HomeMy WebLinkAboutPK16-469 - Original - Skip / Children's Therapy - Contract - 01/01/2016 KENT
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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: � M
Vendor (Number: '
ICE Edwards Number
Contract Number: ' - t'
This is assigned by City Clerk's Office
(Project Name: inter uarter 16 - Program Guide Instructor
Description: ❑ Interlocal Agreement ® Change Order ❑ Amendment ❑ Contract
❑ Other:
Contract Effective [date: 01/16 Termination mate /16
Contract Renewal Notice (days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Tammy Heldt (Department: Parrs Recreadon/Kent Commons
Contract Amount: under 10 00: O service contract agreement
Approval Authority: (CIRCLE ONE) Recreation Superintendant City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Class Instruction - Recreation Division
As of: 08/27/14
40
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W.S.- -
PERSONAL SERVICES AGREEMENT
Between the City of Kent and
SKIP/Childrens Therapy Center
AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"),
and SKIP/Childrens Therapy Center organized under the laws of the State of Washington, located and doing
business at 10811 Kent- Kangley Road, Kent, WA 98031 (hereinafter the "Contractor").
1. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Winter Ouarter 2016
See Page Two — Class Schedule
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 detail's of its work, the City being interested only in the results obtained under this Agreement.
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 S10,000—histruclor,)
Page Two - Winter Quarter 2016
SKIP - SKIP/Childrens Therapy Center
Play Time Pals
Ages 20-36 months
Monday January 4 - February 8, February 22 - March 28 * No class 1/18
9:00 - 10:30 a.m.
Tuesdays
9:00 - 10:30 a.m. January 5 - February 9, February 16 - March29
Wednesday
9:00 - 10:30 a.m. January 6 - February 17, February 24 - March 30 * No class 2/3
Thursday
9:00 - 10:30 a.m. January 7 - February 11, February 28 - March 31
Ages 24-42 months
Mondays
11:00 - 12:30 p.m. January 4 - February 8, February 22 - March 28
Tuesdays
11:00 - 12:30 p.m. January 5 - February 9, February 16 - March 29
Wednesdays
11:00 - 12:30 p.m. January 6 - February 17, February 24 - March 30 * No class 2/3
Thursdays
11:00 - 12:30 p.m. January 7 - February 11, February 18 - March 31
Spanish Play Grou»
Thursdays
1:00 - 2:30 p.m. January 7 - February 11, February 18 - March 31
CONTRACTOR SERVICES AGREEMENT
(Under$10,000-Instructor)
Exhibit A
Insurance&Indemnity Requirements for Cultural Performance 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
Contractors Commercial General Liability insurance policy with respect to the work performed
for the City using ISO additional insurance 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
operation 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 Contractors' insurance coverage shall be primary insurance as respect to the City.Any
Insurance,self-insurance,or insurance pool coverage maintained by the City shall be excess of
the Contractors insurance and shall not contribute with it.
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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.
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 Contractors 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 A:VII
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 insured's under its policies or shall furnish
separate certificates and endorsements for each subcontractor.All coverage for subcontractors
shall be subject to all the same insurance requirements as stated herein for the Contractor.
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:
.v By:
( ignai jsinLrl�'a
Print Name: Print Name: Lori Hn
Its6octu Tuik a ch'g( � �� Its: Recreation & Cultura Services Superintendant
(Title) (Title)
DATE: f` I �` �ln DATE:_ _1Lj
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
f) �SCh Tammy Heldt - Program Coordinator
p-Vlt Ir�t,/ ll 1 City of Kent
l 525 4th Avenue No.
Kent, WA 98032
�(a::05 1l (telephone) (253) [856-5000] (telephone)
(facsimile) (253 856-6000( (facsimile)
APPROVED AS TO FORM:
Kent City Attorney
P:\Civil\FORMS\CONTRACT\KentNetContracts\ConsultantAg reements\ParksInstructorAgr-UnderlOK.doc
CONTRACTOR SERVICES AGREEMENT-3
(Under$10,000—Instructor)