HomeMy WebLinkAboutCAG2023-496 - Original - Connie Fry - Chair Yoga Instruction - 10/04/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: LHL'Y
Agreement Routing Form
• For Approvals,Signatures and Records Management
KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover
WASHINGTON Sheet forms.
Originator: Department:
Rachel Gilbert Parks, Recreation & Community Services
Date Sent: Date Required:
> 09/20/2023 09/27/2023
0
CL Authorized to Sign: Date of Council Approval:
C [ZDirector or Designee
Budget Account Number: Grant? Yes WINo
10006210.64190.4240
Budget?w]Yes:No Type: N/A
Vendor Name: Category:
Connie Fry Contract
Vendor Number: Sub-Category:
= 2530877 Other
R0 Instruction - Chair Yoga
Project Name: g
1.1. Project Details:Chair Yoga - ages 16+
0
_
a,
Agreement Amount: 25.00/hr Basis for Selection of Contractor: Other
`Memo to Mayor must be attached
Start Date: 10/04/2023 Termination Date: 12/31/2023
Im
Q Local Business?zYesF--]No* If meets req uiremen ts per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace.
Business License Verification:Yes:ln-Process:Exempt(KCC 5.01.045)
Notice required prior to disclosure? Contract Number:
FTesFTo CAG2023-496
Comments:
Im Rachel Gilbert - Parks Program Coordinator - X5009
_
+7w
3 Connie Fry - Instructor - 208-699-7733
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Date Routed to the City Clerk's Office: 9/22/23
,c«w»373__,0 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20210513
•
KEN T
W A s H i N G 1 o H
PROFESSIONAL SERVICES AGREEMENT
between the City of Kent and
Connie Fry
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and Connie Fry organized under the laws of the State of Washington, located and doing business
at 702 W. Waterman St. C105, Kent, WA 98032 (hereinafter the "Contractor").
I. DESCRIPTION OF WORK.
The Contractor shall perform the following services for the City:
Chair Yoga - Instruction - Ages 16+ - Wednesdays - October - December 2023
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 12-31-2023.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $25.00
per hour 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 needed). 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
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
PROFESSIONAL SERVICES AGREEMENT - 1
($20,000 or Less)
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 MA)EURE. 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 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
PROFESSIONAL SERVICES AGREEMENT - 2
($20,000 or Less)
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 (no insurance required) 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. 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.
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.
PROFESSIONAL SERVICES AGREEMENT - 3
($20,000 or Less)
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.
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
PROFESSIONAL SERVICES AGREEMENT - 4
($20,000 or Less)
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONTRACTOR: CITY OF KENT:
�y Lori'*aair
By: Connie 6 Fry(Sep-21,202 19a PDT) By:Lori Hogan(Sep ,202314:55 PDT)
Print Name:Connie G Fry Print Name: Lori Hogan
Its;Yoga Therapist/Instructor Chair Yoga Its: Superintendent - Recreation
DATE; Sep 21,2023 DATE: Sep 21,2023
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Connie Fry Rachel Gilbert- Parsk Program Coordinator
702 W. Waterman St. C105 City of Kent
Kent, WA 98032 220 Fourth Avenue South
Kent, WA 98032
(253) 253-856-5009 (telephone)
208-699-7733 (telephone) (253) [Insert Fax Number] (facsimile)
[Insert Fax Number] (facsimile)
ATTEST:
kmk
Kent City Clerk
PROFESSIONAL SERVICES AGREEMENT - 5
($20,000 or Less)
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 Sep 21,2023 day of Sep 21,2023 20 s P""o
By: Connie G Ry(Sep21,202 19:17PDT)
For: Fat Free Yoga
Title: Yoga Therapist/Instructor Chair Yoga
Date: Sep 21,2023
EEO COMPLIANCE DOCUMENTS - 1
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 - 2
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:
EEO COMPLIANCE DOCUMENTS - 3
Signature• M0li55a MGCo�'�YIIGK
Melissa McCormick(Sep 22,202310:47 PDT)
Email: cityclerk@kentwa.gov
Connie Fry - Chair Yoga 2023
Final Audit Report 2023-09-22
Created: 2023-09-21
By: Toni Wildoner(twildoner@kentwa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAm-lVDpBsotHSi7ZwlohdW5hWlTgZvPZB
"Connie Fry - Chair Yoga 2023" History
Document created by Toni Wildoner(twildoner@kentwa.gov)
2023-09-21 -6:50:20 PM GMT-IP address: 146.129.252.126
Document emailed to Ihogan@kentwa.gov for signature
2023-09-21 -7:05:06 PM GMT
Email viewed by Ihogan@kentwa.gov
2023-09-21 -9:52:30 PM GMT-IP address: 104.47.64.254
do Signer Ihogan@kentwa.gov entered name at signing as Lori Hogan
2023-09-21 -9:55:16 PM GMT-IP address: 146.129.252.126
�p Document e-signed by Lori Hogan (Ihogan@kentwa.gov)
Signature Date:2023-09-21 -9:55:18 PM GMT-Time Source:server-IP address: 146.129.252.126
Document emailed to connie.yoga.dance@gmail.com for signature
2023-09-21 -9:55:20 PM GMT
Email viewed by connie.yoga.dance@gmail.com
2023-09-21 -10:07:27 PM GMT-IP address: 174.204.74.206
d4 Signer connie.yoga.dance@gmail.com entered name at signing as Connie G Fry
2023-09-22-2:17:20 AM GMT-IP address: 174.165.8.162
�p Document e-signed by Connie G Fry(connie.yoga.dance@gmail.com)
Signature Date:2023-09-22-2:17:22 AM GMT-Time Source:server-IP address: 174.165.8.162
Document emailed to Kim Komoto (kkomoto@kentwa.gov)for signature
2023-09-22-2:17:23 AM GMT
Email viewed by Kim Komoto (kkomoto@kentwa.gov)
2023-09-22-5:39:41 PM GMT-IP address: 174.231.137.213
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�p Document e-signed by Kim Komoto (kkomoto@kentwa.gov)
Signature Date:2023-09-22-5:39:56 PM GMT-Time Source:server-IP address: 174.231.137.213
Document emailed to cityclerk@kentwa.gov for signature
2023-09-22-5:39:57 PM GMT
Email viewed by cityclerk@kentwa.gov
2023-09-22-5:43:03 PM GMT-IP address: 104.47.65.254
Signer cityclerk@kentwa.gov entered name at signing as Melissa McCormick
2023-09-22-5:47:42 PM GMT-IP address: 146.129.252.126
dp Document e-signed by Melissa McCormick (cityclerk@kentwa.gov)
Signature Date:2023-09-22-5:47:44 PM GMT-Time Source:server-IP address: 146.129.252.126
Q Agreement completed.
2023-09-22-5:47:44 PM GMT
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