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Home My WebLink AboutPK2011-0457 - Extension - Jennifer Schneider - Spring/Summer Quarter 2011 - Dog Obedience Classes - 04/18/2011 Records Management KEN T Document WASHINGTON hxsY 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: Vendor Number: at0/'ZR0 IV JD Edwards Number Contract Number: This is assigned by Deputy City Clerk 1 f Description: Class Instruction- Spring/Summer Quarter 2011 Detail: 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 Contract Manager: Tammy Heldt-Prgm. Coordinator Department: Parks - Kent Commons Abstract: 5 Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02 I KENT W.SH,..oron ' PERSONAL SERVICES AGREEMENT between the City of Kent and Jennifer Schneider THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Jennifer Schneider organized under the laws of the State of Washington, located and doing business at 31816 120th Ave SE, Auburn, Wa. 98092 (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. i Contractor shall perform the following services for the City: — - - See Page Two—Spring/Summer Quarter 2011 _- Exhibit A — Insurance & Indemnity Requirements — 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%) 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. i CONTRACTOR SERVICES AGREEMENT (Under$10,000—Instructor) Page Two - Jennifer Schneider - Spring Quarter 2011 Dog Obedience Basic Manners Wednesdays 6 30 - 7:30 p.m. April 13 - August 24 Min. 3 Max. 8 Sundays 3 45 - 4:45 p.m. April 10 - August 28 Feisty Fido Min.3 Max 4 Wednesdays 5:15 - 6.15 p.m. April 13 - May 18 Thursday 5-15 - 6:15 p m June 2 - July 7 Sunday 5 00 - 6.00 p.m. June 5 - July 31 Monday 7.45 - 8.45 p.m. August 1 - September 12 Just for Fun Agility Min 3 Max. 8 Thursday 6:30-7:30 p m. June 2 - 23 Puppy Kindergarten Wednesday 7.45-8:45 p.m. April 13 - August 24 Sundays 2.30 - 3.30 p m. April 10 - August 28 Dog Tricks I Thursday 6:30 - 7:30 p.m. July 7 - August 4 Min. 2 Max 8 Dog Tricks II Thursday 7.45 - 8.45 p.m. July 7 - August 4 Min. 2 Max. 8 Better Manners Monday 7:45 - 8:45 p.m. June 6 - July 25 Thursday 6 30 - 7.30 p m. April 14 - May 19 Advanced Puppy Thursday 7.45 - 8:45 p.m. April 14 - May 19 Monday 6:30 - 7:30 p.m. June 6 - July 25 Rally Obedience Monday 6*30 - 7:30 p.m. August 1 - September 12 No class 4/24, 5/8, 5/29, 612, 6/19, 7/3, 7/4, 7/18, 7/21, 9/5 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 i 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. 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 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 (Cinder$10,000—Instructor) C G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: j By: ""� L`' By: igPature (stg to ) Print Name:Je 0 Ol k er �L ,ne l pie r Print Name: Lori Ho Its n uu Ile'r Its: Recreation & Cultural Services Superintendant (Title) - -- -- (Tale) DATE: 3 I Z(P�(I DATE: 4-(6 - l r NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Jex, ir Schn.P- 3er Tammy Heldt - Kent Commons b Ig (p 12o"- Ave E City of Kent n . U�.iA �). R012 220 Fourth Avenue South � Kent, WA 98032 -3552 (telephone) (facsimile) (253) [856-5000] (telephone) (253) 856-6000 (facsimile) APPROVED AS TO FORM: i Kent City Attorney a P:\Civil\FORMS\CONTRA CT\KentNetContracts\ConsultantAgreements\ParksInstructorAgr-UnderlOK.doc i CONTRACTOR SERVICES AGREEMENT-3 (Under$'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 insures: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 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. ` I 4 Century Insurance Group 465 Cleveland Ave Westerville, OH 43082 CERTIFICATE OF INSURANCE—THE ASSOCIATION OF PET DOG TRAINERS, INC. Certificate Number O1CCP 297161-00263 Certificate Holder's Name and Mailing Address Association of Pet Dog Trainers, Inc Pick of the Litter Dog Training 17000 Commerce Parkway, Suite C Jennifer Schneider ; Mt Laurel, NJ 08054 31816 120`h Ave SE Auburn, WA 99092 X Sole Proprietor Partnershipomailing Certificate Period From 12/01/2010 T 12.01 A M Standard Time a yss shown above Certificate Limits of Liability. $1,000,000 Each Occurrence $2,000,000 General Aggregate Limit $1,000,000 Product/Completed Operations Limit $1,000,000 Personal & Advertising Injury Limit $ 100,000 Fire Damage Limit $ 5,000 Medical Payments Deductible $250 00 Bodily Injury/Property Damage Per Claim Property Damage Extension Limits $10,000 Each Occurrence Limit $25,000 Aggregate Limit Optional Coverages- Coverage is only provided if"X" appears._ _Additic W Insued 1 Pet Sitting Doggy Daycare Premium $240 0O Policy Fee/Tax $ 3000 J Administered by Business Insurers of the S� W S e cl CA P O Box 2536 Chapel Hill, NC 27515 1-800-962-4612 IT IS HEREBY UNDERSTOOD AND AGREED UPON THAT THE CERTIFICATE HOLDER i AGREES TO ALL TERMS AND CONDITIONS AS SET FORTH IN THE MASTER POLICY