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AG 13-104RETURN TO: z EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PARKS 2. ORIGINATING STAFF PERSON: b Gw 1 d C I 6\m6 v1S 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE Pl. CONTRACT AMENDMENT (AG #): j 3 -10 i{ ❑ OTHER EXT: 6141 3. DATE REQ. BY: ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: Pe r St tx.k I cv n�� � e r v� c: e 6. NAME OF CONTRACTOR: v D. 12,6.56 r ADDRESS: 12 -:i26 I s 0" 5h E. EacjGu..+or,t1, W E -MAIL: SIGNATURE NAME: Fvc\ Rc∎wr' c1 Fi 4 12 TELEPHONE: FAX: TITLE: 7. EXHIBITS AND ATTACHMENTS: 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/ 8. TERM: COMMENCEMENT DATE: 9. TOTAL COMPENSATION: $ UPOA 5icincl•jye UBI # , EXP. / / COMPLETION DATE: 121 31 / l b LI i 600 DD (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: 10. DOCUMENT / CONTRACT REVIEW tKROJECT MANAGER ❑ SUPERVISOR ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW DEPT 1(1--12-00 - 351 - 515 - 51-110 ,NIINITIAL / DA E R VIEWED C `" (Sis - . 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE LAW DEPT SIGNATORY (MAYOR OR DIRECTOR) ITY CLERK�� ❑ ASSIGNED AG # IGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: DATE SENT: (L (3 (( 3 CERTIFICATE, LICENSES, EXHIBITS INITIAL/ DATE SIGNED INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: Ib 11/9 CITY oc Federal Way AMENDMENT NO. 2 TO RECREATION AGREEMENT FOR PERSONAL TRAINING SERVICES CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederatway.com This Amendment ( "Amendment No. 2 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Eva Rasor, 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 May 6, 2013, as amended by Amendment No. 1, 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 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 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 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 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. c/ryoffederalway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY EVA RASOR By: Eva Rasor, Personal Trainer DATE: / -/7 dr, ATTEST: y lerk, Stephanie Cou , CMC APPROVED AS TO FORM: City Attorney, Amy Jo Pearsall STATE OF WASHINGTON ) ) ss. COUNTY OF Y c o ) On this day personally appeared before me, Eva. e . , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he /she /they executed the foregoing instrument as his/her /their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this \ day of Notary's Notary's NAOMI MONTESDEOCA NOTARY PUBLIC STATE OF WASHINGTON COV 11,10N EXPIRES JUL Y ¶,2019 AMENDMENT signature printed name t Notary Public in and for the State of Washington. My commission expires 01( off ( 19 VG.v�Ucl� >.K" , 2040 ihl -2 1/2015 Federal Way EXHIBIT B -2 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederalway.com 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed Twenty -Four Thousand and NO /100 Dollars ($24,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Fourty- Four Thousand and NO /100 Dollars ($44,000.00). 2. Method of Compensation: The City will retain 100% of the fees paid and not refunded by the client and will pay the Contractor based on the following Services: One on one training (50 minute session) - $30.00 /client Small group training (50 minute session) - $12.00 /client Small group training (30 minute session) - $8.00 /client Team training (50 minute session) - $8.00 /client Team training (30 minute session) - $6.00 /client Fitness Fundamentals - $22.00/hour For all other specialty programs and special circumstance clients, Contractor will be paid 60% of fees paid and not refunded by client. AMENDMENT 3 - 1/2015 ACO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/09/2015 PRODUCER Maguire Insurance Agency, Inc. 27101 Puerta Real Suite 200 Mission Viejo, CA 92691- 877.438.7459 THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. INSURERS AFFORDING COVERAGE NAIC N INSURED Eva Rasor 14615 Kroll Park Ct E Bonney Lake, WA 98391 -9640 INSURER A: Philadelphia Indemnity Insurance Company 18058 INSURER B: INSURER 0 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERIFICATION MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE DATE (MM /DD/YYYY) POLICY EXPIRATION DATE (MM /DO/YYYY) UMITS A X GENERAL X 11ABILITY COMMERCIAL GENERAL LIABILITY PHPK661901-005 12/07/2015 12/07/2016 EACH OCCURENCE $2,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $100,000 CLAIMS MADE I X I