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Home My WebLink AboutCAG2024-420 - Original - Kent Strength and Badges Event - Barbells and Badges - 9/19/24 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form Dir Asst: • For Approvals,Signatures and Records Management Dir/Dep: KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional) WASHINGTON Sheet forms. Originator: Department: Cassi Fowler Police Date Sent: Date Required: > 09/03/2024 0 CL Director or Designee to Sign. Date of Council Approval: CL Q Budget Account Number: Grant?[:]YesE]No Budget?:Yes:No Type: N/A Vendor Name: Category: Kent Strength and Conditioning, LLC. Contract Vendor Number: Sub-Category: = Original 0 Project Name: Barbells and Badges Event E �° Project Details: Event Contracts for Barbells and Badges _ 40 E Agreement Amount: Basis for Selection of Contractor: Direct Negotiation 47 `Memo to Mayor must be attached 3- Start Date: 9/19/24 Termination Date: 9/20/24 Q Local Business?F--]YesF--]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: F1YesF]No CAG2024-420 Comments: a1 _ 3 4) H •� i N 3 f0 _ V1 Date Routed to the City Clerk's Office: 9/3/24 Interlocal Agreement has been uploaded to website: adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 EVENT AGREEMENT This Event Agreement("Agreement")is between the City of Kent, a Washington municipal corporation ("City"), and Kent Strength & Conditioning, LLC, ("Gym"), a Limited Liability Corporation registered in the State of Washington. RECITALS A. The Parties wish to hold a joint event titled "Barbells & Badges" to allow officers from the Kent Police Department to hold a group workout with gym members and member of the public. B. The Parties have agreed to memorialize their obligations by executing this Agreement. AGREEMENT Now, therefore, the City and Gym agree as follows: 1 SCOPE OF WORK Gym shall coordinate with the Kent Police Department to hold a group workout for gym members and members of the public to be led by employees of the Kent Police Department. The Parties will coordinate to advertise and promote this event. Gym shall ensure that all participants sign the joint waiver attached as Exhibit A. 2 INDEMNIFICATION Gym 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 this Agreement, except for that portion of the injuries and damages caused by the City's negligence. 3 MISCELLANEOUS 3.1 Compliance with Laws. The parties shall comply with all federal, state, and local laws, rules, and regulations in the performance of this Agreement. 3.2 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington,without giving effect to its conflicts of law rules or choice of law provisions. If any dispute arises between the parties or between any party and the Contractor under any of the provisions of this Agreement, resolution of that dispute shall be available only through the jurisdiction, venue, and rules of the King County Superior Court, King County, Washington. 3.3 Relationship. It is understood and agreed that no agency, employment, joint venture, co-employer, or partnership is created by this Agreement. No party shall (i) have the power or authority to act for another in any manner to create obligations or debts which would be binding upon another, and (ii) be responsible for any obligation or expense whatsoever of another (except to the extent provided for in this Agreement). 3.4 Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of Gym, and those statements shall not be construed as forming a part of or altering in any manner this Agreement.This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. 3.5 Effectiveness; Date. The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature)will be deemed the effective date of this Agreement. Each party is signing this Agreement on the date stated opposite that party's signature. NT STRENGTH AND CONDITIONING CITY OF KENT X I X-N, f�=Q" U r ., Signatox,r Sign ory Title &V W l I��R Title jr / - A, Dated:__W-L I U Dated: D 8- yr�� EXHIBIT A Release of Liability and Waiver Form By signing this form, I acknowledge that by participating in physical activities there will be inherent risks. I am fully aware of these potential risks and am voluntarily participating in these activities. By using Kent Strength & Conditioning, LLC facility at Imperial CrossFit and equipment I fully assume all risks associated, including but not limited to: 1. All manner of injuries sustained during equipment use. 2. Injuries occurring within the premises of the facility. 3. Injuries due to improper facility use. I further acknowledge that the possible are not limited to those listed above. I voluntarily choose to use Kent Strength &Conditioning, LLC facility at Imperial CrossFit being aware of these risks. I therefore agree to waive and release any claims that I have presently or may in the future have against Kent Strength &Conditioning, LLC at Imperial CrossFit facility, including their owners, employees, coaches, affiliates, and manufacturers. Additionally, I agree to waive and release any claims I have presently or may in the future have against the City of Kent and the Kent Police Department, and its employees and agents. I will participate within accordance of Kent Strength &Conditioning, LLC at the Imperial CrossFit facility's established safety policies and procedures. I further release the facility and facility's owners, employees, coaches and agents form any and all cause of actions, claims, losses or costs of any nature, whether it be directly related to Kent Strength & Conditioning, LLC or a third party, including the City of Kent the Kent Police Department, and its employees and agents. If I am an athlete with prior medical issues, I confirm that I have been cleared by my doctor prior to participation. Kent Strength & Conditioning, LLC,the City of Kent, and the Kent Police Department will not he held liable for any additional medical issues incurred from use of the gym or it's equipment. I have read this form and understand its contents fully. I understand that by signing this I have given up substantial rights and have signed it freely and without any inducement or assurance of any kind. Printed Name of Participant Date Signature of Participant Date Parental Consent(under 18 years of age) As the legal guardian of the minor named above, I have read the material above and fully understand it. I agree to the above terms on behalf of the minor named above. I give my consent for the above minor to be able to participate in all activities of the facility and further agree that the minor is in proper health to be able to participate in the activities. I release and waive any claims against the facility and its owners, employees, and/or coaches that may arise on behalf of the minor. Printed Name of Parent/Legal Guardian Date Signature of Parent/Legal Guardian Date