HomeMy WebLinkAboutCAG2021-403 - Original - Curtis Marsten - Kendo Classes - 09/13/2021ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
Director or Designee
Date of Council Approval:
Grant? Yes No
Type:Review/Signatures/RoutingComments:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? Yes No*
Business License Verification: Yes In-Process Exempt (KCC 5.01.045)
If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
Yes No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover
Sheet forms.
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Budget? Yes No
Sup/Mgr:
rev. 20210513
FOR CITY OF KENT OFFICIAL USE ONLY
* Memo to Mayor must be attached
4
09/10/2021
Original#34895
Parks, Recreation & Community ServicesRachel Gilbert
12/31/2021
09/13/2021
09/13/2021
4
Other
10006210.64190.4240
Contract
70% of class revenue
N/A
4
4
4
LH
LH
9/12/21
PROFESSIONAL SERVICES AGREEMENT - 1
($20,000 or Less)
PROFESSIONAL SERVICES AGREEMENT
between the City of Kent and
Curtis Marsten
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Curtis Marsten organized under the laws of the State of Washington, located
and doing business at 20825 6fth Ave. South, Des Mones, Washington 98198] (hereinafter the
"Contractor").
I. DESCRIPTION OF WORK.
The Contractor shall perform the following services for the City:
Instruction for Kendo Classes held at the Kent Commons - Monday-
Wednesdays sessions - beginning September 13 and ending December 31,
2021.
The Contractor further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound region in
effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement, and the Contractor shall complete
the work by 12/31/2021].
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed 70% of
class revenue for the services described in this Agreement. The Contractor shall invoice the City monthly
based on time and materials incurred during the preceding month. The hourly rates charged for the
Contractor’s services shall be as delineated in the attached and incorporated Exhibit No Exhibit required.
All hourly rates charged shall remain locked at the negotiated rates throughout the term of this
Agreement.
Card Payment Program. The Contractor may elect to participate in automated credit card payments
provided for by the City and its financial institution. This Program is provided as an alternative to payment
by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates
in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or
credit card companies. The Contractor shall not charge those fees back to the City.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. 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.
B. The Contractor maintains and pays for its own place of business from which the
Contractor’s services under this Agreement will be performed.
C. The Contractor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained the Contractor’s services, or the Contractor is engaged in an independently
PROFESSIONAL SERVICES AGREEMENT - 2
($20,000 or Less)
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Contractor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Contractor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the
Contractor’s business, and has obtained a Unified Business Identifier (UBI) number
from the State of Washington.
F. The Contractor maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party seven (7) calendar days written notice at its address set forth on the signature
block of this Agreement.
VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or
failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire,
flood, or other natural disaster or acts of government (“force majeure event”). Performance that is
prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both
parties represent to
the other that at the time of signing this Agreement, they are able to perform as required and
their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any
existing state or national declarations of emergency, or any current social distancing restrictions or
personal protective equipment requirements that may be required under federal, state, or local law in
response to the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the
obligation.
Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the
City shall not be liable for, the payment of any part of the contract price during a force majeure event, or
any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure
event. Performance that is more costly due to a force majeure event is not included within the scope of
this Force Majeure provision.
If a force majeure event occurs, the City may direct the Contractor to restart any work or performance
that may have ceased, to change the work, or to take other action to secure the work or the project site
during the force majeure event. The cost to restart, change, or secure the work or project site arising
from a direction by the City under this clause will be dealt with as a change order, except to the extent
that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Contractor.
VII. 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 discriminate against any person who is qualified and available to
perform the work to which the employment relates as provided for by the City of Kent’s Equal
Employment Opportunity Policy. The Contractor shall execute the attached City of Kent Equal
PROFESSIONAL SERVICES AGREEMENT - 3
($20,000 or Less)
Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon
completion of the contract work, file the attached Compliance Statement.
VIII. INDEMNIFICATION. The 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. The City's inspection or acceptance of any of the 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.
In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court
having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor’s part,
then the Contractor shall pay all the City’s costs for defense, including all reasonable expert witness fees
and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Contractor’s part.
IX. INSURANCE. The Contractor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit [Exhibit A attached and
incorporated by this reference.
X. CONTRACTOR’S WORK AND RISK. 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 the Contractor’s business, equipment, and personnel engaged in operations covered by this Agreement
or accruing out of the performance of those services. All work shall be done at the Contractor's own risk,
and the 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.
