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AG 11-152RETURN TO: David Clemons EXT: 6949 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PARKS 2. ORIGINATING STAFF PERSON: DAVID CLEMONS 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE CONTRACT AMENDMENT(AG #): 15 2. ❑ OTHER EXT: 6949 3. DATE REQ. BY: G , RFB, RFP, RFQ) ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: cr i ;Ane55 Eo,v ∎ ponev►l- 5ery \CL' 6. NAME OF CONTRACTOR: ADDRESS: E -MAIL: SIGNATURE NAME: A+�vAnc d Pro :;-vir'-,s RPpo.ir, ln, TELEPHONE: FAX: TITLE: 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / / 8. TERM: COMMENCEMENT DATE: I h 1 I i COMPLETION DATE: (2.I al I %1 9. TOTAL COMPENSATION: $ 5 S I O 00 - 0C ( �a A I 1 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH` SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: I I , ZV\,+ 3 ; 1` 51 5 `",. ? i 1-0 INITIAL /DATEREVIEWED INITIAL/ DATE APPROVED t3 (t R (1(c )14- t� t v n i 10. DOCUMENT / CONTRACT REVIEW ❑ PROJECT MANAGER ❑ SUPERVISOR ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR COMMITTEE APPROVAL DATE: t (7'llt4 DATE SENT: I t t -2A1 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAw DEPT /a:JIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG # ❑ SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: INITIAL / DATE IGN AG 1/- DATE SENT: 1 12 p /- 5/ -(7- NA* ► ,J c1 -Dec cT►ti� y 20l %�' COUNCIL APPROVAL DATE: DATE REC' D: 11 2511-1 11/9 Federal Way AMENDMENT NO. 4 TO MAINTENANCE AGREEMENT FOR FITNESS EQUIPMENT SERVICE CITY HALL 33325 8th Avenue South Fula rad Way. WA 88003 -8325 (253) 835 -7000 www cItyotfederatway. corn This Amendment ("Amendment No. 4 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Advanced Pro Fitness Repair, Inc., a Washington corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement fitness equipment service ('`Agreement ") dated effective July 15, 2011, as amended by Amendment No. 1, Amendment No. 2, and Amendment No. 3, 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 July 31, 2017 ( "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, are 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. AMENDMENT [Signature page follows] - 1 - 1/2015 Att Feiieral Way CITY HALL 33325 8th Avarua South FWarai Way, WA 98003 -6325 (253) 835 -7000 www cityof cleralwey can IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: J�t11, Mayor DATE: f 3 ADVANCED PRO FIT ► SS )REPAIR, INC: By: Micheal Jelliso , President DATE: /// 0 1 7 r STATE OF WASHINGTON ) ss. COUNTY OF SN•keR: )h ) ATTEST: ie Courtney, CMC, C APPROVED AS TO FORM: City Attorney, Atitvw , 1A % cA On this day personally appeared before me Michael Jellison, to me known to be President of Advanced Pro Fitness Repair, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this ) 0 day of 3 A N) ftt1 7 201 `��..%%w%ttttttl C/ 4c•----- �� L 'i1 Notary's signature N4q��q��i /�/ Notary's printed nameNo`a Public in and for �,the �St to of Washin on. Tom; , Notary - - - aa- as M My commission expires (12A 'NIB OP -z= hilltu tWASNN,,,,, AMENDMENT - 2 - 1/2015 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PARKS 2. ORIGINATING STAFF PERSON: Dow i d - \elmov\s 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) 5. ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE CONTRACT AMENDMENT (AG #): 1 1 - (Cj 2. ❑ OTHER EXT: 6`1 LA 61 3. DATE REQ. BY: ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL PROJECT NAME: ‘ E vk e 5 S Flu;, ,P vvl c v. t. Cc'rv■C.e. 6. NAME OF CONTRACTOR: AA. A.v o. vt t.P At Pro F■ FYn65S P- e 0 , c , 1.N6 ADDRESS: 'A$bg 1:37_✓` Pk N �I•P . gOL1 _Nronvv, 'Ake, WA �I8"L'1I TELEPHONE: E -MAIL: J FAX: SIGNATURE NAME: Mee k..u.e\ jell■so" TITLE: 7. EXHIBITS AND ATTACHMENTS: I!. SCOPE, WORK OR SERVICES X COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / / 8. TERM: COMMENCEMENT DATE: u p o in S � aT v Y C COMPLETION DATE: I2 ( 31 I 1 b 9. TOTAL COMPENSATION: $ 54?), b O O . U a (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE To: (j 1 1 ZOO .- 351 - 516 - 5 i - 10. DOCUMENT / CONTRACT REVIEW INITI / DAT R VIEWED INITIAL / DATE APPROVED PROJECT MANAGER ❑ SUPERVISOR ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) mac. tit COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: \ 1 `3\ 5 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED 4 LAW DEPT SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ❑ ASSIGNED AG # )(SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: DATE SENT: .2 -6-167 COUNCIL APPROVAL DATE: DATE REC'D: Z'S 14o 11/9 CITY OF Way AMENDMENT NO. 3 TO MAINTENANCE AGREEMENT FOR FITNESS EQUIPMENT SERVICE CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 (44444, cayoffederalwav com This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Advanced Pro Fitness Repair, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for fitness equipment service ("Ageement") dated effective July 15, 2011, as amended by Amendment No. 1 and No. 2, 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 December 31, 2016 ("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 13-3, 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 rates for the Amended Term. 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. 