OCCUR MED EXP (Arty one person) $2,500 X GEN'L %-1 PROFESSIONAL LIABILITY AGGREGATE UMIT APPLIES PER: POLICY I] PROJECT [I LOC PERSONAL & ADV INJURY 52,000,000 GENERAL AGGREGATE 54,000,000 PRODUCTS– COMP /OP AGG $4,000,000 AUTOMOBILE — LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (EA accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE UABILITY ANY AUTO AUTO ONLY – EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGG EXCESS / UMBRELLA UABILTTY OCCUR 1 1 CLAIMS MADE DEDUCTIBLE RETENTION EACH OCCURENCE AGGREGATE WORKERS CO' PENSATION AND EMPLOYERS' LABILITY Y/N ANY PROPR ETOR /PARTNERJEXECUTIVE I I OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below TORY LIMITS j 1 ER"- E.L. EACH ACCIDENT E.L DISEASE – EA AMPLOYEE E.L DISEASE – POUCY UMIT OTHER DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS It Is understood and agreed that the following entity is added as an additional insured but only with respect(s) to the operations of the named insured except that liability resulting from the additional insured's sole negligence. CERTIFICATE HOLDER CANCELLATION City of Federal Way 33325 8th Ave 5 Federal Way, WA 98003 - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, RS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/01) © 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RETURN TO: Mary EXT: �qo CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PRCS / j L , 6q32- 2. ORIGINATING STAFF PERSON: :1 m b-C 1� (t A sh (A UY , l EXT: 3. DATE REQ. BY: 1 Z- l 15' ILf 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG • REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • O INANCE ❑ RESOLUTION MO'CONTRACT (AG #): 13 - (ON ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: ?'e r svy -ta4 Se fy L CZ,S 6. NAME OF C t, K.4 So 1r ADDRESS: Z • e' Cl p TELEPHONE: E -MAIL: \% CLe- rcLSOU& C O 0. n c FAX: SIGNATURE NAME: O VOL e, S u Y- TITLE: O W new- 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 # 20-01 -10 Wf'00 BL, EXP. 12/31/_ C UBI # , EXP. S. TERM: COMMENCEMENT DATE:_}-- -'� /(� !I 3 COMPLETION DATE: �P 2 TOTAL COMPENSATION: $ ?- DD D (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES *11VO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES 4,X6 IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY PURCHASING: PLEASE CHARGE TO: < < < 1a-OU ^ 2-> - �� S - ( " 4 t L) 10. DOCU7NT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED C!f PL�OJECT MANA ER 1 l 1 "UPERVISOI/ .. Gtr 11. 1p l B�IRECTOR i • RISK MANAGEMENT (IF APPLICABLE) • LAW DEPT S`t71 1� - i Li 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: 12. CONTWT SIGNATURE ROUTING irJENTTO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS LAW DEPT IGNATORY (MAYOR OR DIRECTOR) : ITY CLERK SSIGNED AG # H /A SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS COUNCIL APPROVAL DATE: DATE REC'D: I NZ 7`111-1 -Q1L 04AL5 m rll4fvA.o IvA A"QlAkt CA'm-c -fw tw 41 C,04 6� 11/9 CITY OF CITY HALL A 33325 1% Federal Way Feder Avenue South Federal l Way, WA 98003 -6325 (253) 835 -7000 www atyoffederatway. com AMENDMENT NO. 1 TO RECREATION AGREEMENT FOR PERSONAL TRAINING SERVICES This Amendment ( "Amendment No. I") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Eva Rasor, 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 May 6, 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 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 the one year 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 Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www crryoffederalway.. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: Jim F I, Mayor ' DATE: EVA RASOR By: ye"� Eva Rasor, Sole Proprietor DATE: STATE OF WASHINGTON ) ATTEST: OYer(kV, Stephanie Court ey CMC APPROVED AS TO FORM: I-o, ( City Attorney, Amy Jo Pearsall ��� // ) COUNTY OF YC t ) ss. On this day personally appeared before me, RAS 6 i , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he /she /they executed the foregoing instrument as his/her /their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of U,c . , 20/y BRIAN F. BULLARD NOTARY PUBLIC STATE OF 1NASHINGTON COMMISSION EXPIRES JANUARY 29. 