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HomeMy WebLinkAboutCAG2019-022 - Original - Senior Fitness Mrt�"f Oil, ,r� r Records en .` ENT Document' 1 ii1J1I,yll{�%� CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: Colleen MacIntyre Vendor Number: 177264 JD Edwards Number Contract Number: CW1 19 —p 22 This is assigned by City Clerk's Office Project Name: Sr Fitness Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ❑ Other: Contract Effective Date: 01/01/19 Termination Date 0301/19 Contract Renewal Notice (Days): 90 Number of days required notice for termination or renewal or amendment Contract Manager: Cynthia Robinson Department: Parks- Sr Center Contract Amount: Varies Approval Authority: ❑ Director ❑ Mayor ❑ City Council Meeting Date Detail: (i.e. address, location, parcel number, tax id, etc.): T CONTRACTOR SERVICES AGREEMENT between the City of Kent and Colleen MacIntyre THIS AGREE,MIiNT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Colleen MacIntyre organized under the laws of the State of Washington, located and doing business at 917 NE 63`d St#28 Seattle, WA 99115 (heicinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Description: Stretch and Strengthening Instruction/Aerobic Instruction Educational Outreach: Fitness Classes Start Time/Duration/Stop Time: 9:00 am-10 am; 10:15— 11:15 am (Tues and Thurs)(Stretch and Strengthening) 10:00 am- 11:00 am (Monday and Wednesday) (Aerobics) Day, Date, Year: Sessions: Class l: January 2-30, 2019 (Aerobics, no class 1/21) Class 2: February 4-27, 2019 (Aerobics, no class 2/18) Class 3 : March 4-27, 2019(Aerobics) Class 4 : Jan 3-31, 2019 10:15 AM Class (Stretch and Strengthening) Class 5: Feb 5-28,2019 10:15 AM Class(Stretch and Strengthening) Class 6: March 5-28, 2019 10:15 AM Class (Stretch and Strengthening) Class 7: Jan 3-31,2019 9 AM Class (Stretch and Strengthening) Class 8: February 5-28,2019 9 AM Class(Stretch and Strengthening) Class 9: March 5-28, 2019 9 AM Class(Stretch and Strengthening) 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. CONTRACTOR SERVICES AGREEMENT - 1 (Under$10,000—Larger Organization) it. COMPENSATION. The City shall pay Contractor the sum of $32 for Class 1 , Class 3, Class 5, Class 6, Class 8, Class 9 per registered student, $28.00 for Class 2 per student; and$36.00 for Class 4 and Cass 7 per 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 reschedule 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 fumish, 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: V. 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. 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 the satisfactory completion thereof. Contractor agrees to cooperate in this evaluation process and to make available to the City all information required by such evaluation process. Contractor agrees to comply with all federal, state and municipal laws, rules, and regulations that are or may in the future become applicable to Contractor or Contractor's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. VII. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. 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. VIII. 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, including assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction delivered in accordance with this Agreement constitutes an infringement of any copyright, patent trademark, trade name, or otherwise results in unfair trade practices. 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 this Agreement, insurance as described in Exhibit A, attached and incorporated by this reference. 1X. 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. CONTRACTOR SERVICES AGREEMENT- 2 (Under 310,000 -Larger Organization) X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. TERMINATION AND BREACH. Either party may terminate this Agreement, with or without cause, upon providing the other party ninety (90) days written notice at its address set forth on the signature block of this Agreement. All costs incurred by the City due to Contractor's failure to comply with the terms and conditions of this Agreement shall be the responsibility of the Contractor. The City may deduct its costs from any payments due to the Contractor or pro-rate the Agreement amount based upon the actual time of Contractor's performance compared to the contracted performance schedule. XIL IMPOSSIBILITY 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. Recvclable Materials. Pursuant to Chapter 3.90 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 full force and effect. C. ReSOILILmr c>f,ILlikrlauteg, 'tn 5v'Cnin� U_aw. 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; pL(,)vLdLc, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Sgcrl�. 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. Assignment. 