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 three 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, are 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. AMENDMENT [Signature page Ibllows] - 1 - 1/2015 CITY OF CITY HALL Federal Way 33325 8th Avenue South Fecteral Way, WA 98003-6325 (253) 835-7000 wwweirvofferieraiwaycom IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ADVANCED PRO FITNES REPAIR, INC. By: Michael Jerson, President DATE: ATTEST: Ci rk, Stephanie Courtn APPROVED AS TO FORM: ..-Ctr( City Attorney, Amy Jo Pearsall STATE OF WASHINGTON ) ) ss. COUNTY OF,31\joi-ic,,; On this day personally appeared before me Michael Jellison, to me known to be the president of Advanced Pro Fitness Repair, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this ZI.N0 day of itrtit%%■■■■■■■•`‘ Notary's signature , 20/ Notary's printed name 1.,/f r L NEIL Notary Public in and for the State of Washington. My commission expires 14 AMENDMENT - 2 - 1/2015 CITY OF Federal Way EXHIBIT B-3 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www otyoffederalway cam 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed Nineteen Thousand and 01/100 Dollars ($19,000.01). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Fifty-Eight Thousand and NO/100 Dollars ($58,000.00). AMENDMENT - 3 - 1/2015 ADVAN -5 OP ID: BR '4 Rte- CERTIFICATE OF LIABILITY INSURANCE DATE 01/12/2016 01/12/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Soundview Insurance Agency Inc 18927 33rd Ave W. Suite C Lynnwood, WA 98036 -4726 Tony Conti CONTACT Bart nberg PHONE FAX - 803 -7 INC. No, Extl:8O0- 803 -7000 INC. No): 425 - 712 -1058 E -MAIL ADDRESS: bart@soundviewinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Travelers Casualty Ins of Am 39357 INSURED Advanced Pro Fitness Repair Inc 9523 83rd Ave NE Marysville, WA 98270 INSURER B : A.M. Best Rating: A ++ XV 680- 0D701542 -15-42 INSURER C : Travelers Indemnity Company 25658 INSURER D : A.M. Best Rating: A++ XV $ 1,000,000 INSURER E : INSURER F : X OCCUR COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP IMM/DDYYYI /Y LIMITS A X COMMERCIAL GENERAL LIABILITY X 680- 0D701542 -15-42 04/27/2015 04/27/2016 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR PREM SES(?Ea occcur ence) $ 300,000 X GEN'L MED EXP (Any one person) $ 5,000 WA STOP GAP PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE POLICY OTHER: X LIMIT APPLIES JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 Emp Ben. $ 1,000,000 A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS Comp $250 X X X SCHEDULED AUTOS NON -OWNED AUTOS Co I $500 BA -0D743698- 15 -SEL 04/27/2015 04/27/2016 (Ea aBINEDj INGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) ( ) $ PROPERTY DAMAGE (Per accident) $ UM /UIM $ 1,000,000 C X UMBRELLA LIAB EXCESS LIAB _ OCCUR CLAIMS -MADE CUP -001D023889 04/27/2015 04/27/2016 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED X RETENTON$ 5,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A CUP- 001D023889 04/27/2015 04/27/2016 PER STATUTE X OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXERCISE EQUIPMENT REPAIR The Certificate holder is included as an Additional Insured per Blanket AI Form GCD105 (04-94) , CERTIFICATE HOLDER CANCELLATION CITYOFF City of Federal Way 876 S. 333rd St Federal Way, WA 98003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADVAN -5 OP ID: BR AC REY �. CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) 12/23/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Soundview Insurance Agency Inc 18927 33rd Ave W. Suite C Lynnwood, WA 98036 -4726 Tony Conti NAME: ACT Bart Brandenberg PHONE FAX INC No. Extl: 800 - 803 -7000 (NC, No): 425 412 4058 E-MAIL DRESS: bart@soundviewinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Travelers Casualty Ins of Am 39357 INSURED Advanced Pro Fitness Repair Inc 9523 83rd Ave NE Marysville, WA 98270 INSURER e : A.M. Best Rating: A++ XV 680- 0D701542 -15 -42 INSURER C : Travelers Indemnity Company 25658 INSURER D : A.M. Best Rating: A++ XV $ 1,000,000 INSURER E : $ 300,000 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INS° SUBR wvn POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X 680- 0D701542 -15 -42 04/27/2015 04/27/2016 EACH OCCURRENCE $ 1,000,000 DAMAGE S RENTED PREMISES M E ( (Ea occurrence) $ 300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 X GEN'L PERSONAL & ADV INJURY $ 1,000,000 WA STOP GAP GENERAL AGGREGATE $ 2,000,000 AGGREGATE POLICY X OTHER: LIMIT APPLIES JECT PER: LOC PRODUCTS - COMP /OP AGG $ 2,000,000 Emp Ben. $ 1,000,000 A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS Comp$250 X X X SCHEDULED AUTOS NON -OWNED AUTOS Co11$500 BA- 0D743698- 15 -SEL 04/27/2015 04/27/2016 COMBINED SINGLE LIMIT (Ea accident) $ 1,000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UM /UIM $ 1,000,000 C X UMBRELLA LIAB EXCESS LIAB _ OCCUR CLAIMS -MADE CUP -O01 D023889 04/27/2015 04/27/2016 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 $ DED X RETENTION$ 5,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A CUP- 001D023889 04/27/2015 04/27/2016 PER STATUTE X ORTH- E. L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXERCISE EQUIPMENT REPAIR The Certificate holder is included as an Additional Insured per Blanket AI Form GCD105(04 -94), CERTIFICATE HOLDER CANCELLATION CITYOFF City of Federal Way 876 S. 333rd St Federal Way, WA 98003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RETURN TO: EXT: `_)_ \Cc. ' CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT. /DIV: Few c_c, 2. ORIGINATING STAFF PERSON: Kk m be_r w\ 51)(1 �0� EXT: 3. DATE REQ. BY. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG • REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE ❑ RESOLUTION ((CONTRACT AMENDMENT (AG #): 1 I -15 oR ❑ INTERLOCAL ❑ OTHER RrnencVme o i- 44- a 5. PROJECTNAME: F�fne!s Servic 6. NAME OF CONTRACTOR: 1'4rlvra n c Prj orb ei-nc -'S Q�c. -' r ADDRESS: TELEPHONE E -MAIL: FAX: SIGNATURE NAME: M ; Ch o L-k Je. � s on TITLE (-Aeot 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: , )on I , Z 01 h 9. TOTAL COMPENSATION $"' 3g 199 9. OO 41 vo ""/'s a "A 1 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, ❑ PURCHASING: PLEASE CHARGE TO: l l I -I a po .3 S (. 5"1 S .5 1 10. DOCUMENT/CONTRACT REVIEW • PROJECT MANAGER • DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCIL APPROVAL (IF APPLICABLE) 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR INITIAL / DATE REVIEWED �Zla IL5 12 !a I ?� �T COMMITTEE APPROVAL DATE: DATE SENT: PAID BY: ❑ CONTRACTOR ❑ CITY INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT SIGNATORY (MAYOR OR DIRECTOR) >(CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: 'k Orl ..,F INITIAL/ DATE SIGNED 2• � AG# DATE SENT: Z ANJ .1 lidpl 11/9 ` CITY OF CITY HALL 33325 ..�, Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffedershvay.. com AMENDMENT NO.2 TO MAINTENANCE AGREEMENT FOR FITNESS EQUIPMENT SERVICE This Amendment ( "Amendment No. 2 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Advanced Pro Fitness Repair, a Washington corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for Fitness Equipment Service ( "Agreement ") dated effective May 19, 2011, and Amendment #1 dated effective January 1, 2013 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, 2016 ( "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 -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 the Amended Term. 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. 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 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 CITY HALL �. 33325 8th Avenue South Fe d e ra I Way Federal Way, WA 98003 -6325 �..� (253) 835 -7000 www cifyoffederahvay. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CI' M- DATE: z �Z0+4 ADVANCED PRO FITN AIR By: Michael Jellison, President DATE: �-� v�201 ) ss. COUNTY OF SNOHOMISH) ATTEST: City Clerk, Carol McNeilly, M On this day personally appeared before me Michael Jellison, to me known to be the President of Advanced Pro Fitness Repair that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. fficial seal this -a-' -- day of-) A& V A�� , 201 'f Notary's signature x Notary's printed name VU0 `' -'k— Notary Public in and for the State of Washington. My commission expires a a a u 1 AMENDMENT -2- 1/2010 ` CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. ciyoffedershvey. com EXHIBIT "B -2" COMPENSATION 1. Total Compensation. In return for the Services, the City shall pay the Contractor an additional amount not to exceed Nineteen Thousand and 00/100 Dollars ($19,000.00). The total amount payable to the Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Thirty Eight Thousand Nine Hundred Ninety Nine and 99/100 Dollars ($38,999.99). AMENDMENT - 3 - 1/2010 Corporations: Registration Detail Corporations Division - Registration Data Search ADVANCED PRO FITNESS REPAIR, INC. Purchase Documents for this Corporation » UBI Number 602784435 Category REG Profit/Nonprofit Profit Active /Inactive Active State Of Incorporation WA WA Filing Date 12/04/2007 Expiration Date 12/31/2014 Inactive Date Duration Perpetual Registered Agent Information Agent Name MICHAEL JELLISON Address 9523 -83RD AVENUE NE City MARYSVILLE State WA ZIP 98270 Special Address Information Address City State Zip Governing Persons Page 1 of 1 Title Name Address President JELLISON , MICHAEL MARYSVILLE , WA Purchase Documents for this Corporation » http: / /www.sos.wa.gov /corps /search _ detail.aspx ?ubi = 602784435 1/29/2014 I I �TU� TO: � ����.� �� ;-�� I CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM i. o��nvaTnv� DEPT.�iv: P 2c s 2. ORIGINATING STAFF PERSON: �1 r'y� S I�-1,� EXT: �0 (°JZ 3. DATE REQ. BY:_ 4. TYPE OF DOCUMENT (CHECK ONE): � CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT � PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURIT'Y DOCUMENT (E.�. sorm xEi.p,�rEV Doc�rrTS> ❑ ORDINANCE 0 RESOLUTION � CONTRACTAMENDMENT (AG#): j i- 1�Z ❑ INTERLOCAL OTI�R 5. PROJECT NAME: �j � e 55 �� U. � P 1� n'F �t/ L C� 6. NAME OF CONTRACTOR: ADDRESS: q�Z� E-MAIL: c�dvGtnc SIGNATURE NAME: ✓ l8�1 I > TELEPHONE 4 2's- �6�- "77 / � FAx: 3�c0'�S"3-611 c� TITLE ��,y� z✓ 7. EXHIBITS AND AT'TACHIvIENTS:�SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE � ALL OTHER REFERENCED EXHIBITS PROOF OF AUTHORITY TO SIGN T�REQUIRED LICENSES � PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: N�-�-I-� � l� 51 � � COMPLETION DATE: 9. TOTAL COMPENSATION $ I-I ,�"1 "1 ,"1 "I (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURL LY BOR CHARGE - TTACH SCHEDULES OF EMPLOYEES TTfLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: o�S C�C[vo �' �s,lvtaxnviuivt DoLL.�t atvlouN'[': $ IS SALES TAX OWED ❑ YES �NO IF YES, $ PAID BY: � CONTRACTOR ❑ CTI'Y L�+ PURCHASING: PLEASE CHARGE TO: �� �' 1�U -� S(` S� S�`S 1- y�i D a►^d 3��j 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED-` I1�IITIAL / DATE APPROVED PROJECTMANA ER � �-1 � In��" IS (3 � DIRECTOR �,�-����j � (7 LAW 1�, �,�) � �I' ZZ • I3 �Cl ��7� � ( � i�a��� . 