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AG 09-015RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATINGDEPT./DIV: FW G 2. ORIGINATING STAFF PERSON: ki rYt SI�tC i�i o r1 EXT: 6�13Z 3. DATE REQ. BY: TYPE OF DOCiJMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCLTMENT (E.G , RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINrENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG O REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT ($.G. aorm �iaTEn nocvMENTS� ❑ ORDINANCE ����RACT AMENDMENT (AG#): � d I ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: �,o_ � 5 o v� a1 Tr o�j� i��,�W, c G S _ _ 6. NAME OF CONTRACTOR: ADDRESS: ?� S? E E-MAIL: -k-rainwi� SIGNATURE NAME: TELEPHONE Z53 q 5► 6 t ZA FAX: TITLE� crSexo.� ir'a�; rtGr 7. EXHIBITS AND ATTACHMENTS: ❑ sCOPE, WORK OR SERVICES O COMPENSATION ❑ INSURANCE REQUIItEMENTS/CERTIFICATE �L.L OTHER REFERENCED EXHIBTTS ❑ PROOF OF AUTHORITY TO SIGN O REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: � h,� � � Z D 13 COMI'LETION DATE: M ar ati, 3 �� Z-d �3 TOTAL COMPENSATION $ �, $ O� 00 D• D 0 (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR C GE - ATTACH SCHEDULES OF EMPLAYEES TTfLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: t 1 I -'j Ze c- 351 - 5 i S�'�j -�410 10. �OCUMENT/CONTRACT REVIEW I1�iITIAL / DATE REVIEWED IrTITIAL / DATE APPROVED PROJECT MANAGER Z— ❑ DIRECTOR ❑ RISK MANAGEMENT (g' a�PLiCnst.�) � LAW P I 2•?.Eo ' l2 11. COUNCILAPPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: COUNCILAPPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: �I u'd � 13 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS �LAW DEPARTMENT SIGNATORY (MAYOR OR DIRECTOR� � CITY CLERK ❑ ASSIGNED AG# 6�SIGNED COPY RETURNED COMMENTS: 11�TITIAL / DATE SIGNED g�� _ ►- —1 AG# D -Ol� �F DATE SENT: I 'Z�' l � 1/9 � CITY OF '�,,,'�.�.., Federal GITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www± crryoffederahvay. com AMENDMENT NO.� � 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 Jason Bowman, 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 January 1, 2009, 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 315Y, 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 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 � . a , � ar. � � CITY HALL 33325 8th Avenue Snuth Federal Way, WA 98003-6325 {2�3j �3S-70a0 sv���x atyafls�erc�nvv:ry co�n IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY' OF FEDERAL WAY ATTEST: Skip Pn st, �1 or City Cierk, CarollVlcNe ly, C1V1 vATE: � 2 Zo I3 JASON BOVt�1V1AN , � . �!�► i�. .� — _ ..� ' -� - ��/� ��� Title: Gv/l�r- , �%G�1� DATE: � � !� �/,3 � STATE OF WASHINGTON ) ) ss. COLTNTY OF Krha ) APP OVED AS TO FORM: �. ' �tto , Patricia A Richardson On this day personally appeared before me, �tscr� QowrY,,o�.-- to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/they executed the foregoing instrument as is er/their free and �oluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this (1� day of ��v � , Z0� � L. typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires � �a�`, —1y AMENDMENT - 2 - 1 /2U 10 ADDITIONAL INSURED ENDORSEMENT In consideration of the additional premium charged, the Entity or Individual shown below shall be included as additional insured(s�, but only as respects to claims arising out of the sole negligence of the individual or entity specified as an City of Federal Way NAME NAME !�G��1� NAME Insured under this policy. 33325 8th Ave S, Federal Way ,WA 98003 ADDRESS ADDRESS ADDRESS ADDRESS ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHQNGED The premium for this endorsement is included in the premium I Additional Premium $ shown on the declarations unless a specific amount is shown Return Premium $ here ENDORSEMENT NO.: Effective: 01/01/2013 Is attached to and forms part of your evidence of insurance no.: 115-10021200 Issued by: Certain Underwriter's at L{oyds, London National Professional Purchasing Group Association, Inc c/o Lockton Companies, Inc. P.O. Box 410679 Kansas City, Missouri 64114-0679 Insured: Jason Bowman Date Issued: Authorized Representative:� 01l16/2013 AIF 2610 I (07-03) This Declarations Page is attached to and forms part of evidence provisions (Form LMA 3031 Ol/03/06) Allied Health Prot'essional and Supplemental Liability Policy for Specified Members of the National Professional Purchasing Group Association, Inc. CLAIMS MADE DECLARATIONS NOTICE: COVERAGE A. - PROFESSIONAL LIABILITY APPLIES ON A CLAIMS MADE BASIS. COVERAGE A. APPLIES TO THOSE CLAIMS FIRST MADE AGAINST AN INSURED AND REPORTED TO US DURING THE POLICY TERM OR ANY EXTENDED REPORTING PERIOD. AMOLJNTS INCURRED FOR LEGAL DEFENSE SHALL REDUCE THE LIMIT OF LIABILITY AVAILABLE TO PAY JUDGEMENTS OR SETTLEMENTS UNDER COVERGE A. Certificate Number: 115-10021200 Issued by: Certain Underwriter's at Lloyd's, London Authority Ref. No.: GLOPR1000702 Named Insured Member and Address: Policy Term: Jason Bowman Effective Date: 01/01/2013 Athletic Life Expiration Date: 01/01/2014 2525 62nd Ave E 12:01 AM Standard Time at the address of the Named Insured #32-106 Professional Liability Retroactive Date: 01/01/2009 Fife, WA 98424 Coverage provided through master Certificate issued to: National Professional Purchasing Group Association, Inc. Lockton Risk Services, Inc. 333 W. Wacker Dr. #300 Chicago, II 60606 Business Entity: N/A Professional Services: ISSA-Certified Fitness Trainer Affiliation: International Sports Sciences Association NOTE: THIS IS A CLA[MS MADE POLICY FOR COVERAGE A. PLEASE READ YOUR POLICY CAREFULLY COVERAGE LIMITS PREMIUM Coverage A.: Professional Liability and $ 1,000,000 Each Professional $ 1,000,000 Aggregate Personal and Advertisin In'u Incident or Offense Coverage B.:. Supplemental Liability $ 1,000,000 Each Occurrence $1,000,000 Aggregate General Liability (Included) Host Liquor Liability (Included) FirelWater Damage Legal $ 100,000 Each Occurrence Liabili Included Coverage G: Medical Ex enses Covera e $ 2,000 Each Person $ 50,000 Aggregate Coverage D. Additional Payments: Defendants Reimbursement $ 10,000 Each Professional $ 500 Each Day Incident, Offense or Occurrence Deposition Fees and Expenses $ 5,000 Each Deposition $ 25,000 Aggregate Dama e to Pro M of Others $ 500 Each Occurrence $ 5,000 A re ate Deductible: $ 1,000 per claim Total Annual Policy Pranium $ 192.00 35% minimum eamed remium a lies ln the event oi a claim, notice should be sent to: Lockton Companies, Inc. P.O. Box 410679 Kansas City, MO 64114-0679 Forms and Endorsements Attached at Certificate Issuance: AIF 26101L (06/05), LMA 3031 (01/03/06), AIF2610 (06-05), LSW11356 (06/03), AIF 2610 B(07/03), LMA 5020 (14/09l2005), NMA 1256 (3-17-60), NMA 1477 , NMA 464 , AIF2657 (10/05), NMA 2962 (06/02/03), AIF26101 (07/03), AIF 2610 O(01/OS), AIF 2610 Q(09-04), AIF 2610 R(09/04), CG2173010 , IL0985010 AIF 2610-IL Dec (06/OS) Authorized Signature RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: -1�3�1ii6�9�CS / r ��� 2. ORIGINATING STAFF PERSON: h�MY1� I��� 1 T� EXT: C1 � 3Z 3. DATE REQ. BY: ��) / � Z_ 4. TYPE OF DOCUMENT (CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMTTED PUBLIC WORKS CONTRACT ❑ PROFESSIONALSERVICEAGREEMENT ❑ MAINTENANCEAGREEMENT ❑ GOODS AND SERVICEAGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION � CONTRACT AMENDMENT �AG#�: � O I ❑ INTERIACAL OTHER 5. PROJECT � � 6. NAME OF CONTRACTOR: Anv�ss: 2�� 1., 2�`rt W�vt- �1-33- l�ti, F� c- °� $ 4�z�1 TELEPHONE' '' S—(.l z E-MA�L: F,�x: SIGNATURE NAME: G�..Sb�. bW w�4.�., TTTLE: l.J h�� 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORTTY TO SIGN C�REQUIItED LICENSES �PRIOR CONTRACT/AMENDMENTS CFW LICENSE ��'��5��'�-n� BL, EXP. 12/31/�Z UBI #�?►�► 017 �, EXP. / / H. TERM: COMMENCEMENT DATE: `/ � I b� COMPLETION DATE: `I I� I I� 9. TOTAL COMPENSATION: $ �?jb, (�v - V� (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: ❑ YES d�NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES �NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ C1TY ❑ PURCHASING: PLEASE CHARGE TO: �� "' 12�' �S I'S7S SI � y I O , 10. DOCUMENT / CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DNISION MANAGER ❑ DEPUTY DIItECTOR ��DIltECTOR ❑ RISK MANAGEMENT (IF APPLICABLE� ,a LAw DEpr INTTIAL/ DATE REVIEWED �/�� :A � i � � INITIAL / DATE APPROVED ���'' , 11 . COUNCIL APPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12 . CONT CT SIGNATURE ROUTING r.�-� i�� J ��� � ��- , �l�/i z... ENT TO VENDOR/CONTRACTOR DATE SENT: > I� DATE REC D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, L[CENSES, EXHIBITS � Law DEpr ❑ SIGNATORY MAYOR OR DIRECTOR� �7r"CITY CLERK ❑ ASSIGNED AG # ,.��SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL INITIAL / DATE SIGNED � - "'�- -2(n-12 AG# "O DATE SENT: D'Z. LO -� Z COMMENTS: ' EXECUTE " C ° ORIGINALS ! 11/9 ' . � C1TY OF "�..�... F'ederal GTY HALL ��� 33325 8th Avenue Sauth Federal Way, WA 98003-6325 (253) 835-7000 www. cityafTederatway 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 Jason Bowman, 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 January 1, 2009, as amended by Amendment No. 1 dated effective January 1, 2009, and Amendment No. 2 dated effective January 1, 2010, and Amendment No. 3 dated effective January 1, 2010, and Amendment No. 4 dated 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 ' _ _. _ _ -Aat� �ax� s�-gg�b�y �� �8�-ixs- -- - -- 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 GITY HALL 33325 8th Avenue South Federai Way, WA 98003-6325 (253) 835-7000 www ciryoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: Skip Priest, yor DATE: L2 2 � � JASON BOWMAN By: Printed Name: �J Q S�� � W r-r a r Title: �W �' � �� ""�' DATE: � � �� � �/Z STATE OF WASHINGTON ) ) ss. COLJNTY OF in� ) ATTEST: , City Clerk, Cazol McNeil , CMC APPROVED AS TO FORM: ,/ � City Attorney, Patricia A Richardson On this day personally appeared before me, �Svv� �o►� �-�- to me known to be the individual described in and who executed the foregoing instrument, and on oath swore th e he/they executed the foregoing instrument a is er/their free and voluntary act and deed for the uses and purposes therein mention�. GIVEN my hand and official seal this � day of ' fu�..e_ , 20/2. � - ��~ AMY L WtSHART NOTARY PUBl.�C 3TAT� O� WASMINBTON C4MIYIfS►SIOq p(Ptt�$ �JI.Y 28 20i4 L. �s �-a� (t ed/printed name of notary) Notary Public in and for the State of Washington. My commission expires � -a-S -� �1 AMENDMENT - 2 - 1 /2010 � CITY OF "�....... Federal CITY HALL ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253} 835-7000 www cltyaffederahvay com EXHIBIT B-5 ADDITIONAL COMPENSATION 1. Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Thirty Five Thousand and 00/100 Dollars ($35,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment sha11 be an amount not to exceed One Hundred Thirty Thousand and 00/100 Dollars ($130,000.00). 2. Method of Compensation: Percentage of Revenue: In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount equal to 70% of the collected personal training revenue they generate. Additionally, the City agrees to pay the Contractor an amount equal to 75% of the collected youth basketball revenue they generate. AMENDMENT - 3 - 1/2010 This Declarations Page is attached to and forms part of evidence provisions (Form LMA 3031 Ol/03/06) Allied Health Professional and Supplemental Liability Policy for Specifed Members of the National Professional Purchasing Group Association, Inc. CLAIMS MADE DECLARATIONS NOTICE: COVERAGE A. - PROFESSIONAL LIABILITY APPLIES ON A CLAIl�IS MADE BASIS. COVERAGE A. APPLIES TO THOSE CLAIMS FIRST MADE AGAINST AN INSURED AND REPORTED TO US DURING THE POLICY TERM OR ANY EXTENDED REPORTING PERIOD. AMOUNTS INCURRED FOR LEGAL DEFENSE SHALL REDUCE THE LIMIT OF LIABILITY AVAILABLE TO PAY JUDGEMENTS OR SETTLEMENTS UNDER COVERGE A. Certificate Number: 115-10021200 Issued by: Certain Underwriter's at Lloyd's, London Authorlty Ref. No.: GLOPR1000702 Named Insured Member and Address: Policy Term: Jeson Bowman Effective Date: 01/01/2012 Athletic Life Expiration Date: 01/01/2013 2525 62nd Ave E 12:01 AM Standard Time at the address of the Named Inswed #32-106 Professional Liability Reh�oaactive Date: 01/01/2009 Fife, WA 98424 Coverage provided through master Certiticate issued to: National Professional Purchasing Group Associarion, Inc. Buslness EnNty: N/A Lockton Risk Services, Inc. Professional Services: ISSA-Certified Fitness Trainer 333 W. Wacker Dr. #300 AffiL'ation: International Sports Sciences Association Chicago, II 60606 NOTE: THIS IS A CLAIMS MADE POLICY FOR COVERAGE A, PLEASE READ YOUR POLICY CAREFULLY COVERAGE LIMITS PREMIUM Coverage A.: Professional Liabllity and $1,000,000 Each Professional $1,000,000 Aggregate Personsl and Advertisin In'u Incident or Offense Coverage B.: Supplemental Liabflity $ 1,000,000 Each Occurrence $ 1,000,000 Aggregate General Liability (Included) Host Liquor Liability (Included) Fire/Water Damage Legal $ 100,000 Each Occurrence Liabili Included Coverage C.: Medical Ex enses Covera e $ 2,000 Each Person $ 50,000 Aggregate Coverage D. Additional Payments: Defendants Reimbursement $ 10,000 Esch Professional $ 500 Each Day Incident, Offense or Occurrence Depositlon Fees and Expenses $ 5,000 Each Deposition $ 25,000 Aggregate Dama e to Pro e of Others $ 500 Each Occurrence $ 5,000 te Deductible: $ 1,000 per claim Total Annual Policy Premium $ 192.00 35% minimum eamed ium a lies In the event of a claim, notice should be sent to: Lockton Companies, Inc. P.O. Box 410679 Kansas Ciry, MO 64114-0679 Forms and Endorsements Attached at Certificate Issuance: AIF 26101L (06/OS), LMA 3031 (01/03/O6), AIF2610 (06-05), LSW1135B (06/03), AIF 2610 B(07/03), LMA 5020 (14/09/2005), NMA 1256 (3-17-60), NMA 1477 , NMA 464 , AIF2657 (10/05), NMA 2962 (O6/02/03), AIF26101 (07/03), AIF 2610 O(01/08), AIF 2610 Q(09-04), AIF 2610 R(09/04), AIF 2610 F (07-03), CG2173010 , IL0985010 AIF 2610-IL Dec (06/OS) Authorized Signature ADDITIONAL INSURED ENDORSEMENT In consideration of the additional premium charged, the Entity or Individual shown below shall be included as additional insured(s), but only as respects to claims arising out of the sole negligence of the individual or entity specified as an Insured under this policy. City of Federal Way NAME NAME 876 S 333rd St Federal Way, WA 98003 ADDRESS NAME NAME ADDRESS ADDRESS ADDRESS ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED . The premium for this endorsement is included in the premium Additional Premium $ 0.00 shown on the declarations unless a specific amount is shown Return Premium $ 0.00 here ENDORSEMENT N0.:12 Effective:06/15/2012 Is attached to and forms part of your evidence of insurance no.: � 15-10021200 Issued by: Certain Underwriter's at Lloyds, London National Professional Purchasing Group Association, Inc c/o Lockton Companies, Inc. P.O. Box 410679 Kansas City, Missouri 64114-0679 Insured: Jason Bowman 06/15/2012 AIF 2610 I (07-03) ` CITY OF Federal Way BUSINESS REGISTRATION License Number 2Q-08-10530?-00-BL Noa-Resident Business Re�istered: ATHLETIC LIFE 2525 62ND AVE E � FIFE, WA 98424 Egpires: 22/31/2012 Cate�orv: 7200 - Personal Services Cond_ ihons; This license is non-transferable. Please notify the City Clerk's oi�ice of any change in your business such as a new iocation or business name. `,��rri�rr;r . , . .;: ``` �o� F�DE�qqC ��'�� . . . . • � ' �_�/ c � = � .' � '•,�,� ^ _ . .. V � �'"`� _ �' ' �C SEAti � % % .� o.' %• �8,_ �� City �lerk, City of Federal Way .,��lyqs� �`�� This certifies that the above cnYity has been issued the regisVation or liaense listed. Ci�,.nfFrlleralWav-i.icensing FEDERALWAYWA 98Q63-9718 JASON BOWMAN 2525 62ND AVE E 32-106 FIFE WA 98424 RETURN TO: ,,� EXT:��_ �('�'� � CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: P't�'�� 2. ORIGINATING STAFF PERSON: � � YYZ �;�=�z/I � V�. �� EXT: _� 3. DATE REQ. BY:�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 �, CONTRACT AMENDMENT (AG#):� — U � S ❑ OTHER 5. PROJECT NAME: ❑ RESOLUTION ❑ INTERLOCAL 6. NAME OF CONTRACTOR: vv� �`Jc7WVVl0.-�/�. ADDRESS: -� 3 " (� TELEPHONEo�- E-MAIL: Ct-I�(� �c. c( �.�-� vv�2 C.D� FAX: SIGNATURE NAME: ��tsv� �r��•�•• �� TITLE Pr�.�,1�/ 7. EXHIBITS AND ATTACHMENTS: C7 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: Q" 1 COMPLETION DATE: l' l�� �—. 9. TOTAL COMPENSATION $ �� O U�7 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY L?�iBO CHARGE - ATTACH SCHEDULES (7F' EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: � YES �JO I�' YES� MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES f�NO IF YES, $ PAID BY: ❑ CONTRACTOR O CTfY �i PURCHASING: PLEASE CHARGE TO: l��' �U 3�I � S� S_" S� � y �� 10. D�O� MENT/CONTRACT REVIEW INITIAL / DATE RE IEWED II�TITIAL / DATE APPROVED CXPROJECT MANAGER L � l l� i5 ,1�( DIRECTOR � l� � ❑ RISK MANAGEMENT (tF �PLIC�t,E) i 1`I►�l�i. LAW I� P I I � SrGC � l 11. COUNCIL APPROVAL (IF APPL�C�LE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: _ 12. CONTRACT SIGNATURE ROUTING �ASENT TO VENDOR/CONTRACTOR DATE SENT: I� l I � DATE REC'D: � � ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS �� 3 AW DEPARTMENT ��� I �SIGNATORYE �,� �{ ) �r� �1 CITY CLERK � ❑ A�SIGNED AG# � SIGNED COPY RETURNED INITIAL / DATE SIGNED ,�,� 11 •3� • ti �c. �� AG# � � � DATE SENT: �'L • ,Q• 1\ 11K t�tt� sc,(�c�a� ��r �nsw�o�u �, b� r�9 bokk. eacP�re i�- o�c- rw�r�-G. ` CITY OF '�...., Federal CITY HALL ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7Q00 www. ciryof(eder�hvay. 