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. CONTRACTOR SERVICES AGREEMENT - 3 (Under$10,000—Larger Organization) F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be bindingunless i.,,._............... _....._ n writing and signed by a duly authorized representative of the City and Contractor. G. Lintire 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 a part 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. H. Compliance with I..,aws. 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. IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date entered below. CONTRACTOR:IL y�� (� � � � CITY OF ��NT: By f 1 / 1 1,et c4-1-b�'r-e- By:,—........ .... .. (tidgnsrtur ) V s�gnalur•a,) Print Natrte: ,N a{g� l Print Name: l,or o2an Its Its Recreation Su erintend'ant (Title) y� DATE: 11 - 3 1fZ ............ . . ...... DATE: ✓'�! ..:.�Q. _. _._.w.. ......... ....... NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: _...._ ------ Cindy Robinson-Parks Program Coordinator Kent Senior Activity Center ........... ..._................ City of Kent 220 Fourth Avenue South .. (telephone) Kent, WA 98032 (facsimile) (253) 856-5162 (telephone) (253) 856-6150 (facsimile) ------ APPROVED AS TO FORM: ....,_.........._.......__... Kent City Attorney CONTRACTOR SERVICES AGREEMENT -4 (Under$10,000 Larger Organization) DATF IMM/UU/WYYI asCERTIFICATE OF LIABILITYINSURANCE °as/OSB PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION r 57E LrmewancesL100 , T. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ch.,. a::en Ave.sar lDO PO BnaBn° HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR Chirp,,5 95BJ3- ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. saD.B95.1G10 INSURERS COVERAGE NAIL#...._..,._.._ ERS AFFORDING_ .............._.__. .__..... _�........... INSURED INSURER A.PMlvdelphla lndemniN Insurance CbmWnv 18038 Colleen MaclntAp —""""""" --'— INSURERB: 417 NE WA St Apt 26 --- ........,.__........., ._—__...._.._....._.._ .,.._..._.. � Saattle,WA 98115- INSURER G INSURER D, ._.......... ,,._.._._....... a COVERAGES INSURER E 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 ADD'L POHCV EFFECTIVE POLICY EXPIRATION lTR USED TYPE OF INSURANCE POLICY NUMBER DATE IMM/DD/YYYYI DATE IMM/DO/YYYYI LAMES A X GENERAL LIABILITY PHPKIJB2G03- 03/Dl/2018 03,101/2020 EACH OCCURENCE S2.000.000 % COMMERCIAL GENERAL LIABILITY U00 AREA ISES LEA x wrruncgp $100,000 CLAIMS MADE OCCUR MEO E%P(Any or a r�ryey.np) S2,!BW % PHOFEESIONAL LIABILITY PERSONAL N ADV INJURY S1,UfHf,VIXF GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AG6 $4,000.000 X POLICY PROJECT _ LOC ----....__--� AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT mm ANY AVID TEA a¢IdenN ALL DWNEL AUTOS BODILY INJURY^ SCHEDULED AUTOS I Per person) HIRED AUTOS UOac INJURY NON-OWNED Auros (PRr aatrlenel PROPERTY DAMAGE (Per aail GARAGE UABILITY AUTO ONLY-CA ACCIDENT ANY AUTO •••••_.. ..........._. OTHER THAN EA ACT AUTO ONLY: —__......... .�.. AGG EXCESS/UMBRELLA LIABILATY EACH OCCURENCE OCCUR E] CLAIMS MADE AGGREGATE DEDUCTIBLE ._.___....__....__ .,,.._....._ RERENTION ........ � EMPLOYERS'LLABILON Y/N TCJRY LIMlUS FIX ANY PROPRIETOR/ W EL EACH ACCIDENT PARTNER/EXECUTIVE —7 OFHQUMkMRERSXCDEO) L J (MRAdffiOrY In HER __.. ......__...... .�,_ EL DISEASE-EAAMPLOVEE L ISIrRIyeXhI.ePlAc 5�OIA M Rlow mE L.DISEASE- �r -- POLICY LIMA T� OTHER DESCRIPTRHO OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISION5 ..... It is ur,dersmod and agreed that[tie Po l log entity is added as an edthu.Nal In,uUtd but only with respe,t(s)to the operations bI Me named Insured exrnptthat liability resulOng from the additional Insured's sole neglleenCR. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE Allty d Kent THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE E00 E.Smith St CERTIFICATE HOLDER NAMED TO TIE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR Rent,WA 99031- UAEHUTY OF ANY KIND UPON THE INSURER,ES AGENTS OR REPRESENTATIVES. AU E4ORLZED REPRESEMATYE ACORD 25 (2009/01) © 1988-2009 ACORD CORPORATION.All rights reserved.. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PHPK1782455-000 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 Permon(s) Or OrRanlzationjs City of Kent 600 E. Smith St Kent WA 98031- 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 Scheduile, 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 arts 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. In the performance of your ongoing operations; 1. Required by the contract or agreement; or 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 applicable Limits of Insurance shown in the 1. The insurance afforded to such additional Declarations. insured only applies to the extent permitted by 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 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1