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HomeMy WebLinkAboutPK17-007 - Original - Claudia Walker - Contract - 01/01/17 Records ' Ma s ' Wns eiNc*ox f t� y Document . =CO,NTRPCT COVERSHEET 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: Claudia Walker Vendor Number: 34962 JD Edwards Number Contract Number: 00 -7 This is assigned by City Clerk's Office Project Name: Sr Massage Description: ❑ Interlo ❑ Other: Contract Effective Date: 01/01/17 Termination Date: 12/31/2017 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, depenant on # of clients Approval Authority: ❑ Department Director ❑ Mayor ❑ City Council Detail:--(i.e.-addresses location-,-parcel--number;tax-id,-etc.-): As of: 08/27/14 Wns HINGTON � CONTRACTOR SERVICES AGREEMENT between the City of Kent and Claudia Walker THIS AGREEMENT is made between the,-City of-Kent, a'Washington municipal corporation (hereinafter the "City"), and Claudia Walker organized under the laws of the State of Washington, located and doing business at 5811 SE 231 A Unit 21-1, Kent, WA,98032(hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall,perform.,the,following,services.for.the City: Description: Massage Therapy Start Time/Duration/Stop Time: 9:30am-11:30am Day,Date,Year: Wednesday and Thursday,January 4-December 28,2017 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. II. COMPENSATION. The City shall pay Contractor the total sum of$34 per hour appointments for the work to be performed under this Agreement,upon satisfactory completion of 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. 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: Venue: Sound: Lights: Dressing Rooms: Technical Staff- 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. V1. 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 CONTRACTOR SERVICES AGREEMENT- 1 (Under$10,000—Larger Organization) f right of inspection and supervision to secure the satisfactory.completinn 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, riles, and regulations that are or may in the firture 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:avork,.shall be doneat 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 shalt 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 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,anypayments 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. 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. XIII. MISCELLANEOUS PROVISIONS. CONTRACTOR SERVICES AGREEMENT-2 (Under$10,000—Larger Organization) A. . F,Recyclable Materials. Pursuant-to Chapter,180 of.theXent,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 fiill 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, arties'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 VH 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 teens 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 SERVICESAGREEMENP-3 (Under$10,000—Larger Organkatron) i CONTRACTOR: CITY OF KENT: By. L r J j,I f..t. By: L7 (signature) (si tata e) Print Name: c Al>� 7 i tt I., v k i��tom. Print Name: Lori Ho an Its fi' 6) Its Recreation Suaerintendant ,(Title) (title) DATE: , -� o/ L' DATE: —f 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 CONTRACTOR SERVICES AGREEMENT-4 (Under 570,000—Larger OrganLation) i 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 Liabilitv 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 1heAggregate 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 ofInsurance."rThe City'reservestheright 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 ANIL 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 commencementofthe 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. ALLIED PROFESSIONALS INSURANCE COMPANY , A Risk Retention Group , Inc . American Massage Council'" i Declarations to Claims Made Professional Liability Policy Named Insured/Certificate Holder: Claudia J.Walker,L.M.T, Member Policy No: APIM-910337 Manter Policy, APIC-AMC-100 1 Preferred;Issued in CA Mauer Policy Held By: American Massage Council Professional Services: Massage Claims Reporting Basis: Claims Made Endorsement(s): M2001 (Massage) Exclusions: As stated in Section V of Endorsement to Policy Territory: United States—Subject to proper licensing in states where services are rendcrcd(see Exclusion A.6.) Professional Liability Policy Limits: $1,000,000 Each Claim/$3,000,000 Aggregate Covered Proceedings Limits: Total Annual Cost Basis: $99,00 (Premium-$33.15;Policy Fee-$5.85;Membership Fee-$60.00;Install Chrg-$0.00) Premium Based On: Annual Reporting Period Payment Plan: Annually Lapse Dates: From: To: Retroactive Date: - 8/2/2016 Policy Period: From: 8/2/2016 To: 8/2/2017 Please direct all inquiries to your brolcer Phone: (All dates are at 12:01 a.m.at address of Named Insured. Unless renewed,.coverage ends on the,Expiration Date.) General: This Declarations Page identifies the person(s) named herein as a named insured under