HomeMy WebLinkAboutPK14-349 - Original - Jaye Crouse - Winter Program Instructor: Jazzercise - 01/02/2014 PIT
Sri✓�/%�jj r'���//��il yg/ �������� vi
�i
�,�. 0 Records M
e rn en"Li,
%/,
WASH I N G Y!S,M 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.
f you have questions, please contact City Clerk's Office.
Vendor Name: , ,
Vendor Number:
ID Edward's Number
Contract Number: 14 ` N 1�
w� v
This is assigned by C' wK�I� foi e
j 61x n Guide Instructor
Project Nam � " �dnter I�ro
Desripti n Tnterloca� 'grement El Change Order El Amendment Ctract
Contract Effective date: 1/1-4 Termination Bate 3/1
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Tammy Heldt Department: Darks .ecreatjo.n/Kent Commons
Contract Amount: under $10,000 service/contract agreement z
Approval Authority: (CIRCLE ONE) C7e artm [�� o� Mayor City Council
Detail: (i.e. address, location, parcel n �t_a c
Class instruction - Recreation Division
As of: 08/27/14
r
v
KENT
WASHI"OTON PERSONAL SERVICES AGREEMENT
between the City of Kent and
Jaye Crouse
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and Jaye Crouse organized under the laws of the State of Washington, located and doing business at 6331
Stuart PI. SE, Auburn, Wa. 98092 (hereinafter the "Contractor").
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Winter Quarter 2014
Jazzercise Tuesday/Thursday — 9.15-10.15 a.m. & 6.45-7.45 p.m.
January 2-30, February 4-27, March 4-27
Jazzercise — Saturday — 9:00-10:00 a.m.
January 4-25, February 1-22, March 1-29
Kent Commons Min. #5 Max #25
No class 3/18, 3/20 (floors)
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 details of its work, the City being interested only in the results obtained under this Agreement.
V. 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 satisfactory completion. Contractor agrees to cooperate in this
evaluation process.
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
CONTRACTOR SERVICES AGREEMENT
(Under$10,000—Instructor)
EXHIBIT A
INSURANCE &-INDEMNITY REQUIREMENTS FOR
CUIITU AL-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 toe 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 fonn 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-contrdet.The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO fonn CO 25 03 1185. There shall be no
end'orsement 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 fo the work performed for the City using ISO additional
insured endoisement CG 20 10 1135 or a substitute endorsement t
providing equivalent coverage.
B. Miiftum Amounts of Insurance.
Contractor shall maintain le following insurance limits:
1. Commercial General Liability insurance sliall 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 I
mail,return-receipt requested,has been given to the City.
V
11AHIM 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 requited insurance policies. The Contractor's Commercial General Liability
insurance shall also contain a Claude stating that covers.ge 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,
A 'Acceptabilityo£Iusurers
Insurance is to be-placed with insurers with a current:A.M.Best rating of not less-than.
A:Vll t
. Verification of Covexage
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. ' ..
T. „ Subcontractors
Contractor shall include all subcontxactois 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.
1
I
j
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. i
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 i
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 j
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)
0,
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:
By: By:
g n, t u re
(S Print Name: Lori ( gat re,
Print Name:_a",P, H
s It 'T-1,2 ci_("i Its: Recreation & Cultural Services Superintendant
(Title) (Titl-)
DATE: ia), 3 1?............. DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT' TO:
CONTRACTOR: CITY OF KENT:
Tammy Heldt - Program Coordinator
City of Kent
525 4 1h Avenue No.
Kent, WA 98032
-(telephone) (253) [856-5000] (telephone)
(facsimile) (253) (856-6000 (facsimile)
APPROVED AS TO FORM:
Kent City Attorney
P:\Civil\FORMS\CONTRACT\KentNetContracts\Con!sultantAgreements\ParksInstructorAgr-UnderlOK.doc
CONTRACTOR SERVICES AGREEMENT-3
(Under$7 0,000--Instructor)