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Home My WebLink AboutPK14-356 - Original - American College of Mixed Martial Arts - Winter Program Guide Instructor - 09/01/2014 40 e r d s a , %„ KENT 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. If you have questions, please contact City Clerk's Office. Vendor dame: Vendor Number: JD Edwards Number Contract Number: POH - This is assigned by CityClerk's Office Project Name: Fall Quarter 201 lire rare Guide Instructor Description: El Interlacai .Agreement ❑ Change Order El Amendment x® Contract Cl 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:. Tammy Heldt Department: Parks Recreation/lent 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 instruction - Recreation Division As of: 08/27/14 . . . 40 111Z�K K F-14 ENT w^=^=— PERSONAL SERVICES AGREEMENT between the City of Kent and American Colleges of Mixed Martial Arts, Do or Dye, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and American Colleges of Mixed Martial Arts, Do or D�ye^ Inc. organized under the yaws of the State of Washington, located and doing business at 4210 Auburn Way No. #5/ Auburn, \0A 98002 (hereinafter the "Contractor"), I. DESCRIPTION OF WORK. Contractor shall perform the fmOom|og services for the City: � Seepage Two — C)ass Schedule Exhibit A ~ Insurance & Indemnity Requirements 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 mf ( 750/6) 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. I\/. INDEPENDENT CONTRACTOR. The porL|es intend that an Independent Contractor-Emp8oyer Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the performance and details offts 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 ofinspection 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 /\greenn8DL or accruing out of the performance of those operations. All work shall be done at Contractor's oVvO risk, and Contractor shall 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 S/0,U00—/nx/roct*,i Page Two - American Colleges of Mixed Martial Arts, Do or Dye, Inc.- Fall Quarter 2014 Tiny Tigers - 4:00 - 4:45 p.m. Tuesdays September 9-30, October 7-28, November 4-25, Dec 2-23 Thursdays September 4-25, October 2-23, October 30-November 20 Karate for Children Ages 5-6 Wednesday : 4:00- 4:45 p.m. September 3-24, October 1-22, October 29-Novemer 19, Dec 3-17 Saturday : 10:15 - 11:00 a.m. September 6-27, October 4-25, November 8-29, Dec 6-27 Ages 7-10 Thursdays: 5:30 - 6:15 p.m. September 4-25, October 2-23, October 30-November 20 Saturdays: 11:00 - 11:45 a.m. September 6-27, October 4-25, November 8-29, Dec 6-27 Ages 11-13 Tuesdays: 4:45 - 5:30 p.m. September 9-30, October 7-28, November 4-25, Dec 2-23 Karate for Home School Ages 4-8 Wednesdays: 2:00 - 2:45 p.m. September 3-24, October 1-22, October 29-Novemer 19, Dec 3-17 Ages 9-15 Wednesday: 2:45 - 3:30 p.m. September 3-24, October 1-22, October 29-Novemer 19, Dec 3-17 Beginning Aikido Mondays: 6:15 - 7:15 p.m. September 15 - November 17 Martial Arts 40+ Thursday 7:15 - 8:15 p.m. September 4-25, October 2-23, October 30 - November 20 Cardio Kickboxing Monday/Wednesday September 3-29, October 1-27, October 29-November 24, Dec 1-29 6:15-7:15 p.m. Pilates Mondays 5:30 - 6:15 p.m. September 8-29, October 6-27, November 3-24, Dec 1-22 Saturdays, 10:15 - 11:00 a.m. September 6-27, October 4-25, November 8-29, Dec 6-27 CONTRACTOR SERVICES AGREEMENT (Under$10,000-Instructor) •141O atp.01 WAYS uaaq surf`pa}sanbo:r jdtaooxuanjax`fluor pa�i�zaa�q an?�ou ua�.?Jre.xoIad�se�•op(0£}�.t�,ram�daaxa°,�jxed 7at�Ia,�q pafiaatreo . oq;ou IRs aVBzaeoo jugj alu)s of pasxopua oq fiegs aouumsm s,xojov3;uoO arty 'Z ';I TyA afngWoa lotr I?ugs pue oommsar sjxow4uoa o-Ujo ssaaxo oq nugs ?�atf��q paucu ucutu a�Bzaaoo Toodaoasznsur xo°aotrgxnsu? fas°aouumq suT - ,�?0 0111102 sax se eouvxhsu?A.Tougxd oq Tlutf s 626aAoo eouexnM s, 14uoO arty •I :aoueansm 14?jtq ?