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HomeMy WebLinkAboutPK18-004 - Original - Carolyn Rosenfield - Yoga Instruction at Senior Center - 01/05/2018 FN Records KEN sow ' wa„I„..o„ r Document „a o/1 a/ 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: Carolvn Rosenfield Vendor Number: 34933 JD Edwards Number j Contract Number: tl r I �,- go This is assigned by City Clerk's Office Project Name: Sr Yoaa Classes Description: ❑ Interlo -de ❑ Other: Contract Effective Date: 01/01/18 Termination Date: 03/31/2018 Contract Renewal Notice (Days): 90 Number of days required notice for termination or renewal or amendment Contract Manager: Cindy Robinson Department: Parks Sr Center Contract Amount: Varies, dependant on # of Students Approval Authority: ❑ Department Director ❑ Mayor ❑ city Council Detail: (i.e. address,location, parcel number, tax id, etc.); As of: 08/27/14 T CONTRACTOR SERVICES AGREEMENT between the City of Kent and Carolyn Rosenfield 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 172nd St, Burien, WA 98166 (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Description: Yoga Instruction Start Time/Duration/Stop Time: 9:45 AM-10:45 AM Day, Date,Year: Session 1: Friday, January 5-February 9, 2018 Session 2: Friday, February 16-March 23, 2018 Event Location: Kent Senior Activity Center 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. IL COMPENSATION. The City shall pay Contractor the sum of$36.00 for Session leach per registered student the sum of$36.00 for Session 2 each per registered student for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. Compensation is based on successful completion of the entire class or program. In the event of inclement weather or other unforeseen circumstances that require a class to be cancelled, it will either be rescheduled or compensation will be adjusted to reflect the actual number of sessions taught. 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. PERFORMANCE SPACE. The City agrees to furnish, at its sole cost and expense, a place of performance on the date(s) and at the time(s) contained in Section I. The City shall also provide ushers, house manager, and box office staff and any additional services and personnel as required, for the efficient operation of the engagement. Other arrangements will be the responsibility of the City and Contractor as follows below: CONTRACTOR SERVICES AGREEMENT- I (Under$10,000 -Larger Organization) Contractor or pro-rate the Agreement amount based upon the actual time of Contractor's performance compared to the contracted performance schedule. XIL IMPOSSI BILITY OF PERFORMANCE. Outdoor performances are considered"rain or shine." In the event that extreme inclement weather renders an outdoor performance impossible, the City will attempt to arrange an alternate performance space and Contractor will employ its best efforts to provide the contract work in that alternate performance space. The Contractor shall be under no liability for failure to perform in the event that such failure is caused by or due to acts or regulations of public authorities, civil tulmut, strike, epidemic or any other cause beyond the control of Contractor. In the event of a failure to perform as provided in this section, neither party shall be liable for the balance of the Agreement. XIII. 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 of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in fall force and effect. C. Resolution of D s�2utgs, nc C 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, in addition to any other recovery or award provided by law; pLgNLdcd, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII 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, unless notified to the contrary. 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. Assnent. Any assignment of this Agreement by either party without the written consent of the non- assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 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. 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. All of the above documents are hereby made apart of this Agreement. However, 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. CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000—Larger Organization) EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS FOR PARKS 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 11 85. 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 Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liabilitv 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 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 mail, return receipt requested, has been given to the City. EXHIBIT 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 Ins trance. 