2017 (typed /printed name of notary) Notary Public in and for the State of Washington. My commission expires I .; f , O% AMENDMENT - 2 - 1/2010 Federal Way EXHIBIT B -1 COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederahvay. com In consideration of the Contractor performing the Services, the City will retain 100% of the fees paid by the client and will pay the Contractor an amount not to exceed Twenty Thousand and 00 /100 Dollars ($20,000) based on the following: One -on -One Training (50 minute session): $30 per client Small Group Training (50 minute session): $12 per client Small'Group Training (30 minute session): $8 per client Team Training (50 minute session): $8 per client Team Training (30 minute session): $6 per client Fitness Fundaments Class: $22 per hour For other Special Programs and Special Circumstance Clients, contractor will be paid 60% of fees paid by the client. AMENDMENT -3 - 1/2010 a� o CERTIFICATE OF LIABILITY INSURANCE 11/08/2014 Maguire Insurance Agency, Inc. 27101 Puerta Real Suite 2DD Mission Viejo, CA 92691 - SnA38.74S9 Eva Rasor 14615 KtwN Park Ct E Bonney lake, WA 98391-9640 COVERAGES THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUGES BELOW. INSURER E: 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 CERIFICATION MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICYEKPIRATION LTR INSRD TYPEOFINSURANCE POLICY NUMBER DATE MM/DD DATE MM/W/YYYY) UMt15 A % GENERALUABIUTY PHPK661WI-004 12/07/7014 12/07/2015 EACH OCCURENCE $2,000,000 PREMISES oaurrence $100,000 -% COM M ERCIAI. GENERAL LIA&LIfY CLAIMS MADE 5% OCCUR MED EXP (Any one Person) $2,SW X PROFESSIONAL LIABIUTY PERSONAL & ADV INJURY $2,000,000 GENERAL AGGREGATE $4,0001000 PRODUCTS — COMP/OPAGG $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 7X POLICY PROJECT LOC AUTOMOBILE LIABILITY . COMBINED SINGLE LIMIT ANYAUTO (EAaaident) ALL OWNED AUTOS - BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per atcide M) GARAGE UABIUTY AUTO ONLY —EA ACCIDENT ANYAUTO OTHERTFIAN EA ACC AUTO ONLY: AGG EXCESS/ UMBRELLA LIABILITY EACH OCCURENCE OCCUR 0 CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION WORKERS EMPLOYERS' UABIILITY /per Y/p ANY EVE (�( 70RY LIMITS ER _ E.L EACH ACCIDENT CER /MEMBER IXCL DED7 �J (IVta dstoryin NH) If� yyeeps desrnTx wrier SPECIAL PROVISIONS below E.L. DIS EASE — FAAMPLOYEE E.L. DISEASE — POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES / EXCLUSONS ADDED BY ENDORSEINENT/ SPECIAL PROVI9ONS It Is understood and agreed that the following entity is added as an additional insured but only with respect($) to the operations of the named kmned wEept that RabRRy resulttrE from the additional bsurees sole ne ftence. --a.CK 11rlara L r nv CANCELLATION City ofFedenal Way SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANa im BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE To THE 33325 8th Ave S CERTIFICATE HOLDER NAMED TO THE LEFT, Wr FAILURE TO DO SO SHALL IMPOSE NO O1IUGATION OR Federal Way, WA 98003- LIABILITY OF ANY KIND UPON THE INSHREtt, ITS AGENTS OR REPIRESENTATIMM AUTHORIZED REPRESENTATIVE ACORD 25 (2009/01) Q 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CPD -PIIC (01/07) Philadelphia Indemnity Insurance Company One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004 Policy Number: PHPK661901 -004 Named Insured and Mailing Address: Eva Rasor 14615 Knoll Park Ct E Bonney Lake, WA 98391 -9640 COMMON POLICY DECLARATIONS Policy Period From: 12/07/2014 To: 1210712015 Business Description: Yoga Trainer Producer: 6039 Maguire Insurance Agency, Inc. 27101 Puerta Real Suite 200 Mission Viejo, CA 92691- at 12:01 AM. Standard Trtne at your mailing address shown above IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM Commercial Property Coverage Part Commercial General Liability Coverage Part $75.00 Commercial Crime Coverage Part Commercial Inland Marine Coverage Part Commercial Auto Coverage Part Commercial Stop Gap Part Businessowners Workers Compensation Taxes/Fees/Surcharges $50.00 Total $125.00 FORM (S) AND ENDORSEMENT (S) MADE A PART OF THIS POLICY AT THE TIME OF ISSUE Refer To Forms Schedule *Omits applicable Forms and Endorsements if shown in specific Coverage Part/Coverage Form Declarations Countersignature Date er��og Authorized Representative �-� I RETL�RN TO: `�C��l :�f /'� I ., ,�,� �� � EXT: � �� �� xJ G1 l�ti CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATINGDEPT./DN: �2C 2. ORIGINATING STAFF PERSON: (�� y�(�i�,c.� ��p�(�Y� EXT: �p�3� 3. DATE REQ. BY: � /v 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 O ORDINANCE ❑ CONTRACT AMENDMENT ( �' OTHER � � r �-F-� �_ ❑ SECURITY DOCUMENT (�.c. aorm xE�nrEV oocuMErrrs� ❑ RESOLUTION O INTERLOCAL 5. PROJECT NAME: P�(lj�y��t ��')'A � � �V (�, � 6. NAME OF CONTRACTOR: � a �L(.Su � ADDRESS: .