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AG 07-085RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: 'F W LL 2. ORIGINATING STAFF PERSON: `C,�p� S�t,�nh EXT: (�°I 3 Z, 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G, RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT � PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. sorm xEEi.nTEn nocuMErris> ❑ ORDINANCE ❑ RESOLUTION �.CONTRACTAMENDMENT(AG#): b��o�� ❑ INTERLOCAL o OTHER 5. PROJECTNAME: oer5 ov►o�, �ra� h�� a SeYV i ces 6. NAME OF CONTRACTOR: (�►t t�.� 1 G u�Inb �r k ADDRESS: $'16 5 333r �lwl alfdnD3 TELEPHONE Z,.53 S3� 9Ai E-MAIL: '1 'a FAX: SIGNAT NAME: � ; � � u��� t r� TITLE r o � aa 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIItEMENTS/CERTIFICATE �,ALL OTHER REFERENCED EXHIBTfS ❑ PROOF OF AUTHORTI'Y TO SIGN ❑ REQUIItED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: �j � �� yo t 3 COMPLETION DATE: UV1 wY� 3 i� 'Zo l 3 9. TOTAL COMPENSATION $ � 30 , D 00 • O 0 (INCLUDE EXPENSES AND SALES TAX, g' �) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: O�S ❑ rro IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: � � t- Z 2 DO - 3 5 L- 5"[ S- 5�-�l O 10. D UMENT/CONTRACT REVIEW I1�IITIAL / DAT REVIEWED I1�TITIAL / DATE APPROVED PROJECT MANAGER l 2L ❑ DIRECTOR � Z � ❑ RISK MANAGEMENT (g' APPr.[C.�r.E) � LAW ��Q � �L • 2i0 • I '7 11. COUNCILAPPROVAL(g'aPPL�c.�r..E) COMMII'TEEAPPROVALDATE: COUNCII.APPROVALDATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: `�2-�% 1� ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS l� LAW DEPARTMENT 11�4.SIGNATORY (ivta.� Yo,�R nmEC'rolt) �l CITY CLERK ❑ ASSIGNED AG# � SIGNED COPY RETURNED Or� I1�iITIAL / DATE SIGNED �• I-2 -�3 AG# ' - � � � DATE SENT: j ' � �I � �o Z. �I ��1 � - -- 11/9 ` GITY OF 'r..... Federal CITY HALL ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www! crtyaffederalway. com AMENDMENT NO. 6 TO RECREATION AGREEMENT FOR PERSONAL TRAINING SERVICES This Amendment ("Amendment No. 6") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Gail Cuthbert, a sole proprietor ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for Personal Training Services ("Agreement") dated effective March 14, 2007, as amended by all subsequent amendments, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 2 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than March 31 St, 2013 ("Amended Term"). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and a11 acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 1/2010 CfiY O� @���� F��d+�r��l CITY HALL ����� 33325 8th Avenue Scruth Federai �,fv'ay, �.+'JA 98003-6325 qc53} 835-it?�0 tv�;+w cft�rof�eiier�rlv�ay corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By Skip � 'est, Mayo DATE: . ;r.��?� Z-� I GAIL CUTHBERT � By: Printecl Name: �1� � ���t$ �� h� DATE: STATE OF WASHINGTON } ) ss. COUNTY OF 1 n�_) ATTEST: City Clerk, Carol McNei y, CMC AP OVED A, TO FORM: , City A ey, Patricia A Richardson � h1 �W�.� On this day personally appeared before me, �a J 1 � 4�be �t , to me known to be the individual described`in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and officia� seal this ��' day of �,,,r� , 2051. �. s 1►�T'tip ' Z; < � � '•- . � `�, � 8��� � 4�y�,i�i '49.�5 a`� ����1�����1M1�,.,�.,'`�'``�, �.,�-," G�- oa�� L . �-tf .�� (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires �{_�l � � AMENDMENT - 2 - 1 /2010 ��' ,4c Ro o` CERTiFICATE OF LIABILITY INSURANCE 3,7„2 °°""""' THIS CERTIFICATE IS ISSUED AS A MA'i'7'ER OF INFORMATION QNLY AND CONFERS NO WGHTS UPON THE CERTIFICATE HOLDER. THI8 CERTIFlCATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERACsE AFFORDED BY THE PO�ICIES BELOW. THIS CERTIFICATE OF INSURANCE OOES NOT CONSTITUTE A CON?RACT BETWEEN THE IS3UING iNSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANt: ff the certificate fioldsr is an ADDITIONAL INSURED, the policy(ies) mnst be endorsed. If SUBROGATION IS WAIVED, subject to the berms and conditions of the policy, certain policies may require an endorsemenL A statement on this certificate does not confel� righta to the certificatP holder in Ileu of;uch endorsemerrt(s . PRODUCER NAM : Thompson Insurance Enterprises LLC P110NE �: 3380 Chastain Meadows Parkway *""� Suite 100 Kertnesaw, GA 30144 x� g AFFOWDIDNi (:011@RAOE wuc s ��� mau�e�: tar i surance Com n 1 23 Gafl Cuthbert ,�,,,�s, 3440315th Plate SW ���; feeterai Way, WA 98023 p; U�URER E : IN RER F : COVERAGES CERT{FIGATE NUM�ER: 322606 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES OF MISURRNCE L(STED BELOW HAVE BEEN ISSUED TO TNE IN6URED NAMED A80VE FOR tHE POUCY PEWOD INDICATED. NOTWlTHSTANDINO ANY REQUIREMENT, TERM OR CONDITIOPI pF ANY CONTRACT OR OTHER DOGUMENT NIITH RESPECT TO YN�NCH'FH13 GERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DE3GRIB�D HEREIN IS SUBJECT i0 ALL THE TERMS, EXCLU510NS AND CONDITION3 OF SUCH POUCIES. LMAITS SHOWN MAY HAYE BEEN REDUCED BY PAfD CLAIMS. TYP6 OF INSURpNCH POLICY M�ER � GEM�RAL LFAlIUTY F�ICH OGCURRENCE i �_�OOO OOO X COMMERCIAL CiE1�RAL UABILITY PREMISE Ee occ nce f 3� � cuu�s�nn� Q occua X GL0694235-01 3/10/12 �/10/13 MED EXP o�,. > a EXCLUDED a X PROFESS�ONAL UABIUiY INCLUDED PERSOw►� & aDV MWURY S 1 000 000 IN EACH OCCURRENCE UMI'f CiENERAI ACatiR�TE i QEN1, /�f3CiRE0ATE 61MIT APPLIES PER: PRODUCTS • WMP/OR AtiC; i 3 OOO OOO PpLICY LOC : AUTpMp�EUA�,Ry WM8INEDS�K3lELIMIT = (�+ �) ANY AUlO BOOILY INJURY (Par P�fw�i a ALL OVVNED SCHEDUl.ED AUTOS AUTOS 80DILY INJURY (Per acdde� f ���.� NON-0VNJED AUTOS PROPERTY DAMACaE 5 (��1 s UMBR6LLA WB p��R EACH OCCURRENCE S_ �� �R CLAIM3-MADE ACiCiRECiATE S DED I�TENTIONS = WOItl(�3 COIIPE116A710N A - A110 iMPL,0YER8' LIABIUTV ��� ��wp��� � N I A E.t. EACM AC�IDEN7 S (ffNyHsaAaEOry kt NI� E.l. DISEA3E - EA EMPLOYE t DE8CRI� OF�OPERATfONS bMow E.L DISEASE - POUC`( LIMIT f i X s oeacwwnoN oF oPe�►naa i+.ocnnars i v�s (na� Rc�n �o+, naa�aai ia�.na sa�., amor.+p.a �s n�na► Federal Way Community Center 876 S 333rd St Federa) Way, WA 98�3 SHOULD ANY � THE ABOVE DESCRIBED POLICIES 8E CANC8LLE0 � Tf1E Ew�IFtl►TbN oV►TE 7HEttLOF. Not�cE wN.� sE DEIJVERE� MI ACCORDANCE WITH THE POLiCY PROY18tON8. � �/� � ' � � 1988-ZO'10 ACORD CORPORATION. All rl�hb �sqn►ed. ACORD Z6 (2010rOS) The ACdtD narne and logo are rogisberod marks � ACORD RETURN TO: m�,� � '�' EXT: Z� �`2� CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: �'/ 1 �C.� 2. ORIGINATINGSTAFFPERSON: I`'�� r�C,/I\I � ���n EXT: lG 32- 3. DATEREQ.BY: � I � � � T 4. TYPE OF DOCUMENT (CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ� ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION � CoNTxACT A1vt�t�rDl�tvz' (AG#): b �1-b �2TS ❑ INTERLOCAL OTHER PROJECT NAME: �� NAME OF CONTRACTOR: C� G+ 11 l�-T Y� t� � ADDRESS: 3N�'1,C13 � cS� p� �. W• �� � G..� �1�OZ.3 E-MAIL: SIGNATURE NAME: '1L.� y, �-i''� 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY T SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # ZO ^Cl�l' IOI''LSS lJ� BL, EXP. 12/31 /�Z UBI # b Z�f � S 3 y C , EXP. � 8. TERM: COMMENCEMENT DATE: �a) �I Il�`l COMPLETION DATE: � 1 I�J � I f -� 33y- �i/o Fax: TITLE: O (.l}�Ll 9. TOTAL COMPENSATION: $ � 3 b� Q�O � (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: ❑ YES �(NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES �SNO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY � PURCHASING: PLEASE CHARGE TO: !� I" 1�� ' 3S I' S�S � S I"� I O DOCUMENT / CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIVISION MANAGER ❑ DEPUTY DIRECTOR � DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE� ,e�LAW DEPT INITIAL / DATE REVIEWED IIVITIAL / DATE APPROVED 11. COUNCIL APPROVAL (IF APPLICABLE) �I_% �'��� iA / 1 .� I COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12 . CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS �LAW DEPT � SIGNATORY (MAYOR OR DIRECTOR� ��CITY CLE ❑ AsSiGrrEn AG # � SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL �� DATE REC'D: �� [ . I Z INI IAL / DATE SIGNED ..