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Home My WebLink AboutPK2011-0479 - Extension - Curtis Marsten - Fall Quarter 2011 - Japanese Swordsmanship - 09/19/2011 Records Management� � KENT wA,„„a,,, 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 Clerks Office. Vendor Name: &,U*6 mQ/rU J Vendor Number: &4rJ!57 JD Edwards Number Contract Number: ��1 1 a-7 This is assigned by Deputy City Clerk s i Description: Class Instruction- Fall Quarter - 2011 Detail; 1 { 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-Prgm. Coordinator Department: Parks- Kent Commons Abstract: S Public\RecordsManagement\forms\ContractCover\ADCL7832 07/02 KENT W..SNIH OTON PERSONAL SERVICES AGREEMENT between the City of Kent and Curtis Marsten THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Curtis Marsten organized under the laws of the State of Washington, located and doing business 20825 6th Ave South, Des Moines, WA 98198 (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Fall Ouarter 2011 Kendo - Japanese Swordsmanship - - Youth/Adult Beginning: 7:00 - 7:50 p.m. - Mondays: September 12- December 12 Continuing: 8:0o - 8:50 p.m. - Mondays - September 12 - December 12 Advanced: 7:10 - 9:10 p.m. - Wednesdays - September 7 - December 14 (No class 10/31) Min. # 5 Max. # 25 - Kent Commons - Green River Room 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%) 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) 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 KENT: ( " n tur ) (stgnatu Print Name: ��,4&L� Print Name: Lori Ho an Its _ lAz5-r vClr — -- -Its: Recreation & Cultural ices SL=rintendant — (Title) (Ti le) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: ZlYr� b Tammy Heldt - Kent Commons 2R Z10& e 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:\Civi I\FORMS\CONTRACT\Ke ntNetContracts\Consu ItantAgreements\Pa rksInstructorAg r-Underl OK.doc CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000—Instructor) LLk ;i DATE(MM/DD/YY) �A•CORD2 'CERTIFtCATE OF LIABILITY INSURANCE 2/23/2011 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION FOR SERVICE CALL: ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER FRANCIS L. DEAN&ASSOCIATES, INC. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 1776 S NAPERVILLE RD,BLDG B COVERAGE AFFORDED BY THE POLICIES BELOW P O BOX 4200 COMPANIES AFFORDING COVERAGE WHEATON, IL 60189 (800)745-2409 COMPANY STARR INDEMNITY&LIABILITY COMPANY www.fdean corn INSURED SPORTS AND RECREATION PRO ER ASSOCIATION (PURCHASING GROUP)AND IT PARTICIPATING MEMBERS COMPANY B All United States Kendo Federation 2375 S Eudora St COMPANY Denver, CO 80222 CERT #P2GL-120382-03 C COMPANY D 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,NOTWITHSTANDING 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 CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIODIYV DATE MMIDD/YY LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 00 A X COMMERCIAL GENERAL LIABILITY DUCTS-COMP2PAGG $ 2,000,00000 CLAIMS MADE OCCUR P2GL-100000-03 4/1/2011 4/112012y PER NAL& VININJURY $ 1,000,000 00 OWNER S&CONTRACTOR'S PROT HOCCURRENCE $ 1,000,00000 X INCLUDES ATHLETIC FIRE DAMAGE(Any one fire) $ 300,00000 PARTICPANTS MED EXP(Any one person) $ 5,00000 AUTOMOBILE LIABILITY $ ANY AUTO COMBINED SINGLE LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNEDAUTOS (Peracndenp $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO CNLY-EAACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKER'S COMPENSATION AND We STATU oTH EMPLOYERS'LIABILITY TOR LIMITS ER EL EACH ACCIDENT $ THEPROPRIETORI INCL EL DISEASE-POLICY LIMIT $ PARTNERSIE ECUTIVE $ OFFICERSARE EXCL EL DISEASE-EA EMPLOYEE OTHER DESCRIPTION OF OPERATION SILOCATIONSIVEHIC LESISPECIAL ITEMS THE BELOW ENTITY IS ADDED AS ADDITIONAL INSURED BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF OPERATIONS OF THE ABOVE NAMED INSURED DURING THE POLICY TERM CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED /City Of Kent BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL v Kent Commons Recreation Center ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE 525 4th Ave N SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Kent,WA COMPANY,ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE (Francis L. (Dean 'ACORD 25-S(1196j``t' "" '._ bACORD CORPORATI