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 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 ANIL 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 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. DaTE(mm/DD/rvvv) n c»r�P CERTIFICATE OF LIABILITY INSURANCE 0/,2/2017 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION CEWi In,mrnr I—An,n11,mr, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE nml Pne'UfneNCLI zoo HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR MIsAOn C'ej ,En 92F93- ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. unIPIEE 1419 INSURERS AFFORDING COVERAGE NAICN NSURED IIVSVRHt A:Pt 1-d.l M1lei In 1. "t uranrc CUmoanv iNUSN I On IYn Rasenlleld ..... b INS B. ...... ....,.,...., ..... tI_BEll - -- INSLIRF II L ��.�. 3332SW 172nd 51. .... B vlen,WA5B16E- INSU R E 111) INSURER LIi E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERIFICATION MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR a00'L 765IC EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE IMM.I.E rvl DA_TE(MM/DD/YYYY) LIMITS A 'g GENERAL LIABILITY PIENSF9069-007 06/01/2017 0E/01/2U1R EACH OCYURENCE $2,000,000 X ME IT LL NE IRAE HARM ry TY WT�� COM —VXW SW"000 d RFN , CLAIMSMAIE %� DSUII MID IHI A( Y e P Q S1,SUU X PnoFEsnaNAL unewTv PFRsorvnLw noo lwullr S2000,000 6ENewLAGGREGATF Se Doopoa GEN'LAGGItEGATFIIMITAI'YI IFS PEIb PIIODU1F COMP(11ATI y60(IU,000 X PDUCY PROTECT TUC �� �� AUTOMOBILE LIABILITY COMBINED SINGLE I IMIT ANYALHO FA—dent) 5 ••••••.. ALL 0WNCDAUT0 � •��•••••. _ BODILY INJURY '[REFUELED AUTOS P..Pnr.Un7 ..._. ELIDED ADToti .......�_ .................. .. .......__.. BODILY INJURY NON-OW W 1)MUFF)' (Perx—de,E) _... ,.....,........ ........____. .. ten P,II I Y OAMEA F � (Per actldent) GARAGE LIABI CITY ADTDONIY FA AQJDEM ANY AUTO oIHERIHnN en ACC nufti oNLP. _ _.............................. AGG EXCESS/UM BRELLA LIABI LITY EACHuccur 1vCf OCCUR C!{111NS MADE ACCIi( 'ATt LEE OUrJ ILL E •••• ••• ••••••••••. EMPLOYEES,UABFYFA YIN IOIIY DMIIS fR ANY ,IU]FRU ItiR/PARTNER/E%FCIITIVF """'^' CAECIEI'N VBEIII NXCWDED>_ EL LAUI ACCIDENF (Mandatory in NH) 6 L DISEX'E—Cn AINPLOIFF MNe9 A4 Flgn untl er ,,, •••" •..•.•.•....•.••. 9YF)yIAL Ir W4' UNS be Uw EL COCA L POLICY IIHII OTHER DE5CRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 11'1Trek-1ad.rIagrevd tNI Hefll ' TC entity,City of Kent it added- -II[ wllnsu,d bW Unly with s.Ltlls)LotheCP -[ n—fIT,nan l-n ..I,e-pttlet fanF1, LIIP,,T nthe addl,FrPI rsured's sale negligunce. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE Clry Pf Kent THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE 22U rl I Ave 5 CERTIFICATE HOLDER NAMED TO THE LER,BUT FAILURE TO DO$0 SHALL IMPOSE NO OBLIGATION OR I(enl,With 96032 ED 1& LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/01) C 1988-2009 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009/01) POLICY NUMBER: PHPK559069-007 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE -- Name Of Additional Insured Person(s) Or Organization(s): city of Kent 220 4th Ave S Kent WA 98032-5838 ----- _._......... Information required to complete this Schedule, if not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III — Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury" required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance. on your behalf: 1. Required by the contract or agreement; or 1. In the performance of your ongoing operations; or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the insured only applies to the extent permitted by Declarations law, and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 0413 © Insurance Services Office, Ina, 2012 Page 1 of 1 POLICY CHANGE DOCUMENT POLICY NO: CHANGE # 1 CHANGE EFFECTIVE: 06/01/2017 PHPK559069-007 Philadelphia Indemnity Insurance Company PRODUCER: Maguire Insurance Agency, Inc. NAMED INSURED: Carolyn Rosenfield MAILING ADDRESS 3332 SW 172nd St. Burien, WA 98166- POLICY PERIOD: FROM 06/0112 0 1 7 TO 06/01/2018 at 12:01 A.M. Standard Time at your mailing address shown above, DESCRIPTION: In consideration of the premium reflected, the policy is amended as indicated below: Amending Additional Insured: Amending Additional Insured for City of Kent to include CG form. Total Annual Total Prorate Additional/Return Premium $0,00 Additional/Return Premium $0,00 Total Annual Total Prorate Additional/Return Additional/Return Tax/Surcharge/Fee $0,00 Tax/Surcharge/Fee $0.00 Page 1 of 1