( - �j-�'L AG# - DATE SENT: 11/9 ` CITY OF '� Federal CITY HALL ��� 33325 8th Avenue South Federaf Way, WA 98003-6325 (253) 835-7000 www crtyoffederalway com AMENDMENT NO. 5 TO RECREATION AGREEMENT FOR PERSONAL TRAINING SERVICES This Amendment ("Amendment No. 5") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Gail Cuthbert, a"sole proprietor" ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for Personal Training Services ("Agreement") dated effective March 14, 2007, as amended by Amendment No. 1 dated effective March 14, 2008, and Amendment No. 2 dated effective March 14, 2009, and Amendment No. 3 dated effective March 14, 2010, and Amendment No.4 effective January 1, 2012. 1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit "B-5", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term ending December 31, 2012. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 1 /2010 � CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wrvw cityoffederahvay. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: 'p Priest, yor ATTEST: . City Clerk, Carol M Neilly, MC DATE: �ln-ry�.. I�, 2 a � Z- GAIL CUTHBERT /, �: fia.� 'I ► � � - � -� � Title: ���r.e,Ss �1,,��w.�u✓� DATE: (p � 1 �'L STATE OF WASHINGTON ) ) ss. COUNTY OF 1 � C'1 ) AP OVED AS FORM: 1��- City Att y, atricia A Richardson On this day personally appeared before me, ��-� a i f �'. w��''�rt , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GNEN my hand and official seal this (1 � day of � wn�' , 20 f L. � a``` ��, � � a �.pT'�R -•- ' ''� �°s"� ��p�'`�WA AMENDMENT ���, L. G��-�i'�, a•—,.• ��-, (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires �-�� r 5 -2- 1/2010 CITY OF �... Federal Way EXHIBIT B-5 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7d00 wtivw cttyoffedera/way. com 1. Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Thirty Thousand and 00/100 Dollars ($30,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed One Hundred Thirty Thousand and 00/100 Dollars ($130,000.00). 60% of revenue earned by the contractor will be paid upon receipt of invoice. 40% of revenue earned by the contractor will be retained by the City. Additionally, the contractor teaches Group Fitness classes which are payable at $28 per class. AMENDMENT - 3 - 1/2010 ACORO� °"r� �""�v°°'""n'' CERTIFICATE OF LIABILITY 1NSUR�4NCE 3n„2 THIS CERTIFICATE IS IS3UED A3 A MATTER OF INFORMATION ONLY AND CONFERS NO RtGHTS UPON THE CER7IFlCATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVEI.Y OR NEGATNELY AMEND, EX'FEND OR AITER THE COVERAGH AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AMD THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDI710NAL INSURED, the policy(ies) must be endoraed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsemerrt. A statement on this certificabe does not cwifar rights to the certfficate holder in Ifeu of such endorsement(s). PRODUCER NAM : Thompson Insurance Enterprises LLC PHONE c No : 3380 Chastain Meadows Parkway A �'^'� Suite 100 Kennesaw, GA 30144 wsune s a�oRa� cov�uoe wuc r "��o n+aun���: Star Insuran Com an 1 23 Gail Cuthbert u�aur�Re: 3440315th Ptace SW ,�� � ; Federal Way, WA 98023 ,,,�� o; x+�e: �n�su� F : COVERAGES CERTI�ICATE NUMBER: 322606 REVISION NUMBER: THIS IS TO CERTIFY TWAT THE POUCIES OF INSURANCE U3TED BELqW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINl3 ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTNER DOCUMENT 1MTH RESPECT TO WNICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORpED BY THE POLICIES DESCRIBED HEREtW IS SUBJECT TO ALl THE TERMS, EXCIUSIONS AND CONDtTIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE PO NUMBlR � 38NERAL LIABIIJTY EACH OCCURREWCE f � OOO OOO X COMMERCIAL OENERAL 11A81LiT`( PR M SE � ocaura�os = 3OO cwMS-nu4oe QX occuR X GL0694235-01 3/10/12 3/10/13 MEO �a c«� � s EXCLUDED A x PROFESSIONAL LIABtUTY INCIUDED PERSONAL 8 ADV INJURY a 1000 000 IN EACH OCCURRENCE WAIT (3ENERAL AGGIZECiATE i 3 Q� GEN'L AC3CiREGATE UMIT APPUES PER: PItODUCTB - CAMPlOP ACiO S 3 QOO OQO POIICY � lOC s AUTORW&I.E LIABILITY COM&NED SINGLE UMIT S �� �) ANY AUTO Bpp�LY INJURY (Per pM�on) i ALLONMEp SCHEOULED AUTOS AUTDS BOpIIY INJURY (P� s�t) E HIREDAU7'OS �N-0WNED AUTOS PROPERTY DAMAOE _ ���) S UMBR�W UAB p��R EACH OCCURR S E7ft�8s WB CWMSMADE AC3GREGATE 3 DED RETENTION 8 ' WOItl(�t8 �110N A - AND EMPIOYEI�b' LJABILITY ANY PROPRIETORIPARTNEWF�(ECtfTiVE Y/ N EL. EACH ACCIDENT S OFFlCffRIMEMBEREXCLUDED9 � N/A (Maid In NFI) E.L. OISEASE - EA EMPLOYE i DESCRI � �ERATIONS below E.L. DISEASE - POLICY UMIT S i X : �+ a� ov�twNS � GCCano� r vr�nC�� �acn �tbRO �w, aadwon.� � sen.euis. M nar. spae. k Aq�a►.al Federal Way Community Center 876 5 333rd St Federal Way, WA 98003 8HOULD ANY OF THE ABOVE DElICR�ED POLIC�3 !E CANCELF.ED �FORE n� �cww►n� a►� tHer�, � wiu ee uew�teu qr AccoROnNCe m� TMe poucr aaovisro�s. , .- � � - i � 4968-�010 ACORD CQRPQRATION. AII rigMs ewsrved. /1CORD 25 (�01 Or06) The ACORD name and lo�o aro reqistered marks of ACORD � ,......`..�.;�. �° � e � � � ,. . �1`�:'� ��` .� � � � � � � �r � ; ������� �� �� � � °� . � � � � �� �� ��� �,�, � R - N , M: ��.�� � � � � � � ; �� �� � � � � � f� � •� � 'A � �. ��� � � � � � r ;� � �� � � z.�'�f?�`���`' �`� � ��, � �t �''.-'. �� ._.. „ _ .,�� 3'��`t�, __.�, � � � .�. �< <.'�� � ._ �X� �� � ���� '��� �� _ � ��������, 7, '��� 4���$L, ± � > � � � �° { �° . � ' � - � _� � � �k � � ' � _ �� ,2 � ^ ` ;'k { 12 � � a°i � _ '�.k Y , � f -��,'�`�- � �� �, J"' � �4 = y aa �- ,; a. � < . - , � �.� � � ; _� � ±}� � � ' �'S� � . ° t ��# � e � � � `� � � 4 4 "� y ° � . ' �.� »,: r�. ` (�P;s f .� � e . � '^i d �'C � �i y � k' � � w ,ap, � M 'r�r �} � 5 � � '�a x R 4 - � �, a_ � T � x t e t, e s � ..� , „ � . ,,.,. ��� :. � ' c g> -., _ d � . r� a y � � �6 a � � � � � �' � � �� + - � zd ,} A � � � �� � �'aC" � � � .� L .-ayA� � �.� � a�t }� T . ' - �' t � "�.,' ' ^�b 1 �d "5: �.-"� �i " � r 4 � �{�� , �� qy � }ry p �� y � d ; � �l�N�� u sl�lil� 3�� � ��i11F. . A - � .. ''`. t �� : �* $6r P Yy' � �{� , ., � �1"R'�f+�i+��� �i✓ � � f- r: r �'° S . . kw. k� z� 4A b ; �� �� ".: � q a ^ '. � � 4 '' `,r�' Y � s:`� ` i , � " '' ? ,' - � "�°� �� � � � '� ,� � � � � �' _ � 4 � �. � a � _ � ����� �s �� �� ��� �� ,��.,�� � �� � �� �` � ° �. 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' �. � . .�.� . . .. �w � .. , � . .. _� � . � . . . .. . � E � w � i � a �, ' �,�° �� �� � d S�`�$� .7 s' YEd� . � � n . -�� � k� ..: � � . � .� . . .. � . . .�g ' �- � � .. � ` � �,�; �E�2� � � ,ar � � ��� � � ; � � 3'� '- 3 ... 4 }y `s g� $ fi n;�E �.`� �, k � � i �, � i= _,t . . Y��a�4, `. 's�.a„ ;� �roR� . , . �� '° "� ° . . . . . ...� . � . . . . . . . _ �, _ RETURN TO: � ��- EXT: � CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: I 2. ORIGINATING STAFF PERSON: v�� ( EXT: (v �JZ 3. DATE REQ. BY: I � 1 _ I 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT � GOODS AND SERVICE AGREEMENT � HUN�AN SERVICES / CDBG � REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT �E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION � CONTRACT AMENDMENT (AG#):� "Q� ❑ INTERLOCAL ❑ OTHER � � n .�e—� e r . � _ _ _� ... 5. PROJECT NAME: 6. NAME OF CONTRACTOR: a►DDxESS: 3� 4 03 NAME: TELEPHONE � :S - 3� �I - `1 I �J FAX: TITLE r�WyvQ.� . �1 7. EXHIBITS AND ATTACHMENTS: � SCOpE WORK OR SERVICES ❑ COMPENSATION � INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES � PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: �J � I�I�M1 COMPLETION DATE: I� t� l� 9. TOTAL COMPENSATION $ � � O(7 OO� � _ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR HARGE - ATTACH SCHEDULES O�' EMPLOYEES TITLES AATD HOLIDAY KATES) REIMBURSABLE EXPENSE: ❑ YES �vo IF YES� MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES �TO IF YES, $ PAID BY: ❑ GONTRACTOR O CITY � PURCHASING: PLEASE CHARGE TO: " � � ��� a-C�1,� �S t`� S� S ��� C7 10. D MENT/CONTRACT REVIEW INITIAL / DATE REVIEWED I1�iITIAL / DATE APPROVED PROJECT MANAGER ( I � ( l�� �G� DIRECTOR � ❑ RISK MANAGEMENT (�F APPLIC.4BLE) 111��°�1, LAW I�f P 'I�I `) l S�C t�:Y�.