{-(,` Sf• W� "702 TELEPHONE �-S'3— 3'�-�Z'�' E-MAIL: �� Q 21'7�-SlN � C�y�,LGap.�-; ✓l2- FAX: SIGNATURE NAME: �� E, (�,S�yr TITLE p-wy�.2/ 7. EXHIBITS AND ATTACHMENTS: � scoPE, wotuc olt sExvtCES [�rCOMPENSATION � INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF A[JTHORiTY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: _ �� I((�J COMPLETION DATE: �� 1 l I S 9. TOTAL COMPENSATION $_ �� OU O, !� O (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: � YES O NO �' YES, MAXIMUM DOLLAR AMOUNC $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR O CTfY C�( PURCHASING: PLEASE CHARGE TO: 10. CUMENT/CONTRACT REVIEW PROJECT MAN GER DIRECTOR �II ��'0 (3 , �LAW ��b i�� � ii. COUNCILAPPROVAL(g',�rrPLIC,�1ssl.E) lil-"la-c3v-3Si-S��-S�t-�-I� a� Oo - �13.00 - • �-1 �{ - - 12 I1�iITIAL / DATE REVIEWED ?� I1�IITIAL / ATE APPROVED as� r �u� °� � 4 �3 �i�'� � � ' :s.� COMMiTTEE APPRO VAL DATE: �JP y-u•�3 COUNCIL APPROVAL DATE: 12. C9NTRACT SIGNATURE ROUTING �iS�NT T0 VENDOR/CONTRACTOR DATE SENT: DATE REC'D:��� ��ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBTfS � LAW DEPAR �C SIGNATOR � �v1 iREC�ro �� � � CIT'Y CLE � I � l� ASSIGNED AG# SIGNED COPY RETURNED COMMENTS: �� AG# _� � DATE SENT: . , �IIAI1, � ��ir � w�w �r cin �a�� ����� 33325 8tfi� Avenus �nuth Fed�rai Way. WA 98�03-6325 (2b3) �3�-7ti0Q w�:��w utyc�ffeu��rah�ay com RECREATION AGREEMENT FOR PERSONAL TRAINING SERVICES This Recreation Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Eva Rasor, a sole proprietor ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which sha11 be valid for any notice required under this Agreement: EVA RASOR: Eva Rasor 12326 18�" St. E. Edgewood, WA 98372 (253) 350-5475 (telephone) The Parties agree as follows: CITY OF FEDERAL WAY: Kimberl�y Shelton 33325 8 Ave. S. Federal Way, WA 98003-6325 (253) 835-6932 (telephone) (253) 835-6939 (facsimile) .com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than April 1, 2015 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and atherwise perform the work more specifically described in Elchibit "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 Contractor 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. T'he Contractor warrants goods are merchantable, are ft 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 (1) year after the City's fnal 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 are not 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 sha11 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 of the City, but the RECREATION AGREEMENT - 1 - 4/2011 . .► � • aw �r CITY HALL 33325 8th Avenue Src�uth �edera[ Way, WA 98003-6325 (253)�35-70Qfl 4W✓bY. (:1�0J`fEt]�G'fOlVV'e3j! C€)TIt making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Agreement, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. 2.4 Clean Un. At any time ordered by the City and immediately after completion of the 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 necess�ry 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 Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and such 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 or 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 Pavment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, ineluding 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. T'he Contractor shall also submit a fmal bill upon completion of alI Work. Payment sha11 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 or 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 Unauthorized Work. If any goods, materials, or 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 of this Agreement, the City may obtain the goods, materials or 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 m�imum 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 Work or amounts incurred after the end of the current fscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or 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 Contractor as unsettled at the time request for final payment is made. RECREATION AGREEMENT - 2 - 4/2011 � ���� t�� '�...r ���d�r�i 5. INDEMNIFICATION. CITY �LL ����� 33325 8th Aven�ue Scruth Federat Way, WA 9$003-6325 (253) i335-7C#00 wv✓w utyoffecie��atw�ay com S.l 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, ta�ces, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitafion, 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 Contractor pursuant to this paragaph. 