XI. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants 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, including all appeals, 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 VIII 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.
PROFESSIONAL SERVICES AGREEMENT - 4
($20,000 or Less)
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void.
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 the 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. 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. Public Records Act. The Contractor acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Contractor in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
I. City Business License Required. Prior to commencing the tasks described in Section I, the
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
PROFESSIONAL SERVICES AGREEMENT - 5
($20,000 or Less)
J. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONTRACTOR:
By:
Print Name:
Its:
DATE:
CITY OF KENT:
By:
Print Name: Lori Hogan
Its: Recreation Superintendent
DATE:
NOTICES TO BE SENT TO:
CONTRACTOR:
Curtis Marsten
[Insert Company Name]
20825 6th Ave So.
Des Moines, WA 98198
[Insert Telephone Number] (telephone)
[Insert Fax Number] (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Rachel Gilbert - Parks Program Coordinator
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 253-856-5009 (telephone)
(253) [Insert Fax Number] (facsimile)
ATTEST:
Kent City Clerk
Lori Hogan (Sep 10, 2021 18:24 PDT)
Sep 10, 2021
Curtis Marsten (Sep 11, 2021 09:48 PDT)
Curtis Marsten
Instructor
Sep 11, 2021
Curtis Marsten
EEO COMPLIANCE DOCUMENTS - 1
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 day of ____ , 20___.
By: __________________________________________
For: _________________________________________
Title: ________________________________________
Date: ________________________________________
Curtis Marsten (Sep 11, 2021 09:48 PDT)
Curtis Marsten
Instructor
Kent Kendo Class
Sep 11, 2021
Sep 11, 2021 Sep 11, 2021Sep 11, 2021
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of , 20___.
By: __________________________________________
For: _________________________________________
Title: ________________________________________
Date: ________________________________________
CERTIFICATE OF LIABILITY INSURANCE
cL2151446250 REVISION NUMBER:
DATE (MlVl/OD/YYYY)
0910912021
LY
ALTERLYTIVELY
THISLDER.FICATE HOUHTSTHEPONCERTICONFERSNDRIGNOONAMATTERAINFORMATIONOFFICATECERTIISSUEDrsAStsTH POTHE LtcrEsBYAFFORDEOCOVERAGETHEEDEXTENORNEGATIVEAMND,FIAF RMA ORDOESCERTIFICATENOT DAUTHORIZEETHINSUrssutNGTR.ACTcoN N RER(S),BETWEEACONSTITUTENOTDOESFICATECERTIINSURANCEOFTHISBELOW.
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
hts to the certificate holder in lieu of such endorsemethis certificate does not confer
endbeortsholderannt.statementA onanndorsemeliciestheofcertainmayrequiretermstheconditionspolicy,poandlssutostfROGAUBONWAIVED,bjectTI
Karen L Padilla
(425) 2e1-s1oo(425) 291-5200
karenp@bell-anderson.com
NAIC #AFFORDING COVERAGE
lnsurance CompanYINSURER A
PRODUCER
Bell Anderson Agency, lnc.
600 SW 39th St., Suite 200
wA 98057Renton
INSURER B
INSURER C
INSURER D
INSURER E:
All United States Kendo Federation
2828 Cochran Street Suite 341
cA 93065-2780Simi Valley
INSURED
COVERAGES CERTIFICATE NUMBER:
PERIODPOLICYFORTHEABOVENAIV]EDTHETOBEENISSUEDHAVESTEDLIBELOWESPOLtCtINSURANCEOFTOISTHATCERTIFYETHTHIS WHICHTO STHIWTHDOCUMENTRESPECTOTHERORCONDITIONORANYOFCONTRACTTERMANYINGREMENT,REQUICATED.INDI NOTWTHSTAND THEBJSUTOECTALL TERMS,HEREINDESCRIBED 5THEBYPOLICIESINSURANCETHEAFFORDEDORDPERTAINMAYBEMAYISSUECERTIFICATECLAIMS.PAIREDUCEDBYMAYSHO\^4\1 BEENHAVEESPOLtCIMITSLICONDITIONSANDSUCHOFSIONSEXCLU
LilVltTSPOLICY NUMBERTYPE OF INSURANCE s 1 ,000,000EACH
$ 1,000,000
$ 5,000MED EXP
s 1 ,000,000
s 3,ooo,00o
$ 3,000,000AGGPRODUCTS
$
0510812021 05t0812022KRS000000881 9600
COMMERCIAL GENERAL LIABILITY
LIMITAPPLIES PER:
!F3. l-1..o"
OCCURCLAIMS..MADE
AGGREGATE
POLICY
A
s 1 ,000,000
$BODILY INJURY (Per Person)
$BODILY INJURY (Per accident)
$
s
o5t08120220510812021KRS000000881 9600A
ANYAUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON.OWNED
AUTOS ONLY
AUTOMOBILE LIABILITY
1,000,000RENCE
1,000,000OCCURUIIBRELLA LIAB
EXCESS UAB 05t081202205t0812021xKs000000881 9700
RETENTION $ ,10'OOO
A
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. EA EIV]PLOYEEE,L-
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N/A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y/N
RE: Kent Kendo club- The certificate holder is additional insured but only for liability caused, in whole or in part, by the acts or omissions of the named
insured.