� 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: _ 12. CONTRACT SIGNATURE ROUTING � SENT TO VENDOR/CONTRACTOR DATE SENT: I I���I �� DATE REC'D: I I� Z� � � ATTACH: SIGNATUREAUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ��I�) LAW DEPARTMENT � � �SIGN�TORY ( �J�,�,�a�/ :) ���'[� CITYCLERK � ❑ ASSIGNED AG# D SIGNED COPY RETURNED INITIAL / DATE SIGNED P II•��•\1 AG# � b DATE SENT: ��� • l L � l �-P �� �1'l�. F�'lit��A 1�" '�" StL P o� �. /��Sp, `�'�`"S w� ii� � CITY OF '�,,�.., Federal CITY HALL ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7�40 www. cityoffederalway. com AMENDMENT NO. 4 TO RECREATION AGREEMENT FOR PERSONAL TRAINING SERVICES This Amendment ("Amendment No. 4") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Gail Cuthbert, a"sole proprietor" ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for Personal Training Services ("Agreement") dated effective March 14, 2007, as amended by Amendment No. 1 dated effective March 14, 2008 and Amendment No. 2 dated effective March 14, 2009 and Amendment No. 3 dated effective March 14, 2010. 1. AMENDED TERM. The term of the Agreement, as referenced by Section 2 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than January 1, 2013 ("Amended Term"). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and a11 acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments; as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 1/2010 � CITY OF '�,�..., Federal CITY HALL ��� 33325 8th Avenue South Federal Way, WA 980Q3-6325 (253) 835-7040 w�vw. atyoffederahvay. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: Skip Pries , Mayor � � � : JL.r.:.� - , i GAIL CUTHBERT .By: Printed Name: '�� A_� ( � ���(,1.�(��- l Title: -��'�°v�9cQ'�'�,�V� l r� l�fL�� DATE: 1 � (� [ l � ATTEST: . City Clerk, Carol Mc eilly, CM AP OVED AS FORM: �- City Atto , Patricia A Richardson STATE OF WASHINGTON ) ) ss. COUNTY OF C► ) On this day personally appeared before me, � G(�( , � C(�( �►" 1�GY f , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that }�/she/t1�e3Lexecuted the foregoing instrument as �s/her/t� free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this � day of 20 � I . (ty�ed/printed name of notary) Notary Public in and for the State of Washington. My commission expires �- 2� 13 AMENDMENT - 2 - 1 /2010 � CITY OF � ������' ��� _ Bt15l�IES� F�EGISTRATION License Number: 20-07-1�'i455-E�-BL . : ; ,. , . , -� . � . : , Hume Uce�patia�n - Regular , . : . . _ _ . '� �teqes#eted; GAFt GUTFlBERT • 344t33 15TH PL SGV Expiratian: 12J3112Q12 FEC}ERAL UVAY, tNA 98Q23-7a55 � :, � �� Catec[arv: 720Q - Persanat Services � ; � Conditions: 7his ticense is �on-trans#erabfe. Pfease natify the City Cierk's office of any change in ya�r business sucfi as a new tocation ar business name. � u ttrt,��� :�� � .� ���� ��' C} � % ,... � •' • � ' �� : J�.�`= � �� i , „C f j� p ,(� � � C � C� �� t' � L.�-c/Cr�r� � f��� � S�1lL � % = % � �,, �`' City Clerk, City of Fed+era! Way .�,y��l/������ ��. � Mis c��#ifiss itt�t #he above enfify has'been issued the registcation or ficertse listed. ` ly bf Fetler�I Way - Licensing (253) 835 2527 - 33325 $th Ave S., PO Bax 9718, Federai Way, WA 9806�9718 — � . �A1t� �tiT#�SER'7` •3440� �'� PL SW F�D�R�+L V'#/i�X �tA 98(�2� Aco ° ` C E RTI F I CATE O F LIA B I LITY I NS U RA N C E DATE (MM/DD/YYYY) `..� 3/9/11 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. IMPORTANT: If the certi�cate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certi�cate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Thompson Insurance Enterprises, LLC / dba: Association Insurance ac Ext : NC No : 3380 Chastain Meadows Pkwy, Suite 100 E-MAIL ADDRESS: KenneSaw, .30�� PRODUCER CUSTOMER ID 0: INSURE 3) AFFORDING COVERAGE NAIC # INSURED INSURERA: SLafIIl5U1'dIlC2COIll an �8�23 Gail Cuthbert �NSUr�Re: 34403 15th Place SW INSURER C: Federal Way, WA 98023 INSURERD: � INSURER E : � INSURER F : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY R�QUIREMENT, 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 7ypE OF INSURANCE POLICY EFF POLICY EXP L1R POLICY NUMBER MMIDDIYYY1f MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ X COMMERCIAL GENERAL IIABILITY PREMISES Ea occurrence S CLAIMS-MADE � OCCUR X GL0694235 Mar 10, 2011 Mar 10, 2012 MED EXP (My one person) S A PERSONAL 8 ADV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - CAMPlOP AGG 3 POLICY PRa LOC a AUTOMOBILE LIABILITY COMBINEO SINGLE LIMIT $ (Ea accident) ANY AUTO ALL OWNED ❑ SCHEDULED BODILY INJURY (Per perso�) S AUT0.S AUTOS BODILY INJURY (Per eccideM) $ HIREDAUTOS NON-OWNED AUTOS PROPERTY DAMAGE a (Per acdderrt) $ UMBRELLA LJAB p�UR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTIONS y WORKERS COMPENSATION WC TATU- H- AND EMPLOYERS' �IABILITY y � N T RY LIMIT ER ANY PROPRIETOR/PARTNER/EXECIiTIVE � E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N /A (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ Mar 10, 2011 Mar 10, 2012 Edch Occurrence 51,000,000 A PROFESSIONAL LIABILITY X GL0694235 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Alhch ACORD 701, Addklonal Remarks Scl�edule, H mwe space Is required) CERTIFICATE HOLDER CANCELLATION erti icate : 2348 8 Federal Way Community Centerg SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 876 5 333rd St THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way, WA 98023 The below named certificate holder is Additional Insured AUTHORIZED REPRESENTATIVE � O 1888-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD RETURN TO: �'� � �_ �,� �_ � EXT: CITY OF FED RAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: ���.� 2. ORIGINATING STAFF PERSON: � t►-�-t �'3c'�-�.�1 S I--� EXT: �� ,"Z 3. DATE REQ. BY: -3 'ZZ � u TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT �E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION `�4 CONTRACT AMENDMENT (AG#):� S ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: P�5 a►'l� �� � R�+'�t ���� C P S 6. NAME OF CONTRACTOR: (�u.c l C.�.�. �✓l ADDRESS: 3 3 ' �t PLi ' � - W� �` � �3 TELEPHONE J�3-3'3�1- �1l �7 E-MAIL: q i I r� a cc.t�v .�� FAX: " SIGNATU NAME: � ��; I Cu h-r,✓f" TITLE ��/V�-✓ 7. EXHIBITS AND ATTACHMENTS:l�;SCOPE WORK OR SERVICES �1COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: �� I��' I l� COMPLETION DATE: t 1 1 1 1 Z 9. TOTAL COMPENSATION $ ��O Z7 �� (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES C7� EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: � YES [$MO IF YES� MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED � YES (�NO IF YES, $ PAID BY: � CONTRACTOR O CITY I� PURCHASING: PLEASE CHARGE TO: ' I � l - �1 7�f�(.�' � S 1 � �� S' �� � � � � ' 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWE I1�TITIAL / DATE APPROVED �, PROJECT MANAGER � �� 3 ii I i o� �� � 12 ' � 0 , ❑ DIRECTOR ❑ RISK MANAGEMENT (tF aPPLiCasLE) ❑ LAW �-I l0 '1,b �c-e �u�.o�J � ,3 _ 2�3- t � 11. COUNCIL APPROVAL (IF APPLICASLE) COMMITTEE APPROVAL DATE: ! �� COUNCIL APPROVAL DATE: !"� 12. C(�,AiTRACT SIGNATURE ROUTING N�SENT TO VENDOR/CONTRACTOR DATE SENT: �{) SI �� DATE REC'D: O ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT ❑ SIGNATORY (C1vt oR D�xECTOR) O CITY CLERK ❑ ASSIGNED AG#� ❑ SIGNED COPY RET ���D � „�1 COMMENTS: , . , _ INITIAL / DATE SIGNED � "��� ;A� �(- -!u •' AG# _ �'7 - DATE SENT: • / 2. • !7 � � � Q I o �n ..� c�D /l c�l s� lX7n�- 6� �✓� S �1 r C��C� � �I >�r.� � � � � r `� I ► 1 1 � � ♦ t. ► '. � t11' -sr_ � ' ■ 1 :a4'� � � CITY O� CITY N,�tL ��,r ��I �.�l� �� 33325 Sth Auenue South • PO Box 9738 F2deral tNay. V�+A 98fl63-9?18 (253) 835-7Qfl� ;�nvw dt�rcfft7ci�rafw�tv. carrr AMENDMENT NO. 3 TO RECREATION AGREEMENT FOR PERSONAL TRAINING SERVICES This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Gail Cuthbert, "a sole proprietor" ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for Personal Training Services ("Agreement") dated effective March 14, 2007, as amended by Amendment No. 1 dated effective March 14, 2008 and Amendment No. 2 dated effective March 14, 2009 as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than January 1, 2012 ("Amended Term"). 