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 Jason Bowman, 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 January 1, 2009, as amended by Amendment No. 1 dated effective January 1, 2009 and Amendment No. 2 dated effective January 1, 2010 and Amendment No. 3 dated effective January l, 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 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 CITY HALL ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY , By: Skip Priest, Mayor DATE: � ��n'I,I�r 2, 2�j � ( JASON BOWMAN By: ___ _ .. Printed Name: �b'Un W a� Title: Ou�n GG��t!�C �j/� DATE: �� /Z � / � � STATE OF WASHINGTON ) ) ss. COUNTY OF ) ATTEST: City Clerk, Carol Mc illy, M . ••• • � � • •' ;,�/ �� . ��LL�/ �� �� � ,�r :�, ' • ' . � � On this day personally appeared before me, o � O v , , to me known to be the individual described in and who executed the foregoing nstrument, 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. S� / GIVEN my hand and official seal this 2� day of ��V Q� l�� r' , 20 /�. �h�t f°�Y P�r�OI/ (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires ��— /� — / � AMENDMENT - 2 - 1 /2010 , ; ,�,� . �, _,,.'`� � e, f ,. r . 1,'. ����, " . '�� ; • '?':L.� � c�nr o� '�•.... Federa! Way BUSINESS REGtSTRATION Lioense Number_ 20-0&705307-00-BL Non-Reside�rt Busir� Res��ed: AT�ILETIC t.fFE � 2537 62ND AVE E �:1Zl3�C2011 FIFE, WA 88424 -_. _____ _ - -- _ - --j. _ _ �— -- _ _ _ _ .___-- . — _ . �-� �s , condi�Ons: Thi� �nse is nor�-transfie� Pl� ncrtify the City Ciertc's ofl'ioe � any c�ange in �oiu bus�s such as a r�w Ioc�ion ar busir�ss rrame. , ``` ��1111U(��� f �,```� ��''''�� � o�t � = � � c3: •--. - l�ct�to',C �.- I;Y�GC�,yi�'� " ''��.�'•' � �I► �. �!► of F�ral v11�r : �j L_ � � - � . . . �i����,q ` � N G t ���� This t�er5fies ihat tlte al�oMe entity has Heert i�ued U�e �ati�n or 6oense �S1ed. City af Federel V�r - Lioensin9 (2�3) 836-25,27 - 33325 8!h A�e S., PO Baoc 9718, FederaF Wa�t. WA �0�9718 dASQN BdMAlA1tN 2537 6?ND AVE E : fIFE WA 98A24 f _ --- This Declarations Pa e is attacLed to and forms art of evidence rovisions (Form LMA 30310ll03/0� Allied Health Professional and Supplemental Liabllity Policy for Specifled Members of the National Professional Purchasing Groop Association, Inc. CLAIMS MADE DECLARATIONS NOTICE: COVERAGE A. - PROFESSIONAL LTABILITY APPLIES ON A CLAIl�IS MADE BASIS. COVERAGE A. APPLIES TO'i'�OSE CLAIMS �iitST MY�DE AGAII�I3T AN INSURED AND REPORTED TO US DURING THE POLICY TERM OR ANY EXTENDED REPORTING PERIOD. AMOUNrS INCURRED FOR LEGAL DEFENSE SHALL REDUCE THE LIMIT OF LIABILITY AVAILABLE TO PAY JUDGEMENTS OR SETTLEMENTS UNDER COVERGE A. Certificate Nam6er: 115-10021200 Asthority Ref. Na: MEDTE0900130 Named Insved Mem6er snd Address: Jason Bowman 2537 62nd Ave E �33-104 F'rfe, WA 98424 Coverage provided throagh master Certificatc issued to: Nati�al Professional Auchasing Caaup Associatian, Inc_ Lockton Risk Services,Inc. 333 W. Wacker Dr. #300 Chicago, Il 60606 Issued by: Certain Un�rwriter's at Lbyd's, London w� Effective Date: 01/01/2011 Expuation I�ae: 01101t2012 12:01 AM St�dardl'ime at the address of the Namod IastuEd Professia�al Irab�7'rty Revnactive Date: 01/01/2009 Basiness En1iry; WA Professionai &rvicea: ISSA-Certified Fitness Trainer Attiiation: irrternational Sports Sciences Association NOTE: THi3 I3 A CLAiM3 MADE POLICY FOR COVERAGE A. PLEASE READ YOi3R YOLICY CAREFULLY COVERAGE LINIITS PREMIUM Coverage A.: Profeasional Liabitity and $1,000,000 Exh Professional $1.000,000 Ap,gregate Peraonsl snd Advertis' In Incident or Offense Coverage B.: Sapplemental Iaa6ibty $1,000,000 Each Occarrmce $1,000,000 A8Sregate General Liability (tncluded) Host Liqaor Lia6iRly (Includod) FireJWater Damage I.egal $ 100,000 Each Occu�nce Lisbili luded Coverage C.: Medfcal Eg enses Cover e $ 2 �� � P� S s�>� �''e�� Coverage D. Additional Payments: Defendsnts Rdmb�raement $ 10,000 Each Pmfessi�al $ 500 Each Day Incida�t, Offense or Oc�w�ence Deposiiion Fees snd Ezpemes S 5,000 Each Deposition $ 25,000 Aggiegate . Dama to Pr of Others $ 500 Each Ocwnence $ 5 000 ate Dednctible: S 1,Od0 per daim Totat Ammal Policy Pre�ium $ 27 3.00 35%�nimumeazned lies Ln the event of a c18im, notice shonlct De seni to: Lodcton Companies, Inc. P.O. BWC 410679 Kansas City. MO 64114-0679 Forms and Endorsements Attached at Certfflcate Issuance: AIF 26101L (O6A05), SLG3 (08/24/2000, AIP2610 (06-05), NMA 1331 (4/20/61), NMA 1998 (4/24/86), NMAl256 , NMA1477 , NMA 464 , AIF2657 (10/05), LOL-601 , AHC-613 , AHC614 , AHC615 , TRIA 85 (02-0� Authorized Signat�u�e AIF 2610.IL Dec (06lOS) ADDITIONAL INSURED ENDORSENIENT In consideration of the additional premium charged, the Entity or Individual shown below shall be included as additional insured(s), but only as respects to claims arising out of the sole neg4igence of the individua4 or entity specified as an Insured under this policy. Federal Way Communiry Center 876 S 333rd St , Federal Way ,WA 98003 NAME ADDRESS NAME NAME NAME ADDRESS ADDRESS ADDRESS ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED The premium far this endorsement is included in the premium Additional Premium $ shown on the declarations unless a specific amount is shown Retum Premium $ here ENDORSEMENT NO : Effecfive: 01 /01 201 1 Is attached to and forms parf of your evidence of insurance no.: 1 1 5-1 0021 200 Issued by: Certain Undervvriter's at Lloyds, London C/o National Professional Purchasing Group Associafion 875 N. Michigan Avenue Chicago, IL 60b11 Insured: Jason Bowman 01 /18/2011 �o�-wi RETURN TO: � ,� EXT: � CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM l . ORIGINATING DEPT./DIV: � � S ' 2. ORIGINATING STAFF PERSON: `�� � EXT: � 3. DATE REQ. BY: � I a l U � 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT O 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 � CONTRACT AMENDMENT (AG#): D� - D I ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: �Ql✓5 �Gt� �� f �'1 I(t �/I S�i✓1/ 1 Ce 3 6. NAME OF CONTRACTOR: ADDRESS: � 3�7 E-MAIL: Q� (�-f � SIGNATURE NAME: � TELEPHONE a53-�(Sf � (a (?� FAX: TITLE T; �,�;;2p� . 7. EXHIBITS AND ATTACHMENTS: C7 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: � ��� � COMPLETION DATE: j� J�/ Z 9. TOTAL COMPENSATION $ q � (�(� �,/ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES (7�' EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑�s L�{O IF YES� MAXIMUIvf DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES �'NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY /`� � PURCHASING: PLEASE CHARGE TO: �(: l- 1�O� �3� �-�7� ��I "- � 1 v 10. DOCUMENT/CONTRACT REVIEW ITIAL / DATE RE I EWED INITIAL / DATE APPROVED f�`PROJECTMANAGER � � 1� �o DIRECTOR � � � /!�/ ��Il� ❑ RISK MANAGEMENT (IF p,PPLICABLE) ❑ LAW P 11-I"1-�o se� P�. t�3 11. COUNCIL APPROVAL (tF wpPL�cns1.E) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CON�RACT SIGNATURE ROUTING q�SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: i. ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS �AW DEPARTMENT ❑ SIGNATORY (cM oR DIxECTOx) �'CITY CLERK E�ASSIGNED AG# 0'SIGNED COPY RETURNED COMMENTS: INITIAL / DATE IG ED 1 � " kU 2 13 l0 AG# �_-���j�'� DATE SENT: t?� I 3I t0 in�i ` CITY OP GITY HALL � Fe d e ra I Way 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www cityoffederalway com AMENDMENT NO. 3 TO RECREATION AGREEMENT FOR PERSONAL TRAINING 5ERVICES This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Jason Bowman, dba Athletic Life, "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 January 1, 2009, as amended by Amendment No. 1 dated effective September 10, 2009 and Amendment No. 2 dated January 1, 2010, 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 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-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 shall be solely responsible for the payrnent of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. 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] (����ll� � 1�,� �; ' �ti��. �- - = - = ����� : = � � : � �= � ' ��� . � � � i � � � -.�\�`� � Y A : AMENDMENT - 1 - 1/2010 ���� c�� � � � T`f H� LL :� z�'� ��`^ �,dr?ri�� �Lt � � €'+3 �c;<'�7 � � F��r�€ +��r�. �'�l� W'8��:�-'37� a �< 3 �H� '�Q �:Yi.: iL: ��_rc`�ifir<ir:[lsrz7�'sk•:6;� c�r#'? IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: �7 i�.