DESCRIPTION OF OPERATIONS / LOCATIONS
'
VEHICLES (ACORD 101,Additional Remarks Schedule, may be attached if more space is required)
LDER CAN
O 1988-2015 ACORD CORPORATION. All rights
Kent Commons Recreation Center, City of Kent
525 4thAve N
Kent wA 98032
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE GANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
GJ,L
ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD
reserved.
jl scorrsDAlE INSur{AI{cE coMpA,'Iw lto.0000
TTiS ENDORSEN'ENT CfHT.IGES TTE POI.JCY. PI-EASE READ IT CARERJLLY.
AI)I)ITIOII{AL ITSI.REffi OT,U.TERS AT{ryM LESSCre tr PREIVISES
SPOTSORSffi @PROTWJIERS
This insurance modifies insurance provided under the following:
MN,}/IERCIAL GENEML UABI UTY co\ERAC# PART
Uq.Jffi 1IABILITY COVERAGE PART
A SrcnON F-.I/\F|O lS At{ lt\StnED is anrended to include as an additional insured any per-
sonis) or organization(s) of the types indicated by an "t'' r.1r
"lV
boxes shown below, but only
wifr respecito liability ioi "bodily injury," "property damage.' or "personal and advertising injqV'
caused, in whole or iir part, by hrir abts or dmis-sions oi the acts or omissions of those acting
on your behalf:
'r. ln the perfornnnoe of your ongoing operations; or
Z ln connection with your premises owned by or rented to you.
Hcnrvever:
1" The insurance afforded to such additional insured only applies to the extent permitted by
law;and
2 lf coverage provided to the additional insured isrequired by a mntract or agreement, the
insurand aiforded 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.
Wiil-r respect to an additional insured c,\,!ner andlor lessor of premises, this insurance does
not apply to:
& An "occurrence" or offense which takes place while you are not a tenant in possession
of the subjed Premises.
h "Bodily injun/'or "property dannge' arising out of:
{1} Structural alterations, new construction or demolition operations performed by or
on behalf of the owner andlor lessor of premises;
(2) Any design defect or structural maintenance of the premises; or
(3) nny premises defect.
B With respect to the insurance afforded to these additional insureds, the following is added to
srcncN lll-LJMTS OF lf{t.RAtlcE
lf coverage provided to tlre additional insured is required bya mntract or agreement, the most
we will pIy on behalf of the additional insured is the amount of insurance:
1. Required by the mntract or agreement; or
Z Available under the applicable Limits of lnsurance shorrvn in the Declarations; wttichever is
l*s.
ATTACTEDTOAT€
FORMI{GAPARTOF
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ENDORSEI/CNT EFFECITVE DAIE
(12:fi Ar'/t SIA].I)AR) TWE)
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KRS00000088196(n '05n8,nazr ALL L'{ITED STATES KENDO (SEE }(R$SP-1)
DBA ALSKF
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This endorsement shall not increase the applicable Limits of lnsurance shorryn in the Declarations.