�Igxaua0 ?oxaruaFoO:rod suo?srAoxdu?nr�olfo arp �tne}uoo o�pasxopua ag xo'tr?E�uoo o�axs sataffod aotrgxnsa?arty . suoxsim-la aouuxnsuj xlwo •� ��tuzYi a�E�aaB$E suor}mxado pajajdtuoo-sjgnpoxd 000`000`is n Put ale az8�e IEaaua�040`.000`I$`aouaxmoDo IREa 000`000`I$mw ssaf ou s;.=.i laim q Ifegs ooumansui 24117gE?�Iezaua0?e,arauraxoO •I :s;?ar?I aausansui BucMof?oj aca m"14ureru pEgs xo;agt UOD ;eouuxnsux jo s}unomy mnugiu •g •09uxaA03 Jualeemba Su?pl&oxd �aautasxopua a}nlr�sgns u xo Sg T 10I 0Z DO juaurasjopua paxnsut IEuoptppu OS 2ursn f4IO oq xoj paruao,Ixad�jxotn- off.�oadsar t?#rnA�ia?fod aauuxnsar ?fqt?j.juxauoD Iet�xammo[)s,xoloe4 00 ag;xapun pamsa?ue su pauruu aq IjEgs ?�agy'a urep AVOCToxd - pun or xapun xo asdef?oo quo?sofdxa utox��uISr�E xo soueansm �???qE?�Iexaua�Ie?axaurtuoO arf��o uo�uor,�,po'tu xo�.uauYasxopua otr aq Ifegs axagy 'S8 I I £4 SZ fJO uuo OSf�uauaaslopuzr' �aafoara xaa efe�ax��etp ep?�ioxd off.pasxopua aq If Bgs aouurnsur . t�jifrqui7 7uxauaD-19?axatutuOD arty lommo pamsul uu xoptm paumssu - 14rfrqu?I p `&nrm.2u?sr4.raApu pine 1faafm Iuuosaad'suol}uxado• popIduroo-slonpaxd160JOBxjuoaluopuadapi."koPusado°sospold mO,'J Nplrm f4glqu1.f xanoo Ilvgs PuB 10.00 OO uuoj oougnmoo ' Osz uo ua4y&oq Tleqs aaumnsm ;q?qm?7 IExawf)IEiaratuaxoO •I ' :mofaq pagtxasap.sadf4 etf#jo aouemsur up qo IIEgs xopMaoO .aauumsal jo adoag ummiurw. T ' • ' ' •sxo�am.�.ugagns xo seado dura isa�t�n}uasaxdax.• °s�ua�E•narfd`xoJaE.r}uoO aiR dq xapunax pouuoo u?xo tuov as?x gear tjo?q m�jxadoxd of aVuraep xo suosxad'o�saramCux•to, saxiulo Hsu evE . aouemsu? uatuaaasv atfJ o uo?gexnp arj;ao urKt?uur plw axnooxd ITutfs xo�oux}uoO atfy onvanol • • �o� 5 ��.a��.,��rnr�art�•� �a .nS� v na EXMBIT A , INSURANCE.& INDEMNITY R'EQUMME SITS FOR CULTUP A L•FERVORMANCE 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,thew agents, representatives,employees or subOntractois. A. ;lYZinimum Scope of Insurance Contractor shall obtain insurance of the types'described below. 1. Commercial General Liabi&insurance shall be written on ISO occurrence foxxn CG 0001 and shall cover liability arising from premises,operations;-independent eontractors;products-completed operations,personal injtuuyy and advertising iniuiy,and liability assumed under an insured•contract.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 end'orselmnt or modification ofthe 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 endorsement CG 2010 1135 or a siibs#Itute endorsement i providing equivalent coverage. ~ B. N iiftum Amounts of Insurance Contractor sliall maintain Mlle following insurance limits: 1. Commercial General Liability insurance sliall be written with limits no less than$1,OQ0,000 each occurrence,$1,000',000 general aggregate And a$1,900,000 produets-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain,or be eridoxsed to contain,the following provisions for Commercial General Liability insurance: 1. The Contractor's insurancb coverage shall be primary insurance as respect the City. -Any Insurance,self irisuxa,,ce,or surance pool coverage maintained by the City shall be excess of the Contractor'sin 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. f 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 S 10,000—Instructor) o ' 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: siggature) (sighs ure) Prin am �G � � Print Name: Lori Ho an Itsrics� .��' Its: Recreation & Cultural rvices Superintendant , itle) (Title DATE: y` DATE: IO- g •/ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Tammy Heldt - Program Coordinator City of Kent 525 4ch 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\ParksInstructorAgr-UnderlOK.doc CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000—Instructor)