� p��r � e.5� , iti�.,f Q r DATE: �z-��3�z�/l� JASON BOWMAN f gy� ' _._ �._ � __ _.:.._----r _ Printed Name: t �'DI'; _ _ Lal�J!'Y1�� /�ll�� �., �r� Title: ����� �_—_— DATE: l/ /�33 //U ATTEST: City Clerk, Carol McNei ly, CM APPROVED AS TO FORM: � ity Attorney, Patricia. A Richardson STATE OF WASHINGTON ) � ) ss. COUNTY OF ) On this day personally appeared before me, Jason Bowman, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and puiposes therein mentioned. GIVEN my hand and official seal this��ay of ����;�� , 201 l� ,I (typed/printed name of notary) Notary Public in and for the State of Washington. My comtnission expires 1 b\� ��, �� AMENDMENT - 2 - 1 /2010 ` CITY OF CITY HALL ,;�..., Fe d e ra I Way 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 {253)835-7000 www cityoffederalway com EXHIBIT "B-3" 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 00/100 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 ninety-five thousand and 00/100 Dollars ($95,000.00). 2. Method of Compensation: Percentage of Revenue: In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount equal to 70% of the collected personal training revenue they generate. Additionally, the City agrees to pay the Contractor an amount equal to 75% of the collected youth basketball revenue they generate. Hourly Rate: In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly rate schedule for Contractor's personnel as shown below: $15 per client, per session for all contestants of The Biggest Loser. '1 /�-� I o � �ti�� � �� � � � ���� � � � � �. - � �-, � 1' � , � � � � � � � ```,``��� ���Frir�i �����Q�� '�� � � F. . �>�.s ; s ° � � � `� �. 's = � — = ' = = � — ��'�,'•. �y � L ���+ :' : � •, � 'j• E •.c �' ? Z0 p��` �����i�� WA8H,M���` ���t�1��N AMENDMENT - 4 - 1 /2010 CITY OF FEDERAL WAY PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT Date: December 7, 2010 To: Skip Priest, Mayor From: Kimberly Shelton, Fitness/Athletic Coordinator CC: Cary M. Roe, P.E., Director of Parks, Public Works & Emergency Management Subject: 2010-Z011 Contract Amendment for Personal T'raining at the Federal Way , Community Center �, , Summary/Background: ■ This contract amendment is for personal training services at the Federal Way Community Center performed by Jason Bowman. Jason has been a contractor with us since January 2009. ■ Jason has an outstanding reputation in the community and frequently brings clients to the center that either pay personal training rates, join the facility or both. � In exchange for space and access to our clientele, )ason performs personal training services at the FWCC on a 70%/30% split (30% to FWCC). ■ For Jason Bowman's basketball instructional program revenues are on a 75%/25% (25% to FWCC). ■ Jason Bowman earns $15 per client per session for our FWCC Biggest Loser competition. ■ This amendment increases Jason Bowman's total compensation to $95,000 for the period of January 1, 2010 through January 1, 2012. ■ Expenditures for Jason Bowman's personal training is a budgeted professional service program. RETURN ��0: CITY OF F l. ORIGINATING DEPT./DIV: P�C j E'XT: WAY LAW DEPARTMENT ROUTING FORM 2. ORIGINATING STAFF PERSON: �l fy� L7�q �I�Q I�v�l EXT: �1 Z 3. DATE REQ. BY: Z:1 �� 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.c. soNn xELnTEn DocuMErrTS� ❑ ORDINANCE ❑ RESOLUTION �CONTRACT AMENDMENT (AG#):�-. D I O INTERLOCAL 0 OTHER 5. PROJECT NAME: __��p,rS�Y�, T(�11 i11►�q �V l CCtS 6. NAME OF CONTRA ADDRESS: Zu E-MAIL:� SIGNATURE N. 7 TELEPHONE a�"3-c('S ( -( a FAX: TITLE pwk.o..l < EXHIBITS AND'ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIR�MENTS/CERTIFICATE' _(�ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES � PRIOR CONTRAC'F/A�vIENDMENTS :- TERM:. COMMENCEMENT DATE: I, 1 I i D COMPLETION D,�TE: 1� I, I 1 8. 9. TOTAL COMPENSATI�N $ "[ 5� OU v (INCLUDE F,XPENSES AND SALES TAX, IF ANY) (IF CALCUL'ATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES).' REIMBURSABLE EXPENSE: ❑ YES �10 IF YES, MAXIMUM DOLLAR AMOUNT: $ ' IS SALES TAX OWEII ❑ YES �IO IF YES, $ P.A�ID BY:.� E'ANTRACTOR � CITY � PURCHASING': PLEASE CHARGE TO: I I I��I�L�' 3Sl ^- S7S - S�I ��/ v 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APP.ROVED ' �PROJECT MANAGER ' � � - ' ❑ DIRECTOR � Z, �y Za3 O RISK MANAGEMENT (IF �PL�CABLE) O LAW O(� P� io •� o�ec n.a�tL, p,t�_� P 2-23-i �- Y�cd b `cerbc�ino.Go� —nvtany , 11. COUNCILAPPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: O� C O 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS LAW DEPARTMENT SIGNATORY DIRECTOR� � CITY CLERK � ASSIGNED AG# SIGNED COPY RETURNED 0 AG# p�'� • ( DATE SENT: ����� 0 COMMENTS: � � i' � �t1 � �u�.�-_o-F r «�urccU cP ` at� Vus. � c a�� EMC� r� � ��( 11/9 C�°rv pF CITY HALL ��� ���� I��� 33325 8th Avenue South • PC? 8ox 979 � � Federa! b1,'ay, WA 98a�63-9718 {253} 835-70fl0 �v4vw�it��c�iftederatwAy ccu?a AMENDMENT NO. 2 TO RECREATION AGREEMENT FOR PERSONAL TRAINING SERVICES This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Jason Bowman, dba Athletic Life, "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 January 1, 2009, as amended by Amendment No. 1 dated effective September 10, 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, 2011 ("Amended Term"). � 2. AMENDED SERVICES. The Services or Work, as described in Exhibit "A" and as referenced by �ection . 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-1" attached hereto and incorporated by this reference ("Additional Services"). . � � 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 arid the rate or method of payment, as delineated in Exhibit "B-2", 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 iriiposed 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 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 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 - 1 /2010 � a �: r � � GITY HALL 33325 8th ;4venu2 South • PO 8ox 9798 Federaf Way. bVA 98063-9718 {253� 835-74fl0 �nv�t� cr£� e.�t rfar ��i4vr�y cu�n IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: /�..' Brian Wil , City Manager/Police Chief ATTEST: Clerk, Carol Neill , M DATE: �?�c�f�aldlJ APPROVED AS TO FORM: City Attorney, Patricia A Richardson JASON BOWMAN By: , Printed Name: Ct 04► �jG�n'! -�'"i� C GY � �� /2'U Title: j � -�� r� DATE: c� /��/�D/ D � STATE QF WASHINGTON ) ' �/ ) ss. COUNTY OF 1� 1 !n ) On this day personally appeared before me, ✓ R S� n�� cy'�,y � 4-� , 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 instxument as his/herJtheir free and vo dee for the uses dC�� pu therein mentioned. ' ' c1 GIVEN my hand and official seal this ZZ day of �� � u a r'/ , 20/� h4 to `` P� r � + �st r. y` � ��',�, � � (typedJprinted n of no ary) M�IR� �-�►��-- < Notary Public in and for the State of Washington. '�� �.�i a My commission expires i7� '// 'L o/3 � '�'it�� 1-11-13 �o � � �i�►o t, t t�,���� F WAS�� , v � . �...� �� �'��.,,;��wiiaN�M � �l � �..3 AMENDMENT - 2 - 1 /2010 � , --. - y ��� R � ,,'�� i���' w� �1.� ro,; i �r. � r.. r . .. � ��� � s • ; �. .�I ,a� � � � � ...��- "-hS pl. ' � , k � ti j � Y �f � � �����. i. ' 1 `+ '' � :� S �^� �Y �.. • « „�C b. q `t , ;�.. `sw��,;�. ��i��0�,,, � � �` a �, q . , f',`` t11! i 1��'��� � a �, r � .� ci��r �A�.� 333�5 8th Av�nus South • PO Box 979 & Fetieral C�/ar�, V+Ifi �8{}63-971� (253 j 835-76f7fl suivw. �iS��cziie�ierafway ec��T7 EXHIBIT A-1 ADDITIQNAL 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 • Wellness Coaching , • Fitness Equipment Instruction • Group Training • Wellness Lectures • Group Fitness Instruction • Marketing and Promotion of Services • Youth Basketball Classes, Leagues, Clinics � _ ! AMENDMENT - 3 - 1 /2010 C4TY OF CITY HA�L �� _. ■��� I���� 3332� 8th Avenue South • PO Bax 9718 ����� Fed�ral 4'Vay. �NA 9&063-9718 � (253) 835-7C}40 str�vw. cif� nff� deraPwtiy cUrrt 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 twenty-five thousand and 00/100 Dollars ($25,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed forty-five thousand and 00/100 Dollars ($45,000.00). 