HomeMy WebLinkAboutPK14-020 - Original - Colleen MacIntyre - Senior Excercise Class - 01/06/2014 Records Mana-gemen' t-
I� IV�fi 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:
Vendor Number: R g v
JD Edwards Number
Contract Number: Pei w l- 2
This is assigned by City Clerk's Office
Project Name: L
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
O Other:
Contract Effective Date: Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager;(', ODepartment:
Detail: (i.e. address, location, parcel number, tax id, etc.):
S:Public\RecordsMarag=_mert\Fcrms\ContractCover\adcc7832 11/08
KEI T
'NPiIIINGTG�
CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
Colleen Maclntyre
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and Colleen Maclntyre organized under the laws of the Stale of Washington, located and doing business at 917
NE 6-3"1 St#28 Seattle, WA 98115 (hereinafter the "Contractor").
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Description: Stretch and Strengthening Instruction/Aerobic instruction
Educational Outreach: Fitness Classes
Start Time/Duration/Stop Time: 9:00 am-10 am; 10:15-11:15 am (rues and Thurs) (Stretch and Strengthening)
10:00 am- 11:00 am (Monday and Wednesday) (Aerobics)
Day,Date,Year: Sessions:
Class 1: January 6-27,2014 (Aerobics) (No class 1/20)
Class 2: Feb 3-March 5,2014 (Aerobics,No Classes Feb 24,26& March 3)
Class 3 : March 10-31,2014(Aerobics) (No class on 3/26)
Class 4: Jan nary 7-28 10:15 AM Class (Stretch and Strengthening)
Class 5: Feb 4-Mar 6 10:15 AM Class (Stretch and Strengthening)
No Class Feb 25,27 &March 4
Class 6: March 11-25,2014
10:15 AM Class (Stretch and Strengthening)
Cass 7 : January 7-28 9:00 AM Class (Stretch and Strengthening
Class 8: Feb 4-Mar 6 9:00 AM Class (Stretch anti Strengthening)
No Class Feb 25,27 & March 4
Class 9: March 11-25,2014
9:OOAM Class (Stretch and Strengthening)
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.
CON TRACTOR SERVICES AGREEMENT- I
(Under S10,000—Larger Organi'atron)
II. COMPENSATION.
The City shall pay Contractor the sum of $22.50 for Class 1, Class 2, Class "s, per registered student, $26.25 for
Class 4, Class 5,Class 7 and Class 8, per student; and $18.75 for Class 6 and Class 9 per sludentfor the work to be
performed under this Agreement, upon satisfactory completion of all services and requirements specified in this
Agreement. Compensation is based on successful completion of the entire class or program. In the event of inclement
weather or other unforeseen circumstances that require a class to be cancelled, it will either be reschedule or compensation
will Fie adjusted to reflect the actual number of sessions taught.
IIL 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
relea;ed 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 L The City shall also provide ushers, house manager,
and l ox office staff and any additional services and personnel as required, for the efficient operation of the engagement.
Othef 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
applul.able 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.
VIL 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.
CONTRACTOR SERVICES AGREEMENT-2
(Under$70,000—Larger Organization)
IX. IISE OF CITY MATERIALS. Contractor shall riot, 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
Declriration, 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.
XIL IWOSSIBH ITY OF PERFORMANCE. Outdoor performances are considered "rain or shine." In the
event that extreme inclement weather renders an outdoor performance impossible, the City will attempt to arrange an
alternate performance space and Contractor will employ its best efforts to provide the contract work in that alternate
performance space. The Contractor shall be under no liability for failure to perform in the event that such failure is
eaus6d 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 ill this section, neither party shall be liable for the
balance of the Agreement.
XIII. MISCELLANEOUS PROVISIONS.
A. Rec, calle_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 this 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 fill[ force and effect.
C. Resolution of Disputes and Governing Law. "Phis 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 VII 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.
CONTRACTOR SERVICES AGREEMENT-3
(Under$10,000—Larl,er Organization)
E. Assiument. 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
staterents shall not be effective or be construed as entering into or forming a pail 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 thl; Exhibits to this Agreement conflict with any language contained in this Agreement, the terns of this Agreement
shall prevail.
H. Compliance with haws. 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
pers6nnel engaged in operations covered by this Agreement or accriring out of the performance of those operations.
IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date
entered below.
CONTRACTOR: CITY OF KENT:
By: By: ---
(stgnalure) ( gn we)
Print Name: 60_ 1(c vl _K_ CcC-Tdl r(Z- Print Name: Lori an
Its _ _ Its Recreation Supenntendant
(Title)
DATE jZ-319 ^ 13 .__ DATE:_
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF DENT:
Cindy Robinson-Parks Program Coordinator
Kent Senior Activity Center
City of Kent
220 Fourth Avenue South
(telephone) (Cent, NVA 98032
(facsimile) (253) 856-5162 (telephone)
(253) 856-6150 (facsimile)
— - APPROVE,DASTOFORM:
Kent City Attorney
CONTRACTOR SERVICES AGREEMENT-4
(Linder.810,000-Larger Organization)
CER T IFICAT OF LIABIL ITT INSURANCE CAT 02!22D/YYYY)
02,122/13
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE COES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES N07 CONSTITUTE A CONTRACT EETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu Of such endorsement(s).
