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HomeMy WebLinkAboutCAG2010-0970 - Extension - American Colleges of Mixed Martial Arts - Spring Summer Quarter 2010 - Karate & Kickboxing - 04/03/2010 ecords M#- .nageme Document W AlnIMOTpM 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: � ��iAa� 4�ODo�� _Vendor Number: t3& eo o q JD Edwards Number Contract Number. This is assigned by Deputy City Clerk Description: Class Instruction- Spring and Summer Quarter 2010 Detail: Project Name: n a Contract Effective Date: 411110 Termination Date: 8/1/10 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 Publlc\RecordsManagement\Forms\ContractCover\ADCL7832 07/02 a -4005". KENT W PSHiNGTON PERSONAL SERVICES AGREEMENT between the City of Kent and American Colleges of Mixed Martial Arts Do or Dye. Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and American Colleges of Mixed Martial Arts, Do or Dye, Inc. organized under the laws of the State of Washington, located and doing business at 4210 Auburn Way No. *5, Auburn, WA 98002 (hereinafter the "Contractor") I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City. _v Spring/Summer Quarter 2010 See Page Two — Class Schedule Exhibit A — Insurance & Indemnity Requirements 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 ( 75%) 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 operations. All work shall be done at Contractor's own risk, and Contractor 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. CONTRACTOR SERVICES AGREEMENT (Under$10,000—Instructor) AI W � 4 Page Two - American Colleges of Mixed Martial Arts, Do or Dye, Inc.- Spring/Summer Qtr.2010 Tiny Tigers - 3.00 - 3:30 p.m. Tuesdays April 6 - 27, May 4-25, July 6 - 27, August 3-24 Thursdays April 8 - 29, May 6-27, July 8-29, August 5-26 Karate for Children Ages 4-6 Tuesdays, 4 00 - 4.45 p.m. April 6 - May 11, May 18-June 22, July 6-27, August 3-24 Saturdays 10.15 - 11 00 a.m. April 10 - May 15, May 22 - June 26, July 10-31, August 7-28 Ages 7-10 Thursdays- 5.30 - 6.15 p.m. April 8 -May 13, May 20-June 24, July 8 -29, August 5-26 Saturdays: 11.00 - 11-45 a.m. April 10-May 15, May 22-June 26, July 10-31, August 7-28 Ages 11-13 __ Tuesdays. 4:45 - � 30-p.nr. Apn1 6-May-11;�?ay 18=7un�22,-'July 6-27--August 3-24 - V - - Karate for Home School Ages 4-8 Wednesdays- 2.00 - 2:45 p.m. April 7-May 12, May19-June 23, July 7-28, August 4-25 Ages 9-14 Wednesday: 2:45 - 3:30 p.m. Beainnina Aikido Mondays 7.00 - 8.00 p M. April 12-June 14 July 12-August 30 Womens Self Defense Saturdays April 17, May 22, June 19, July 17, August 21 2.00 - 4.00pm. Martial Arts 40+ Thursdays April 8-May 13, May 20-June 24, July 8-29, August 5-26 7:00 - 8.00 p.m. Cardio Kickboxing Monday/Wednesday April 5-28, May 3-26, June 7-30, July 5-28, August 2-25 6.15-7.00 p.m Pilate Mondays 5:30 - 6:15 p.m. April 5-26, May 3-24, June 7-28, July 5-26, August 2-23 Saturdays, 10.15 - 11 00 a.m. April 3-24, May 1-22, June 5-26, July 10-31, August 7-28 CONTRACTOR SERVICES AGREEMENT (Under$10,000-Instructor) 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 Agreer.-ient, 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 party 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. CONTRACTOR SERVICES AGREEMENT-2 (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: 1. 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 cancelledby either party, except after thirty (30) 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 AN IL II. 