2. Method of Compensation: Percentage of Revenue: In consideration of the Contractar performing the Services, the City agrees to pay the Contractor an amount equal to 60% of the collected personal training revenue they generate. Additionally, the City agrees to pay the Contraetor an amount equal to 75% of the collected youth basketball revenue they generate. Hourl� Rate: . In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis o�.the hourly rate schedule for Contractor's personnel as shown below: $15 per client, per sessfon for all contestants of The Biggest Loser. AMENDMENT - 4 - 1 /2010 This Declarations Page is attached to and forms part of certificate provisions (Form SLC-3USA). Allied Health Professional and Supplemental Liability Policy � CLAIMS MADE DECLARATIONS NOTICE: COVERAGE A. —PROFESSIONAL LIABILITY APPLIES ON A CLAIMS MADE BASIS. COVERAGE A. APPLIES TO THOSE CLAIMS FIRST MADE AGAINST AN INSURED AND REPORTED TO US DURING THE POLICY TERM OR ANY EXTENDED REPORTING PERIOD. AMOUNTS INCURRED FOR LEGAL DEFENSE SHALL REDUCE THE LIMIT OF LIABILITY AVAILABLE TO PAY JUDGEMENTS OR SETTLEMENTS UNDER COVERAGE A. Certificate Number: 115-10021200 Issued by: Certain Underwriter's at Lloyd's, London Authority Ref. No.: NA2004 LK01 Named Insured and Address: Policy Term: Jason Bowman Effective Date: 01/01/2010 Athletic Life Expiration Date: 01/01l2011 2537 62nd Ave E 12:01 AM Standard Time at the address of the Named Insured #33-104 Fife, WA 98424 Professional Liability Retroactive Date: 01/01/2009 Coverage issued through: National Professional Purchasing Group Association, inc. Business Entity: Go Lockton Companies, Inc. Professional Services: ISSA-Certified Personal Trainer P.O. Box 410679 Affiliation• KansaS City, Missouri 641140679 • International Sports Sciences Assoaation NOTE: THIS IS A CLAIMS MADE POLICY FOR COVERAGE A. PLEASE READ YOUR POLICY CAREFULLY � COVERAGE ' LIMITS PREMIUM ' � Coverage A.:, ' Professional Liability and $ 1,000,000 Each Professional $ 1,000,000 Aggregate Personal and Advertisin In'ur Incident or Offense _ Coverage B.• Supptemental Liability $ 1;000;000 Each Occurrence $ 1,00O,OOQ Aggregate General Liability (Included) Host Liquor Liability � (Included) Fire/VVater Damage Legal S 100,000 Each Occurrence Liability (Included) Coverage C.: , . Medical Ex enses Covera e $ 2,000 Each Person $ 50,000 A re ate Coverage D:, Additional Payments: First Aid Coverage $ 2 Aggregate Defendants Reimbursement $ 10,000 Each Professional $ 500 Each Day Incident, Offense or Occurrence Deposition Fees and Expenses $ S,OW Each Deposition $ 25,000 Aggregate Dama e to Pro er of Others $ 500 Each Occurrence $ 5,000 A re ate Total Annual Policy Premium $ 204.00 Deductible: $ 1,000 er claim 35% minimum earned remium a lies ln tne event ot a clalm, notice snoul(! be sent to: Lockton Companies, Inc. P. O Box 410679 Kansas Ciy MO 64114-0679 Forms and Endorsements Attached at Certificate Issuance: SLC-3USA ,, AIF2610 (Q6-05}, NMA 1331 (4/20l61), NMA 1998 (4/24/86), NMAl256 , NMA1477 , NMA 464 , LOL-601 , AHC613 , AHC614 , AHC615 , AIF 2657 , TRIA 85 (02-07) Authorized Signatwe ADDITIONAL INSURED ENDORSEMENT In consideration of the additional premium charged, the Entity or Individual shown below shall be included as additional insured(s), but only as respects to claims arising out of the sole negligence of the individual or entity specified as an Insured under this policy. City of Federal Way 876 S 333rd St , Federal Way ,WA 98003 NAME ADDRESS NAME ADDRESS ` ; - ; ; NAME . : , RDDRESS < ; . _ NAME ; ApDRESS , ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNC.HANGED ,. The premium for this endorsement is included in the premium Additional Premium $ shown on the declarations unless a specific amount is shown Return Premium $ here ENDORSEMENT NO.: Effective: 01/01/2010 Is attached to and forms parf of yo ur evidence of insurance no.: 115-10021200 Issued by: Certain Underwriter's at Lloyds, London C/o National Professional Purchasing Group Association 875 N. Michigan Avenue Chicago, IL 60611 Insured: Jason Bowman 02/23/2010 �o�-�oi CITY OF �.. � e . .� Federal Way BUSINESS RE�IS�RATION !I License Nembcr 2lM-08-1A5307-00-BL � N�a-Resident Business ltegistered: ATHi.T'F'iC I.IFE 2537 62ND AVE E FIFE, WA 98424 Eaou�es:12/31f2010 --- __.�._ ---_—_ - --- ._�,__� ... _____ ---- ___--- - - ------- _ __— _-_ _ -_-- - -- - Cate�orv: • 7200 - Personal Service.s ' Conditions: This license is non-transferahle. . Please notify the City Clerk's office of any change in your business such as a new location or business tiame. , .�.����� EDE ��'��' �� �� � � � '�% : 1`` = cpRpQHA�E �� 1: /��,(}� ]'� ' V ; ....- = l.�t-l'/(,(J"1. �- - ' ` / r' _ s�y - - ;� �,,= .- '•�� y, �, �;�pz � c�y c�, c;�y �F� w� G �.+ •,��q / , 4NIN ', � 17�is certifias dmt We above sntity has bee� is�ued the � a� licxnse ligoed. � City of Falaal Way - Lic�sing (253) 835-2506 33325 8th Ave. S., P_O. Box 9718, F� R►ay, VHA 98063A718 r-- i JASON BOWMAN _ as�� �2�n �vE � : _ F�FFE VVA 98�24 : JASON E BONMAN SNAPE YOUR BODY FITNESS 876 S 333RD ST FEDERAL NAY WA 98003-6343 000669 DETACH BEFORE POSTING �, � - ,_ . . . , : � : �AS�)N E � . SIi�;PE' YflUR ,B�DY FITNESS ,` 87 6': S 333RD ST FEDERAL WAY WA 9800� b343 - � TAX RE�ISTRATION RE6ISTERED TRADE NI�MES: SHAPE YOUR BODY FITNESS n�. . . . , . . ..... . .�.. , . ... , _ .._.. :` .,_. . . .. �. �,_.0 . . .. `��T�lf QF: - _ . > � - - x�,` _ . . 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' � :- '.-�. � i- : W 1 Jf1S�,�1 ��i� - - � �b � '�I��1����.�1���i08 . � . .� . _ A1�� '"t�iA �0�� . , � � . ,. > ,: ,.;.:: .:. . -: . _ .:: , �� . : V , . 1. 2. 4. 5. 6. 7. 8. 9. 10. 11. DATE OUT: TO: tv\. a. if CITY OF FEDERAL WA REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP ORIGINATING DEPT.IDIV: P ~C ..~ ORIGINATING STAFF PERSON: +(.1 m~ ~i~XT: TYPE OF DOCUMENT REQUESTED (CHECK ONE) o PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE/LABOR AGREEMENT o PUBLIC WORKS CONTRACT o SMALL PUBLIC WORKS CONTRACT eaq 323. DATE REQ. BY: or III 0 , o SECURITY DOCUMENT (E.G. AGREEMENT & PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN DEU OF BOND) o CONTRACTOR SELECTION DOCUMENT \.t (E.G., RFB, RFP, RFQ) ~ CONTRACT AMENDMENT AG#:-OO ---0 l S- o CDBG o OTHER (LESS THAN $200,000) o PURCHASE AGREEMENT) (MATERIALS, SUPPLIES, EQUIPMENT) o REAL ESTATE DOCUMENT PROJECfNAME'_"J>e:rs 6Y'\<' J lrq, IJ I vt3 S0rv I r f' 5 NAME OF CONTRACTOR: '- \ ~ 61\,^-1,^ AQ ^ ADDRESS: Ill../-'o t 1 V\ & "I! oA Pr-Le S E Au kilN n wA q~L, 3 SIGNATURE NAME: JBSL~ fb~~ I TELEPHONE ~~7,-1 c.Ca~ 7()'i~ TITLE 6l-w'vl~ ATTACH ALL EXHIBITS AND CHECK BOXES o SCOPE OF SERVICES )QALL EXHIBITS REFERENCED IN DOCUMENT o INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE TERM: COMMENCEMENTDATE:~COMPLETIONDATE: ~ {{ I Jt 0 TOTAL COMPENSATION $ 2.0 C>OO. 00 (INCLUDE EXPENSES ANDSALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR C~RGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES QilNO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES ~NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY CONTRACT REVIEW ~ PROJECT MANAGER o DIRECTOR o RISK MANAGEMENT o LAW INITIALIDATEAPPROVED ~~\,~RO~ ~ (1~t<l' Pd p rJ.1S j 0(/ ~ i"-b-\(-4 ~ U;. v<' .fr INITIALIDATE APPROVED pop Cf-Vf - VJ INITIALIDATE APPROVED CONTRACT SIGNATURE ROUTING o LAW DEPARTMENT ~CITYMANAGER C,,~k~ . ,'I.J';f1 ~ CITY CLERK .2!I.!.l..) -',! 0=.1 ~ SIGN COpy BACK TO ORGINATING DEPT. anrf\ q., \.0"1 ){ ASSIGNEDAG# 09. -0\5 t\ il PURCHASING: PLEASE CHARGE TO:" t It- 7&..DO- 3 5"'/- ~r~ S-I- '--1/ (') COMMENTS A " O(lc;)l(\OJ CifY\fya {t-~. (nsUYaVlCP)' LH'~ A~"". d-O 0 ClJ ~hl+ "B'-' Jf. ~Gl~ f'Je>.\ 07/05 , 8L r:.. ,:\ "., {)Jh I L~ \ S V . .7- eO Ci.~ \ \:n\-s iAn-eJ\&X"'..o-4'~ ~~~ \ ~,h.{\?'\\-si ~, tA ...... CITY OF Federal CITY HALL 33325 8th .Avenue South' PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 ~'t<l1/w.cityt}ffederdAv8Y corn AMENDMENT NO.1 TO RECREATION AGREEMENT FOR PERSONAL TRAINING SERVICES This Amendment ("Amendment No.1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Jason Bowman, dba S4ape Your Body Fitness, 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 January 1, 2009, as follows: D 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 ofthe 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 [Insert specific date] ("Amended Term"). (If no new date is included then the Term shall be as provided in the Agreement.) D 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-[ #]" attached hereto and incorporated by this reference ("Additional Services"). (If no Exhibit "A-[#]" is attached no amendment of Services is contemplated.) IZJ 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. ADDITIONAL 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 ofthe 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 ofthis 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. AMENDMENT - 1 - Amd Ind 3/31/09 ...... rlTV WAl I CITY OF Federal y CITY HAll 33325 8th Avenue South' PO Box 9718 Federal Way, I.NA 98063-9718 (253) 835-7000 \Ht'W cityvftlHfofdlway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: By: Brian Wil , Interim City Manager APPROVED AS TO FORM: DATE: q)ol.;~ I Signature on file, form approved 3/31/2009 by: City Attorney, Patricia A Richardson JASON BOWMAN ~~ " .,~' "",,..........., By' . ,~. '''. -, .