the terms and conditions of a policy issued to the members of the American Massage Council . The terms and conditions of the policy apply to all members who hold a certificate of insurance. The terms and conditions of this certificate apply only to the person(s) named herein and the insurer. The Retrgactive Date listed above applies only to'146se attributes of coverage in pl'a'ce continuousl'y'sihce the inception of the Named Insured's Poligy. When changes to coverage are requested,including,but not limited to,changes in Limits,switching from Preferred to Elite,adding Professional Services,etc.;such changes are effective retroactively only to the date the change was approved by the Company. Coverage: Coverage is afforded to person(s) named herein as Named Insureds according to the terns and conditions of the Policy to which this certificate refers. No other rights or conditions, except as specifically stated herein, are granted or inferred. When your Claims Reporting Basis is"Claims Made",the Policy affords defense and damage coverage only for claims made against the Named Insured 1) arislitg from the performance of Professional services rendered subsequent to the Retroactive Date, and 2) made against the Named Insured and reported to the Company during the Policy Period, Please review the Policy carefully and discuss any questions regarding coverage with the insurance broker at(800)500-3930 Extended Coverage: If your Claims Reporting.Basis.is"Claims,Made'and.the,Policy.is..terminated,eitlrer.:by...you.or the Company,you may apply for Extended Coverage so that you can submit claims after your Policy Period ends for incidents that occurred during your Policy Period. An application for Extended Coverage must be received within thirty (30) days of termination-of your Policy, unless otherwise modified by any applicable State Mandatory Endorsement attached hereto. Notice: Report in writing within 48 hours any & all claims against you and any & all incidents that you believe may result in a claim against you,even if groundless,to American Massage Council, 1100 W.Town and Country Road,Suite 1400,Orange,CA 92868, Notice: This Policy is issued by your risk retention group. Your risk retention group may not be subject to all of the insurance laws and regulations of your State.State insurance insolvency guaranty(funds are nnnoott.aavtyailable foryour risk retentiong our. Countersigned by: Aur9miizedReprMntativve Pinfed:8/5R016 Pam 1 cfI Md001 f ALLIED PROFESSIONALS INSURANCE COMPANY , A Risk Retention Group , tncRI J U �ss�GE CpJ2 Endorsement To Claims-Made Professional Liability Policy Additional Insured Named Insured/Certificate Holder: Claudia J. Walker, L.M.T. Certificate No(s): APIM-9I0337 Name of Additional Insured(s): Kent Senior Center Separate Additional Insured Limits: None Annual Premium for Additional Insured: $10.00 (100% Fully earned at Inception) Payable: Annually Additional Insured Initial Effective Date: 8/2/2016 Additional Insured Current Effective Period: From; 8/2/2016 To: 8/2/2017 (Pates are at 12:01 a.m. at the Named Insured's address of record with the Company. Endorsements and any applications therefore-are part of the Policy,and subject to the limits 6fliaBility,exclusions,conditions and other terms of the Policy.) Notice: Extended Coverage for Additional Insured and Named Insured. If coverage for the Additional Insured is terminated either by the Named Insured or the Company,Extended Coverage may be purchased so that the Additional Insured may be covered for claims involving a covered incident by the Named Insured that occurred"during the period the Named Insured had Additional Insured coverage but where the claim was;submitted after such coverage terminated. Application must be received within 30 days of termination of Additional Insured coverage. (See Section VI of the Professional Liability Coverage Endorsement). However, the Extended Coverage for the Additional Insureq does not cover the Named Insured and will apply only if the claim is reported during the Policy Period or Extended Coverage Period of the Named Insured.. Neither the Additional Insured nor the Named Insured will be covered for claims submitted after the termination of the Named Insured's Policy, if the Named Insured fails to purchase Extended Coverage for the Named Insured's Policy within thirty (30) days of its termination, whether such policy termination takes place at the time of the termination of Additional Insured coverage or at a later date. Notice: Automatic Termination.Coverage for the Additional Insured shall automatically terminate upon 1)termination of the Policy of the Named Insured, whether termination is by the Narned,lnstired or by.tlic Compan m y;,or.2.) failure, premium aounts for addit)onal insured on or before due dates. Countersigned by: Authorized Representative ®Allied Prefesslonals Insurance SeMces,Inc. All Rights Reserved,Rev.9129l09 Printed:6/6/2016 M4002