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Home My WebLink AboutPK2011-0468 - Extension - American Colleges of Mixed Martial Arts - Fall Quarter 2011 - Karate Classes - 09/19/2011 Records Management KENT Document WASMINOTON 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. LVendor Name: / Vendor Number: �-�JD Edwards Number Contract Number: This Is assigned by Deputy City Clerk Description: Class Instruction- Fall Quarter - 2011 Detail: 9� ( 5 V Project Name: n a Contract Effective Date: 9/9/2011 Termination Date: 12/31/2011 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•Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02 KENT PERSONAL SERVICES AGREEMENT W1!"I"OTOY 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: Fall Ouarter 2011 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) Page Two - American Colleges of Mixed Martial Arts, Do or Dye, Inc.- Fall Quarter 2011 Tiny Tigers - 4.00 - 4:45 p.m. Tuesdays September 6-27, October 4-25, November 1-22, Nov29-Dec 20 Thursdays September 8-29, October 6-27, November 3-Dec 1, Dec 8-29 Karate for Children Ages 5-6 Monday 4.00- 4.45 p.m. September 5-26, October 3-24, November 7-28, December 5-26 Wednesday. 4.00-4.45 p.m. Sept' 7-28, October 5-26, November 2-23, December 7-28 Ages 7-10 Thursdays. 5.30 - 6:15 p m. September 8-29, October 6-27, November 3-December 1, Dec 8-29 Saturdays: it 00 - 11:45 a m. September 10-October 1, October 8-29, November 5-26, December 3-17 Aaes 11-13 Tuesdays- 4 45 - 5:30 p.m. September 6-27, October 4-25, November 1-22, November 29-Dec 20 Karate for Home School Ages 4-8 Wednesdays- 2:00 - 2.45 p m. September 7-28, October 5-26, November 2-23, December 7-28 Ages 9-14 Wednesday: 2:45 - 3:30 p.m. Beginnino Aikido Mondays- 6:15 - 7:15 p.m. September 12 - November 14 Womens Self Defense Saturdays September 10, October 8, November 12 2.00 - 4.00 p.m. Martial Arts 40+ Thursdays September 8-29, October 6-27, November 3-December 1, Dec.5-29 7.00 - 8:00 p.m Cardio Kickboxing - Monday/Wednesday September 7-October 8, October 5-31, November 2-28, Dec. 5-28 6:15-7 00 p.m. Pilates Mondays 5:30 - 6:15 p.m. September 5-26, October 3-24, November 7-28, December 5-26 Saturdays, 10.15 - 11 00 a.m. September 3-24, October 1-22, October 29, November 19 November 26-December 17 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 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) 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 KENIT�: By: By: (signatur (signa r Print Name: i Print Name: Lori Ho a Its —1�f lyg Ea n Y Its: Recreation &Cultural Services-Superintendan --rt-- � U (Title) DATE: C1 I 1�e I I I DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: AirO 00M eUVACS 04r- MMh Tammy Heldt - Kent Commons Z .Au.bU{Yl N, City of Kent U.[n, JAIA cl UZ 220 Fourth Avenue South Kent, WA 98032 Lf (telephone) (facsimile) (253) [856-5000] (telephone) (253) 856-6000 (facsimile) APPROVED AS TO FORM: Kent City Attorney P:\Civi I\FORMS\CONTRACT\KentNetContracts\Consu Ita ntAg reements\Pa rksInstructorAg r-U nderl OK.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. i i ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD1YYYy) TM 09/22/2010 PRODUCER Phone(Sol 395-8075 Fait(866)422-6579 THIS CERTI FICATE IS ISSUED AS A MATTER OF IN FORMATION 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 NAIC# Agency Lice D37764 INSURED INSURERA Philadelphia Indemnity Insurance Company 10058 Do or Dye Inc NSURER B OBA American Colleges of Mixed Martial Arts 4210 Auburn Way N NSURER C Ste 5Aubum, WA 98002 JINSURER D NSURER 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR I1, MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGRREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR DOL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE PO PIMTION LIMITS LTR NSR DATE(MMIDDNYI ATE(MM/ODeYY) GENERAL LIABILITY PHPK579582 1711112111 0710112011 qC OCCURRENCE 1,000,000 X COMMERCIAL GENERAL LIABILITY EeacmrenOeRENTED PREMISES 100,000 DIELAIMS MADE IXIOCCUR MED EXP(Anyone person) 2,500 A X X PROFESSIONAL LIABILITY f,� PERSONAL B ADV INJURY 1,000,000 YA 7 , ENERALAGGREGATE 3,000,00 ' rEI]IL AGGREGATE LIMIT APPLIES PER 6 RODUCTS-COMP/OP AGG 3,000,00POLICY PROD OC ' CT UTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO Es accident) $ ALL OWNED AUTOS 30DILY INJURY SCHEDULED AUTOS Per person) HIRED AUTOS 30DILY INJURY ON-OWNED AUTOS Per accident) ROPERTYDAMAGE Per accident) GARAGE LIABILITY NUTO ONLY-EA ACCIDENT NY AUTO DTHER THAN EA ACC UTO ONLY AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE ::]OCCUR OCLAIMS MADE AGGREGATE I 1 EDUCTIBLE ) ETENTION$ WORKERS COMPENSATION AND EMPLOYERS' C TAN-TORY THEIR IMITS YCEWMEETOREXCLUEFJEXECUTIVE EACH ACCIDENT FFICERMIEMBER EXCLUDED' f yes,desrnbe ender SPECIAL PROVIS DNS bebw EL DISEASE-EA EMPLOYEE L DISEASE-POLICY LIMIT THER DESCRIPTION OF OPERATIONS/LOCATIONSNEHIC LES)EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS J It Is understood and agreed that the foiloMling entity Is added as an additional Insured but only as respects the operations of the named Insured except that liability resulting from the additional Insureds sale negligence CERTIFICATE HOLDER CANCELLATION Columbia Virtual Academy SH04LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 034E Huffman Road / EXPII ATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 Valley,WA,99181 V DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE OBLIGATION OR LIABILITY OF ANY KIND UPON HErINSURERER,ITS AGENTS OR REPRESENTATIVES ESENTATIVES AUTHORIZED REPRESENTATIVE ttentlon � I ACORD 25(2001/2) Certificate# 84562 ACORD CORPORATION 1988 F