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HomeMy WebLinkAboutPK14-008 - Original - Colleen MacIntyre - Senior Fitness Classes - 03/24/2014 Records Management \-1147KENT Document JJNSHIHGTON 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: 1 - a-c —Liles AYc- Vendor Number: 2LU ] JD Edwards� 1 Number Contract Number: ^ `q,, Oo i This is assigned by City Clerk's Office Project Name: �e2��E &6c& Ss C 4 SSQJ Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment [] Contract ❑ Other: Contract Effective Date: y- - 1 l Termination Date: 9 31 - 4 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or'2d�tn5 amendment� Contract Manager: Co. f Department: ��_ (` {r, I�o- rfk y4� Detail: (i.e. address, location, parcel number, tax id, etc.): S Pub lic\Records Ma nag am ent\Forms\ContractCover\adcc7832 1 11/08 KENT WASHINGTON CONTRACTOR SERVICES AGREEMENT between the City of Kent and Colleen MacIntvre 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 State of Washington, located and doing business at 917 NE 63`d St 428 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: April 2-30,2014(Aerobics) Class 2: May 5- 12, 28 (Aerobics) Class 3 : June 2-30,2014(Aerobics) Class 4: July 2-30,2014 (Aerobics) Class 5: August 4-20,2014 (Aerobics) Class 6: April 1-29,2014 10:15 AM Class(Stretch and Strengthening) Class 7 : May 1-13 &,27-29,2014 10:15 AM Class (Stretch and Strengthening) Class 8: June 3-26,2024 10:15 AM Class (Stretch and Strengthening) Class 9: July 1-31,2014 10:15 AM Class (Stretch and Strengthening) Class 10: Aug 5-21,2014 10:15 AM Class(Stretch and Strengthening Class 11: April 1-29,2014 9:00 AM Class(Stretch and Strengthening) Class 12: May 1-13 &,27-29,2014 10:15 AM Class (Stretch and Strengthening) Class 13: June 3-26,2024 9:00 AM Class(Stretch and Strengthening) Class 14: July 1-31,2014 9:00 AM Class (Stretch and Strengthening) Class 15: Aug 5-21,2014 9:00 AM Class (Stretch and Strengthening) Event Location: Kent Senior Activity Center CONTRACTOR SERVICES AGREEMENT- 1 (Under$I Q,000—Larger Organization) 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 sum of $33 75 for Class 1, Class 3, Class 4,Class 6, Class 11,per registered student, $15 00 for Class 2, per registered student. $22.50 Class 5,Class 7 and Class 10, class 12. class 15,per student; $37.50 for Class 9 and Class 14 and $30 00 for Class 8 and Class 13 per student for 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 be adjusted to reflect the actual number of sessions taught. 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 The City shall also provide ushers, house manager, and box office staff and any additional services and personnel as required, for the efficient operation of the engagement. 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. 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 SERVICES AGREEMENT-2 (Under$10,000—Larger Organization) r. 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 parry 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 XH. IMPOSSIBILITY 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 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. 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 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 full force and effect. CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000—Larger Organization) C. Resolution of Dilutes 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 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. E Assignment. 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. IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By. By: (signature sagn e) Print Name:63 Print Name: Lori an Its \ Its Recreation Superintendant DATE: � 3— � 4_ratle) ' DATE: CONTRACTOR SERVICES AGREEMENT-4 (Under$10,000—Larger Organization) r. NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Cindy Robinson-Parks Program Coordinator Kent Senior Activity Center City of Kent 220 Fourth Avenue South (telephone) Kent,WA 98032 (facsimile) (253) 856-5162 (telephone) (253) 856-6150 (facsimile) APPROVED AS TO FORM: Kent City Attorney P Cml FORMSCONiBACfNM[.aCoaruYComu4eMAgxmmYPuk.Pm(rconN B10.UMw1UILJx CONTRACTOR SERVICES AGREEMENT-5 (Under S10,000—Larger Organization) EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS FOR PARKS 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 11 85 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liabilitv 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. MACIC01 OP ID: B5 ATE(MMiDDNYYY) CERTIFICATE OF LIABILITY INSURANCE D03106/2014 -�-' 03/06/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN 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) PRODUCER Phone 530-895-1010 CONTACT Bobbie Been InterWest Insurance Services Fax:530 895-1313 PHONE FAX License#OB01094 A c No, Ext 530-895-1010 ac No 530-895-1313 P.O Box8110 Chico, CA 95927-8110 ADDRESS bbeeny@iwins.com ACE Program INSURER(S)AFFORDING COVERAGE NAIC# INSURERA Philadelphia Ind Ins. Co. 18058 INSURED Colleen Maclntyre INSURER 917 NE 63rd St Apt 28 Seattle,WA 98115-5544 INSURERC• 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 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 INSR TYPE OF INSURANCE ADDL UBR POLICY NUMBER MMIDD/YYYY MMPOLICY EFF L ICY EXP LTR DDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X PHPK1031348 03/01/2014 03/01/2016 DAMAGE 100 000 PREMISES Ea occurrence ,$ CLAIMS-MADE FXI OCCUR MED EXP(Any one person) $ 1,00 X Prof Liability PER FORM PIHF1 11/96 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN1 AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $ 2,000,00 X POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Per accident UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 1,000,00 A X EXCESS LIAR CLAIMS-MADE X PHUB423539 03/01/2014 03/01/2016 AGGREGATE $ 1,000,00 DED X RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN T RY LIMIT ANY PROPRIETOR/PARTNERIEXECUTIVE E L EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? 71 N I A (Mandatory In NH) EL DISEASE-EA EMPLOYEE $ Il yes descnhe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ A Abuse/Molestation PHPK1031348 03/01/2014 03/01/2016 Each Occ 100,00 Aggregate 300,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Certificate holder is added as additional insured but only with respect to the operations of the named insured except that liability resulting from the additional insureds sole negligence. See attached CG2026 07 04. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS 220 4th Ave South Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER' PHPK1031348 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s)or Organization(s) City of Kent 220 4`h Ave South Kent, WA 98032 Information required to complete this Schedule, if not shown above, will be shown in the Declarations Section 11—Who Is An Insured Is amended to include as an additional insured the person(s) or organi- zations)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 omis- sions of those acting on your behalf: — A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1