HomeMy WebLinkAboutCAG2010-0951 - Original - Saqra Raybuck - Winter Quarter 2010 - Belly Dancing - 01/19/2010Jecords Ma�`R�gemen
N`47KENT Document
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact City Clerks Office.
Vendor Name: :5a4�2 u e, �-_, Vendor Number: 41<1519
—V U JD Edwards Number
Contract Number: j?K /c) i733
This is assigned by Deputy City Clerk
Description: Class Instruction - Winter Quarter 2010
Project Name: n a
Contract Effective Date: 01-01-2010 Termination Date: 03/31/10
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Tammy Heldt -Pram. Coordinator Department: Parks - Kent Commons
Abstract:
S Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02
KENT
W A 3 H 1 N OTO N
PERSONAL SERVICES AGREEMENT
between the City of Kent and
Saara Raybuck
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and Saqra Raybuck organized under the laws of the State of Washington, located and doing business at
cervi ±0 -:"—P4 -SE :%--nt;-WA 98031 (hereinafter the "Contractor").
L DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Winter Ouarter 2010 - Beginning Belly Dancing
Tuesdays, 12:00-1:30 p.m. & 6:00-7:30 p.m Jan. 19 -Feb. 23, March 2 -April 6
Thursdays. 1:30-3:00 p.m. & 5:00-6:30 p.m Jan. 21 -Feb. 25, March 4 -April 8
Continuing Belly Dancing
Tuesdays - 1:30 - 2:30 p.m. & 7:45 - 8:45 p.m. Jan. 19 - Feb. 23, March 2 -April 6
Thursdays - 12:30 - 1:30 p.m. - Jan. 21 -Feb. 25, March 4 -April 8
Insurance & Indemnity Requirements - Exhibit A included
Contractor further represents that the services furnished under this Agreement will be performed in accordance
with generally accepted professional practices in effect at the time those services are performed.
II. COMPENSATION. The City shall pay Contractor the total sum of ( 70%) of class revenue for the work
to be performed under this Agreement, upon the City's determination that the Contractor has satisfactorily completed all
services and requirements specified in this Agreement.
III. PRESS MATERIALS. Contractor agrees to provide where appropriate, at his or her own costs,
complete press materials, including but not limited to black and white glossy photographs, biographic descriptions, and
program materials, not less than six (6) weeks prior to the initial event date All publicity and promotional materials
released to the media by the Contractor shall credit the City of Kent for its support of the event or project.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor -Employer
Relationship will be created by this Agreement and that the Contractor 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
V. EVALUATION. The Contractor shall have the authority to control and direct the performance and
details of the contract work, the work must also meet the approval of the City and shall be subject to the City's general
right of inspection and supervision to secure satisfactory completion. Contractor agrees to cooperate in this evaluation
process
VI. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal, state and
municipal laws, rules and regulations that are now effective or in the future become applicable to Contractor's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those
CONTRACTOR SERVICES AGREEMENT
(Under $10, 000 —Instructor)
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS FOR
CULTURAL PERFORMANCE AGREEMENTS
Insurance
The Contractor 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 Contractor, their agents,
representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products -completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 1185. There shall be no
endorsement or modification of the Commercial General Liability
insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy with
respect to the work performed for the City using ISO additional
insured endorsement CG 20 10 1185 or a substitute endorsement
providing equivalent coverage.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $1,000,000 general aggregate
and a $1,000,000 products -completed operations aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions
for Commercial General Liability insurance:
1. The Contractor'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 Contractor's insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (3 0) days prior written notice by certified
mail, return receipt requested, has been given to the City.
EXHIBIT A (Continued)
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 contractor
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 Contractor'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
Contractor 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 Contractor before
commencement of the work.
F. Subcontractors
Contractor 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 Contractor.
VII. INDEMNIFICATION. Contractor 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 Contractor'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
Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance
of the types and in the amounts described in Exhibit A, attached and incorporated by this reference.
IX. USE OF CITY MATERIALS. Contractor shall not, without prior written approval and permission of
the City, use participant roster or related program materials for any purpose outside this Agreement including, but not
limited to, solicitation of participants for Contractor's use in competition with City programs.
X. TERMINATION AND BREACH. Either party may terminate this Agreement, with or without cause,
upon providing the other party seven (7) calendar days written notice at its address set forth on the signature block of this
Agreement.
XI. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its Contractors
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 portion contained
in this Agreement, in one or more instances shall not be construed to be a waiver or relinquishment of any of the
covenants, agreements or options contained in this Agreement, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim
arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or
claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or
lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and
attorney's fees incurred in defending or bringing such claim or lawsuit; provided, however, nothing in this paragraph shall
be construed to limit the City's right to indemnification under Section VIII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses
listed on the signature page of the Agreement. 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 parry without the written consent of the non -
assigning party shall be void.
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 Contractor.
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. 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.
CONTRACTOR SERVICES AGREEMENT - 2
(Under $10, 000 — Instructor)
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date
entered below.
CONTRACTOR:
CITY OF KENT:
By:
Y"-'
B L�
(signature)
Print Name s' A% RAI 60C'V-
Its
(signature
Print Name: Lori Hoean
Its: Recreation & Cultural Services Supermtendant
(Title)
DATE: 1 3y 1 10
I
DATE:
NOTICES TO BE SENT TO:
NOTICES TO BE SENT TO:
CONTRACTOR:
MOW
CITY OF KENT:
5 ALQ" fj'�fu c-<
Tammy Heldt - Kent Commons
City of Kent
220 Fourth Avenue South
Kent, WA 98032
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2 5 3— [ 3 - 85�C> (telephone)
(facsimile)
(253) [856-5000] (telephone)
(253) 856-6000 (facsimile)
APPROVED AS TO FORM:
Kent City Attorney
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CONTRACTOR SERVICES AGREEMENT - 3
(Under S 10,000 — Instructor