( ~--.- . ,- . ...~-....- ,..,:::. ---..Y"., ,'. "-,f.._f s" ...... _ '''~A''",,,",--, ---:-~ \,...-....".." ...'~) Printed Name: l Ja 51,/? -brtt(./;t14j~) Title: flFr ?J / (1 li(),:", It. I , I DATE: STATE OF WASHINGTON) 1/ ' ) ss. COUNTY OF ,... I YI) ) On this day personally appeared before me, :; q s 0 11 13 0 LV h1 f.i '1 , 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 J .I/, . day of S e p le /U b e r , 200~. f !Jnq !-0(1 f.e IrrJ V (typed/printed name of notary) -201".:> AMENDMENT - 2 - Amd Ind 3/31/09 ~ Federal Way CITY HALL 33325 8th Avenue South' PO Box 9718 Federal Way. WA 98063-9718 (253) 835-7000 wlvwcllyoffederafway com EXHIBIT "B-1 " ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed ten thousand and 001100 Dollars ($10,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed twenty thousand and 00/100 Dollars ($20,000.00). 2. Method of Compensation: Percentage of Revenue: In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount equal to 60% of the collected personal training revenue they generate. Hourly Rate: In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly rate schedule for Contractor's personnel as shown below: $15 per client, per session for all contestants of The Biggest Loser. GOODS AND SERVICES AGREEMENT - 2 - GS Exh 3/31/09 33325 8th Ave. South P.O. Box 9718 Federal Way, WA 98063-9718 VENDOR: 011289 BOWMAN, JASON SHAPE YOUR BODY FITNESS 7140 LINDSAY AVE SE, APT 108 AUBURN, WA 98092 FOB Point: Terms: Net 30 Req. Del. Date: Speciallnst: FWCC-AG09-015 PERSONAL TRAINER SVCS Page 1 / 1 2/9/2009 060212 SHIP TO: FEDERAL WAY CITY HALL 33325 8TH AVE SOUTH PO BOX 9718 FEDERAL WAY, WA 98063-9718 Req. No.: Dept.: ATHLETICS & SPECIALIZED SVCS Contact: KIMBERLY SHELTON Confirming? Yes THIS IS A REVISED PURCHASE ORDER FWCC-AG09-015 PERSONAL TRAINER SVCS AMEND TO CHANGE TO CORRECT ACCOUNT. ORIGINAL CONTRACT HAD OBJECT CODE 354 BILL TO: CITY OF FEDERAL WAY 33325 8TH AVE SOUTH PO BOX 9718 FEDERAL WAY, WA 98063-9718 SUBTOTAL TAX FREIGHT TOTAL 10,000.00 10,000.00 0.00 0.00 10,000.00 E 111-7200-351-575-51-410 10,000.00 Authorized Signature VENDOR COPY Authorized Signature (over $1,000) ~ CITYOF ~~ Federal Way Page 1 / 1 33325 8th Ave. South P.O. Box 9718 Federal Way, WA 98063-9718 [4 ;~ _i11:j 2/9/2009 ,.~ 060212 VENDOR: 011289 BOWMAN, JASON SHAPE YOUR BODY FITNESS 7140 LINDSAY AVE SE, APT 108 AUBURN, WA 98092 SHIP TO: FEDERAL WAY CITY HALL 33325 8TH AVE SOUTH PO BOX 9718 FEDERAL WAY, WA 98063-9718 FOB Point: Terms: Net 30 Req. Del. Date: Req. No.: Dept.: ATHLETICS & SPECIALIZED SVCS Contact: KIMBERLY SHELTON Confirming? Yes Speciallnst: FWCC-AG09-015 PERSONAL TRAINER SVCS BILL TO: CITY OF FEDERAL WAY 33325 8TH AVE SOUTH PO BOX 9718 FEDERAL WAY, WA 98063-9718 SUBTOTAL TAX FREIGHT TOTAL 10,000.00 0.00 0.00 10,000.00 E 111-7200-351-575-51-354 10,000.00 Authorized Signature VENDOR COPY Authorized Signature (over $1,000) CITY OF FEDERAL WAY PURCHASE TERMS AND CONDITIONS THE PURCHASE ORDER CONTRACT INCLUDES THE FOLLOWING TERMS AND CONDITIONS AND INCLUDES, BUT IS NOT LIMITED TO , THE INVITATION TO BID, REQUEST FOR QUOTATION, SPECIFICATIONS, PLANS AND PUBLISHED RULES AND REGULATIONS OF THE CITY OF FEDERAL WAY PURCHASING DIVISION AND THE LAWS OF THE CITY OF FEDERAL WAY AND THE STATE OF WASHINGTON, WHICH ARE HEREBY INCORPORATED BY REFERENCE. VENDOR AND PURCHASER AGREE AS FOLLOWS: 1. DELIVERY. For any exception to the delivery date as specified on this order, Vendor shall give prior notification and obtain written approval thereto from the Purchasing Coordinator or appropriate representative with respect to delivery under this order. Time is of the essence and the order is subject to termination and/or appropriate damages for failure to deliver as specified. 2. PACKAGING. No charge will be allowed for packaging, boxing, handling or transportation costs except as specified on this order. 3. SHIPPING INSTRUCTIONS. Unless otherwise specified, all goods are to be shipped prepaid, F.O.B. Destination. Where shipping addresses indicate room numbers the vendor shall make delivery to that location at no additional charge where specific authorization is granted to ship goods F.O.B. shipping point. Vendor agrees to prepay all shipping charges, route as instructed or if instructions are not provided, route by cheapest common carrier and to bill the Purchaser as a separate item on the invoice for said charges. Each invoice for shipping charges shall contain the original or a copy of the bill indicating that the payment for shipping has been made. Purchaser reserves the right to refuse COD shipments. 4. RISK OF LOSS. Regardless of F.O.B. point, Vendor agrees to bear all risks of loss, injury or destruction of goods and materials ordered herein which occur prior to delivery. Such loss, injury or destruction shall not release Vendor from any obligations hereunder 5. CHANGES. No alteration in any of the terms, conditions, delivery price, quantity, quality, or specifications of this order will be affective without written consent of the Purchaser for its acceptance prior to shipment. 6. SAVE HARMLESS. Vendor shall protect, indemnify and save Purchaser, its officers, agents, servants and employees harmless from and against any damage, cost or liability of any nature for any injuries to persons or property arising from acts or omissions of Vendor, his employees, agents or subcontractors howsoever caused. 7. INFRINGEMENTS. Vendor agrees to protect and save harmless the Purchaser against all claims, suits or proceedings because of use of copyrighted. or un- copyrighted composition, secret process, patented or un-patented invention, articles or appliances furnished or used under this order, and to assume all expenses and damages arising from such claims, suits, or proceedings. 8. REJECTION. All goods or materials purchased herein are subject to approval by the Purchaser. Any rejection of goods or material resulting because of nonconformity to the terms and specifications of this order whether held by the Purchaser or returned, will be at Vendor's risk and expense. 9. ASSIGNMENTS. The provisions or monies due under this contract shall only be assignable, in whole or in part, with the prior written approval of the Purchasing Coordinator or approved representative of the City of Federal Way. 10. PAYMENTS, CASH DISCOUNT, LATE PAYMENT CHARGES. Invoices will not be processed for payment nor will the period of computation for cash discount commence until receipt of a properly completed invoice or invoiced items, whichever is later. If an adjustment in payment is necessary due to damage or dispute, the cash discount period shall commence on the date final approval for payment is authorized. 11. WARRANTIES. Vendor warrants that articles supplied under this order conform to specifications herein and are fit for the purpose for which such goods are ordinarily employed, except that if a particular purpose is stated, the material must then be fit for that particular purpose. 12. FORCE MAJEURE. Neither party shall be held responsible for failure or delay in the fulfillment of conditions of this contract or purchase order if the cause is not within the control of the party whose performance is interfered with and which, by the exercise of reasonable diligence, said party is unable to prevent. 13. GRATUITIES. The Purchaser may, by written notice to the Vendor, cancel this contract if it is found by Purchaser that Vendor or any agent or representative of Vendor, offered or gave gratuities, in the form of entertainment. gifts or otherwise, to any officer or employee of the City of Federal Way with a view toward securing a contract or securing favorable treatment with respect to the awarding of this contract, in violation of the City of Federal Way Code of Ethics. 14. TAXES. Unless otherwise indicated, the Purchaser agrees to pay all State of Washington sales or use tax. Vendor shall comply with and be responsible for all federal, state, and local taxes and licensing requirements. When applicable, Purchaser agrees to furnish Vendor, upon acceptance of articles supplied under this order, with an exemption certificate. 15. TERM. This purchase order is valid for current fiscal year only. Orders for any services or goods which have not been received or delivered by December 31 of the current year shall be considered cancelled without further notice. 