11. COUNCIL APPROVAL (tF �Pt,�C�LE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ,�r�7 t f 3 DATE REC'D: � S�/ '� I � 2 � SENT TO VENDOR/CONTRACTOR DATE SENT: ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS �7 INITIAL / DATE SIGNED � LAW DEPAR T ���p� ��p,�0�3 SIGNATORY 1�YO e���9x�j ��J � CITY CLERK 2U i� 5• 2• 1 ASSIGNED AG# AG# � �- ��2 SIGNED COPY RETURNED DATE SENT: �'j• 2Z • I 3 COMMENTS: OY1 �x�Y�.ct.� C �I � `�h.i5 u�i 11 C,�� i-f— C(Vlo� C�'�t,� Ql�$, �.i�✓lS� t�� �� , b��-I- w�.Ui n�- a�.� d G�Yti a.�d �fibn.a� (�mpu�so�� c� �=���n f►rm� ���— �- �-�rn a��� �k �,oi�j �P,oc,� c�,s+,�.��C�,cen�; si hc,� � oN vtow �w w�to �s s�gw�r� ,!���t sz►�o'�i� � a ne� ,� ,.,,�t �,,,� U ,,.,�,r.. �� -{�.,�a ,.,,�„���-� � � �� � CITY qF � Federal CITY HALL ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederelway.com AMENDMENT NO. 1 TO MAINTENANCE AGREEMENT FOR FITNESS EQUIPMENT SERVICE This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Advanced Pro Fitness Repair, a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for Fitness Equipment Service ("Agreement") dated effective May 19, 201 l, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 ofthe Agreement and anyprior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than January 1, 2014 ("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 ha.ving 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 ofperjury 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 � GTY OF .'�.�., Federal CITY HALL ��� 33325 8th Avenue South Federat Way, WA 98003-6325 (253) 835-7000 www. cityoffede�elway.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: Skip Pries , Mayor ' DATE: Jr�s22��-D I � ADVANCED PRO FITNESS REPAIR By: � Michael Jellison, President DATE: �/��%'ZU 1,,,3 STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH) ATTEST: City Clerk, Carol McNeilly CMC APPROVED AS TO FORM: � City Attorn , atricia A Richardson On this day personally appeared before me Michael Jellison, to me known to be the President of Advanced Pro Fitness Repair that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this � 10 day of �� 1/� , 20 I�i. \���� ��, � � � � �,,,��� .`��\��G� L E • GAF/��'�. � P • �S�'� N `,�,'� � • �2 �: �� • ; �' • t , =�, v .r. '. �N :� ���'� : Z_ ._ ' ;,,� L� O ° � , F' J =L; V � ; � � � . � � �• . C? � �i�� �•rrUBER�.•� � � ,/�'��� O F W Pr?�� ��`• AMENIS'1'�'1��' Notary's signature � V 1 Notary's printed name 1 0 �Q �QQ.►'t Notary Public in and for the State of Washington. My commission expires ��-`I ' �� -2- 1/2010 , ' ��•, ADVAN-5 OP ID: BR ACORUQ DATE (MM/DDMlYY) �`„� CERTIFICATE OF LIABILITY INSURANCE 04178/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate dces not confer rights to the certi£cate holder in lieu of such endorsement(s). PRODUCER Soundview Insurance Agency Inc 18927 33rd Ave W. Suite C Lvnnwood. WA 98036-4726 INSURED Advanced Pro Fitness Repair Inc ID 474774 9523 83rd Ave NE Marysvflle, WA 98270 425-712-1 A : Trovelero Indemnity Company NAIC N COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POIICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 7ypE OF INSURANCE POLICY NUMBER MM�D EFF MMIDD �P LIMITS LTR GENERAL LIA8ILITY EACH OCCURRENCE $ ��OOO�OO A X COMMERCIAL GENERAL LIABILIN X �0-OOOD701542 04/27/13 OMY%H4 � pREMISE�SaE oa rrence S .300�00 CLAIMS�MADE � OCCUR MED EXP (Any one person) $ S,OO PERSONAL & ADV INJURY $ ��OOO�OO X WA STOP GAP GENERAL AGGREGATE $ Z�OOO�OO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2�000�00 X POLICY PR�- LOC Emp Ben. � s 1,000,00 AUTOMOBILE LIABILITY C MBINED SIN LE LI t 'I�OOO�OO Ea actident $ i� X ANY AUTO BA-OD743698 OM27/73 04J27114 BODILY INJURY (Per person) $ . ALL OWNED SCHEDULED BODILY INJURY (Per acddent) $ X AUTOS AUTOS X HIREDAUTOS X NON-0WNED pe�accitlenDAMAGE $ AUTOS UM/UIM s 1,000,00 X UMBRELLA LIAB OCCUR EACH OCCURRENCE 3 i3OOO.00 A EXCESS LIAB CLAIMS-MADE CUP-0O7D023889 04/27/73 OMY%H4 AGGREGATE $ DED X RETENTION$ S�OOO $ WORKERS COMPENSATION - WC STATU- X OTH- AND EMPIOYER3' LIABILITY T 1 T A ANYPROPRIETOR/PARTNERIEXECUTIVEY�N 680-OOOD701542 OMY%IiS O4IY%Ii$ E.L.EACHACCIDENT $ ��OOO�OO OFFICERIMEMBER EXCLUDED? � N� A yypgHINGTON STOP GAP (MandaWry in NH) E.L. DISEASE - EA EMPLOYE $ �,��0,�� If yes, describe untler DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ ��OOO,OO DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 701, Atltlitional Remarka Schedule, M more apace Is required) EXERCISE EQUIPMENT REPAIR The Certificate holder is included as an Additional Insured per Blanket AI Form GCD105(0494), City of Federal Way 876 S. 333rd St Federal Way, WA 98003 ACORD 25 (2010/05) CITYOFF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WIIL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. � AUTHORIZED REPRESENTATNE � O 1988-2070 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD � f� � OP ID: DS ACORC�� DATE (MM/DD/YYYY) �,,- CERTIFICATE OF LIABILITY INSURANCE 05/02/12 T,HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(sl. PRODUCER Soundview Insurance Agency Inc 18927 33rd Ave W. Suite C Lynnwood, WA 98036-4726 Larry Janowicz INSURED Advanced Pro Fitness Repair, Inc 9523 83rd Ave NE Marysville, WA 98270 800-803-7000 425-712-1058 ADVAN-5 INSURER(S) AFFORDING A : Scottsdale Insuranee Company B: United Financial Casually Co. INSURER E : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TypE OF INSURANCE DL UB POLICY EFF POLICY EXP LIMITS L7R POLICY NUMBER MM/DDIVYYY MM/DDIYYYY GENERAL LIABILITY EACH OCCURRENCE $ ��OOO�OO A X COMMERCIAL GENERAL LIABILITY X CPS1316447 05/08/71 05/08/12 pREMISES Ea occurrence S ���, CLAIMS-MADE � OCCUR MED EXP (My one person) $ 5,� CPS1552389 05/08/12 05/08/13 pERSONAL & ADV INJURY $ � r��0��0 GENERALAGGREGATE $ Z�OOO�OO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ Z�OOO� X POLICY PR� LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ��QQO,OO B nnN nuTO 06399202-4 04/27/12 04/27/13 �Ea accideM) BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per acddent) $ X SCHEDULED AUTOS PROPERTY DAMAGE X HIREDAUTOS (Peraccident) $ X NON-0WNEDAUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESSLUB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE S RETENTION $ $ WORKERSCOMPENSATION WCSTATU- OTH- AND EMPLOYERS' LIABILITY Y� N T RY R ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED7 � N � A (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ IfYes describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ � DESCRIPTION OF OPERATIONB / LOCATIONS / VEHICLES (AtTach ACORD 101, Additlonal Remarks Schedule, if more space is requlretl) EXERCISE EQUIPMENT REPAIR The Certifica� holder is included as an Additional Insured per Blanket AI Form GLS-150s. CITYOFF City of Federal Way 876 S. 333rd St Federal Way, WA 98003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATNE � �� O 198&2009 ACORD CORPORATION. All righta reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD � � � I � � CITY QF � �... Federal Vilay ��� BUSINESS REGISTRATION License Number 20-11-102654-00-BL . Non-Resident Business g= ADVANCED PRO FITNESS REPAIR INC 9523 83RD AVE NE MARYS�ILLE, WA 98270 F.�Cpires:l2/31/2013 � u : �: �90U - I�t.etail Miscellaaeous Cond_itions; This license is non-transferable. Please notify the City Clerk's office of any change in your business such as a new location or business name. ```��o� FEDERq�.,��� ,.. , . � � = �..'';'��poAarc • 9 _ =v: &E .�_ % ' � % �w�=. r� ` o� : ����'''qS�NG ;,``� I"his certities Utat the abovc cniily has becn issued thc regisaotion ar license listed. City of Fedoral Way - Licensing �EDERAL WAY WA 98Q03, , MICHAEL JELLISON 9523 83RD AVE NE MARYSVII.LE WA 98270 �.....wc[�"[ y: • �G _ Cny CICd4 City ;Federol Way.� LL CSDC eNtraprise - City of Federal Way's Online Services ercw a6 Federal Vl/ay WASHIhIGTQI!�1.;, u � r,�..� � ,.., .r.,.,.�r Page 1 of 1 � ; .� Online Permitting PERMIT/BUSINE55 DETAILS e-Permits HOME Reference File Work Application Issue Expiration ID Name Description Sub Type TY� Name Status Da[e Date Da[e ■ Termi & CondltlOns it 10265400000 Business Non-Resident ADVANCED PRO FITNESS ��� 7, BL Registration Business Other REPAIR INC Open Jul 6, 2011 2011 Dec 31, 2013 PUBLIC PROPERTY DETAILS INFORMATION Number Pre. Street Street p�� Suite Suite City State Zip lega� Desc Type Type Number a Locate a Business 9523 83RD AVE NE MARYSVILLE WA 98270 ■ Permits Information pEOPLE DETAILS a ISSUEd Pefmits Deu. Org. Name Address City SWte ZIP Pho^e� Applicant 9523 83RD AVE NE MARYSVILLE WA 98270 (425)508-7716 Business Owner 9523 83RD AVE NE MARYSVILLE WA 98270 (425)508-7718 ■ Contractor Search �tUng Address 9523 83RD AVE NE MARVSVILLE WA 96270 (425�506•7718 REGISTERED BUSINE55 INFO U$ER$ Info. Deu. �a�� Business Ownership Type Corporation ■ ApplV fo� Pe�mit S.I.C. Cade 5900 - Retail Miuellaneous � Number o( Fu(l-Time Emptoyees in City 4 ■ VieW MV Pefmit5 Business PMne Number 4255087718 Num6er of PartTime Employees in City 1 • Reauest Inspection Date Business Opened Jul 5, 2011 ■ New Reaistration PERMIT/LICENSE FEE(5) fee Desc. Fee Amount Balance • Updet@ R2qlst�ation ���.g�SINESS LiC. (1530) $75.00 5�.� LIC-BUSINESS LIC.(1530) 550.00 $O.OU � LOqln LIC-BUS. LICENSE RENEWAL (1532) S�•� �•� LIC-BUS. LICENSE RENEWAL (1532) S�•� �•� PROCESSES AND NOTES Status Schedule Date Start Date End Date Assigned SWff #°� At[empts Closed Jut 6, 2011 1ul 6, 2011 Jul b, 201 f Cathleen Rossick (253•835-2527) 0 Closed Jul 6, 2011 Jul 6, 2011 Jul 6, 2011 Cathleen Rosskk (253•835-2527) 0 Closed Jul 6, 2011 hl 6, 2011 Jul 6, 2011 Cathleen Rosskk (253•635•2527) 0 Closed Sep 21, 2011 Nov 75, 2011 Nov 15, 2011 Stephanie Courtney (253-835• � 2543) Closed Jul 6, 2011 Jul 7, 2011 lul 7, 2011 Cathleen Rossick (253•835-247) 0 Closed Sep 21, 2011 Nov 15, 2017 Nov 15, 2011 Stephanie Caurtney (253•835- � 2543) Powered by CSDC's AMANDA Process DMCriptlon Applicatfon Received - Bl Apptica[ion Routlng Planning Review Rerewal Notice Pre-Issuance Processing • Bl Renewal Procexsing Completed http://epermits.cityoffederalway.com/AMANDAS/eNtraprise/FederalWay/public/public_f... 4/ 19/2013 Corporations: Registration Detail Corporations and Charities Division Page 1 of 2 Contact Us I Connect: �;rv".T: �' SEARCH Corporations Home ! Nonprofit Home ', Charities Home Awards Public Notices Contact Info _ ._ . _ _ _ __ _ _ _. ____ Corporation Detail Neither the State of Washington nor any agency, officer, or empioyee of the State of Washington warrants the accuracy, reliability, or timeliness of any information in the Public Access System and shall not be liable for any losses caused by such reliance on the accuracy, reliability, or timeliness of such information. While every effort is made to ensure the accuracy of this information, portions may be incorrect or not current. Any person or entity who relies on information obtained from the System dces so at his or her own risk. All documents filed with the Corporations Division are considered public record. ADVANCED PRO FITNESS REPAIR, INC. UBI Number 602�84435 Category REG Profit/Nonpmfit Profit Active/Inactive Active State Of