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HomeMy WebLinkAboutPK16-347 - Original - Colleen MacIntyre - Contract - 09/01/16 'Records M a � �L./N t:u.. �...,W,s„,„.ro„ 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: Colleen MacIntyre Vendor Number:177264 JD Edwards Number I Contract Number: -dtp -- This is assigned by City Clerk's Office Project Name: Sr Fitness Description: ❑_Interlocal Agreement ❑ Change ,Order ❑ Amendment ❑ Contract ❑ Other: Contract Effective Date: 09/01/16 Termination Date: 12/31/16 Contract Renewal Notice (Days): 90 Number of days required notice for termination or renewal or amendment Contract Manager: Cindy Robinson Department: Parks Sr Center Contract Amount: Varies dependant on # of Students Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 KENT CONTRACTOR SERVICES AGREEMENT between the City of Kent and Colleen MacIntyre THIS AGREEMENT^is made,betweemthe City of Kent, a Washington municipal corporation (hereinafter the "City"), and Colleen MacIntyre organized under the laws of the State of Washington, located and doing business at 917 NE 63rd St 428 Seattle,WA 98115 (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall.perform the.following.services.forthe.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 (Tues and Thurs) (Stretch and Strengthening) 10:00 am- 11:00 am (Monday and Wednesday) (Aerobics) Day,Date,Year: Sessions: Class 1: Sept 7-28,2016(Aerobics) Class 2: Oct 5-Oct 31,2016 (Aerobics) Class 3 : Nov 2-Nov 30,2016(Aerobics) Class 4: Dec 5-Dec 21,2016 (Aerobics) Class 5: Sept 6-27,201610:15 AM Class (Stretch and Strengthening) Class 6: Oct 4-27,201610:15 AM Class (Stretch and Strengthening) Class 7 : Nov 1-30,2016 10:15 AM Class (Stretch and Strengthening,no class 11/3 or 1124) Class 8: Dec 1-22,2016 10:15 Class (Stretch and Strengthening) Class 9: Sept 6-27,2016 9:00 AM Class (Stretch and Strengthening) i Class 10: Oct 4-27,2016 9:00 AM Class (Stretch and Strengthening) Class 11 : Nov 1-30,2016 9:00 AM Class(Stretch and Strengthening,no class 1113 or 1124) � Class 12: Dec 1-22,2016 9:00 Class (Stretch and Strengthening) Event Location: Kent Senior Activity Center Contractor fiuther 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 $28.00 for Class 1,Class 5,Class 7, Class 8, Class 9, Class 11, and Class 12 per registered student, $32.00 for Class 2, Class 6, Class 10 per student; and $36.00 for Class 3 per student and $24.00 for Class 4 per registered student for the work to be performed under this Agreement,upon satisfactory CONTRACTOR SERVICES AGREEMENT- 1 (Under$10,000—Larger Organization) 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 L 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 tinder 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,arid,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. VH. 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 (told 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. VIIL 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 CONTRACTOR SERVICES AGREEMENT-2 (Under$'10,000—Linger Organization) i 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 thc•Agreeruent,amount,based upon the actual time of Contractor's performance compared to the contracted performance schedule. XII. 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. XHI. 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. 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 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 hereundenshall 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 ng 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 ftirther 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 CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000—Larger Organization) 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: F1 n 7 X_pD/By:( Yl LC t4Ae_. By: / (signature) Print Name: ee.n M(C J-r I Print Name: Lori Ho Its Its Recreation Superintendant (Title) DATE:cq • l 1 e DATE: 8 a C 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 L.C,MFUA\6.CUYIALL"1`AN.Y,Roreans Cnrvul,n 1panwnnVr4vpulMninrl g-AI�.IiMcIAM CONTRACTOR SERVICES AGREEMENT-4 (Under$10,000—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 It 85. 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 he 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 j mail, return receipt requested,has been given to the City. MACIC01 OP ID: B5 �c®�® CERTIFICATE OF LIABILITY INSURANCE DATE 6 � 2/18/2D16 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 CONTACT Bobbie Been '' NAME: InterWest Insurance Services PHONE 530-695-7010 me No: 530-895-1313 License#0801094 "' " ' aC—No Exl: P.O. Box 8110 E-MAIL Chico, CA 95927-8110 - AooREss: bbeeny@iwins.com ACE Program INSURERS AFFORDING COVERAGE NAIL9 BJSURERA:Philadelphia Ind. Ins. Co. 18058 INSURED Colleen Maclntyre INSURER B: 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 ADDL SUBR! POLICY EFF POLICY EXP LTR TYPE OFINSURANCE INSD "D POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS A LX COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR X PHPK1341999 03/01/2016 03/01/2018 PREMISES(EH ocurrence $ 100,000 Prof Liability PERFORM PIHF111195 03/01/2016 03/01/2018 RED EXP(Any one person) S 1,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 3,000,000 JECTPRO- POLICY❑PRO- LOC PRODUCTS-COMPIOPAGG $ 3,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMB $ Ea accitlenl ANY AUTO ., BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Peraccidenl $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ 1,000,000 A, X EXCESS LIAB Ll CLAIMS-MADE PHUB500945 03/01/2016 03/01/2018 AGGREGATE $ 2,000,00 DED RE-TENT ION$ It WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE I I ANY PROPRIETORAIARTNERIEXECUTIVE E.L.EACH ACCIDENT II OFFICERfMEMBER EXCLUDED? ❑ N/A (Mandatory,In NH) E.L.DISEASE-EA EMPLOYEE $ '.. If yes,describe under -- ---"— — ---- DESCRIPTIONOFOPERATIONSbelow E.L.DISEASE-POLICY LIMIT $ A Abuse/Molestation PHPK1341999 03/01/2016 03/01/2018 Each Occ 100,000 Aggregate 300,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached If more space is required) Certholder is added as EDO insured but only with respect to the operations of the named insured except for liability resulting from the add'] insured's sole negligence when required by written contract per form attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Kent Senior Center ACCORDANCE WITH THE POLICY PROVISIONS. 600 E Smith St Kent,WA 98031 AUTHORIZED REPRESENTATIVE i ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PHPK1341999 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 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): Kent Senior Center 600 E Smith St Kent,WA 98031 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III— Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury" required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. In the performance of your ongoing operations; 1. Required by the contract or agreement; or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you, whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the insured only applies to the extent permitted by Declarations. law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 I