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HomeMy WebLinkAboutCAG2015-0018 - Original - Footcare - Senior Center Records Management ) KENO WAlMIMGTOH Document 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 Clerk's Office. Vendor Name: Q � \,-Z o Vendor Number: 0 2 $ -2-- JD Edwards Number Contract Number: �k -C)97 This Is assigned by City Clerk's Office Project Name: S �.:�, u t c �,zc x Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment B'Contract ❑ Other: Contract Effective Date: Termination Date: Contract Renewal Notice (Days): J Number of days required notice for termination or renewal or amendment Contract Manager: `—�� s� '�( Department: Detail: (i.e. address, location, parcel number, tax id, etc.): S•Public\RecordsManagement\Forms\ContractCover\adcc7832 11/08 KENT W P$MINGTON CONTRACTOR SERVICES AGREEMENT between the City of Kent and Karen's Footcare THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Karen Poppleton, organized under the laws of the State of Washington, located and doing business at 9909 63`d Ave. Ct. E Puyallup, WA, 98373 (hereinafter the "Contractor") I. DESCRIPTION OF WORK. Contractor shall perform the following sery ices for the City: Description: Footcare Educational Outreach: Health services Start Time/Duration/Stop Time: 8:30 am—4:00 pm 1 1 Day,Date,Year: Tuesdays,January 3 through December 18,2012 Event Location: Kent Senior Activity Center 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. III. COMPENSATION. The City shall pay Contractor the total sum of $25 00 per client for the work to be performed under this Agreement, upon satisfactory completion of 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". PERFORMANCE SPACE. The City agrees to furnish, at its sole cost and expense, a place of performance on the date(s) and at the time(s) contained in Section I Other arrangements will be the responsibility of the City and Contractor as follows below V. 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. VI. 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 the satisfactory completion thereof Contractor agrees to cooperate in this evaluation process and to make available to the City all information required by such evaluation process Contractor agrees to comply with all federal, state and municipal laws. rules, and regulations that are or may in the future become applicable to Contractor or Contractor's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations CONTRACTOR SERVICES AGREEMENT- 1 �.It, S ° VII. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose 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 VIII. 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, including assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction delivered in accordance with this Agreement constitutes an infringement of any copyright, patent trademark, trade name, or otherwise results in unfair trade practices 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 this Agreement, insurance as 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. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1 2, and upon completion of the contract work, file the attached Compliance Statement XI. TERMINATION AND BREACH. Either party may terminate this Agreement, with or without cause, upon providing the other party ninety (90) days written notice at its address set forth on the signature block of this Agreement. All costs incurred by the City due to Contractor's failure to comply with the terms and conditions of this Agreement shall be the responsibility of the Contractor The City may deduct its costs from any payments due to the Contractor or pro-rate the Agreement amount based upon the actual time of Contractor's performance compared to the contracted performance schedule XII. IMPOSSIBILITY OF PERFORMANCE. The Contractor shall be under no liability for failure to perform in the event that such failure is caused by or due to acts or regulations of public authorities, civil tulmut, strike, epidemic or any other cause beyond the control of Contractor In the event of a failure to perform as provided in this section, neither party shall be liable for the balance of the Agreement XIII. MISCELLANEOUS PROVISIONS. A. Recvclable 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 of the covenants and agreements contained in thu Agreement or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants. agreements or options, and the same