Incorporation WA WA Filing Date i2/o4/200� Expiration Date i2/3i/zoi3 Inacrive Date Duration Perpetual Registered Agent Information Agent Name MICHAEL JELLISON Address 9523-83� AVENUE NE City MARYSVILLE State WA ZIP 982�0 Special Address Information Address City State Zip Governing Persons Title Name Address President JELLISON , MICHAEL �RYSVILLE , WA Purchase Documents for this Corporation » « Return to Search List http://www. sos.wa.gov/corps/search_detail.aspx?ubi=60278443 5 Translate our site into: 4/19/2013 RETURN TO: S�e l��r>r ExT: �c�3Z_ CITY OF FEDERAL� WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: 2. ORIGINATING STAFF PERSON: � Wl �� L�t;l�l EXT: �� �L 3. DATE REQ. BY: J� 3) 1 TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT [� MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. sorrD �LarED Docun�ENrs� � ORDINANCE ❑ CONTRACTAMENDMENT(AG#): ❑ OTHER ❑ RESOLUTION ❑ INTERLOCAL PROJECTNAME: F[�}Y1�55 G�U p,tit�'f S�'�''�! Ce. 6. NAME OF CONTRACTOR: ADDRESS: �ISZ-� ' E-MAIL: a•c4.v_ c�� SIGNATURE NAME: S K � ��f v TELEPHONE � LS-5 U t� � 17 I� FAX: 3(oU - la S 3 O 11 U TITLE �a�,-w.,.� 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: J' ( �� (�( COMPLETION DATE: ,'� l r� 9. TOTAL COMPENSATION $ `� I �� ' � C � � (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTAC SCHEDULES (7�' EMPLOYEES TITLES AI�ID HOLIDAY RATES) REIMBURSABLE EXPENSE: � YES �7 NO IF YES� MAXIMUM DOLLAR AMOUN7: $ IS SALES TAX OWED ❑ YES �'NO IF YES, $ PAID BY: ❑ CONTRACTOR � CITY I�I PURCHASING: PLEASE CHARGE TO: I� I"�I�-fJG� -�� �'' `S ��" S I� �� tY�-% Cti'� 3 �� 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED � PROJECT MANAGER I�✓� ' S" ��) I�; DIRECTOR ��1�Z �/�'�✓r/ ❑ RISK MANAGEMENT (�F APP�,1CABt,E) . ����i��LAW ' "��'..�� �+�� c� � "(`>� :� ."�:.. ,�,; .� 9�� � l" � ���<'c ���c� .,,.. 11. COUNCIL APPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CpNTRACT SIGNATURE ROUTING .. SENT TO VENDOR/CONTRACTOR DATE SENT: �'" �%���� ' c� I;('r" ,' DATE REC'D: �� I ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, XHIBITS ���1�LAW DEPARTMENT .L� SIGNATORY (� DIRECTOR) '� ' CITY CLERK SSIGNED AG# SIGNED COPY RETURNED �r►a� INITIAL / DATE SIGNED . �I,-�f-I( � �-�•�__�� - � J '' I �m ��►s•�� AG# � � — ��?�, DATE SENT: 1• �$ • � � � ` CITY OF �, Federal CITY HALL ��� 33325 8th Avenue South Federai Way, WA 98003-6325 (253) 835-7000 avw�v crryoffederalway cam MAINTENANCE AGREEMENT FOR FITNESS EQUIPMENT SERVICE This Maintenance Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Advanced Pro Fitness Repair, a Washington corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: ADVANCED PRO FITNESS REPAIR: CITY OF FEDERAL WAY: Advanced Pro Fitness Repair Kimberly Shelton 9523 83` Ave. N.E. 33325 8'" Ave. S. Marysville, WA 98270 Federal Way, WA 98003-6325 425-508-7718 (telephone) (253) 835-6932 (telephone) . 360-653-0110 (facsimile) (253) 835-6939 (facsimile) advancedprofitness hotmail.com Kimberly.shelton cit offederalway.com The Parties agree as follows: 1. TERM. The term ofthis Agreement shall commence upon the effective date ofthis Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Wark, but in any event no later than January 1, 2013 ("Term"). This Agreement may be extended far additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.l Wark. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Work"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractar warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (l) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 23 Time, Documentation, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval ofthe City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the MAINTENANCE AGREEMENT - 1 - 4/2011 � CITY OF �,�...;, Federal Way GITY HALL 33325 8th Avenue South Federal Way, WA 980�3-6325 (253) 835-7000 avww crry�ffeder�lway com Work in accordance with this Contract, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion ofthe Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractar fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B", attached hereto and incorporated by this reference. The Contractor agrees that any hourly ar flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B", 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. 4.2 Method of Pa�ment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher ar invoice. If the Work do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unautharized Wark. If any goods, materials, ar services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part ofthis Agreement, the City may obtain the goods, materials ar services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. 4.4 Non-A�propriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Wark or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty ar expense shall accrue to the City in the event this provision applies. 4.5 Final Pavment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractar as unsettled at the time request for final payment is made. MAINTENANCE AGREEMENT - 2 - 4/2011 CITY OF � Federal 5. INDEMNIFICATION. GITY NALL ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 tvww dryotfederalway com 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractar pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to ar by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses 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 Ageement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 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 tertnination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from ar in connection with the performance of the services or work by the Contractar, their agents, representatives, employees or subcontractars for the duration of the Agreement and thereafter with respect to any event occurring priar to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor 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 City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $1,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; c. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident far bodily injury, including personal injury ar death, and property damage. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractar's insurance and shall not contribute with it. MAINTENANCE AGREEMENT - 3 - 4/2011 � CITY OF '�,,,�...., Federal CITY HA�L ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 �vww clry��federalw��y com 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor 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 City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. '7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance ofthis Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure reyuest. 8. 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 Contractor while performing the Work shall belong to the City upon delivery. The Contractar shall delivery all needed or contracted for work project upon demand. All records submitted by the City to the Contractar will be safeguarded by the Contractor. Contractor shall make such data, documents, and files available to the City upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, recards, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS 10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nar obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other ta�c which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased far 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. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractar agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safe . Contractor shall talce all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by MAINTENANCE AGREEMENT - 4 - 4/2011 CITY OF � Federal CITY HALL W �� 33325 8th Avenue South Federal Way, WA 98003-6325 (253} 835-7000 s•vww. crryoffederahv�y conl the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of ar damage to materials, tools, or other articles used or held for use in connection with the work. 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. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 10.4 Prevailing Wa e�s. 10.4.1 Wa�es of Emplo,yees. This Agreement is subject to the minimum wage requirements of Chapter 39.12 ofthe Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workers and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which current "prevailing rates of wage" are attached hereto as Exhibit "D" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates that are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 10.4.2 A�reements Exceedin� One Year. Pursuant to WAC 296-127-023, or hereafter amended, the City agrees to pay any increase in the current prevailing wages if and when this Contract is extended provided that the term of the Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its employees the increased prevailing wage. 10.4.3 Exemptions to Prevailin� Wa�. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: Sole owners and their spouses; any partner who owns at least 30% of a partnership; the President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 10.4.4 Reportin�quirements. Contractor shall comply with all reporting requirements ofthe Deparhnent of Labor and Industries ofthe State of Washington. Upon the execution ofthis Agreement, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labar and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 10.4.5 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with ar interfere with Contractor's ability to perform the Services. Contractar agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, ar evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, progams, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of MAINTENANCE AGREEMENT - 5 - 4/2011 � CITY OF �, Federal CITY HALL W �� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 4vw�v crryoffe. derahv�y com any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, 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 pay ar other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI ofthe Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 ofthe Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Inter�retation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms ofthis Agreement shall prevail. The respective captions ofthe Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify ar otherwise affect any of the provisions ofthis Agreement. Any provision ofthis Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as ha�ing been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assi�nment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent ofthe other Party. Ifthe non- assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations ofthe Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractar shall comply with and perform the Services in accordance with all applicable federal, state, local, and ciTy laws including, without limitation, all City codes, ardinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result ofthe formation or performance ofthis Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enfarcement. 