below have been issued to the insured named above subject to the expiration date indicated below,
notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may
pertain. The insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies.
TYPE OF INSURANCE AND LIMITS
Policy Number: Effective Date: Expiration Date:
COVERAGE SUMMARY
BUSINESS LIABILITY AMOUNT
COMPREHENSIVE LIABILITY Per Occurrence
DAMAGE TO PREMISES RENTED TO YOU Any One Premises
MEDICAL PAYMENTS Per Person
OTHER THAN PRODUCTS / COMPLETED OPERATIONS AGGREGATE
PRODUCTS / COMPLETED OPERATION AGGREGATE
PROPERTY INSURANCE
POLICY TYPE
SPECIAL FORM BROAD FORM BASIC FORM BUILDERS RISK SPECIAL FORM
BUILDING Replacement Cost Actual Cash Value Blanket Limit
CONTENTS Replacement Cost Actual Cash Value Blanket Limit
Deductible Wind Deductible % Exclude Wind YES NO
ADDITIONAL COVERAGE’S:
MORTGAGE CLAUSE ---- The policy contains a Mortgage Clause in favor of:
Mortgagee
Address
CERTIFICATE PERIOD
THIS CERTIFICATE WILL REMAIN IN FORCE FROM THE INCEPTION OF THE POLICY UNTIL THE POLICY IS CANCELLED OR EXPIRES.
12:01 AM 12:00 NOON Standard Time at the location of the Insured Premises. POLICY INCEPTION DATE:
PROVISIONS
This form is not the contract of insurance, but attests that a policy as identified above has been issued . The provisions of the policy shall prevail
in all respects.
SHOULD THE ABOVE DESCRIBED POLICY BE CANCELLED BEFO RE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Authorized Representative Date
Insured Full Copy
648837286
02-23-21
001
HOWARD BURKHOLZ
Allstate Insurance Company
HOWARD BURKHOLZ
MELISSA PONDER
(SEE NAMED INSURED ENDORSEMENT)
X BUSINESSOWNERS $ 21.00
$ 21.00
SEE NEXT PAGE
DM CW 30 01 10 Allstate Insurance Company
Policy Number
THIS ENDORSEMENT CHANGES THE POLICY.
PLEASE READ IT CAREFULLY.
COMMON POLICY CHANGE ENDORSEMENT
Endorsement No.
Named Insured Effective Date:
12:01 A.M., Standard Time
Agent Name
This endorsement will not be used to decrease coverages, increase rates or deductibles or alter any terms or
conditions of coverage unless at the sole request of the insured.
COVERAGE PART INFORMATION ---- Coverage parts affected by this change as indicated by x below.
Commercial Property
Commercial General Liability
Commercial Crime
Commercial Inland Marine
The following item(s):
Insured’s Name Insured’s Mailing Address
Policy Number Company
Effective/Expiration Date Insured’s Legal Status/Business of Insured
Payment Plan Premium Determination
Additional Interested Parties Coverage Forms and End orsements
Limits/Exposures Deductibles
Covered Property/Location Description Classification /Class Codes
Rates Underlying Exposure/Insurance
is (are) changed to read {See Additional Page(s)}
The above amendments result in a change in the premium as follows:
This premium does not include taxes and surcharges.
No Changes To be Adjusted at Audit
Additional Return
Tax and Surcharge Changes
Additional Return
Countersigned By:
AUTHORIZED AGENT
Insured Full Copy
648837286
02-23-21
001
HOWARD BURKHOLZ
MELISSA PONDER
Allsta te Insurance Company
THE FOLLOWING ADDITIONAL INTEREST (ADDITIONAL INSURED) HAS BEEN ADDED
TO THE POLICY:
CITY OF KENT
220 4TH AVE S
KENT WA 98032-5838
THE FOLLOWING FORM(S) HAS BEEN DELETED:
XM CW 02 12-19 RENEWAL THANK YOU LETTER
THE FOLLOWING FORM(S) HAS BEEN ADDED:
BP 04 48 07-13 ADDL INSD-DESIGNATED PERSON/ORG.
ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME
DM CW 30 01 10 Allstate Insurance Company
Policy Number
COMMON POLICY CHANGE ENDORSEMENT
Endorsement No.
Named Insured Effective Date:
12:01 A.M., Standard Time
Agent Name
POLICY CHANGES ENDORSEMENT DESCRIPTION (CONT’D)
REMOVAL PERMIT
If this policy includes the Commercial Property Coverage Part, the following applies with respect to the Coverage Part:
If Covered Property is removed to a new location that is described on this Policy Change, you may extend this
insurance to include that Covered Property at each location during the removal. Coverage at each location will apply in
the proportion that the value at each location bears to the value of all Covered Property being removed. This permit
applies up to 10 days after the effective date of this Policy Change; after that, this insurance does not apply at the
previous location.