Schedule of Addtioml lrslreds:
Orvners and/or Lessors of the premises leased, rented or loaned to you
Sponsors
Co-Promoters
Any individual person(s) or organization(s) listed below:
COACHES, OFFICIALS AND VOLUNTEERS
ARE ADDITIOML INSUREDS BUT ONLY
\ ,|-llLE ACTING WTHIN THE SCOPE OF THEIR DUTIES
FOR THE INSURED (OTHERS BY REQUEST AND ENDORSEMENT'
SUB.JECT TO UNDER\ ,RlTlNG APPROVAL)'
X
X
X
KRs4-55(7-18)paqe2d2
REPRESENTATIVE DATE
Exhibit A
lnsurance & lndemnity Requirements for Cultural Performance Agreements
lnsurance
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 lnsurance
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
Contractors Commercial General Liability insurance policy with respect to the work performed
for the City using ISO additional insurance endorsement CG 20 10 11 85 or a substitute
endorsement providing equiva lent coverage.
B. Minimum Amounts of lnsurance
Contractor shall maintain the following insurance limits:
L Commercial General Liability insurance shall be written with limits no less than 51,000,000
each occurrence, $1,000,000 general aggregate and a S1,000,000 products-completed
operation aggregate limit.
C. Other lnsurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Commercial General Liability insurance:
1. The Contractors' insurance coverage shall be primary insurance as respect to the City. Any
lnsurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of
the Contractors insurance and shall not contribute with it.
2. The Contractot's insurance shall be endorsed to state that coverage shall not be cancelled by
either party, except after thirry (30) days prior written notice by certified mail, return-receipt
requested, has been given to the City.
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
lnsurance. The City reserves the right to receive a certified copy of all required insurance
policies. The Contractors 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 insure/s liability.
D. Acceptability of lnsurers
lnsurance is to be placed with insurers with a current A.M. Best rating of not less than A: Vll
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,, - .S_Ubcpntfactors
Contractor shall include all subcontractors as insured's under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverage for subcontractors
shall be subject to all the same insurance requirements as stated herein for the Contractor.
Signature:
Email:
Signature:
Email:kkomoto@kentwa.gov
Melissa McCormick (Sep 13, 2021 09:55 PDT)
Melissa McCormick
cityclerk@kentwa.gov
Curtis Marsten - Kendo
Final Audit Report 2021-09-13
Created:2021-09-10
By:twildoner@kentwa.gov
Status:Signed
Transaction ID:CBJCHBCAABAAt0N134UFRtGIt0FDtyqrsFr0WZmmfDMO
"Curtis Marsten - Kendo" History
Document created by twildoner@kentwa.gov
2021-09-10 - 6:23:41 PM GMT- IP address: 146.129.252.126
Document emailed to Lori Hogan (lhogan@kentwa.gov) for signature
2021-09-10 - 6:38:34 PM GMT
Email viewed by Lori Hogan (lhogan@kentwa.gov)
2021-09-11 - 1:22:29 AM GMT- IP address: 146.129.252.126
Document e-signed by Lori Hogan (lhogan@kentwa.gov)
Signature Date: 2021-09-11 - 1:24:02 AM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to Curtis Marsten (cvmarsten@w-link.net) for signature
2021-09-11 - 1:24:04 AM GMT
Email viewed by Curtis Marsten (cvmarsten@w-link.net)
2021-09-11 - 4:46:32 PM GMT- IP address: 73.42.150.247
Document e-signed by Curtis Marsten (cvmarsten@w-link.net)
Signature Date: 2021-09-11 - 4:48:52 PM GMT - Time Source: server- IP address: 73.42.150.247
Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature
2021-09-11 - 4:48:55 PM GMT
Email viewed by Kim Komoto (kkomoto@kentwa.gov)
2021-09-13 - 4:23:55 PM GMT- IP address: 146.129.252.126
Document e-signed by Kim Komoto (kkomoto@kentwa.gov)
Signature Date: 2021-09-13 - 4:24:48 PM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to Melissa McCormick (cityclerk@kentwa.gov) for signature
2021-09-13 - 4:24:50 PM GMT
Email viewed by Melissa McCormick (cityclerk@kentwa.gov)
2021-09-13 - 4:49:36 PM GMT- IP address: 146.129.252.126
Document e-signed by Melissa McCormick (cityclerk@kentwa.gov)
Signature Date: 2021-09-13 - 4:55:35 PM GMT - Time Source: server- IP address: 146.129.252.126
Agreement completed.
2021-09-13 - 4:55:35 PM GMT