HomeMy WebLinkAboutPK15-431 - Original - SKIP/Childrens Therapy Center - Winter Quarter 2015 - Play Time Pals - 01/05/2015 "?gv////ice�i�%�%
Re cord s M a 0
;
ENTDocument
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.
Vendor Number:
JD Edwards lumber
Contract Number: I�5- 1 ,0 0
This is assigned by City Clerk's Office
Project dame: Winter uarter 2015 - Program Guide Instructor
Description: ❑ Tnterlocal Agreement ❑ Chiange Order D Amendment ❑ Contract
El Other:
Contract Effective mate: 1./15 Termination late / 5
Contract Renewal Notice (days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Tammy Heldt Department: Parks Recreation/Kent Commons
Contract Amount: under $,10,000 service contract agreement.
Approval Authority: (CIRCLE ONE) Recreation Superintendant City Council.
Detail: (i.e. address, location, parcel number, tax id, etc.):
Class insti°.action .... Recreation Division
As of 08/27/14
s
KENT
W.S .-OT0.+
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").
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Winter Ouarter 2015
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 details 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—Instructor)
Page Two - Winter Quarter 2015
SKIP - SKIP/Childrens Therapy Center
Play Time Pals
Ages 20-36 months
Monday January 5 - February 9 (No class 1/19, 2/16)
9:00 - 10:30 a.m February 23 - March 30
& 11:00 - 12:30 p.m
Tuesdays
9:00 - 10:30 a.m. January 6 - February 10
& 11:00 - 12:30 p.m. February 17 - March 31
Wednesday
9:00 - 10:30 a.m. * January 7 - February 11 (No class 2/4)
& 11:00 - 12:30 p.m. February 18 - March 25
Thursday
9:00 - 10:30 a.m. January 8 - February 12
11:00 - 12:30 p.m. February 19 - March 26
CONTRACTOR SERVICES AGREEMENT
(Under$10,000-Instructor)
EXHIBIT A
INSURANCE &'INDEMNITY REQUIREMENTS FOR
CUDTMA.I?-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. ;iYtinimuun 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 fiom
premises,operations;•independent contractors;products-completed
operations,personal injurryy and advertising inau'ry,and liability.
assumed under an insure? ontract.The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CO 25 03 1185. There shall be no
endorsement or modification of the Commercial General Liability
insurance for liability arising fiom explosion,collapse or underground
property damage.The City shall be named as an insured under the
Contractor's Commercial GeneraI-Liability.insurance policy with
respect to the work performed for the City using ISO additional
insured endoisement CO20101185 or a substitute endorsement •i
providing equivalent coverage.
B. N.T ilium Amounts of Insurance
Contractor shall maintain the following insurance limits: '
1. Commercial General Liability insurance sliall be' written with limits
no less than$1,000,000 each occurrence,$1,009,000 general aggregate
And a$1,000,000 products-coinpleted operations aggregate limit.
C. Other Insurance Provisions
The insurance policies are to coniain,or be endorsed to contain,the following provisions
for Commercial General Liability insurance:
1. ' The Contractor's insurance coverag$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
Z. 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 notied by certified
mail,return receiptrequesfed,has been given to the City.
EXERM 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 cover2.ge shall apply separately to
eacli insured against whom claim is made or suit is brought,except with respects to
the limits the insurex's liability,
D. Acceptability of)insurers -
Insurance is to be-placed with insurers with a current A.M.Best rating of not less than.
ANII.
F. Verification of Coverage
•
Contractor shall fwxrish 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 subcoutiactois as insureds under its policies or shall funush.
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.
VIZ. 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. I
VIII. INSURANCE. The Contractor shall procureattached
I
tion of the
kgreement, insurance of the types and In the amountsdescribed In Exhib maintain
atta h d andaIncorporated
)y this reference. ;
IX. USE OF CITY MATERIALS. Contractor shall not,' without prior written approval- and I
lermisslon of the City, use participant roster or related program materials for any purpose outside this
,greement including, but not limited to, solicitation of participants for Contractor's use in competition with
Ity programs.
I �
X. TERMINATION AND BREACH. Either party may terminate this Agreement, with or
-ithout cause, upon providing the other party seven (7) calendar days written notice at its address set
firth on the signature block of this Agreement.
XI. MISCELLANEOUS PROVISIONS. i
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its I
)ntractors to use recycled and recyclable products whenever practicable. A price preference may be
•allable for any designated recycled product.
� I
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any II�
rtion contained In this Agreement, in one or more instances shall not be construed to be a waiver or I
inquishment of any of the covenants, agreements or options contained in this Agreement, and the same ill be and remain In full force and effect. i
: i
C. Resolution of Disputes and Governing m. This Agreement shall be governed by and
istrued in accordance with the laws of the State of Washington. If the parties are unable to settle any '
)ute, difference or claim arising from the parties' performance of this Agreement, the exclusive means i•esoiving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
i jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
Ing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
Jes' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
lefending or bringing such claim or lawsuit; provided, however, nothing in this paragraph shall be
atrued to limit the City's right to indemnification under Section VIII of this Agreement. I
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
addresses listed on the signature page of the Agreement. Any written notice hereunder shall become
:five three (3) business'days after the date of mailing by registered or certified mail, and shall be
ned sufficiently given if sent to the addressee at the address stated in this Agreement or such other
ess as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
e non-assigning party shall be void.
F. Modification. No waiver, alteration, or modification of any of the
ns of this
ament shall be binding unless in writing and signed by a duly authorized representative oof the City
:ontractor.
RACTOR SERVICES AGREEMENT-.2
•$10,000—Instructor)
1 .
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:
_A_�
( ' natur ) (Sig t e)
Print Name: Print Name: Lori Ho a
Its _ Its: Recreation & Ho
Services Suoerintendant
DATE: (Title) (Tr !
` y DATE'-- `' -/0
NOTICES TO BE-SENT.TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Tammy Heldt - Program Coordinator
City of Kent
525 4th Avenue No.
Kent, WA 98032
}Qa _(telephone) (253) [856-5000] (telephone)
(facsimile) (253) (856-6000 (facsimile)
APPROVED AS TO FORM:
Kent City Attorney
P:\Civil\FORMS\CONTRACT\KentNetContracts\ConsultantAgreements\Pa rksInstructorAg r-U nd e rl 0 K.doc
,ONTRACTOR SERVICES AGREEMENT-3
Under$10,000—Instructor) !I
I