2. AMENDED SERVICES. The Services or Work, as described in Exhibit "A" and as referenced by Section 2 of the Agreement, shall be amended to include, in addition to work and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit "A-3" attached hereto and incorporated by this reference ("Additional Services"). -' ' 3. AMENDED METHOD OF COMPENSATION. The method of compensation, as refereri�ed by section 4 of the Agreement, shall be amended to change the method of payment, as delineated in Exhibit "B-3", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for. its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year:from the effective date of this Agreement. Except as otherwise provided in an attached Exhibit, the Contractor sha11 be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. - 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 1 /2010 • ,+r. � �a �rr ': �i► CITY Hfi��L 33325 vth Avenue South - PC� Box 971 � Federal b�'Uay. 1�iA 98fl63-9'18 (253; o�5-7C}�(} �.���w � ify�?fti��i�r 3Pw�zy� crtr.*r IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY B �G�,�^ �l. ���'�'f.dv�-�,� f Wilson, City Manager/Police Chief � ., ATTEST: ����/ L(5�, . City Clerk, Carol Mc eilly, C DATE: �/� � �/v APPROVED AS TO FORM: �,,.� � City Attorney, Patricia A Richardson GAIL CUTHBERT � By: Printed Name: � �.� � Cu>�r..��\ Title: �Fs�.�h,r� � ���r.QS� �Q� �-Qs s� �\ DATE: `� ` V � � ° STAT�.OF WASHINGTON ) . ) ss. COtJNTY OF �1 �1 ) On this day personally appeared before me, � a1 t � C U�� r� , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this ��' day of {� QY i � , 20 I�. � IUI. j� ,�tp ���ssion �� ��� r ^ ; � v �OTq,��''m '�' (typed/printed name of not ) �.� �B ry �, Notary Public in and for the State of Washington. 9 �, c� My commission expires �-� �O�dt � v� 2-d12 .c. �l'i.ao., �G � _'t � AMENDMENT - 2 - 1/2010 � ,rr �r �:,� � � � ` �s EXHIBIT "A-3" SERVICES CITY H.ALL 33�25 8th .4ve�ue South • PO B�x 971 � Fe�araf d��'ay. �r1f,4 98053-9718 (253) 835-7C}�JQ 6Y6S'W Ct���'�%;`t`E'rfi:1.3��LYfJ1�`. i:C1777 1. The Contractor shall do or provide the following in addition to services in previous Exhibits: Provide personal training services for the City of Federal Way. These services may include, but are not limited to: • Fitness Program Creation • Body Composition Testing and Analysis • Wellness Coaching • Fitness Equipment Instruction • Group Training • Wellness Lectures • Group Fitness Instruction • Marketing and Promotion of Services • Teach Specialty Classes (such as Making the Cut and Boot Camp) • Teach Kettle Bell Classes AMENDMENT - 3 - 1 /2010 CITY C��F CITY Ht�I.L ���� � r � 3352� 8tt� Avenue Sauth • PO Bo� 971� �, Fecferai ��'Vay, VVA 98063-Q?'8 (253) 835-70flQ binNW C:f�j'f}t`tC?C�Pfi3(W£IY �r%!?�3 EXHIBIT "B-3" METHOD OFCOMPENSATION FOR ADDITIONAL SERVICES 60% of revenue earned by the contractor will be paid upon receipt of invoice. 40% of revenue earned by the contractor stays with the facility Additionally, the contractor may participate in programs requiring personal training (such as the Biggest Loser) and contractor will receive $15 per client per session for these services. The contractor teaches Group Fitness classes which are payable at $28 per class. The contractor agrees to teach Specialty classes (such as "Making the Cut" or Boot Camp) for $30 per class. For the new kettle bell program starting in the Summer/Fa112010, the contractor will be paid $3.75 per person for a 25 minute classes, $7.50 per person for 50 minute classes AMENDMENT - 4 - 1 /2010 _ ` CITY OF ,�, Federai Way BUSINESS REGISTRATION License Number 20-07-101455-00-BL I�ome Occupation - Regular Re�tered: GAIL CUTHBERT 34403 15TH PL SW FEDERAL WAY, WA 98023-'1055 Expires:l2/31/201 U� Categorv: 7200 - Personal Services Conditions: This license is non-transferable. Please notify the City Clerk's office of any change in your business such as a new location or business name. ����� � � � �,,,,�� ``��. � F EDEq .,��' p •••. ! ��,,' .• .��� � /�,. ��pRPOHAtE • 9 ,� _ (.�.C/C� �Y . � U � SEAL = � : •.'� ,9 �0. : ` '��� NG ,�O? � City Clerk, City of Federal Way ��4►11 t���� This certifies that the above entity has been issued the registration or license listed. � City of Federal Way - Licensing (253) 835-2506 33325 8th Ave. S., P.O. Box 9718, Federal Way, WA 98063-9718 GAIL CUTHBERT 344U3 15T'H PL SW FEDERAL WAY WA 98023 AC�RD CERTIFICATE O� LIABILITY INSURANCE M � at 2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANp CONFERS NO Thompson Insurance Enterprises, LLC /dba: Association Insurance Group RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, 3380 Chastain Meadows Pkwy, Suite 100 EXTEND OR AI,TER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. Kennesaw, GA 30144 INSURER A: Star Insurance Com an 18023 Gail Cuthbert INSURER B: 34�30315th Place SW INSURER C: Federal Way, WA 98023 INSURER D: INSURER E: HE POLICIES pF INSURANCE LISTED BE 0 AVE BEEN ISSUE TO THE NAMED ABOVE FORTHE POLICY PERIOD IN ICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CpNDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIfICATE MAY BE ISSUED OR MAY PERTAIN, HE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIDCLAIMS. INSR ADD'L TypE OF iNSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY DCPIRATION LIMITS LTR INSRD DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL UABILITY GL0583236 Mar 5, 2010 Mar 5, 2011 EACH OCCURENCE $1 000 000 �COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED �CLAIMS MADE OOCCUR PREMISES{Eaoccurence) $300,000 � MED EXP (Any one person) Excluded PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - CQMP/OP AGG $3,000,000 �POLICY � PROJEGT � LOC GENERALAGGREGATE $3,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT NY AUTO (Ea accident} ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY � NON-0WNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) Garage Liability AUTO ONLY - EA ACCIDENT � AnyAuto OTHERTHAN EAACC � AUTO ONLY: AGG EXCESSNMBRELLA LIABILITY EACH OCCURRENCE � OCCUR � CLAIMS MADE AGGREGATE � DEDUCTBLE � RETENTION $ WORKERS COMPENSATION AND WCSTATU- OTH- EMPLOYERS' LIABILITY � TORY LIMITS � ER ANY PROPRIETORJPARTNER EXECUTNE E.L EACH ACCIDENT OFFICER/MEMEBER EXCLUDED? E.L DISEASE - EA EMPLOYEE E.L DISEASE - POLICY LIMIT If yes, describe under SPECIAL PROVISIONS below OTHER GL0583236 PROFESSIONAL LIABILITY OCCURENCE 1,000,000 Mar 5, 2010 Mar 5, 2011 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVIS�ONS Certi icate Holder is isted as an ad itiona insured on t is po icy Federa) Way Communtty Center SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIONDATETHEREOF,THEINSURERWILLENDEAVORTOMAIL ld DAYS 876 5 333rd St WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAIIURETO Federal Way, WA 98063 D0 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINp UPON THE INSURER, ff5 AGENTS 0 R REPRESEIYTATIVES. AUTHORIZED P S ATIVE �� acoaozs aooiroal ID: 170668 1. ORIGINATING DEPT.IDIV: _PR C S 2. ORIGINATING STAFF PERSON: \<l(v\bev~) SIN t.~ EXT: hO('3'~ 3. DATEREQ.BY: c;-I fl'!O/ 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) o PROFESSIONAL SERVICE AGREEMENT 0 SECURITY DOCUMENT (E.G. AGREEMENT & o MAINTENANCE/LABOR AGREEMENT PERFIMAIN BOND; ASSIGNMENT OF FUNDS IN UEU OF BOND) o PUBLIC WORKS CONTRACT 0 CONTRACTOR SELECTION DOCUMENT o SMALL PUBLIC WORKS CONTRACT (E.G., RFB, RFP, RFQ) (LESS THAN $200,000) ~CONTRACT AMENDMENT AG#:JlJ... OK -:, b o PURCHASE AGREEMENT) 0 CDBG (MATERIALS, SUPPUES, EQUIPMENT) 0 OTHER o REAL ESTATE DOCUMENT PROJECT NAME: -? (J, (5 C5Y1tLl Tr-a l~(\ I ~ S' e-V' V ( c.6xJ NAME OF CONTRACTOR: b C~ Ck~ ~:r-f- ADDRESS: SIGNATURE NAME: (-, cLi.l C ~ J-(,.. ~ 5. 6. DATE IN: T. T DATE OUT: REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP TELEPHONE ?-A" 3-- 3 3 ~ - q. 07 TITLE t> L-VY\a.../ 7. ATTACH ALL EXHIBITS AND CHECK BOXES ..a! SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT o INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE COMMENTS . c. 'd" ) ~~~ ::J-lV\_ ~ iV'\$urav\('fJ/ .7 ~ .k-\fJ\ru."N;V{;x- \h-ov \c ~ 0.- 07/05 C Qt.-\- * \h lO'(' Od'NA\..dAV\..e_~~ ,'t !;e,{ n()~ 01\ zx A ~I Clt~\ '(f ~()q \Ai\/( tt\,UDtOVyj ,kvvti:fb '/J 1..-$13 8. 9. 10. 11. TERM: COMMENCEMENTDATE:~COMPLETIONDATE: 31,"-1) 10 :>0 0 ~ 50, <:lac> ::. I$I~I 600 TOTALCOMPENSATION$ ~~ } 0 n (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR 6HARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY CONTRACT REVIEW ). PROJECT MANAGER )n5iRECTOR o RISK MANAGEMENT o LAW INITIALIDAT~ APPROVED r~b~ r;-l I ()t o~ 5. '''to ~ INITIALIDATEAPPROVED ~p ~~\~-()1 8ee/Y\01G1 r.. \ ~ ~t(.