HomeMy WebLinkAboutCAG2021-348 - Original - Melissa Ponder Consulting - Incentive Facilitation for PArk & Open Space Plan Update - 08/10/2021ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
Director or Designee
Date of Council Approval:
Grant? Yes No
Type:Review/Signatures/RoutingComments:
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
Sup/Mgr:
rev. 20210513
FOR CITY OF KENT OFFICIAL USE ONLY
* Memo to Mayor must be attached
Dir. Assist:
4
08/06/2021
Original1956072
Parks, Recreation & Community ServicesLynn Osborn for Kerry O'Connor
11/30/2021
4
Earliest possible please
August 2021
N/A
4
Other
P00006
Contract
$5,000.00
N/A
4
4
4
BL
08/12/2021
GOODS & SERVICES AGREEMENT - 1
($20,000 or Less, incl. WSST)
GOODS & SERVICES AGREEMENT
between the City of Kent and
Melissa Ponder Consulting
THIS AGREEMENT is made by and 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 "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
The Vendor shall provide the following goods and materials and/or perform the following services for
the City:
As described in the attached Exhibit A, incorporated herein, consultant shall facilitate incentive
payments to community-based organizations for their participation in formal public
engagement focus groups and/or interviews related to the Park and Open Space Plan Update.
The Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and
services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall
complete the work and provide all goods, materials, and services by 11/30/2021.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $5,000.00,
including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this
Agreement. The City shall pay the Vendor the following amounts according to the following schedule:
Vendor shall submit itemized invoice including schedule of work, and be compensated in
advance of services rendered, in order to facilitate direct reimbursement of community-based
organizations.
Card Payment Program. The Vendor 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 Vendor. If the Vendor voluntarily participates in this
GOODS & SERVICES AGREEMENT - 2
($20,000 or Less, including WSST)
Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card
companies. The Vendor shall not charge those fees back to the City.
If the City objects to all or any portion of an invoice, it shall notify the Vendor 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.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the
Vendor for any defective or unauthorized goods, materials or services. If the Vendor is
unable, for any reason, to complete any part of this Agreement, the City may obtain the
goods, materials or services from other sources, and the Vendor shall be liable to the City for
any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum Agreement
price specified above. The City further reserves its right to deduct these additional costs
incurred to complete this Agreement with other sources, from any and all amounts due or to
become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND
IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS
MADE.
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 Vendor 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 Vendor maintains and pays for its own place of business from which the Vendor’s
services under this Agreement will be performed.
C. The Vendor 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
Vendor’s services, or the Vendor is engaged in an independently established trade,
occupation, profession, or business of the same nature as that involved under this
Agreement.
D. The Vendor 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 Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the Vendor’s
business, and has obtained a Unified Business Identifier (UBI) number from the State
of Washington.
F. The Vendor 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.
VI. CHANGES. The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any
reason, that an amendment is necessary, the Vendor must submit a written amendment request to the
person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar
GOODS & SERVICES AGREEMENT - 3
($20,000 or Less, including WSST)
days of the date the Vendor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Vendor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach
agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the
City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from the City
before actually receiving the written amendment. If the Vendor fails to require an amendment within the
time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for
that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must
complete the amended work; however, the Vendor may elect to protest the adjustment as provided in
subsections A through E of Section VIII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the
Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract
time and for direct, indirect and consequential costs, including costs of delays related to any work, either
covered or affected by the change.
VII. 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 Vendor 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 Vendor due to a force majeure event.
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 Vendor 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 Vendor to fulfill its obligations under
this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the
Vendor.
VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written
order, or an oral order from the City, including any direction, instruction, interpretation, or determination
by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to
the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the
claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts
or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for
any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed
to have been waived by the Vendor unless a timely written claim is made in strict accordance with the
applicable provisions of this Agreement.
GOODS & SERVICES AGREEMENT - 4
($20,000 or Less, including WSST)
At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items
1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY
THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5. An analysis of the progress schedule showing the schedule change or disruption
if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result
of the asserted events giving rise to the claim. The City shall have access to any of the
Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE
CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions
established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor
warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and the Vendor’s representations to City. The Vendor shall
promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have
known of the defect, or (2) upon the Vendor’s receipt of notification from the City of the existence or
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its
GOODS & SERVICES AGREEMENT - 5
($20,000 or Less, including WSST)
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay
all costs incurred by the City in order to accomplish the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor or sub-contractor 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 Vendor 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.
XII. INDEMNIFICATION. The Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'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 Vendor 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 Vendor’s part, then the Vendor
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
Vendor’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
XIII. INSURANCE. The Vendor 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.
XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor 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
Vendor's own risk, and the Vendor 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.
XV. 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.
GOODS & SERVICES AGREEMENT - 6
($20,000 or Less, including WSST)
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 XII 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 Vendor.