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 or by any third party under workers' compensation acts, disability benefit acts or any other benefts acts or progams. '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 a.ny 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 Agreement 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 termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior 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 for bodily injury, including personal injury or death, and property damage. RECREATION AGREEMENT - 3 - 4/2011 . � .�,w�. � n r� .�. � +�+ r CITY HALL ���i� 33325 8th f�venue South Federat Way, VWA 98003-6325 (253) 835-iQOfl svtivw utyoffsr/�roivv��aycom 6.2. No Limit of Liabilitv. 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 Contractor's insurance and shall not contribute with it. 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 E�ibit "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. T'he 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 of this Agreement shall be considered confdential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguazded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 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 Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product 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, records, 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 nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. 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. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor 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 take 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 RECREATION AGREEMENT = 4 - 4/2011 , .. � • , � � ��w crr-� �a�� 33325 8th Avenue South Fe�deral Way, WA 980Q3-6325 (2�3}835-7QQfl wv�rwr c;ifyafis�ieralnr�y. com 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 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 103 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. 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 Ageement 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 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 or interfere with Contractor's ability to perform the Services. Contractor 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, negoriation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EOUAL OPPORTIJNITY EMPLOYER. In all services, programs, 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 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 fde occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or 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 of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the 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. l3. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the ageements 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 Elchibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. 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. Any provision of this 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 having 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 Assignment 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 of the other Party. If the 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 RECREATION AGREEMENT - 5 - 4/2011 . � + .� � �,. +wir� � ww� : CITY HALL ����,� 33325 8th ,4venue �outh F�derat Way,1rVA 98E703-6325 (2S3) 835-7DE}fl av��w c:ifyai�e�era%y.co�n rights and obligations of the 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. 133 Compliance with Laws. T'he Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, 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 of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. 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 Ageement. 