>;.cJ*' CONTRACT SIGNATURE ROUTING INITIALIDATEAPPROVED ~ ~~~ .. M~k~1:~"1^_ ~ITYCLERK Cfr~~ gSIGN COPY BACK TO ORGINATING DEPT. orrm lJ>.2.J+.dl o ASSIGNEDAG# A PURCHASING: PLEASE CHARGE TO: . \U, lJ.-otr~) 1- S'7Y- ";/- 41C> INITIALIDATE APPROVED f,o~ SVCS. ({~ ,,-,vi s<hk bIAS I,Wrt5.es 'lYl~ vt~ A Federal Way CITY HALL 33325 8th Avenue South. PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 W>1IWcityoffederaJway com AMENDMENT NO.2 TO PROFESSIONAL SERVICE AGREEEMNT FOR PERSONAL TRAINING SERVICES This Amendment ("Amendment No.2") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Gail Cuthbert, a sole proprietor ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for Personal Training Services ("Agreement") dated effective March 14,2007, as amended by First Amendment dated March 14, 2008, as follows: IZI 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion ofthe Services, but in any event no later than by March 14,2010 ("Amended Term"). (If no new date is included then the Term shall be as provided in the Agreement.) IZI 2. AMENDED SERVICES. The Services or Work, as described in Exhibit "A" and as referenced by Section 2 of the Agreement, shall be amended to include, in addition to work and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit "A-I" attached hereto and incorporated by this reference ("Additional Services"). (If no Exhibit "A-I" is attached no amendment of Services is contemplated.) " ." c. I:8J 3. . AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit "B-1", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate( s) for a period of one (1) year from the effective date of this Agreement. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. (If no amount is included then the total compensation shall be as provided in the Agreement and if no Exhibit "B-1" is attached no amendment of compensation is contemplated.) D 4. ADDITONAL AMENDMENTS. The Agreement shall be amended as delineated in Exhibit Z-[ #] attached hereto and incorporated by this reference. (If no Exhibit "Z-[#]" is attached no additional amendment is contemplated. ) 5. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 14 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - Amd Ind 3/31/09 4l"~ Federal Way CITY HALL 33325 8th Avenue South. PO Box 9718 Federal W<ry, WA 98063-9718 (253) 835-7000 ItWWcilyoffederaJway.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ~~RO~:?~~OO'EM DATE: ATTEST: APPROVED AS TO FORM: Signature on file, form approved 3/31/2009 by: City Attorney, Patricia A Richardson Gail Cuthbert] o r c r.~1-4 By: O~, ( ~. Printed Name: Ga...'- \ 6 ~~-t Title: 1>~~\ T'~~~ IR~J) \'V\\\t>J.~ DATE: ~\-~\t)l STATE OF WASHINGTON ) J~ ) SS. COUNTY OF ) On this day personally appeared before me, 6A' L~. C.l~V'J:r , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this AMENDMENT :3 ~of ....)o~ . ' 20(f') ~~~~ (typed/p inted name of notary) Notary Public in and for the State of Washington. My commission expires Ie, j l~.......:>E: ;Q>~\d - 2 - Amd Ind 3/31/09 .... ,...""" nr rITV5..JJHI . ,~ Federal Way CITY HALL 33325 8th Avenue South . PO Box 9718 Federal Way. WA 98063-9718 (253) 835-7000 www.dtyoffederaIw8y.com EXHIBIT "A-2" ADDITIONAL SERVICES 1. The Contractor shall do or provide the following in addition to services in previous Exhibits: Provide personal training services for the City of Federal Way. These services may include, but are not limited to: . Fitness Program Creation . Body Composition Testing and Analysis . W ellness Coaching . Fitness Equipment Instruction . Group Training . Wellness Lectures . Group Fitness Instruction · Marketing and Promotion of Services AMENDMENT - 1 - Amend Exh 3/31/09 A Federal Way CITY HALL 33325 8th Avenue Sooth . PO Box 9718 Federal W~, WA 98063-9718 (253) 835-7000 wwwcityoftederalwaycom EXHIBIT "B-2" ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Fifty Thousand and No/lOO Dollars ($50,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed One Hundred Thousand and No/100 Dollars ($100,000.00). 60% of revenue earned by the contractor will be paid upon receipt of invoice. 40% of revenue earned by the contractor stays with the facility Additionally, the contractor may participate in programs requiring personal training (such as the Biggest Loser) and contractor will receive $15 per client per session for these services. Finally, the contractor teaches Group Fitness classes which are payable at $28 per class. AMENDMENT - 2 - Amend Exh 3/31/09 . ACORDTM CERTIFICATE OF LIABILITY INSURANCE Date Feb 6,2009 THIS CERTIFICATE IS ISSUED AS A MAmR OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Thompson Insurance Enterprlses!Oenver 3380 Chastain Meadows Pkwy, Suite 100 )(ennesaw, GA 30144 Gail Cuthbert 34403 15th Place SW Federal Way, WA 98023 .,:",,,F,: "\",,;!iir,~,,QE;~t.;,jj'%!i!\\~\.c'.",;!:f~~1"'~<'" ,_"':J',~:,'"", ',,' ;0;,. ::",'ii ~-~ - ~ . . . . .::). ..;OT .. .. - .. -... : REQUIREMENT, mtM oA1:eNolnON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTlRCATE MAY BE ISSUED OR MAY PERTAIN, E INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREiN IS SUBJECT TO ALt-:ntE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES. GGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . TYPE OF INSURANCE GENERAL LIABILITY BCOMMERCIAl GENERAL L1ABII,.I;W , CLAIMS MADE I8I OCCUR B N'l AGGREGATE LIMIT APPLIES PER: o POliCY 0 PROJECT 0 lOC AUTOMOBILE LIABILITY NY AUTO L OWNED AUTOS SCHEQijt'ltMUTOS HIRED~TOS NON:..()WNED AUTOS- POLICY NUMBER APL0900457 LIMITS Garage liability o Any Auto o EXCESSIUMBRELLA lIAB1UJY o OCCUR 0 CLAIMS MADE o DEDUCTIBLE o RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER EXECUTIVE OFFICERlMEMEBER EXCLUDED? COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONt Y - EA ACODENT OTHER THAN EA ACC AUTO ONLY: AGG EACH OCCURRENCE AGGREGATE O WCSTATU- OTH- TORY LIMITS 0 ER E.L. EACH ACODENT E.L. DISEASE. EA EMPLOYEE E.L. Dlst!Mt. POLICY LIMIT If yes, describe under SPECIAL PROVISIONS below OTHER PROFESSIONAL LIABILITY APL0900457 Feb 6, 2009 Feb 6, 2010 OCCURENCE AGGREGATE 1,000,000 3,000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Holder is Iisted'llC an additional insured on this policy Federal Way Community Center 876 5 333rd St Federal Will, WA 98063 S A BE 0 EXPIRATION DATE THEREOF, THE INSURER Will ENDEAVOR TO MAil 1 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED to THE LEFT, 'Bii'i'FAtLURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY dltANY KIND \.lPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUT P I ~ ACORD 25 (2001/08) . ,~ Federal Way BUSINESS REGISTRATION License Number: 20-07-101455-00-BL Home Occupation - Regular Registered: GAIL CUTHBERT 34403 15TH PL SW FEDERAL WAY, WA 98023-7055 Expiration: 12/31/2009 Category: 7200 - Personal Services Conditions: This license is non-transferable. Please notify the City Clerk's office of any change in your business such as a new location or business name. \\1'"111';, ,,\\ fEOE09. I"" ........'o<c ........":f( ""... ~4.- . ..~~ 3 t: :' COf\PORAff \ ~ ~ -0. .....~ .- ~ :. SEA\.. : : - .' S).- """ ~ '.~ 28 '\~~.~ .$ ...... Iz,.. ....~.. 0....... "''''1 "'SHI~G~ "". """1 \1\\\ wG9f94.. fY)c~ City Cieri<, City of Federal Way This certifies that the above entity has been issued the registration or license listed. City of Federal Way - Licensing (253) 835-2527 - 33325 8th Ave S., PO Box 9718, Federal Way, WA 98063-9718 GAIL CUTHBERT 34403 15TH PL SW FEDERAL WAY WA 98023 ~ Internet Master Business Application Page 1 of4 ,/ .Master License Service '.' Department of Licensing POBox 9034 Olympia WA 98507-9034 Master Business Application Record of Filing Congratulations I The application has been submitted with the following information. Print this page for your records. This is your receipt. If you find any mistakes, please enter your corrections on the next screen. Filing Information Filing Date and Time: Mar 21 2008 8:51 :38:000AM Pacific Time UBI Issued: 602815340 Application Transaction #: 20080815057 (Refer to this number if you have questions about this application.) Credit Card Approval #: Last 5 digits of Credit Card #: Credit Card type: ~I 21611 Visa 11111 1 I Purpose of Application Open/Reopen Business Ownership Structure Ownership Structure: Sole Proprietor Is this application for a business with a Washington State location? Yes Will you have employees working in Washington State within 90 days? No Federal Employer 10 Number (FEIN): Unified Business 10 (UBI): Business 10: Location 10: Business Location Address: Business Location City: State: Governing Person(s) Person 1: Title(s): Name: Phone: Birth Oate: Owner Gail Elizabeth Cuthbert (253) 334-9107 07/03/1963 https://fortress.wa.gov/dol/mls/Main.aspx 3/21/2008 - ,. - - Internet Master Business Application Page 4 of 4 " business hours. Your license document will be mailed after all licenses are approved. Please allow 14 business days to receive your license in the mail. Please Print this page for your records. ~.....;;] ,,'.o.W"oo.No.o_ .... , . " '0..' oJ,"'''"' "'~:-"'''...