HomeMy WebLinkAboutPK2011-0468 - Original - American Colleges of Mixed Martial Arts - Spring/Summer Quarter 2011 - Karate Classes - 04/19/2011 Records Management-)
KENT Document
WASMIMOTOM
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: IMX Z& ` 2 ad Vendor Number: 3l��ma
JD Edwards Number
Contract Number:
This is assigned by Deputy City Clerk
Description: Class Instruction- Sprina/Summer Quarter 2011
Detail. ( A " 1/. d-L f
Project Name: n a
Contract Effective Date: 3/23/11 Termination Date: 8/31/11
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
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Contract Manager: Tammy Heldt-Pram. Coordinator Department: Parks- Kent Commons
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Abstract:
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S.Publlc\RecordsManagement\Forms\ControcfCover\ADCL7832 07102
^GNT PERSONAL SERVICES AGREEMENT
WAININOTO.
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:
Spring/Summer guarter 2011
See Page Two — Class Schedule
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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)
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Page Two - American Colleges of Mixed Martial Arts, Do or Dye, Inc.- Spring/Summer Quarter 2011
Tiny Tigers - 4.00 - 4:45 p.m.
Tuesdays April 5 - 26, May 3-24, June 7-28, July 5-26, August 2-23
Thursdays April 7-28, May 5-26, June 2-23, July 7-28, August 4-25
Karate for Children
Ages 5-6
Monday. 4.00- 4:45 p.m. April 4-25, May 2-23, June 6-27, July 11-August 1, August 8-29
Wednesday. 4:00-4.45 p.m. April 6-27, May 4-25, June 1-22, 3uly6-27, August 3-24
Ages 7-10
Thursdays 5 30 - 6:15 p.m. April 7-28, May 5-26, June 2-23, July 7-28, August 4-25
Saturdays, 11 00 - 11.45 a.m. April 2-23, April 30-May 28, June 4-25, July 2-23, July 30-August 27
Ages 31-13
Tuesdays. 4:45 - 5:30 p.m. April 5-26, May 3-24, June 7-28, July 5-26, August 2-23
Karate for Home School
Ages 4-8
Wednesdays 2.00 - 2 45 p.m. April 6-27, May 5-25, June 1-22, July 6-27, August 3-24
Ages 9-14
Wednesday 2 45 - 3.30 p.m.
Beginning Aikido
Mondays: 6:15 - 7.15 p.m. April 4-3une 13 ( no class 5/30) I
July I I-August 29
Womens Self Defense
Saturdays April 9, May 14, June 11, July 9, August 13
2:00 - 4:00pm
Martial Arts 40+ ,
Thursdays April 7 - 28, May 5-26, June 2-23, July 7-28, August 4-25
7:00 - 8:00 p.m. r
a
a
Cardio Kickboxing
Monday/Wednesday April 4-27, May 2-25, June 6-29, July 6-August 1, August 3-29
6 15-7.00 p m
Pilates
Mondays 5:30 - 6.15 p.m. April 4-25, May 2-23, June 6-27, July 11-August 1, August 8-29 {
Saturdays, 10:15 - 11:00 a.m. April 9-30, May 7-28, June 4-25, July 9-30, August 6-27
i
9
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.
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XI. MISCELLANEOUS PROVISIONS.
i
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 Iurisdiction 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 dll 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)
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.
4
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below.
CONTRACTOR: CITY OF NT:
By: fib 7(i1�I By:
(sig ure) sig e)
Print Name: TenrIkZ i�l�lC_ Print Name: Lor Ho n
Its ()lam r l Its• Recreation & ural Services Superintendant
M
DATE: -DI (I (Title) - DATE: T- �9
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
3
Tammy Heldt - Kent Commons
i ur City of Kent
/}uhu,m, !t q 07 220 Fourth Avenue South
Kent, WA 98032
9 (telephone)
(facsimile) (253) [856-5000] (telephone)
�Ylarrc��,n(�Aoi ev-rn (253) 856-6000 (facsimile)
APPROVED AS TO FORM:
Kent City Attorney
P:\Civi I\FORMS\CONTRACT\KentNetContracts\ConsultantAgreements\ParksInstructorAgr-UnderlOK.doc
i
CONTRACTOR SERVICES AGREEMENT-3
(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.
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
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.
ACORD TM CERTIFICATE OF LIABILITY INSURANCE ( DAT 09/22J2D010VYY)
PRODUCER Pone(800)3958075 Fax(Bfi8162245579 THIS CERTIFICATE IS ISSUED AS A MATFER OF INFORMATION
FITNESS AND WELLNESS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
380 STEVENS AVENUE,SUITE 206 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
SOLANA BEACH CA 92075 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
NSURERS AFFORDING COVERAGE NAIL#
L,ca'037764
INSURED INSURERA Philadelphia Indemnity Insurance Company 18058
Do or Dye Mc it INSURER B
DBA American Colleges of Mixed Martial Arts
4210 Auburn Way N NSURER C
Ste 5Aubum, WA 98002 JINSURER D
INSURER E
COVERAGES
HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO 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 f
POLICIES AGRREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
NSR ODL TYPE OF INSURANCE POLICY NUNSER POLICYEFFECTIVE POLICY 6PIRAnO LIMITS
LTR NSR DATE(MM/DD/YY)
ENERAL LIABILITY PHPK579582 07/0V2010 07/01/2011 ACH OCCURRENCE 1,000,00
AM AGE TO RENTED PREMISES $ 100,00
X COMMERCIAL GENERAL LIABILITY occiIence)
LAMS MADE �CCUR ED EXP(Anyone person) 2,50
A X X PROFESSIONAL LIABILITY PERSONAL&ADV INJURY 1,000,00
GENERAL AGGREGATE 3,000,00
EN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG 3,000,00
X OLICY COJ OO
UTOMOBILE LIABILITY COMBINED SINGLE LIMIT
S i
NY AUTO Ea accident) $
ALL OWNED AUTOS 30DILY INJURY
SCHEDULED AUTOS Per person) r
IREDAUTOS 30DILY INJURY
ON-OWNED AUTOS Per accident)
ROPERTY DAMAGE
Per accident)
ARAGE LIABILITY UTO ONLY-EA ACCIDENT S
NY AUTOOTHER THAN EA ACC
AUTO ONLY AGG
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE
GCUR ❑CLAIMS MADE AGGREGATE
EDUCTIBLE
RETENTION$
NC
WORKERS COMPENSATION AND EMPLOYERS' STATUTORY OTHER '
(ABILITY LIMITS
ANY PROPRIETOMPARTNERIEXECUTNE --L EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E L DISEASE-EA EMPLOYEE
t yes descnbe under SPECIAL PROVISIONS below L DISEASE-POLICY LIMIT
THER
DESCRIPTION OF OPERATIONS/LOCATIONSfVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
It Is understood and agreed that the following entity is added as an additional Insured but only as respects the operations of the named insured except that liability resulting from the
tlRIOW qunals sole negligence
CERTIFICATE HOLD CANCELLATION
City of Kent HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
525 Fcunh Ave EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10
Kent,WA,9a032 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
HE INSURER,ITS AGENTS OR REPRESENTATIVES
AUTHORIZED REPRESENTATIVE
\J
ttention
ACORD 25(2001/2) Certificate# 84562 ACORD CORPORATION 1988