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. ROM :PCMMA—----—-------—---— FAX NO. :2538505966 Jul. 20 2009 01:16PM P1 ACORD TM CERTIFICATE OF LIABILITY INSURANCE ( DAT 07M2000 YY) AoOUCFJi t>none roN 79esars Fa,(seal Ia1e75e W CERTIFICATE IS ISSUED AS A MATTWOF FAMMATION TNESS AND WELLNESS ONLY AND CONKRS NO R1GHT8 UPON THE CERTIFICATE 80 STEVENS AVENUE,SUITE 208 HOLDER.THIS CERTIFICATE DOES NOT AMEND.EXTEND OR OLANA BEACH CA 92075 ALTER THE COVERAG&AFFORDED BY THE POLICIES BELOW, SURERS AFFORDING COVERAGE NAIC R my Ucs•WT7 INSURED PWOedelpDla nde InMrenoe Canpeny Do or Dye Inc INSURER B a210 AUM1m Wry N SIs 6 NSURER C. AubUm WA%002 NSURER P NSURER E 'fj COVERAGES HE POLICIES OFINSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVEFORTHE POLICY PERIOD INDICATED, O ANY REOUIREMENr,TERM OR CONDITION CF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY EE ISSUED OR Y PERTAIN,THE INSURANCE AFFORDED SYTHE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALLTHETERMS,EX SIOIJS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.OWDA POLICY cFP907IVZ Way_ LTR S YYPGOFRdeORANCE POLICY NUMDOR DATE(N1400" 1iltt WAIJOWTn ' 1JWi8 000 ENERAL LIABILITY PHPKr4Z407 07T01/2009 0710112010 /CH OCCURRENCE i 1>�• X OMMERCIAL GENERAL LIABILITY AaBTo Aonen FAe ASEs 100 eeaaTO LAIMS MADE X�CCUR ED EXP(Anyone Perron) 6 2• A X X PROFESSIONAL LIABILITY ERSONAL It ADV INJURY 1,000 CNERALAGGREGATE f 3,000, ENL AGGREGATE LIMIT APPLIES PER ODUCTSGOMPgP AGG. 3,0W X UCY ROJ- OC Y AUTOMOBILE LIABILITY MBINED SINGLE LIMIT Y AUTO Ea a 6" ALL OWNED AUTOS ILY INJURY SCHEDULEDAUTOS Perponon) HIRED AUTOS C)LY INJURY ON-OWNED AUTOS Per aocMntl ROPERTY DAMAGE Par acc�doni} GARAGE UASILITY UTO ONLY-EA ACCIDENT Y AUTO THERTHAN EAACC UTO ONLY: AGG MESS I UMBRELLA LIABILITY CH OCCURRENCE uR EJDLAIMS MADE NGGREGATE EDUCTIBLB ETENTION S RKERS COMPENSATION AND EMPLOYERS' AT TORY -tABILITY N T$ iWOFRIEIORIPAnTEdR(VE N FlCEaJmEMeEA Fxcw01"ocoa 1 ITea dne+L�aMer BDEfJa1 PRO1181oH8 hInI THER DESCRIPTION OF OPERATION5ILOCATION51VE/e DED BYENDORSEMENW SPECIAL PROVISIONS It Is Understood end gyfeed OWL111e 110110Wn9 e1Rey Is sOOed"AD■Ididsnal Issund but wdy As mopeds the operations d Ibe mn»d insured except that IteblOty m"Itiny from Me ddit onal I/nevrsd�s sole Aegligence. CERTIFICATE N DER CANCELLATION City M Kent OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE TH 5 FOLTZ Ave PIRATION DATE THEREOF,THE ISSUING INSURER VMLL ENDEAVOR TO MAIL 10 Kant,WA,UM DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT AILURE?O DO SO SHALL IMPOSE NO OBLIGATION OR L"UIY OF ANY KIND UPON HE INSURER ITS AGENTSOR REPRESENTATiV EPRE NTATIVE ttenim ACORD 25(200112) Certi@cate# 84562 ACORD CORPORATION 1988 R ° i s 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. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: (J By: (sign ture) (s n re) Print Name: P�h1 f� 13 Pnnt Name: Lori H an Its Vff1 rLrY1 i( 1°_ y Its• Recreation & Cultural Services--S�erintendant (Title) (Title,) DATE: 0 `7's-y DATE: I D NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: iYlniA LDW Db vY Dgle �✓lC ) Tammy Heidt - Kent Commons 4 11 `_-, 1j4jVe,4 47Gi--✓hud4rV5 City of Kent . K 220 Fourth Avenue South AIA Kent, WA 98032 (telephone) (facsimile) (253) [856-50001 (telephone) (253) 856-6000 (facsimile) APPROVED AS TO FORM: Kent City Attorney P:\Civil\FORMS\CONTRACT\KentNetContracts\ConsultantAgreements\ParksInstructorAg r-UnderlOK.doc CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000—Instructor)