- .~-,. ... . >'..-'~..c:""'~ Jfb> ~3P~ https://fortress.wa.gov/dol/mls/Main.aspx 3/21/2008 DATE IN: 1. 2. 4. 5. 6. 7. 8. 9. DATE OUT: CITY OF FEDERALWA REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP ORIGINATING DEPT.IDIV: ft2cS ORIGINATINGSTAFFPERSON:_t<'M~ SheL+t>n EXT; "q 32- 3. DATEREQ.BY:~/IL//dfj TYPE OF DOCUMENT REQUESTED (CHECK ONE) o PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE/LABORAGREEMENT o PUBLIC WORKS CONTRACT o SMALL PUBLIC WORKS CONTRACT (LESS THAN $200,000) o PURCHASE AGREEMENT) (MATERIALS, SUPPLIES, EQUIPMENT) o REAL ESTATE DOCUMENT o SECURITY DOCUMENT (E.G. AGREEMENT & PERFfMAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) o CONTRACTOR SELECTION DOCUMENT V (E.G., RFB, RFP, RFQ) 'f\ CONTRACT AMENDMENT AG#: CTl ~ 0 gS- .CL, o~BG OTHER PROJECTNAME:3-e>fSonaJ 'TI'Q IrH~ avtJG(2..0\Jp E(<eru<;e Clqssc..s NAME OF CONTRACTOR; (5-Ql'! CLA---t-t. ~ ADDRESS: 31.f I..j O~ \~ ttJ~~' W~ (tAN\- q &,().7- 5 SIGNATURE NAME; ~ '. . TELEPHONE ;;153-334.-Cf I U7 TITLE 6wV\ a...a.... ATTACH ALL EXHffiITS AND CHECK BOXES 0 . SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT o INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE TERM: COMMENCEMENT DATE: 3/1 Lf I 0 & COMPLETION DATE: '3/,4 10 1 TOTAL COMPENSATION $ 5 D 000 . (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CtfARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES ~NO IF YES, MAXIMUM DOLLAR AMOUNT; $ IS SALES TAX OWED 0 YES tvJNo IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY 10. CONTRACT REVIEW ~ PROJECT MANAGER o DIRECTOR o RISK MANAGEMENT 'P LAW "?:>~l1..-b~ CONTRACT SIGNATURE ROUTING o LAW DEPARTMENT o CITY MANAGER qY- o CITY CLERK o SIGN COpy BACK TO ORG o ASSIGNED AG# ?PURCHASING: PLEASECH~ TO:. \ 1I-/;;;l..DO-3S-1-S-cS--S-1-3s-y COMMENTS '~l . ~of of I(\Svr~ ~ 4-. bUStfl<$S lC4-nS~ ~~ \vJW'S <Apl>fC'{a.l 4- l~ r\5UrC()'\U C~(t J ""'* Seee"Ub ~ p.' + C()~ctor- nUAs ~tt/ l?w'E:>i~ li'lbl1~ -H1 07/05 .p(C)~- E2\=-- ~ blA.$, LlU2MSe. c<., 11. INITIALIDATE APPROVED %f:~ ~itl jo g .~ · - 1- o<j ~ 3!'~IOf; INITIALIDATE APPROVED ~.v .. \\ /~(.r; INITIALIDATEAPPROVED ~ 1WL... FIRST AMENDMENT TO RECREATION AGREEMENT FOR PERSONAL TRAINING SERVICES AND GROUP EXERCISE CLASSES This First Amendment ("Amendment") is dated effective this 14th day of March, 2008 and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and Gail Cuthbert, a sole proprietor ("Contractor"). A. The City and Contractor entered into a Professional Services Agreement dated effective March 14,2007, whereby Contractor agreed to provide personal training services and to teach group exercise classes ("Agreement"). B. Section 13.2 ofthe Agreement provided that the Agreement may only be amended by written agreement signed by the parties. C. The parties desire to amend the Agreement to extend the term of the Agreement. NOW, THEREFORE, the parties agree to the following terms and conditions: L 'T' ~ enn. Section 2 of the Agreement shall be amended to extend the term of the Agreement until March 14,2009. 2. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. :~~22;;Y ~ Carey M. Roe, P .E. Assistant City Manager/Chief Operating Officer Emergency Manager PO Box 9718 Federal Way, WA 98063-9718 - 1 - ATTEST: Cit GAIL CUTHBERT By: Gail thbert, ole Proprietor 34403 15th Place SW Federal Way, WA 98023 STATE OF WASHINGTON) -k ) ss. COUNTYOFivlj ) On this day personally appeared before me, Gail Cuthbert, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that she executed the foregoing instrument as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this \ q day of MOvV'CJA , 200E ~~~ (typed/printed name of notary) Notary Public in and for th~t~~rlagington. My commission expires - 2 - ~ CITY OF ~ Federal Way .' . BUSINESS REGISTRATION License Number 20-07-1 01 455-00-BL ,Home Occupation - Regular Reeistered: GAIL CUTHBERT 34403 15TH PL SW FEDERAL WAY, WA 98023-7055 " ,"~" 7200 - Personal Services. This,license,is non-transferable, Please notify the City Clerk's office of any change in your business such asa new location or business name. \\\llI''',;, "" ~EDE'~ 1/;,/ ",o~ ........'!( /., ~~ .- - ,.._~~ 2,.,. :' cORPORAU: ".~:: =Q'. '_.....':' = :. : SEAL : ~ ~- -.:~'" -~: ~ ..... '. 28 ,\l!),'~ ... - h.~." ':. ..... . // .."".,.,~' ':\0 ' ~/",...':4SHING ",,- "111111\\\\ This Certifies that the above entity bas.been issued the registmtion or license listed. City of Federal Way - Licensing (253) 835-2506 33325 8th Ave. S.,P .0. Box 9718, Federal Way, W A 98063-9718 d /lJ.ftL !(<iJ~~ City Clerk, City of Federal Way ~~~~~.';t~~'~"''-'il'il!!~~~~~,,"lJ:'.~~.~,,~,. ..~lW . ".-'. _.'--'-'-'._"-~ GAIL CUTHBERT " 34403 15TH PL SW non,,? DOC 10 3958 Certificate Of Insurance March 2nd, 2008 This is not your policy number PRODUCER NOTICE Association Insurance Group, Inc. 165 S. Union Blvd., Suite 410 Lakewood, CO 80228 800-985-2021 THIS CERTlFICATE IS ISSUED AS A MATTER OF INFORMATION AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGES AFFORDED BY THE POLICIES BELOW. INSURED COMPANIES AFFORDING COVERAGE Gail Cuthbert 34403 15th Place SW Federal Way, WA 98023 . United National Insurance Co. COVERAGE This is to certify that the policies of insurance listed below have been issued to the issued named 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. POLICY NUMBER EFFECTIVE DAtES It APL0800066 Coverage Begins ... ............ ... ... ... ..... ..... ..~ry 9th, 2008 Coverage Ends ..................................... JalrJary 9th, 2009 TYPE OF INSURANCE LIMITS . Professional Liability General Aggeragate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,000,000 Each Occurrence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 ,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS Certificate holder is an additional insured for professional liability only, covering Gail Cuthbert for the following training activities; Personal Trainer, Group Exercise and Ntl Body Training Systems, but only as respects to negligence of the named insured. CERTIFICATE HOLDER CANCELLATION Federal Way Community Center 876 S. 333rd St Federal Way, WA 98063 Additional Insured Should any of the above described policies be cancelled before the ex- piration date thereof, the issuing company will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to mail such notice shall impose no oblication or liability of any kind upon the company, its agents or representatives. AUTHORIZ~D REPRESENTATIVE: K~N M, REINIG Internet Master Business Application Page 1 of4 .Master License Service ..... Department of Licensing POBox 9034 Olympia WA 98507-9034 Master Business Application Record of Filing Congratulations I The application has been submitted with the following information. Print this page for your records, This is your receipt. If you find any mistakes, please enter your corrections on the next screen. Filing Information Filing Date and Time: Mar 21 2008 8:51 :38:000AM Pacific Time UBI Issued: 602815340 Application Transaction #: 20080815057 (Refer to this number if you have questions about this application.) Credit Card Approval #: Last 5 digits of Credit Card #: Credit Card type: .II 21611 Visa lUll .1 I Purpose of Application Open/Reopen Business Ownership Structure Ownership Structure: Sole Proprietor Is this application for a business with a Washington State location? Yes Will you