HomeMy WebLinkAboutPK14-353 - Original - Carolyn Rosenfield - Yoga & Fitness Classes - 09/08/2014 77,77
R%Z� k-Ajrds Man;,' '
SCENT
Docum
ent.
W AS hi'PIGTON /
CONTRACT COVER SHEET
This is to be completed by the Contract. Manager prior to submission
to City Clerks Office. All portions are to be co p�let+ed.
If you have questions, please contact City Clerk's Office.
Vendor Dame:
Vendor Number: l ?z
.Ili Edward's Number
Contract Number: K
This is assigned by City Clerk's Office
Project Name: Fallquarter 2,014 - Program Guide Instructor
Description: R Interiocal Agreement R Change Order R Amendment x Contract
El Other:
Contract Effective Date:. 9/14 Termination Date 1 /1
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: °'Iamt,ny V eldt Department: Parks Recreadon/i ent Commons
Contract Amount: under $10,000 service/contract agreement
Approval Authority: (CIRCLE: DNS:) Pecr tion Sue�intendant City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Class iinstrUcdon - Recreation Division
As of: 08/27/14
PERSONAL SERVICES AGREEMENT
KENT
~^""'°,`,~ between the City of Kent and
Carolyn RosLenfield
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and Carolyn Rosenfield organized under the laws of the State of Washington, located and doing business
at 3332 SW 172ua S. Burien, WA 98166 (hereinafter the "Contractor").
1. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Fall Quarter 2014
Yoga and Fitness
Mondays, 6:08 - 7:00p.mn.
September 8 - October 20, October 27 - December 15
@ Kent Commons
Wednesdays: 6:O0 - 7:15pm. '
September 10 - [>cLnberZ2, OotoberZg - December 17
(a) Kent Senior,Activity Center
MNn. G Max. 30
Exhibit A - Insumancesnd 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 atthe time those services are performed.
U. 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 CiLyt determination that the Contractor has satisfactorily
completed all services and requirements specified in this Agreement.
Ill. 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 (5) 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 C|ty'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, BqUlpOO80L, and personnel engaged in operations covered by this Agmg2nlBnt or
accruing out of the perforrmanc8 of those operations. All work shall be done at Contractor's own risk/ and
Contractor sha|K be responsible for any loss ofOrdamage to materials, tools, or other articles used or held
for use in,connection with the work.
CONTRACTOR SERVICES AGREEMENT
(Under$/0,000-/nvradur)
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)
a +
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:
�J
By: By:
( i taat ) (sign t re)
Print Na e: Cum OS Print Name: Lori Ho
Its .S• Its: Recreation & Cultural Services Superintendant
Title} (Title)
DATE: (r DATE: 9 'N
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
(telephone) (253) [856-5000] (telephone)
(facsimile) (253) (856-6000 (facsimile)
APPROVED AS TO FORM:
Kent City Attorney
P:\Civil\FORMS\CONTRACT\KentNetContracts\ConsultantAgreements\ParksInstructorAg r-UnderlOK.doc
CONTRACTOR SERVICES AGREEMENT-3
(Under$10,000—Instructor)
EIHBIT A.
INSU•RA.NCE. &'INDEMNITY REQUMA MENTS FOR
CULMAL-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 subcbntractois.
.A%' :Minlmum Scope of Xnsurance
Contractor shall obtain insurance of tie types'described below;
1. Commercial General Liability.insurance shall be written on IqO
occurrence form CO 00.01 and shall cover liability arising fiom
premises,operations;•independentcontractoxs;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 180 form CG 25 031185. There shall be no
end'orseinent 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 Conuriexcial General Liability insurance policy with
respect fo the work performed for the City using ISQ additional
insured endorsement CG 201011 SS or a substitute endorsement i
providing equivalent coverage.
B. Mfilumm Amounts of Insurance.
Contxactoi shall maintain the following insurance limits: '
1. Commercial Genial 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-coipleted operations aggregate limit.
C. Other I suranee Provisions
The insurance policies are to contain,or be endorsed to contain,the following provisions
•. fogy: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 covezage shall not be
cancelled by either party,except after thirty(30)days pior written notice by certified
mail,returxrreceiptrequesfed,has been given to the City, I