PROCUCER Phone: 530-895-1010 cGNTACT
InterWest Insurance Services NaME: Bobbie 8eenv
(License#OBO10B4 Fax: 530-895-1313 1A,C,N Ea:530-895-1010 � laic,Ne: 530-895-1313
P.O.Box 8110 1 --MAIL bbeen
Chico, CA 95927-8110 ADDRESS: y iwins.corn
(ACE Program PRooucER MACIC01
g CUSTOMER 10
NSURER(SI AFFORDING COVERAGE NAICS
INSURED Colleen Maclntyre INSURERA:Philadelphia Ind. Ins. Co. 18058
917 NE 63rd St Apt 28
Seattle,WA 96115.5544 INSURER 6:
INSURER D
INSURER D
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER? REVISION NUMBER:
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 REOUIRENiENT, 7ENM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORCED 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.
INSR ADDL SUB
LTR I TYPE OF INSURANCE mtoPOLICY NU MEER WMIODIWYY),WNIIDUmYY LIMITS
GENERAL LIABILITY EACH OCCURRENCE .S 1,000,000
X COMMERCIAL GENERAALLLLIA3ILITY X PHPK576912 03/20113 03120/14 DAMAGE TC RENTED
R OCCUR PREMISES(Ea occv rence) $ 1000OO
CLAIMS-MPDE _J MED EXP(.4ny one person) S 1,GG0
X Prof Liability PER FORM PIHF1 11/95
PERsordALaAov wJURY $ 1,OOA,000
--L GENERAL AGGREGATE $ 2,000,000
N'LAGGREGPTE LIMITAPPL'ES PER; PRODUCTS-COMPIOPAGG 3 Z,000,000
X POLICY PRt° LOC "
AUTOMOBILE LIABILITY (Ea
ALL OWNED AUT OS COMBINED SINGLE UMT
ANY AUTO acuCen[) 3
_ I... _
I J1 BODILY INJURY(Par persorJ l$ �
N
B OC ILY INJURY;cer acgOanIJ3
HIRED IDALTOS ULEC ALTOS S
'' ?ROF ERT"DAMAGE
(PeraccidenD
,VON-OWNEDA.UTOS $
UMBRELLA LIAR OCCUR EACH OCCURRENCE 3
A 1,OOC,OOG
)( EXCESS LIAa i C'JJMS-MADE AGGREGATE $ 1,000,000
X �PHUB309273 03lOV13 03f01114
DEO'JCTIBLE
X RETENTION S
,Vn, IERSEMPLOYEES'
OMP LI ATIOAND N T—Oa STATJ OTH-
R/MEMBER EXIN
RTUEEDXEOJT'VE Y�iN1A � -�CPFICE -
�J E. J+CH ACCIDENT 3
IMand t ryestade
NH, c
Ity s dc Ite ^ r E.L DISEA-
I - EA e\IPLCYEE 3
OESCR:PTICN OF OPERATIONS beow E.L.9 EASE O ICY LIMIT S
A AOuse/Molestaticn PHPK571112 03i20i13 03i20/14 Each Coo 100,OG0
I (Aggregate 300:000
DESCRIPTION DF OPERATIONS I LCCATIC.VS/VE4ICLE5 (Attach ACORD 101,Atldi[lonal Remarks Bcnetlule,if more apace is rsquiretl)
Certificate holder �s added as additional insured but only with respect to
the operations of the named insured except that liabilityresultingfrom the
additional insurads sole negligence. See attached CG202 07 04,
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY CF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE I1011L BE DELIVERED INI
City Of Ken'; .ACCORDANCE INITH THE POLICY PROVISIONS,
220 4th Ave So•ith
K s'lt YIJA 98C32 AUTHORIZED REPRESENTATIVE
l 1
Jr^,r�-1_ _ u 193 8-20'J° C r.ORD G RPCO RS,T10N, A:'li0r' z -- ,_�.
POLICY NUMBER: PHPK576912 COMMERCIAL GENERAL LIABILITY
CG 24 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE P,EAD IT CAREFULLY,
ADDITIONAL. INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurarce provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Personls) or Organizations)
City of Kent
220 4`h Ave South
Kent, WA 98032
L-Informaticr required to complete this Schedule if not shown above will be shown in the Declarations
Section II—Who Is An Insured is amended to include
as an additional insured the person(s) or organi-
zation(s) shown in the Schedule, but only with respect
To liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in whole or
In part, by your acts or omissions or the acts or cn fis-
sions of these acting on your behalf:
A. In the performance of your ongoing operations; c,
G. In connection with your premises owned by or
rented to you.
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