have employees working in Washington State within 90 days? No Federal Employer 10 Number (FEIN): Unified Business 10 (UBI): Business 10: Location 10: Business Location Address: Business Location City: State: Governing Person(s) Person 1: Title(s): Name: Phone: Birth Date: Owner Gail Elizabeth Cuthbert (253) 334.9107 07/03/1963 https://fortress.wa,gov/dol/mls/Main,aspx 3/21/2008 Internet Master Business Application SSN: Address: Does this Governing Person have a spouse? Spouse Name: Spouse Birth Date: Spouse SSN: Should the spouse's name appear on the license? Business Firm Name (doing business as): Mailing Address: Location Address: Is this business located within the city limits? Do you want a separate tax return for each location or trade name? First date of business: Phone: Fax Number: Email Address: Estimated Gross Income: Products sold and Services provided: Business activities in Washington State: Bank Name: Branch: 539-72-3694 34403 15th Place SW Federal Way, WA 98023 Yes Rian James Cuthbert 10/04/1961 537-72-3194 No Business Information Gail Cuthbert Fitness 34403 15th Place SW Federal Way, WA 98023 Business Location Information 34403 15th Place SW Federal Way, WA 98023 Yes No March 2008 (253) 334-9107 gailrian@yahoo.com $12,001 - $28,000 Personal training, group fitness classes, instructor training Services Additional Business Information Wells Fargo Twin Lakes Did you buy, lease or acquire all or part of an existing business? None Date bought/leased/acquired: Prior Business Name: Prior Owner's Name: Prior Owner's Phone: Did you purchasellease any fixtures or equipment on which you have not paid sales or use tax? No Purchase or lease price: https://fortress.wa.gov/dol/mls/Main.aspx nuns:/lIorrress.wa_Q'OV/ClOllm.<i1.'IVBnn ~<ii:nY Page 2 of4 3/21/2008 Intemet Master Business Application Page 3 of 4 Is this business owned by, controlled by, or affiliated with any other business entity? No If you are changing your ownership structure (such as changing from sole proprietor to corporation), do you want to close the old account? N/A Old UBI number to be closed: Have you ever owned another business in Washington? No Business Name: UBI Number: Optional Insurance Major operation of your business: Services/Maintenance/Restaurants Do you wish to apply for elective workers' compensation coverage for owners? No Do you wish to apply for elective workers' compensation coverage for excluded employment? No Business Firm Name (doing business as): Have you previously registered this name as a Trade Name in Washington (under this ownership structure)? New name(s): Processing Fee: Trade Name Registrations (1 x $5.00): Amount Charged to Credit Card: Prepared by: Phone: By checking this box, I declare under penalty of perjury under the laws of the State of Washington that I am the applicant or authorized representative of the firm making this application and that the information provided in this application, including any additional information provided separately, is true, correct and complete. Trade Name(s) Gail Cuthbert Fitness No Gail Cuthbert Fitness Fee Review $15.00 $5.00 $20.00 Gail Cuthbert (253) 334-9107 Yes Your application has been completed and submitted. We will review your application within the next 24 https:llfortress.wa.gov/dol/mls/Main.aspx 3/21/2008 Internet Master Business Application Page 4 of 4 business hours, Your license document will be mailed after all licenses are approved, Please allow 14 business days to receive your license In the mail, Please PrLllt this page for your records, [ Continue ) 3fs> J-3P~ https://fortress,wa,gov/dol/mls/Main.aspx 3/21/2008 .jJ I DATEJN: -"DATE OUT: ~ ~ CITY OF FEDERAL WAY LAW DEPARTM ~. . NT \L.W'-~ S~~ REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. 2. 4. 5. 6. ORIGINATING DEPT./DIV: 'Pa.rks o..vtd "Rec.ret:oL-h"y, ORIGINATING STAFF PERSON: ~I m~ She I +on EXT: TYPE OF DOCUMENT REQUESTED (CHECK ONE) IX PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE/LABOR AGREEMENT o PUBLIC WORKS CONTRACT o SMALL PUBLIC WORKS CONTRACT ,=,q~ 3. DATEREQ.BY: 3-fl-07 o SECURITY DOCUMENT (E.G. AGREEMENT & PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) o CONTRACTOR SELECTION DOCUMENT AG#: .07 . o()5- PROJECT NAME: PerSlSYla.1 Tra.l~n'ln:J and &a..DUe. t:::"~eI'"ClSe. ClClSS~.s NAME OF CONTRACTOR: &a.i I Cu..+hhLY+ ADDRESS: SIGNATURE NAME: (:;:;a.i I tu~t+-' TERM: COMMENCEMENT DATE: 3 -rII- 07 COjJTRACT REVIEW D1>ROJECT MANAGER o DIRECTOR o RISK MANAGEMENT o LAW 3-2" ~ 7E. ~ "'~7 '4'~)-V' !.Jl'C ct:''f'o:t: N ~ C?/f!I()Ln.) INITIAL/DATE APPROVED (LESS THAN $200,000) o PURCHASE AGREEMENT) (MATERIALS. SUPPLIES, EQUIPMENT) o REAL ESTATE DOCUMENT (E.G., RFB, RFP, RFQ) o CONTRACT AMENDMENT o CDBG o OTHER TELEPHONE 253-33t1-9/o7 TITLE DWYl~ 7. ATTACH ALL EXHIBITS AND CHECK BOXES ~ SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT o INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE 8. COMPLETION DATE: 3 - rtI- D g 9. TOTAL COMPENSATION $ 5 q 000 (INCLUDEEXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATrACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES II NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES orNO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY 10. 11. CONTRACT SIGNATURE ROUTING o DIRECTOR (FOR CONTRACTS UNDER $10,000) ~LAWDEPARTMENT . ~CITYMANAGER (FOR CONTRACTS OVER $10,000) o CITY CLERK o SIGN COPY BAC~ING DEPT. . o ASSIGNED AG# 7 ~ l?1b XPURJ~IIASING:PJ.-~ASE_CHARGE,IQ:l~ - I~OO- 3S-I-SI S- - C;/ C\-+k~ w lD lA..S I ,,!5 IN INITIAL/DATE APPROVED It "'" "?/J>a Se (' IJ~~ f) f t If INITIAL/DATE APPROVED ~ sJ-; - ~ S-~_ II'\.tJ -tv &~l t-rl ( . ~ RECREATION AGREEMENT FOR PERSONAL TRAINING SERVICES AND GROUP EXERCISE CLASSES This Recreation Agreement ("Agreement") is dated effective this 14TH day of March, 2007. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City"), and Gail Cuthbert, a sole proprietor ("Contractor"). A. The City seeks the temporary services of a skilled independent contractor capable of working without direct supervision, to provide personal training services and to teach group exercise classes and . B. The Contractor has the requisite skill and experience necessary to provide such services. NOW, THEREFORE, the Parties agree as follows: 1. Services. Contractor shall provide the services more specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted practices for other similar services, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her designee. 2. Term. The term ofthis Agreement shall commence upon the effective date ofthis Agreement and shall continue until the completion of the Services, but in any event no later than March 14, 2008 ("Term"). This Agreement may be extended for additional periods oftime upon the mutual written agreement of the City and the Contractor. 3. Termination. Prior to the expiration ofthe Term, this Agreement may be terminated immediately, with or without cause by the City. 4. Compensation. 4.1 Total Compensation. In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount not to exceed Fifty Thousand and Noll 00 ($50,000.00), calculated on the basis of paying sixty percent (60%) of each personal training fee paid and not refunded. In addition, the contractor will be paid $25 per group exercise class taught at the Federal Way Community Center. The City makes no representation or warranty regarding participation and nothing in this Agreement obligates the City to pay more than sixty percent (60%) per personal training session fee paid and not refunded. 4.2 Method ofPavrnent. Payment by the City for the Services will only be made after the Services have been performed, a voucher or invoice is submitted in the form specified by the City, and the appropriate City representative approves the same. Payment shall be made on a monthly basis, thirty (30) days after receipt of such voucher or invoice. 4.3 Contractor Responsible for Taxes. The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 5. Compliance with Laws. Contractor shall comply with and perform the Services in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended. 