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HomeMy WebLinkAboutCAG2010-0936 - Original - Patricia Swedberg - Summer Quarter 2010 - Triathlon Basics & Training - 05/30/2010 u Records M gemen Document WASHIOGTO0 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: t�QlGICt. �ey�i Vendor Number: /40/809 JD Edwards Number Contract Number. This is assigned by Deputy City Clerk Description: Class Instruction- Spring and Summer Quarter 2010 Detail: -4 "4'c.S 744-,: C. 7`ZL!/1�/2 4445 udce" Project Name: n a Contract Effective Date: 4/1/10 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: I S Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02 KENT WASNINOTON PERSONAL SERVICES AGREEMENT between the City of Kent and Patricia Swedbera THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Patricia Swedberg organized under the laws of the State of Washington, located and doing business as/at Raise the Bar, LLC, 19621 SE 310th PI., Kent, WA 98042 (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: - - — - -- Summer Otr. 10 Triathlon Basics - Thursday - May 30 - 6:30 - 8:30 p.m. Kent Commons Triathlon Trainina - Wed - June 9 - August 25 - 6:15-8:00 p.m. Lake Meridian Park - Shelter 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 ( 800/b after expenses) 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) d . 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 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 cancelled by either party, except after thirty(30) days prior written notice by certified mail, return receipt requested,has been given to the City. r i 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. -- -�= CERTIFICATE OF INSURANCE ovlvzDlo rAerican ODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Specialty Insurance&Risk Services,Inc. HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND,OR North Main Street ALTERTHE COVERAGE AFFORDED BY THE POLICY BELOW noke,Indiana 46783 URED INSURERS AFFORDING COVERAGE A Tnathlon INS A AXIS Insurance Company 1365 Garden of the Gods Road,Suite 250 INS B Colorado Springs,CO 80907 INS C RAISE THE BAR 19621 SE 31 DTH PL KENT,WA 98042 CERT NUMBER 1000858702 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING 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 CONDITION OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INS POLICY POLICY POLICY LTR TYPE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS General Aggregate-Per Club 2,000,000 GL AXGL02100312-10 01/01/2010 01/01/2011 Products-Completed O eration Aggregate 1,000,000 A Personal and AdvertisingIn u 1,000,000 12 01 a m 12 01 a m Each Occurrence 1,000,000 Damage to Premises Rented to You(Any One Premises 300,000 Medical Expense Limit(Any One Person Excluded DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS - The Certdicateholder is only an additional insured with respect to liability caused by the negligence of the Named Insured as per Form AXIS 1003-Additional Insured-Certificateholders, effective February 11,2010 CERTIFICATE HOLDER CANCELLATION CITY OF KENT SHOULD ANY OF THE ABOVE DESCRIBED 220 4TH AVE S, ��dij�1 ��/ W�`d��/� POLICIES BE CANCELED BEFORE THE KENT,WA 98032 �� J �i ! NN" + EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE 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: ` By: v tgnature) V, � (sign to ) Print Name: Print Name: Lori Ho Its �1� /✓li ij —� It=' Pecreatio^ & C cryices SuMrintendant (Title) (Title) DATE: 7 Z DATE: 11�-7- 6!9 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Tammy Heldt - Kent Commons City of Kent 220 Fourth Avenue South Kent, WA 98032 (telephone) (facsimile) (253) [856-5000] (telephone) (253) 856-6000 (facsimile) APPROVED AS TO FORM: Kent City Attorney P:\Civil\FORMS\CONTRACT\KentNetContracts\ConsultantAg reements\Pa rksInstructorAgr-UnderlOK.doc CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000—Instructor)