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HomeMy WebLinkAboutCAG2020-035 - Original - Neil McNeill - Senior Reflexology - 01/08/2020 4#**'s 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 Z 12g Date Required: t Z� R > Authorized Director or Designee Date of a, to Sign: Council aMayor Approval: Budget Grant? Yes No Account Number: Type: N/A Vendor Name: Neil McNeill Category: Contract Vendor 2065309 c Sub-Category Other o Number: a Project £ Name: Sr Reflexology 0 c Project *o Details: c EAgreement NMI{ Basis for M 0 Amount: p'r �/ Selection of 40 L Contractor: Im a Start Date: 01/8/20 Termination Date: 12/30/20 Notice required prior to Yes No disclosure? 1:1 Contract Number: C AC,2620-C) 5 Date Received by CityAttorney: Comments: a c 3 0 N d L Ch Date Routed to the Mayor's Office: N air Date Routed to the City Clerk's Office: .> d Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 KENT WA5HINGTC CONTRACTOR SERVICES AGREEMENT between the City of Kent and Neil McNeill THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Neil, McNeill business at 10633 SE 2441" St, Kent, WA 98030(hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Description: Reflexology Start Time/Duration/Stop Time: 9:00AM-5:00PM(Wed) Day, Date,Year: Wednesday,January 8-Dec 30, 2020 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 $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 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: 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. 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 CONTRACTOR SERVICES AGREEMENT- 1 (Under$10,000—Larger Organization) 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. 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. CONTRACTOR SERVICES AGREEMENT-2 (Under$10,000—Larger Organization) 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 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: DQBy: & &Z (signature) (sign to ) Print Name: ,`,ML g��.. Print Name: Lori Hoa Its Ce&r%F.='D zEA — sasr Its Recreation Sunerintendant (Title) tttle) DATE: < X\ 1� DATE: t 3 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: \60-s'S S44VT '-'Ir- Cindy Robinson-Parks Program Coordinator Y:r-Z—% WA- qC-)0')0 Kent Senior Activity Center City of Kent 220 Fourth Avenue South (telephone) Kent, WA 98032 /A. (facsimile) (253) 856-5162 (telephone) (253) 856-6150 (facsimile) APPROVED AS TO FORM: Kent City Attorney P:{&FORMS',CO\TRACT'KcN\ciCom­`Cona IAII mn`P�o�m Ar BIG-I;ed 1—d- CONTRACTOR SERVICES AGREEMENT-4 (Under$10,000—Larger Organization) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this 1\ day of ' _ ? _ , 200k�. By: For: Title:Date: PUBLIC PUBLIC WORKS AGREEMENT- EEO COMPLIANCE DOCUMENTS 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. ACC CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDYYYY} "kIl 06/04/2019 PRODUCER THIS S ISSUED AS A-IMTER OF INFORMATI75IT— Insurance Plus 800-222-1110 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Willis of New York, Inc.. Brookfield Place ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 200 Liberty Street, 6th Floor New York, NY 10281 INSURERS AFFORDING COVERAGE NAIL # INSURED INSURERA. Aspen Specialty Insurance Company 10717 Neil M. McNeill Report all claims to Insurance Plus Program via e-mail at 10633 SE 244th Street ProfessionalLiabilityClaims@aspen-insurance.com Kent, WA 98030 Ins. #7643 INSURER B INSURERC COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTAN DING 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR A00'L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS TR TYPE OF INSURANCE DATE MMIDDfYYYY DATE MM! /YYYY GENERAL LIABILITY EACH OCCURRENCE S 2,000.000 X COMMERCIAL GENERAL LIABILITY DAMAGE RNTED 05/04/2019 05/04/2020 PREMISES O(EaEoccurrence) $100 000 CLAIMS MADE X OCCUR #LRAFVTX 18AOM MED EXP(Any one person) $WA A PERSONAL&ADV INJURY $2,000.000 X GENERAL AGGREGATE $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $2,000,000 X POLICY PRO LOC BUS.PERS.PROP.AGG/DED $1.000/$250 JECAUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AU 10 EA ACC S OTHER THAN AUTO ONLY AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION S $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y l N TORY LIMITS ER ANY PROPRIETOR,PARTNERiEXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFI E D CER/MMBER EXCLUDE (Mandatory in NH) EL DISEASE-EA EMPLOYEE $ If yes.describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ A OTHER Professional Uablity #LRAFVTXI8AOM 2,000.000 per occurrence 1$3 000.000 annual 05/04/2019 05/04/2020 aggregate DESCRIPTION OF OPERATIONS i LOCATIONS!VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Holder named below is listed as an Additional Insured for the General Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Kent Senior activities Center DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN 600 E Smith Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Kent, WA 98030 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE ACORD 25 (2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025 2C0s01, The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY POLICY OCCURRENCE HEALTH,WELLNESS& BEAUTY PROVIDERS PROFESSIONAL LIABILITY INSURANCE POLICY In consideration of the premium charged, it is agreed that the defined term "Insured" is hereby amended to include the following person(s)and/or entity(ies): I, Kent Senior activities Center ALL OTHER TERMS,CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. THIS ENDORSEMENT FORMS APART OF POLICY NUMBER: 7643 Issued by:Aspen Specialty Insurance Company Issued to: Neil M. McNeill Effective date: 06/04/2019 ASPMT011 0118 2018©Aspen Insurance U.S. Services Inc. All rights reserved. Page 1 of 1