Insured Full Copy
648837286
02-23-21
HOWARD BURKHOLZ
MELISSA PONDER
Allsta te Insurance Company
CERTIF21 (cont.)
THE NAMED INSURED ON FORM CERTIF21 IS AMENDED TO READ:
MELISSA PONDER
DBA - MEL PONDER PHOTOGRAPHY
DM CW 03 01 10 Allstate Insurance Company
Policy Number
SCHEDULE OF NAMED INSURED(S)
Named Insured Effective Date:
12:01 A.M., Standard Time
Agent Name
Insured Full Copy
648837286
02-23-21
HOWARD BURKHOLZ
MELISSA PONDER
Allsta te Insurance Company
COMMON POLICY FORMS AND ENDORSEMENTS
DM CW 30 01-10 COMMON POLICY CHANGE ENDORSEMENT
DM CW 03 01-10 SCHEDULE OF NAMED INSURED(S)
DM CW 12 01-10 SCHEDULE OF FORMS AND ENDORSEMENTS
DM CW 14 01-10 SCHEDULE OF LOCATIONS
BUSINESSOWNERS FORMS AND ENDORSEMENTS
DB CW 01 01-16 BUSINESSOWNERS POLICY DECLARATIONS
DB CW 02 01-16 BUSINESSOWNERS POLICY DECLARATIONS-2
BP 04 48 07-13 ADDL INSD-DESIGNATED PERSON/ORG.
DM CW 12 01 10
DM CW 12 01 10 Allstate Insurance Company
Policy Number
SCHEDULE OF FORMS AND ENDORSEMENTS
Named Insured Effective Date:
12:01 A.M., Standard Time
Agent Name
Insured Full Copy
648837286 12-18-2020
02-24-21 HOWARD BURKHOLZ
27615 10TH AVE S # 1
12-18-2021
12-18-2020
DES MOINES, WA 98198-8214
MELISSA PONDER CITY OF KENT
$ 1,000,000
$ 10,000
X
X $ 15,606 X
$ 500 0
X
EQUIPMENT BREAKDOWN,MISCELLANEOUS PROFESSIONAL LIABILITY,ADDITIONAL INSURED
$ 2,000,000.00
$ 2,000,000.00
$ 50,000.00
220 4TH AVE S
KENT, WA 98032-5838
CERTIFICATE OF INSURANCE - COMMERCIAL
CI CW 01 01 14
ALLSTATE INSURANCE COMPANY - NORTHBROOK, IL
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COV ERAGE AFFORDED BY THE POLICIES BELOW.
Description of Operation:
CERTIFICATE HOLDER NAMED INSURED
Name and Address of Party to Whom this Certificate is Issued Name and Address of Insured
Location Address (if different than above)
This is to certify that policies of insurance listed below have been issued to the insured named above subject to the expiration date indicated below,
notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may
pertain. The insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies.
TYPE OF INSURANCE AND LIMITS
Policy Number: Effective Date: Expiration Date:
COVERAGE SUMMARY
BUSINESS LIABILITY AMOUNT
COMPREHENSIVE LIABILITY Per Occurrence
DAMAGE TO PREMISES RENTED TO YOU Any One Premises
MEDICAL PAYMENTS Per Person
OTHER THAN PRODUCTS / COMPLETED OPERATIONS AGGREGATE
PRODUCTS / COMPLETED OPERATION AGGREGATE
PROPERTY INSURANCE
POLICY TYPE
SPECIAL FORM BROAD FORM BASIC FORM BUILDERS RISK SPECIAL FORM
BUILDING Replacement Cost Actual Cash Value Blanket Limit
CONTENTS Replacement Cost Actual Cash Value Blanket Limit
Deductible Wind Deductible % Exclude Wind YES NO
ADDITIONAL COVERAGE’S:
MORTGAGE CLAUSE ---- The policy contains a Mortgage Clause in favor of:
Mortgagee
Address
CERTIFICATE PERIOD
THIS CERTIFICATE WILL REMAIN IN FORCE FROM THE INCEPTION OF THE POLICY UNTIL THE POLICY IS CANCELLED OR EXPIRES.
12:01 AM 12:00 NOON Standard Time at the location of the Insured Premises. POLICY INCEPTION DATE:
PROVISIONS
This form is not the contract of insurance, but attests that a policy as identified above has been issued . The provisions of the policy shall prevail
in all respects.
SHOULD THE ABOVE DESCRIBED POLICY BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Authorized Representative Date
Insured Full Copy
648837286
CITY OF KENT
POLICY NUMBER: BUSINESSOWNERS
BP 04 48 07 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BP 04 48 07 13 Insurance Services Office, Inc., 2012 Page 1 of 1
ADDITIONAL INSURED --- DESIGNATED PERSON
OR ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II ---- Liability is amended as follows:
A. The following is added to Paragraph C. Who Is An
Insured:
3. Any person(s) or organization(s) shown in the
Schedule is also an additional insured, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by your acts
or omissions or the acts or omissions of those
acting on your behalf in the performance of
your ongoing operations or in connection with
your premises owned by or rented to you.