shall be and remain in full force and effect CONTRACTOR SERVICES AGREEMENT-2 �Lndz, 5!0 �00- n; i 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, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VI 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, unless notified to the contrary 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. Assi tig ment. Any assignment of this Agreement by either party without the written consent of the non- assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent 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 All of the above documents are hereby made a part of this Agreement However, 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 H. Compliance with Laws 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 CONTRACTOR SERVICES AGREEMENT-9 0 , IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By- By ` (signatu (signat e) Print Name Print Name- Lori Hogan Its 0\1.a,. yam' T Its Superintendent of ation& Cultural (Title) Services DATE \ - 3— 1 DATE. NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Lea Bishop. Facility Manager Kent Senior Activity Center City of Kent 600 E Smith St (telephone) Kent, WA 98030 (facsimile) (253) 856-5161 (telephone) (253) 856-6150 (facsimile) APPROVED AS TO FORM: Kent City Attorney rLxPFO1IM8'40NRACTKmWetCuipn.'Cwuuh�vppemimmP�!gyp&G IIMaIOKJrc Y CONTRACTOR SERVICES AGREEMENT -4 l� S"" 1,00— 0: _..r,., CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, Contractors and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: I. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively- consider for promotion and advancement available minorities and women. Any contractor, subcontractor, Contractor or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or 1 termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, Contractors, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. PUBLIC WORKS AGREEMENT- EEO COMPLI ANCE DOCUMENTS CONFIRMATION OF BINDING THE TERMS AND CONDITIONS OF THIS CONFIRMATION OF INSURANCE MAY NOT COMPLY WITH THE SPECIFICATIONS SUBMITTED FOR CONSIDERATION PLEASE READ THIS CONFIRMATION CAREFULLY AND COMPARE IT WITH ANY QUOTE AND SUBMISSION DOCUMENTS AND REVIEW TBE POLICY FORMS FOR THE ACTUAL COVERAGES PROVIDED. THIS CONFIRMATION IS A TEMPORARY INSURANCE CONTRACT,SUBJECT TO THE TERMS,CONDITIONS AND LIMITATIONS OF THE POLICY(IES) OR CERTIFICATES)IN CURRENT USE BY THE INSURER. In accordance with your instructions,and m reliance upon the statements made by the retail producer in the msured's application/submission,we have bound msurance at your request as follows Date Issued: Sep 09,2011 Is this a Renewal?Y SCP0815757 Submission#: 1122400B Producer: AGT2961 Insured: Great Northern Ins Services,Inc Karen Poppleton DBA Karen's Foot Care 719 River Road Suite B 9909 63rd Ave Ct E Puyallup,WA 98371 Puyallup,WA 98373 Location of Risk: (Mobile-Different Locations),, WA Insurer: Western Heritage Insurance Co. Assigned Policy or SCP0869933 Certificate Number: Effective 9/8/2011 to 9/8/2012 Term: 365 days Period: 12:01 ANAL STANDARD TIME AT THE LOCATION ADDRESS OF THE NAMED INSURED.THIS CONFIRMATION WILL BE TERMINATED AND SUPERSEDED UPON DELIVERY OF THE FORMAL POLICY(IES)ISSUED TO REPLACE IT. Coverage: COMMERCIAL GENERAL LIABILITY Limits: $100,000 General Aggregate Included Products/Comp Ops Aggregate $100,000 Personal&Advertisirig Injury $100,000 Each Occurrence $100,000 Fire Damage(Any One Fire) $1,000 Medical Exp (Any One Person) $100,000 Professional-Each Claim $100,000 Professional Aggregate $25,000/$50,000 Sexual/Physical Abuse Included 3 additional insureds- 1 w/Primary/Non-Contributory Wordmg Deductible: N/A BI/PD Exposures: 2 Each-Mobile Mamcunst/Pedicunst R/A Beauty Shop(10115) 3 Included Additional insureds(one wl Primary/Non-Contributory Wordmg) Terms/Conditions: (a)25%minimum earned premium at inception. s , (b)Endorsements/Notable Exclusions: CG 0001 Commercial General Liability Form CG 0062 War Liability Exclusion CG 2167 Fungi or Bacteria-Exclusion IL 0146 Washington Common Policy Conditions CG2196 Silica or Silica Related Dust Exclusion CGO068 Recording/Distribution of Material/Info WHI 21-0556 Valet Parking Exclusion WHI 21-0147 Professional Liability Coverage Form WM 21-0711 Professional Liability Supplemental Dec CG2132 Communicable Disease Exclusion WM 21-0194 Combined Special Provisions Liability Insurance WIR21-0210 Sexual and/or Physical Abuse Liability Coverage Form WM21-0467 Non-Stacking of Limits Endorsement WM21-0486 Sexual and/or Physical Abuse Exclusion (c)Binding Requirements/Subject To: 25%MINIMUM EARNED PREMIUM APPLIES IN THE EVENT OF CANCELLATION SUBJECT TO ORIGINAL SIGNED RENEWAL FORM LETTER(ATTACHED) (d)All other terms and conditions apply per policy forms. Agent Commission: 10% Premium: $900 00 -Minimum Premium&Deposit Only- Fees: Policy Fee $17500 Taxes: $22 58 Total Due: $1,097.58 TRIA: Terrorism Coverage plus in taxes REJECTED Cancellation: Tins Confirmation is subject to the cancellation provisions as found in the policy(res)or certificate(s) currently in use by the insurer The Insurance effected under this confirmation can be cancelled by the insurer by mailing,to the first named insured at the address stated on the confirmation,written notice stating when such cancellation shall become effective The Insurance effected under this confirmation may be cancelled by the named insured by giving written notice to Griffin Underwriting Services,stating when thereafter the cancellation shall become effective Cancellation cannot be effected prior to the post mark date of the written notice In the event of cancellation by the insured, the earned premium would be subject to the minimum premium if applicable THE INSURANCE UNDER THIS CONFIRMATION CAN NOT BE CANCELLED FLAT;earned premium and any applicable fees and taxes must be paid for the time that insurance has been in force t THIS CONFIRMATION OF INSURANCE IS ISSUED BASED UPON THE INSURER'S AGREEMENT TO BIND AND IS ISSUED BY THE UNDERSIGNED WITHOUT ANY LIABILITY WHATSOEVER AS AN INSURER AUTHORIZED REPRESENTATIVE,GRIFFIN UNDERWRITING SERVICES INSURED:Karen Poppleton DBA Karen's Foot Care DATE ISSUED: Sep 09,2011 SUBMISSION#: 1122400 Vrhom I I' __ __ �8�c 2 c�2 2011-12-13 21 Do 35(Gl.r,-, From Spence,Neff - Commercial Certificate of Insurance . FARM E R s' 4ge37r\ . ape=cef Neff Namc 10! S hle-id an Stec ]scut Da-r i\tAI li 12 :: _O i t Pu}e1:up R'1 38a'1-59U0 _— Add3 rss 1 his certificate is.ssu,o as a matter of 3nformal3an unl. did Lunfe.s no n;hts u-+on the-err Grate hnlrle' This cerufirate does not amend c%tcnd or alter the CON elage 00-Cl-� In th'pr,hLIes shown bdorns St .9 Dist 4o Agent = - C ompanics Providing Cot cr age: Insured C nmpam A I r_ck hsur rice I-Ndi . POPPLETON, KARFV �'arlte . K_1REN S FOOT CARE Co tie nr B rdrmers lmurancr Exchange A'-LFY A% F '\E=\204 ••n pan, � \tad-Century Insurance C.ompam Address PL 1 ALI L P, A 983-2 1 n^ - I Coverages This Is to cernf�that the policies of insurance listed bclnss hase ban issued to the itsured named abose for the li tMnpd and Gated '\bu%hlk,, tndmg am requi-e-tent Iran pr condition of ar t coin a^t o' oche;docuinert t'nh respe-m e.hich Ihrs P,1'rirlrere•'w, be Issued or rnal Berta¢; the Insurance l nffurl.v[,b, the pi sues C.escrihet herein 3s suhlect w all the Ienm esr1u5lom did(ona ur^n f s,0k puheres LLmt�s shown na. hay,be—) e:uCPtl by Palo clans ------ - - C-a Ts >e of Insurance Folic\ \uml)er Folic;Effective Pohrn Esptrenon Puhc\ Lungs Ltr 1 Date s•nlnr.5 Dat- : :. B General Liability 1,1�;OjgF�{ 11 2 r 01! ,' 2012 General aggregarr : , 000 00(1 X Conimemal General Products-CornP OPS lggregatc s I CIO{1 OOo Liabtlm l Perco tat 8 ` X Occurrence Version 1dtertismg 1njun i 1 U6o 000 Contrat[ual- incidental Eacn Dmiri-mce c 1 000,OnU On], Frc Damage (Arvonefire) S n0U O\snen&Guntractors Prot Nl Hical Fypen�e t.4n} an([x-r,-ni j 5.000 i AJt09leb le LiabI Ity Combint(I Slnalc kll O.r Tied Corrtmcrual Limit g •kutos Bodily li]ury SchrdulcdAutos (Per l rerwrij S i , Hirer AutoS Both'\ :I lure ' \or.-Gated Auttn accident), c Garage Llandtt Property Damage 3 j G c qc Agbregate c Umbrella Liabl ity Limit 5 Workers'Compensation Statutory and each accident S DLSCaSC hark t•npin\t.• Employers' Liability _ Disease-Pobc,Lmut Description of Operations/Ve}trcles Restncuons'Speaal Items' —I Certificate Holder Cancellation C'rr. of Kent Shoe ld.,n of the above desc,ill policies he cancelled before the exp1r1Co`1(13N Name P ITL. Rct_et{IlJl1 cC Comrnunit} Sin tee therm:" the Issuing corrpa'n v.ill ori& ) to mail 30 dass+srmen nocce to the I & 60C E Smith ST certificate h�]1er Tian,-d•o t:c left but ill to n all-,Ah r.ouce\ball I-tiaose no Address Ken[ 1�A 98030 0bl1ga,3o 1r1 ur dl)ll r, of al, 6md upora the coT-,ill Its agents or represcntathes .�othau rcC F.�prQSrurz . Sib-e 192 4 94 Copt Distribuden Service CL5,ill COp% and =geni S Cop% '�'I