16. TERMINATION. In the event of a breach by Vendor of any of the provisions of this contract, the Purchaser reserves the right to cancel and terminate this contract forthwith upon giving an Oral or written notice to Vendor. Vendor shall be liable for damages suffered by Purchaser resulting from Vendor's breach of contract. 17. NONDISCRIMINATION AND AFFIRMATIVE ACTION. Vendor agrees not to discriminate against any client, employee or applicant for employment or services because of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical disability with regard to, but not limited to, the following employment upgrading, demotion or transfer, recruitment or recruitment advertising, lay-offs or terminations, rates of payor other forms of compensation, selection for training or rendition of services. It is further understood that any vendor who is in violation of this clause or an applicable Affirmative Action Program shall be barred forthwith from receiving awards of any purchase order from the City unless a satisfactory showing is made that discriminatory practices or noncompliance with applicable Affirmative Action Programs have terminated and that a recurrence of such acts is unlikely. 18. DEFAULT. Vendor covenants and agrees that in the event suit is instituted by the Purchaser for any default on the part of the Vendor, and the Vendor is adjudged by a court of competent jurisdiction to be in default, he shall pay to the Purchaser all costs, expense expended or incurred by the Purchaser in connection therewith, and reasonable attorney's fees. The Vendor agrees that the Superior Court of the State of Washington shall have jurisdiction over any suit, and that venue shall be laid in King County. 19. IDENTIFICATION. All invoices, packing lists, packages, shipping notices, and other written documents affecting this order shall contain the applicable purchase order number. 20. LIENS, CLAIMS AND ENCUMBRANCES. Vendor warrants and represents that all the goods or materials ordered herein are free and clear of all liens, claims or encumbrances of any kind. 21. ANTI-TRUST. Vendor and the Purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact Borne by the Purchaser. Therefore, Vendor hereby assigns to the Purchaser any and all claims for such overcharges. 22. BRANDS. When a special brand is named it shall be construed solely for the purpose of indicating the standard or quality, performance or use desired, Brands of equal quality, performance, and use shall be considered, provided Vendor specifies the brand and model and submits descriptive literature when available. 23. ACCEPTANCE. BY ACCEPTING THIS PURCHASE ORDER IN WRITING OR BY DELIVERING THE MATERIAL ORDERED, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH. FORMAL OBJECTION IS HEREBY MADE TO ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY VENDOR AS A CONDITION OF ACCEPTANCE OR DELIVERY INSTRUCTIONS FOR USE OF PURCHASE ORDER VENDOR: Upon completion of the order, an invoice reflecting all costs relating to the order shall be submitted to the City of Federal Way Accounts Payable Department. 33325 8th Ave. South, P.O. Box 9718, Federal Way, WA 98063-9718. The completed purchase order will be paid according to the current schedule available from Accounts Payable. DATE IN: I DATE OUT: I TO: 'K.\~~L~\ 6~ CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT.IDIV: -.:.,prz1-.S 2. ORIGINATING STAFF PERSON: -\(lV1A/~ Shd~ EXT: JaS3J- 3. DATEREQ.BY: 1~31 /O?s 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) ~ PROFESSIONAL SERVICE AGREEMENT 0 SECURITY DOCUMENT (E.G. AGREEMENT & o MAINTENANCEILABOR AGREEMENT PERFIMAIN BOND; ASSIGNMENT OF FUNDS IN DEU OF BOND) o PUBLIC WORKS CONTRACT 0 CONTRACTOR SELECTION DOCUMENT o SMALL PUBLIC WORKS CONTRACT (E.G., RFB, RFP, RFQ) (LESS THAN $200,000) 0 CONTRACT AMENDMENT AG#: o PURCHASE AGREEMENT) 0 CDBG (MATERIALS, SUPPLIES, EQUIPMENT) 0 OTHER o REAL ESTATE DOCUMENT PROJECT NAME: P evs ~aJ lrc\ I (\.l ~ '6 S€/fV ~W NAME OF CONTRACTOR: <~<;';tJ'Y\. ~lMJl'AD....vt ADDRESS:ll L{ 0 if;. t1~~ f!r:.L'e ~E SIGNATURE NAME: ~ b fl;" w A- . ~. S'.. 0 0 ~ 5. 6. TELEPHONE J. ~3-- 2(.,,4, - J 09 .10 TITLE 01 AIV\ ~ 7. ATTACH ALL EXHIBITS AND CHECK BOXES ~PE OF SERVICES o INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE o ALL EXHIBITS REFERENCED IN DOCUMENT 8. TERM: COMMENCEMENT DATE: ) I. I 09 COMPLETIONDATE:~ 9. TOTAL COMPENSATION $ 10 000 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CkARGE - 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 10. CONTRACT REVIEW o PROJECT MANAGER ,2'1SIRECTOR o RISK MANAGEMENT o LAW INITIAL/DATE APPROVED ~S 1:y~O\O~ ':::> ~ 1'2..- -s; \ - O~ INITIAL/DATE APPROVED 11. CONTRACT SIGNATURE ROUTING INITIALIDATE APPROVED INITIALIDATE APPROVED o LAW DEPARTMENT o CITY MANAGER 'ft CITY CLERK ~ SIGN COPY BACK TO ORGINATING DEPT. 'fJ ASSIGNED AG# 001- Of? o PURCHASING: PLEASE CHARGE TO: . \ \ \ ~l2OD'- 3S \ -51'S - &)1- 354- COMMENTS .' ~~~ 2;~ . wt~~~ _ ~~:,:~[~&e~ <[AUld . . vl .ef [-, tee n OS va a..t ~ ~ . . bc.{s l icevtSe. . 07/05 RECREATION AGREEMENT FOR PERSONAL TRAINING SERVICES This Recreation Agreement ("Agreement") is dated effective this 1st day of January, 2009. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City"), and Jason Bowman, dba Shape Your Body Fitness, 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 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 of this Agreement shall commence upon the effective date of this Agreement and shall continue until the completion ofthe Services, but in any event no later than January 1,2010 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 3. Termination. Prior to the expiration of the 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 Ten Thousand and Noll 00, ($10,000.00) calculated on the basis of paying sixty percent (60%) of each personal training fee paid and not refunded. 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 fee paid and not refunded. - 1 - 4.2 Method of Payment. 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 same is approved by the appropriate City representative. Payment shall be made on a monthly basis, thirty (30) days after receipt of such voucher or lllVOlce. 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 due. Industrial or any other insurance that 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 professional 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 - 2 - Agreement. eontractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 ReW. eontractor'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 eity Indemnification. The eity agrees to indemnify, defend and hold the eontractor, 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 eity, 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 Employer. In all eontractor services, programs or activities, and all eontractor hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination by eontractor or by eontractor'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. eontractor shall comply with and shall not violate any ofthe terms ofehapter 49.60 ReW, Title VI of the eivil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973,49 eFRPart 21,21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. Any material violation of this provision shall be grounds for termination of this Agreement by the eity and, in the case of the eontractor's breach, may result in ineligibility for further eity agreements. 10. eonfidentiality. All information regarding the eity obtained by eontractor in performance of this Agreement shall be considered confidential. Breach of confidentiality by eontractor will be grounds for immediate termination. 11. Insurance. The eontractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the eity: - 3 - ll.1 Workers' compensation and employer's liability msurance m amounts sufficient pursuant to the laws of the State of Washington; 11.2 eommercial general liability insurance with combined single limits ofliability not less than $1,000,000 for bodily injury, including personal injury or death, products liability and property damage. 11.3 Automobile liability insurance with combined single limits ofliability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. The eity shall be named as additional insured on all such insurance policies, with the exception of workers' compensation coverage( s) if eontractor participates in a state-run workers' comp program. eontractor shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at eity's request, furnish the eity 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 eity. Ifeontractor's insurance policies are "claims made," eontractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the eity. eontractor's failure to maintain such insurance policies shall be grounds for the eity's immediate termination of this Agreement. 