However:
a. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
b. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Paragraph D. Liability And Medical Expenses
Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits Of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits Of Insurance shown in the Declarations.
1300 Dexter Avenue N
Seattle, WA 98109-3571
Page 2 of 3Questions? Check our Customer Support site at pemco.com, make your changes online or call 1-800-GO-PEMCO (1-800-467-3626).
Auto Declarations 05/2020
COVERAGES (continued)Limits/Deductible Premium
Rental Reimbursement Not Selected
Stereo/Communication Equipment Not Selected
Customized Equipment Not Selected
Rideshare Not Applicable
Vehicle Premium $462.90
Garaging Address: 1115 Salt Aire Pl,Des Moines,WA 98198-3875
Estimated Annual Mileage: 1-999
Vehicle Discounts:Anti-Theft,Low Mileage
2005 MAZDA 3 S VIN JM1BK323051334560
COVERAGES Limits/Deductible Premium
Bodily Injury $50,000 each person/$100,000 each occurrence $128.14
Property Damage Liability $50,000 each occurrence $113.98
Underinsured Motorist Bodily Injury $50,000 each person/$100,000 each occurrence $67.01
Underinsured Motorist Property Damage $25,000 each occurrence $7.50
Personal Injury Protection Not Selected
Loss of Income Not Selected
Collision Not Selected
Comprehensive Not Selected
Auto Loan/Lease Not Selected
Towing Not Selected
Rental Reimbursement Not Selected
Stereo/Communication Equipment Not Selected
Customized Equipment Not Selected
Rideshare Not Applicable
Vehicle Premium $316.63
Garaging Address: 1115 Salt Aire Pl,Des Moines,WA 98198-3875
Estimated Annual Mileage: 1-999
Vehicle Discounts:Low Mileage
Previous policy premium $1,208.89 Total Policy Premium $1,206.32
THE FOLLOWING DISCOUNTS ARE BEING APPLIED TO THIS POLICY
Anti-Theft
Auto Plus Homeowner
Homeownership
Low Mileage
Loyal Auto Customer
Multiple Car
DRIVER AND HOUSEHOLD INFORMATION
Drivers Rated on This Policy
Vance K. Bader
Qualifies for Accident Forgiveness
Qualifies for Minor Ticket Forgiveness
Melissa Ponder
Qualifies for Accident Forgiveness
Individuals Not Rated on This Policy
Truman Ponder-Bader
Kim Ponder-Bader
POLICY FORMS AND ENDORSEMENTS
Edition
Form date Endorsement Vehicle
PAE-04 09/15 Ridesharing and Carsharing Endorsement All
Page 3 of 3Questions? Check our Customer Support site at pemco.com, make your changes online or call 1-800-GO-PEMCO (1-800-467-3626).
Auto Declarations 05/2020
POLICY FORMS AND ENDORSEMENTS (continued)
Edition
Form date Endorsement Vehicle
14-95 05/20 Auto Policy Contract All
PAE-58 12/83 Loss Payable Endorsement 2015 SUBARU FORESTER 2.5I PREMIUM
PAE-58 12/83 Loss Payable Endorsement 2015 TOYOTA TACOMA DOUBLE CAB/TRD
PRO
All existing endorsements and exclusions remain in effect.
Representative: PEMCO
Executive:
E-TRANSMITTAL: Springwood Park Public
Engagement Agmt
Final Audit Report 2021-04-20
Created:2021-03-29
By:Lynn Osborn (losborn@kentwa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA6QkVfMMtfoWCpxR2NhIIC4lALNCw7m-W
"E-TRANSMITTAL: Springwood Park Public Engagement Agmt"
History
Document created by Lynn Osborn (losborn@kentwa.gov)
2021-03-29 - 5:37:37 PM GMT- IP address: 146.129.252.126
Document emailed to Terry Jungman (tjungman@kentwa.gov) for signature
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Signature Date: 2021-04-20 - 6:56:35 PM GMT - Time Source: server- IP address: 50.35.72.21
Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature
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Document e-signed by Kim Komoto (kkomoto@kentwa.gov)
Signature Date: 2021-04-20 - 6:58:08 PM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to Melissa McCormick (cityclerk@kentwa.gov) for signature
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Document e-signed by Melissa McCormick (cityclerk@kentwa.gov)
Signature Date: 2021-04-20 - 7:30:29 PM GMT - Time Source: server- IP address: 146.129.252.126
Agreement completed.
2021-04-20 - 7:30:29 PM GMT