HomeMy WebLinkAboutCAG2019-023 - Original - Edna Kay Morris Johnson - Senior Reflexology - 01/03/2019 O
Records i , ! % e M E tire
NOT ion /r�% , Document
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: Edna Kay Morris Johnson/Optimal Self
Vendor Number: 374475
JD Edwards Number
Contract Number: & -1 iq - 6 Z 3
This is assigned by City Clerk's Office
Project Name: Sr Reflexolociv
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
❑ Other:
Contract Effective Date: 01/01/19 Termination Date 12/31/19
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: VArlac
Approval Authority: ❑ Director ❑ Mayor ❑ City Council Meeting Date
Detail: (i.e. address, location, parcel number, tax id, etc.):
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W n�uim¢ion
CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
Edna Kay Morris Johnson, Optimal Self
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and Edna Kay Morris Johnson, Optimal Self, RF60394345 organized under the laws of the State of Washington,
located and doing business at PO Box 1544, Auburn, WA,98071(hereinafter the "Contractor").
1. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Description: Reflexology
Start Time/Duration/Stop Time: 12:30PM-4:45PM (Wed)
Day, Date, Year: Wednesday,January 3- December 26, 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.
it. COMPENSATION.
The City shall pay Contractor the total sum of $35 per 45 minute appointments, $55.00 for 60 minute
appointments $65 for a 90 minute sesssion for the work to be performed under this Agreement, upon satisfactory
completion of 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. 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 1. 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:
Venue:
Sound:
Lights:
Dressing Rooms:
Technical Staff:
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.
CONTRACTOR SERVICES AGREEMENT- 1
(Under$10,000—Larger Organization)
x
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.
VIL 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.
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. 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.
CONTRACTOR SERVICES AGREEMENT-2
(Under$10,000 Larger Organization)
I
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 3.80 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 full force and effect.
C. Resolution 01' Disputes and Governing ay . 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; rop jdc d 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. A,ssi nntt rren . 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. l ntire Aureetnettt. The written provisions and temrs 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. C;cranpliance with Laws. 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.
CONTRAC FOR SERVICES AGREEMENT-3
(Under$10,000—Larger Organization)
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date
entered below.
_. ..._-_.............._..........
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CONTRACTOR: CITY OF ;N"1":
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Print Name:h dt\C� pjN" .{ pdYl l i\&ol\ Print Name: Lori Hoaan
Its l LL.' "iet _ __. ____ _ Its Recreation Sunerintendant.
(Title) _ (title)
DAii,:..-_(,,�.FCG.'Vv 11 ,. SDI DATE: t~�21 d
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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
,(Gulephone) Kent, WA 98032
-------__............. . ........................... (facsimile) (253) 856-5162 (telephone)
(253) 856-6150(facsimile)
................
APPROVED AS TO FORM:
Kent City Attorney
CONTRACTOR SU.RVICES AGREEMENT -4
(Under S10.000—Larger Organization)
Hands-On Trade Association
A member of the Wellness and Beauty
Association Risk Purchasing Group
3009 S Mt Vernon St
Spokane, WA 99223
PRIMARY CERTIFICATE HOLDER
Edna Morris-Johnson
P.O. Box 1544
Auburn, WA 98071
Certificate of Insurance
Certificate Number
708013998
This certificate provides benefits subject to the terms, conditions, exclusions and limits of
the Master Policy SM-918168 as provided by EVANSTON INSURANCE COMPANY
Benefits: Professional and General Liability Protection
Membership Period: 07/23/2018 - 07/23/2019
Limits: General Liability
$2,000,000 Each Occurrence
$3,000,000 Annual Aggregate
Damage to Premises Rented or Occupied by You
$100,000
Professional Liability
$2,000,000 Each Claim
This certificate of benefits is to provide evidence of insurance and does not amend, expand or alter any terms
and conditions of the Master Policy. In the event of cancellation of the above stated insurance the Association
will endeavor to mail 45 days written notice of cancellation of this insurance to the Primary Certificate Holder
and/or Additional Insurance Holder, but failure to mail such notice shall impose no obligation of any kind upon
the Association, its companies, agents or representatives.
See Page 2 for any additional insurance holders
Kelly G Greenwood
Administrator
Hands-On Trade Association
A member of the Wellness and Beauty
Association Risk Purchasing Group
3009 S Mt Vernon St
Spokane, WA 99223
PRIMARY.CERTIFICATE HOLDER
Edna Morris Johnson
P.O. Box 1544
Auburn, WA 98071
Certificate of Insurance
Certificate Number
708013998
07/23/2018 - 07/23/2019
ADDITIONAL INSURANCE HOLDER(S)
Kent Senior Activity Center Optimal-Self natural health
City of Kent Kay Morris Johnson
600 Smith St 15320 S E Lake Moneysmith Rd.
Kent, WA 98032 Auburn, WA 98092
07/23/2018 - 07/23/2019 07/23/2018-07/23/2019
The above listed entity(if any) is named as an Additional Insurance Holder with respect to the
insurance provided under the Master Policy, but only for liability arising out of the sole
negligence of the Primary Certificate Holder.
Additional Insurance Holders must be a third party or organization from which you have
assumed the tort liability to pay for"damages"to that third party or organization emanating
from the Primary Certificate Holder's sole negligence while rendering professional services as
defined by the Master Policy.The inclusion of an Additional Insured Holder does not amend,
expand or alter any terms or conditions of the Master Policy.
Kelly G Greenwood
Administrator