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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 2021-08-06 - 11:24:28 PM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2021-08-09 - 8:36:29 PM GMT- IP address: 146.129.252.126 Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2021-08-09 - 10:46:26 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Brian Levenhagen (bjlevenhagen@kentwa.gov) for signature 2021-08-09 - 10:46:31 PM GMT Email viewed by Brian Levenhagen (bjlevenhagen@kentwa.gov) 2021-08-09 - 11:45:43 PM GMT- IP address: 146.129.252.126 Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date: 2021-08-09 - 11:46:58 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Terry Jungman (tjungman@kentwa.gov) for signature 2021-08-09 - 11:47:02 PM GMT Email viewed by Terry Jungman (tjungman@kentwa.gov) 2021-08-10 - 5:38:43 PM GMT- IP address: 146.129.252.126 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 Email viewed by Melissa Ponder (melissa@melponder.com) 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 Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2021-08-10 - 9:35:29 PM GMT- IP address: 146.129.252.126 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 2021-08-10 - 9:35:48 PM GMT 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