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 Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. 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 above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one ar more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure ar delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure ofthe City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference ar claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, MAINTENANCE AGREEMENT - 6 - 4/2011 � GITY OF �, Federal CITY HALL W �� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 �vww ciryoffederahvay corn unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction ofthe state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Ageement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties ha�e executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] MAINTENANCE AGREEMENT - 7 - 4/2011 GITY OF �, Federal CITY HALL ��� 33325 8th Avenue South Federal 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 B 1'�'1 Cary M. Roe, D' ector of Parks, Public Works and Emergency Management DATE: �'�� ATTEST: City Clerk, Carol cNeilly, MC APPROVED AS TO FORM: <-- _ .� �� � C�ity Attorney, Patricia A Richardson ADVANCED PRQ FITN R��AIR By: ' - � '`-t--. Printed Name: ��1�� �-�'�"c_ � �� �`�ri J ���: _ Title: ��C�tr� /'�-�--���:i �-- DATE: `��// STATE OF WASHINGTON ) ) ss. COUNTY OF � ``""�'v �``�' '� ) On this day personally appeared before me Michael Jellison, to me known to be the Owner of Advanced Pro Fitness Repair, Inc., that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this � day of ��` �` �� � �r� �- _.- 201 �. , Notary's signature � �' `-- ���'� Notary's printed name IC � ��^'' �- H•� S�`a — N '��,, �v��°� � ,,, � �a i� a�� +a►�.. �' 4iilP+�- Notary Public in and for the State of Washington. My commission expires 5 ���`� � G� y MAINTENANCE AGREEMENT - 8 - 4/2011 CITY OF �„�...., Federal CITY HALL W �� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 avww dryaffederal way com EXHIBIT "A" SERVICES The Contractor shall do or provide the following: • Provide parts, labor and service to the fitness equipment at the Federal Way Community Center. • Respond within 24 hours to service requests sent via email • Be onsite to diagnose problems within 3 business days • Provide quotes/estimates before rendering service • Provide invoice via email once service is completed MAINTENANCE AGREEMENT - 9 - 4/2011 ` CITY OF �., Federal CITY HALL W �� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crryoffeder�iway com EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor a total amount not to exceed nineteen thousand nine hundred and ninety-nine and 99/100 Dollars ($19,999.99). Contractor's hourly service rate shall not exceed $75.00 per hour. MAINTENANCE AGREEMENT - 10 - 4/2011 OP ID: DS DATE�MMIDDIYYYY� '`���„_,,,,'�',°��'° CERTIFICATE OF LIABILITY INSURANCE 05I20/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER HOO-HO3-7000 NAMEA Soundview Insurance Agency Inc 425-712-1058 a"c exn: __ —_ F � � _. _— AIC No : PO Box 6249 E-MAI� ADDRESS: _ --- __— Lynnwood, WA 98036 PRODUCER ADVAN-5 Rich Kerns CUSTOMER ID #_ _ _ INSIIRERl51 AFFORDING COVERAGE �NAIC # INSURED Advanced Pro Fitness Repair, Inc 9523 83rd Ave NE Marysville, WA 98270 n : Scottsdale Insurance Compar B Financial Casualty Co. INSURER D : INSURER E : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLU AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. fLTR ADDL B POLICY EFF POLICY EXP �. ���LIMI7S �.: � TYPE OF INSURANCE POLICY NUMBER MMIDDlYYYY MM/DDlYYYY GENERAL LIABILITY � � EACH OCCURRENCE' �' '� $ �,OOO,OOO A X COMMERCIALGENERALLIABILITY X CPS1316447 05/08/11 05/08H2 �E . 100 PREMISES Ea occuRence _ $ _ CLAIMS-MADE � OCCUR MED EXP (Any one person)� ��. �$� _ 5 ,��� �- � P ERSON AL & ADV I NJURY $ �,OOO,OOO � GENERALAGGREGATE $ Z,OOO,OOO GEN'L AGGREGATE LIMIT APPLIES PER: �� _— i PRODUCTS-COMP/OPAGG �$� � Z,OOO,OOO � X POLICY P E� LOC � ��$ � AUTOMOBILELIABILITY �� COMBINED.SINGLELIMIT �- �$ $OO,OOO i (Ea accident) B � _� ANY AUTO i I ��63992�2-3 04/27/11 04/27/12 BODILY INJURY (Per person) $ ,_ r � ALLOWNEDAUTOS BODILYINJURY(Peraccident) $ � X SCHEDULEDAUTOS � i PROPERTY DAMAGE $ � HIREDAUTOS � (Peraccident) . _ ' NON-OWNED AUTOS $ I $ UMBRELLALIAB OCCUR EACH OCCURRENCE� � �' $ EXCESS UAB CLAIMS-MADE AGGREGATE � � -- � � � � $ � DEDUCTIBLE �--- $ RETENTION $ � � $ WORKERS COMPENSATION WC STATU- OTH- TORY LIMITS ER AND EMPLOYERS' LIABILITY Y I N � � ANY PROPRIETOR/PARTNER/EXECUTIVE E.l. EACH ACCIDENT $ OFFICER/MEMBEREXCWDED? � N(A (Mandatory in NH) � E.L. DISEASE - EA EMPLOYE $ . If yes, descnbe under i � DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ i DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Addkional Remarks Schedule, if more space is requfred) EXERCISE EQUIPMENT REPAIR The Certificate holder is included as an Additional Insured per Blanket AI Form GLS-150s. CERTIFICATE HOLDER CANCELLATION City of Federal Way 876 S. 333rd St Federal Way, WA 98003 ACORD 25 (2009/09) CITYOFF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILI BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORI2ED REPRESENTATIVE C."" t~� O 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD