HomeMy WebLinkAboutCAG2020-034 - Original - Karen Poppleton - Footcare at the Senior Center - 01/03/2020 Agreement Routing Form
KENT For Approvals,Signatures and Records Management
WASHINGTON
This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Originator: Cindy Robinson Department: parks
Date Sent. 1 11 Z 0 A Zo Date Required: i�z 6/2Z
� r
c Authorized kol
Director or Designee Date of
a, to Sign: Council 1� h
QMayor Approval:
Budget Grant? Yes No
Account
Number: Type: N/A
Vendor
Name: Karen's Fo�caare 'Po Category: Contract
Vendor 2065309
c Sub-Category Other
o Number:
R Project
E Name: Sr FootcareL.
0
c Project
"Z Details:
c
1EAgreement jJ t } Basis for
y Amount: 1 Q,� U(C�U �� Selection of
L Contractor:
a Start Date: 01/7/20 Termination Date: 12/29/20
Notice required prior to Yes No Contract Number. C �1 �� O 3
disclosure? Lf
Date Received by City Attorney. Comments:
Im
c
3
0
DC
N
41
L
vm Date Routed to the Mayor's Office:
'vf
air Date Routed to the City Clerk's Office:
2
ar
Date Sent to Originator:
Visit Documents.KentWA.gov to obtain copies of all agreements
adccW22373_6_19
�I�
•
KEN T
WASHINGTON
CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
Karen's Footcare
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and Karen Poppleton, organized under the laws of the State of Washington, located and doing business at 708
17th ST SE, Puyallup, WA 98372 (hereinafter the "Contractor").
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Description: Footcare
Educational Outreach: Health services
Start Time/Duration/Stop Time: 8:30 am—4:30 pm
Day,Date,Year: Tuesdays,January 7 through December 29, 2020
Additional days of the week as needed and schedule allows
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.
II. COMPENSATION.
The City shall pay Contractor the total sum of$30.00 per client for pedicure and $40.00 per client per pedicure
and manicure 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. 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.
CONTRACTOR SERVICES AGREEMENT- 1
(Under$10,000—Larger Organization)
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.
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.
XII. IMPOSSIBILITY OF PERFORMANCE. 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.
CONTRACTOR SERVICES AGREEMENT-2
(Under$10,000—Larger Organization)
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 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, in addition to any other recovery or award
provided by law; provided, 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. 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.
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 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 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.
CONTRACTOR 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.
CONTRACTOR: CITY OF KENT:
By: By:
(signa r (Sig to
Print Name: C�1n Print Name: Lori Ho
Its Its Superintendent of;;e3creation & Cultural
(Title) Services
DATE: 1 a - V) —i q
DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
ej a.-"oal
Facility Manager
Kent Senior Activity Center
City of Kent
600 E. Smith St.
(telephone) Kent, WA 98030
(facsimile) (253) 856-5161 (telephone)
(253) 856-6150 (facsimile)
APPROVED AS TO FORM:
Kent City Attorney
P:civil'tORMS'NCO\TRACTKent\nComnecConaulWtAgrccmcntcPah.PMormerAgBlO-L ndcrlOKdo<
CONTRACTOR SERVICES AGREEMENT-4
(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 Liabilitv 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 1185. 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 Liability 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 Insurance. 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
A:VII.
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.
�.,..: CERTIFICATE OF LIABILITY INSURANCE °A'� '""v1'DD'Y'�'"'
2/062019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY
AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),
AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTAW:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must haveADDITTONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and
conditions ofthe policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu ofsuch endorsement(s)-
PRODUCER CONTACT
----
NAME:
Elizabeth Poliard(794625A) PHONE FAX
101 S Meridian Ste B WC,NO,EXT):253_845-5555 WC,NO):253-815-8992
E-MAIL
Puyallup WA 98371-5900 ADDRESS.—epoHard@farmersagent com— --
INSURER(S)AFFORDING COVERAGE NAILS
INSURED — INSURER A: Truck Insurance Exchange 21709
INSURERS_ Farmers Insurance Exchange 21652
POPPLETON, KAREN
708 17TH ST SE INSURERC: Mid Century Insurance Company # 21687
--—— ----
INSURER D:
INSURER E: --- —
PUYALLUP WA 98372 _�—
INSURER F: i
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY
REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ' TYPEOFINSURANCE t ADOTL SUBR POLICYNUMBER POLICY EFF POLICY EXP LIMITS
LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY)
lCOMMERCIALGENERAL LIABILITY — — -----' �yJ v EACH OCCURRENCE $ 1 000
( ( DAMAGET'O RENTED
CLAIMS-MADE OCCUR 1
_ PREMISES(Ea Occurrence) $ 75,000
L J 7 MED EXP(Anyone person) $ 5
,000
B i Y N 605058646 11/27/2019 11/27/2020 PERSONAL&ADVINJURY $ 100Q
}GENT AGGREGATE LIMIT APPLIES PER: —� GENERAL AGGREGATE $ 2,000,000
POLICY — PROJECT ❑ LOC � PRODUCTS-COMP/OPAGG S 1 000
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S
(Ea accident)
? ANY AUTO BODILY INJURY(Per person) $
s
f jOWNED AUTOS § SCHEDULED
ONLY S AUTOS BODILY INJURY(Per accident)$
1 J HIRFDAUTOS NOWOWNFD PROPFRTY DAMAGF
ONLY AUTOS ONLY I (Peraccident) $
1
UMBRELLALLAB 1 OCCUR EACH OCCURRENCE S
EXCESS LIAR CLAIMS-MADE € AGGREGATE $
DED RETENTION$ j $
---------------
I WORKERS COMPENSATION € ( PER _]_OTHER $
AND EMPLOYERS'L.IABUM 4 SIAIUIE
7 ANY PROPRIETOR/PARTNER/ Y/tt E.L.EACH ACCIDENT $
EXECUTIVE OFFICER/MEMBER --' N/A ------
EXCLUDED?(Mandatory inNH) { Ek DISEASE-EA EMPLOYEE
If yes,describe under DESCRIPTION OF
OPERATIONS below EL DISEASE-POLICY LIMIT $
-- ------ — - -- --- —._...-----------._.._--
J
DESCRIPTION OF OPERATIONS/LOCATIONS/V EHICL ES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Additional Insured-Designated Person or Organization
City of Kent
220 4th Ave s,Kent WA 98032-5838
CERTIFICATE HOLDER CANCELLATION
CITY OF KENT KENT SENIOR CENTER SH0ULOANYOFT14E ABOVE DESCRIBEDPOLICIESBE CANCELLED BEFORE THE EXPIRA71ON
600 E SMITH ST DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
- ----1SEt�f7 - WA_98030 Q�ti;(JL 4
ACORD 25(2016/03) (L.1988-2015 ACORD CORPORATION.All Rights Reserved
31-1769 11-15 The ACORD nameand logo are registered marks of ACORD
POLICY NUMBER: 605058646 BUSINESSOWNERS
BP 04 48 01 97
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON
OR ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
SCHEDULE*
Name Of Person Or Organization: CITY OF KENT KENT SENIOR CENTER
* Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Decla-
rations.
The following is added to Paragraph C. Who Is An
Insured in the Businessowners Liability Coverage
Form:
4. Any person or organization shown in the Schedule
is also an insured, but only with respect to liability
arising out of your ongoing operations or premises
owned by or rented to you.
BP 04 48 01 97 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 ❑