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 Vendor 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 Vendor'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 Vendor 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 Vendor 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
GOODS & SERVICES AGREEMENT - 7
($20,000 or Less, including WSST)
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
VENDOR:
By:
Print Name:
Its:
DATE:
CITY OF KENT:
By:
Print Name: Terry Jungman
Its: Parks Planning & Development
Manager
DATE:
NOTICES TO BE SENT TO:
VENDOR:
Melissa Ponder
Melissa Ponder Consulting
PO Box 13202
Des Moines, WA 98198
206-419-0717 (telephone)
melissa@melponder.com (email)
NOTICES TO BE SENT TO:
CITY OF KENT:
Kerry O'Connor
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5115 (telephone)
koconnor@kentwa.gov (email)
ATTEST:
Kent City Clerk
P:\Planning\_All Park Plans\2022 Update\MPonder-Engagement Incentive Pymts-CONTRACT
Terry Jungman (Aug 10, 2021 10:39 PDT)
Terry Jungman
Aug 10, 2021
Consultant
Melissa Ponder
Aug 10, 2021
EEO COMPLIANCE DOCUMENTS - 1 of 3
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: ________________________________________
Consultant
Melissa Ponder Consulting
Aug 10, 2021
EEO COMPLIANCE DOCUMENTS - 2 of 3
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 of 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: ________________________________________
Scope of Work
City of Kent Parks Planning Department
Parks and Open Space Engagement Compensation
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 the 2022 Parks and Open Space
Plan, involving culturally and linguistically diverse communities residing in the City, the City
strives to center equity in its public engagement with residents and stakeholders throughout
the Kent community. Melissa Ponder will support these efforts by facilitating compensation for
focus groups and individual interview with local cultural communities and community-based
organizations (CBOs) representing Kent residents.
Timeline: August 2021 – September 2021
Project Objectives
1.Work with City of Kent Parks Planning and Development staff to create equitable
compensation for involvement in focus groups and interviews amounts
2.Provide compensation to CBOs and/or their staff for engagement activities
(focus group, surveys, interview, childcare, and transportation).
3.Provide compensation to CBOs and/or their staff for translation services of
surveys and other engagement materials.
Constraints
The allotted time, and covid-19 restrictions and effects may pose a barrier to appropriately
initiating project.
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
$5,000.
3.The consultant will send an invoice and a brief (no more than 1-page) progress
report outlining project work.
EXHIBIT A
Discovery
1. City of Kent Parks Planning and Development Department will initiate all contact with
CBOs and cultural communities for the public engagement process.
2. City of Kent Parks Planning and Development Department will facilitate all focus groups
and interviews
3. Community Based Organizations, non-profits, and culturally based communities will
participate in focus groups and interviews
Compensation (August- September 2021)
1. The consultant will distribute payment for services rendered as part of the engagement
process to community-based organizations, culturally based communities and non-
profits that serve residents of Kent. To aid in this the City of Kent will provide:
a. Assistance in identifying CBOs/Non-Profits
b. Make contact will all CBOs/ Non-Profits for initial contact
c. Assistance in spreading awareness about this project
Total Project Reimbursement: not to exceed $5,000
# # of Hours Rate TOTAL
Consultant 1 5 $100 $500
Community Based
Organization
7 $4,500
TOTAL $5,000
Billing Timeline
The consultant will bill at least two 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.
Melissa Ponder Date
City of Kent Parks Planning Department Representative Date
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
01-05-21HOWARDBURKHOLZ
27615 10TH AVE S # 1
12-18-2021
12-18-2020
DES MOINES, WA 98198-8214
MELISSA PONDERMELISSAPONDER
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 BEFORE 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 Endorsements
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
Allstate 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
Allstate 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
Allstate 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
02-24-21HOWARDBURKHOLZ
27615 10TH AVE S # 1
12-18-2021
12-18-2020
DES MOINES, WA 98198-8214
MELISSA PONDERCITYOFKENT
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 of3Questions? 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 of3Questions? 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:
Signature:
Email:
Signature:
Email:
Signature:
Email:
rlashley@kentwa.gov
Brian Levenhagen (Aug 9, 2021 16:46 PDT)
bjlevenhagen@kentwa.gov
Melissa McCormick (Aug 12, 2021 08:00 PDT)
Melissa McCormick
cityclerk@kentwa.gov
E-TRANSMITTAL: POSP Engagement
Incentive Pymts Agmt
Final Audit Report 2021-08-12
Created:2021-08-06
By:Lynn Osborn (losborn@kentwa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAApLE5JZoT5XrDjVehJwj35Pb62QGOOOl
"E-TRANSMITTAL: POSP Engagement Incentive Pymts Agmt"
History
Document created by Lynn Osborn (losborn@kentwa.gov)
2021-08-06 - 11:20:37 PM GMT- IP address: 146.129.252.126
Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature
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Signature Date: 2021-08-09 - 10:46:26 PM GMT - Time Source: server- IP address: 146.129.252.126
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Document e-signed by Terry Jungman (tjungman@kentwa.gov)
Signature Date: 2021-08-10 - 5:39:22 PM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to Melissa Ponder (melissa@melponder.com) for signature
2021-08-10 - 5:39:26 PM GMT
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2021-08-10 - 6:04:38 PM GMT- IP address: 172.58.45.90
Document e-signed by Melissa Ponder (melissa@melponder.com)
Signature Date: 2021-08-10 - 8:54:06 PM GMT - Time Source: server- IP address: 73.193.73.92
Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature
2021-08-10 - 8:54:11 PM GMT
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Document e-signed by Kim Komoto (kkomoto@kentwa.gov)
Signature Date: 2021-08-10 - 9:35:45 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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Email viewed by Melissa McCormick (cityclerk@kentwa.gov)
2021-08-12 - 2:56:53 PM GMT- IP address: 146.129.252.126
Document e-signed by Melissa McCormick (cityclerk@kentwa.gov)
Signature Date: 2021-08-12 - 3:00:20 PM GMT - Time Source: server- IP address: 146.129.252.126
Agreement completed.
2021-08-12 - 3:00:20 PM GMT