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. 12. Work Product. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by eontractor while performing the Services shall belong to the eity. At the termination or cancellation of this Agreement, all originals and copies of any such work product remaining in the possession of eon tractor shall be delivered to the eity. 13. Books and Records. The eontractor 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 eity 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 eity, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. - 4 - 14. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the eity will not be obligated to make payments for Services or amounts incurred after the end of the 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 eity in the event this provision applies. 15. General Provisions. 15.1 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. 15.2 Modification. No provision of this Agreement, including this provision, may be amended or modified except by written agreement signed by the Parties. 15.3 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. 15.4 Assignment. Neither the eontractor nor the eity 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. 15.5 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. 15.6 Attorney 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 eounty, Washington. 15.7 No Waiver. Failure or delay of the eity to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure ofthe eity to declare one breach or default does not act as a waiver of the eity's right to declare another breach or default. 15.8 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. - 5 - 15.9 Authority. Each individual executing this Agreement on behalf of the eity and eontractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the eontractor or the eity. 15.10 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. 15.11 eaptions. 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. l5.12 Performance. Time is of the essence of this 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 eontractor's performance of this Agreement. 15.13 Remedies eumulative. 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 eity at law, in equity or by statute. 15.l4 eounterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 15.15 eompliance with Ethics eode. If a violation of the eity'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 eity's option. 15.16 Equal Opportunity to Draft. The parties have participated and had an equal opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. DATED the day and year set forth above. eITY OF FEDERAL WAY By: ~~ Steve Ikerd Interim Director 33325 8th Ave S PO BOX 9718 Federal Way, WA 98063-9718 - 6 - ATTEST: "'" " -^"",- eity elerk'>~~ura " / X APPROVE~S T /.1.' I eity Attorney, Patricia A Richardson ( STATE OF WASHINGTON ) Jason Bowman .,:;) ~~ ~l~~Y -C.. ...:J ' JaJtm ~WIJ1I(j1 (Printed Name) Its: (!orrlmclor (Title) IIC/O LlndS~1/ If H.. [it- #/Of] ( auburn tv./! q'iJtJq~ (Address) 253 . qS/ ~ htZ,q (Phone) - 7 - eOUNTY OF kl..\.'1 ) ss. ) On this day personally appeared before me, fl<;;dY\ &4JfV'\tA-r- , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore tha@she/they executed the foregoing instrument as ~er/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this I;; ~ day of ~ , 200 J- ~ (:j, (J~ L. Wl.s~~ (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires "1,. )...q . 10 EXHIBIT A - 8 - SCOPE OF SERVICES eontractor shall provide personal training services for the eity of Federal Way. These services may include, but are not limited to: · Fitness Program ereation · Body eomposition Testing and Analysis . Wellness eoaching · Fitness Equipment Instruction . Group Training . Wellness Lectures . Group Fitness Instruction · Marketing & Promotion of Services - 9 - This Declarations Page is attached to and forms part of certificate proVisions (Form SLC-3USA). Allied Health Professional and Supplemental Liability Policy CLAIMS MADE DECLARATIONS NOTICE: COVERAGE A. - PROFESSIONAL LIABILITY APPLIES ON A CLAIMS MADE BASIS. COVERAGE A. APPLIES TO THOSE CLAIMS FIRST MADE AGAINST AN INSURED AND REPORTED TO US DURING THE POLICY TERM OR ANY EXTENDED REPORTING PERIOD. AMOUNTS INCURRED FOR LEGAL DEFENSE SHALL REDUCE THE LIMIT OF LIABILITY AVAILABLE TO PAY JUDGEMENTS OR SETTLEMENTS UNDER COVERAGE A. Certificate Number: 115-10021200 Authority Ref, No.: NA2004 LK01 Named Insured and Address: Jason Bowman Shape Your Body Fitness 7140 Lindsay Ave SE Apt 108 Auburn, WA 98092-8762 Issued by: Certain Underwriter's at Lloyd's, London Policy Term: Effective Date: 01/01/2009 Expiration Date: 01/01/2010 12:01 AM Standard Time at the address of the Named Insured Professional Liability Retroactive Date: 01/01/2009 Coverage issued through: National Professional Purchasing Group Association, Inc. Business Entity: c/o Lockton Companies, Inc. Professional Services: ISSA-Certified Personal Trainer P.O. Box 410679 Affll' ti . Kansas City, Missouri 64114-0679 la on. International Sports Sciences Association NOTE: THIS IS A CLAIMS MADE POLICY FOR COVERAGE A, PLEASE READ YOUR POLICY CAREFULLY COVERAGE LIMITS . PREMIUM Coverage A,: Professional Liability and $ 1,000,000 Each Professional $ 1,000,000 Aggregate Personal and Advertisin2 Injury Incident or Offense Coverage B,: Supplemental Liability $ 1,000,000 Each Occurrence $ 1,000,000 Aggregate' General Liability (Included) Host Liquor Liability (Included) FirelWater Damage Legal $ 100,000 Each Occurrence Liability (Included) Coverage c,: Medical Exoenses Covera2e $ 2,000 Each Person $ 50,000 Aggregate Coverage D., Additional Payments: First Aid Coverage $ 2,500 Aggregate Defendants Reimbunement $ 10,000' Each Professional $ 500 Each Day Incident, Offense or Occurrence Deposition Fees and Expenses $ 5,000 Each Deposition $ 25,000 Aggregate Dama2e to Property of Others $ 500 Each Occurrence $ 5,000 Aggregate Total Annual Policy Premium $ 184.00 Deductible: $ 1 ,000 per claim 35% minimum earned premium aoolies In the event of a claim, notice should be sent to: Lockton Companies, Inc. P. 0 Box 410679 Kansas City, MO 64114-0679 Forms and Endorsements Attached at Certificate Issuance: . SLC-3USA, ,AIF2610 (06-05), NMA 1331 (4/20/61), NMA 1998 (4/24/86), NMA1256, NMA1477 ,NMA 464, LOL-601 ,AHC613, AHC614 ,AHC615, LOL-612 LOL-612, AIF 2657, TRIA 85 (02-07) ADDITIONAL INSURED ENDORSEMENT In consideration of the additional premium charged, the Entity or Individual shown below shall be included as additional insured(s), but only as respects to claims arising out of the sole negligence of the individual or entity specified as an Insured under this policy. City of Federal Way NAME 876 S 333rd St , Federal Way ,WA 98003-6343 ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED The premium for this endorsement is included in the premium Additional Premium $ shown on the declarations unless a specific amount is shown Return Premium' $ here ENDORSEMENT NO.: Effective: 01/01/2009 Is attached to and forms part of yo ur evidence of insurance no.: 115-10021200 Issued by: Certain Underwriter's at L1oyds. London C/o National Professional Purchasing Group Association 875 N. Michigan Avenue Chicago. IL 60611 Insured: Jason Bowman Date Issued: Authorized Representative: ~ ~ 11/14/2008 LOL-601 I:nt'ar Danict'r::1t'inn Mllmhar. ~n') ~Qn 172 Enter Registration Number: Enter Account Name: 602 680 173 Legal Enti ty: BOWMAN JASON E Doing Business As: SHAPE YOUR BODY FITNESS Mailing Address: 7140 LINDSAY AVE SE APT 108 AUBURN WA 98092-8762 Business Location: Owner Type: Account Status: Account opened: Account closed: N. American Ind. class code: 812990 Standard Industrial code: Taxpayer information on this screen may be disclosed to the public. KT1010s =< 105 >==< BR >=======< DOR Public Info Acct Inquiry >=========< P >==< R380 >= F1-Enter F2-Next Account F3-previous Account F12-Menu/GoTO F4-Related Accts F8-print Screen sF9-Pause SF10-Help SF12-System Menu SOLE PROPRIETOR OPEN 01/01/2009 RECEIVED NaV 06 2008 DEP1; ~i" rttVENUE KEN7: WA JASON E BOWMAN SHAPE YOUR BODY FITNESS 876 S 333RD ST FEDERAL WAY WA 98003-6343 000669 DETACH BEFORE POSTING BODY FITNESS. 876 S 333RD ST FEDERAL WAY WA 98003 6343 TAX REGISTRATION REGISTERED TRADE NAMES: SHAPE YOUR BODY FITNESS