6. Warranty. The Contractor warrants that it has the requisite training, skill and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. 7. Independent Contractor/Conflict of Interest. It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation payor any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor mayor will be performing services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. 8. Indemnification. 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Agreement. Contractor waives any immunity that may be granted to it under the Washington State fudustrial fusurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City fudemnification. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions ofthe City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 9. Equal Opportunity Emoloyer. fu all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. Contractor shall not violate any ofthe terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, Section 504 ofthe Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding non-discrimination. Any material violation ofthis provision shall be grounds for termination ofthis Agreement by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. 10. fusurance. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating which is satisfactory to the City: 10.1 Workers' compensation and employer's liability Insurance In amounts sufficient pursuant to the laws of the State of Washington; 10.2 CommerciaVgeneral liability insurance with combined single limits of liability not less than $1,000,000 for bodily injury, including personal injury or death, products liability and property damage. 10.3 Automobile liability insurance with combined single limits of liability not less than the Washington State minimum for bodily injury, including personal injury or death and property damage. Contractor may be asked to show proof of insurance. The City shall be named as additional insured on all such insurance policies, with the exception of workers' compensation coverages. Contractor shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term ofthis Agreement, except after thirty (30) days prior written notice to the City. If Contractor's insurance policies are "claims made" or "claims paid" Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated. Contractor's failure to maintain such insurance policies shall be grounds for the City's immediate termination of this Agreement. The provisions of this Section shall survive the expiration or termination ofthis Agreement with respect to any event occurring prior to: such expiration or termination. "1 11. Books 'and Records. .. ! ..... The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 12. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end ofthe current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 13. General Provisions. 13.1 Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. 13.2 Modification. No provision ofthis Agreement, including this provision, may be amended or modified except by written agreement signed by the Parties. 13.3 Full Force and Effect. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 13.4 Assignment. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 13.5 Successors in Interest. Subject to the foregoing Subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. 13.6 Attornev Fees. In the event either ofthe Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 13.7 No Waiver. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 13.8 Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 13.9 Authoritv. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Contractor or the City. 13.10 Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 13.11 Captions. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. 13 .12 Performance. Time is ofthe essence ofthis Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. 13.13 Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. 13.14 Counteroarts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 13.15 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. DATED the day and year set forth above. CITY OF FEDERAL WAY By: /tWJ V)f./~ Neal Beets PO Box 9718 33325 8th Ave. S. Federal Way W A 98063-9718 ATTEST: ~J~~ ty Clerk, Laura Hat ay, CMC ~ City Attorney, Patricia A. Richardson ::NT~~.~ Gail Cuthoert 34403 15th Place SW Federal Way, WA 98023 STATE OF WASHINGTON) ) ss. COUNTY OF j:" \ ~ ) On this day personally appeared before me, Gail Cuthbert, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that she executed the foregoing instrument as her free and voluntary act and deed for the uses and purposes therein mentioned. """"\\\\" ...........' S\CA 812; II" ..::- ~S""'''''''''''\\\\\II~~llll .= ') .:o"\SSION ~~,,!J.-II. - :~ oT A.... +..0// ~ :: =~ --'>.. ..". ....:~ ~ - ;0... ~ ~~ ., .,.. -0 "...... " ~ ~ UJ~ ::. ~ os E ~ ~ cA~,() - - ~ "'A\ lJ9~\V ff~:: ~, ., }I//(, 1-11 _O~~o:- 1111 ~ o"'''m'''''''''''~C3 $' ," 'f: WAS'f4.\........~ ""\\\\""~ , 200:1 GIVEN my hand and official seal this ~ day of 'v (typed/printed name of not ) Notary Public in and for the State 0 My commission expires \ \ \ EXHIBIT A SCOPE OF SERVICES Contractor shall provide personal training services for the City of Federal Way. She has a 180 day probation period (3/14/07-9/14/07) to enroll a minimum average of 10 hours of personal training weekly. Continued progress will be evaluated on a semi-annual basis. In addition, she will teach a minimum of two group exercise classes weekly; Group Power Monday evenings from 5:15-6:15pm and Thursdaymomings from 5:45-6:45am. ACORQ. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 03/09/2007 PRODUCER (818)224-6100 FAX (818)224-6099 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION C. M. Meiers Company, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 21045 Califa St. #100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Woodland Hills, CA 91367 INSURERS AFFORDING COVERAGE NAIC# INSURED Sports, Leisure and Entertainment RPG INSURER A: Nationwide Mutual Ins. Co. DBA:Cuthbert, Gail INSURER B: Certified or Member of AFAA INSURER C: 34403 15th Place SW INSURER D: Federal Way, WA 98023 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. II,N.;: 1'1l?,~! TYPE OF INSURANCE POLICY NUMBER P~H~Y EFFECTIVE PR~!fJ EXPIRATION LIMITS GENERAL LIABILITY RPG22703 12/05/2006 12/05/2007 EACH OCCURRENCE $ 1,000,000 ~ DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY $ 300,000 I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 5,000 A X ~ Professional Liab. PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 I n PRO- nLOC POLICY JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ ANY AUTO (Ea accident) - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) ~ HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS (Per accident) - - . PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ==i ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ :=J OCCUR D CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I TVj,~~Y~J#~ I 10Jb'- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHE~ . b'l' RPG22703 12/05/2006 12/05/2007 A Lega L 1 all ty to $1,000,000 per occurrence Participants p~ESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS remium and fees are fully earned at inception. Persona 1 Trainer, Group Exercise, Kickboxing and Step. ertificate holder is listed as an additional insured. CERTI I City of Federal Way Federal Way Community Center 876 S 333rd Street Federal Way, WA 98003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~d~ Herbert Rothman/EVA ACORD 25 (2001/08) @ACORDCORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. "" ACORD 25 (2001108) 'twr~\~ --------------------------------------- --------------------------------------- CITY OF FEDERAL WAY 33325 8TH AVE SOUTH FEDERAL WAY, WA 98003 MANAGEMENT SERVICES CITY HALL REG-RECEIPT:01-0066112 C:Mar 19 2007 CASHIER IO:D 3:35 pm A:Mar 19 2007 -------------------------------------~- --------------------------------------- 1530 LIC-BUSINESS LIC. $75.00 2007BL GAIL CUTHBERT CK8736 TOTAL DUE $75.00 RECEIVED FROM: GAILE CUTHBERT CHECK: ~- $75.00 TOTAL TENDERED $75.00 CHANGE DUE $0.00 --------------------------------------- ---------------------------------------