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. T'he failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, govemed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difFerence, or claim, shall be by fling suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, 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 of the 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 Agreement, 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 a11 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 have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] RECREATION AGREEMENT - 6 - 4/2011 . "� � � ie s CITY HALL 33325 8th Avenue Sauth Fed�eraf Way, WA 98E7Q3-632� (2a3) 835-i130d wv�uc;ifyof6�d�raN��y com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: Skip Pri , ayo City Cierk, Cazol Mc i ly, CM DATE: J I �' J (�D�� EVA RASOR � By: Printed Name: �VGI � �l7}� , .r1I ! (. I ' �I /��i[� � ' i fI� � APPROVED AS TO FORM: � City Atto , Patricia A Richardson STATE OF WASHINGTON ) ) ss. COUNTY OF C11�t� ) On this day personally appeared before me, �UD�-� i� $d Y� , 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 O�. G�day of �1^t , 20�. BRIAN F. BULLARO NOTARY PUBLIC ��` STATE OF WASHINGTON (typed/printed name of notary) COMMISSION EXPIRES Notary Public in and for the Sta.te of Washington. JANUARY 29, 2017 My commission expires ���g -/ 7 RECREATION AGREEMENT - 7 - 4/2011 � �ITr ri� CITY HALL � �� _ ■ � �� � � � ■�� 33325 8th Avenue Soutt� • PO Box 9718 � � � �� Federai Way, 1NA 981163-9718 (253) 835-70t� wv,rw. crP�offederz�#wz�y corn EXHIBIT "A" RECREATION SERVICES The Contractor shall provide personal training services for the City of Federal Way. These services include: • Fitness Program Creation • Fitness Testing • Fitness Equipment Instruction • Small Group Training • Teach Fitness Fundamental for Inclusive Population • HIIT Class Instruction RECREATION AGREEMENT - 8 - 4/2011 . • .� .. ��� , wiri� � � .r �r CIiY NALL ���� 33325 8th Avenue South • PO Sox 9718 Fe�lera! Way, WA 98�63-9718 (2�3} 835-7�(� �t��rw Gtyoflederatway com EXHIBIT "B" COMPENSATION In return for the Services, the City shall pay the Contractor an amount not to exceed Twenty Thousand and 00/100 Dollars ($20,000.00) based on the following: � Personal Training Services at 60% of revenue earned o Fitness Program Creation o Fitness Testing o Fitness Equipment Instruction o Small Group Training • Fitness Fundamentals at $22 per hour o Teach Fitness Fundamental for Inclusive Population • Specialty Training Classes at $18 per hour o HIIT Class Instruction RECREATION AGREEMENT - 9 - 4/2011 i i i y ACORU° � � Maguire tr�wrance Agency, �n� 27101 Puerta RealSuRe 200 Mission Viejc, CA 92�1- (877j438-7459 Eva Rasor 1232618th St E E�ewood. WA 98372- COVERAGES CERTIFICATE OF LIABILITY INSURANCE DATE (M1M/DD/1'YYn �� THIS CERTIFICATIOIY l5 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RI6HT5 UPON THE CERTIFICATE HOiDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURER A: INSURERB: THE POLIpES OP INSURANtE LISTED BELOW HAVE BEEN ISSUED TO THE iPISURED NAMED ABOVE FOR THE POUC1( PERIOD INDMJCI�. NOi1N1iHSTANDING AMf REQUIREMENT, TERM OR CONDf�N OF ANiI CONTRACT OR OTHER DOCUMENT WRH RESPECT TO 1NHICH THIS CERIFlCATiON MAY BE KSUm OR MAY PER7AIR1, THE INSURANCE AfFORDED BY THE POLIpES DESCRIBED HEREIIY IS 5UBIECT TO ALL THE TERMS, IXCLUSIONS AND CONDRIONS � SUCH POLIGES. AGGREGATE LIMi75 SHOWN MAY HAVE BEEN REDU�D BY PAID [tAIMS. xna aDnt vou[v�Crtve vatxvotweA� LTR INSRD TYPE�� POkJC11NUMBER DATE DATE � INWiS A X ��AL UABiAiY PHPK661901-002 12/�7%2012 12J07i� ENO1 OCQIRENCE $2.000.000 X� COMMDidALGENERAi.UA81IlTY � . PREMBES 600e� a $7�.� CINMS MADE ❑X OCCUR M��fl� (14�Y one P�son) $2,500 X VROFESSqNAL LIABIUTY � PERS�IAL: ADV INRflIY $I.00O.U00 GEIIERIIL AG6REGATE $4,00O.00D 6fN'L N66REGATE LIM(f APDLIES PER: PRODtIQS-OOMV/bV AG6 $�.000,000 X POl1C/ PROJEGT IAC AIJTON�B�EtJABBJTY CAM&NIED9NGI.ELIN� � . nwrAUro i�►aatdnK► ALLOWNFDAIlfOS � BODIIYMUURY SCHEDULED Allf05 � (Pm Pe�+) � H�� �TOS BODN.Y WHAt'Y � NON-0WNED AUTOS. (PeraotideM) . . PROPER7Y DAMA6E 1��) GARA[� UAB�IIY AtIfOOWIY-FA AO�ENT ANY ALlfO OT}1BtTf1AN FA1WC AUfOONLY: � /4CE55/IHY�EIIAWIBIIli1f . EAQIOOMIEN� OOCUR � 4AtM5 M14DE AG6REGATE . DEIX1QIBiE RETENitON /1PlY � R/PARiNER,�F7(EClfi1VE Y TORYIJNUTS E!t OfFlCER/MEMBER bf0.UDED EL FACH qQIpENT �Ma�da6orY ir1 NH) El DLSFASE- EA AMPLOYEE tFyes, �saibe under SPfGAI PROYISIONS bebw EL D15EASE-PWCY IJMR OTHER o�wnoN ocavr�►noNSltocnnoNS/v�eaFS/Exa�o�►saouEO eremDns�xr/sr�aa. artov�9aNs k ts widerstood and �eed that the totlowring endW is addad u m� additional i4sured 6ut ony wah respact(:) oo the aperrtions of the �med hmred �xcept Unt �r �s trom ths additbml ixu�ad•s sde ���- (:tK11tIL:A7t tIVLUER ��F�� 3�zs aen a� s Fede21 NFay, WA 98003- ACORD 25 (2009/01) c�cEUanoN �,���„��������,�,E«�►„�,�►� ,+�. „� �� �� � �►,� ,� � � �►,� � � ,� ,� �tE ►�a�e aane� To s►� �r, �rt Faru� ro 0o so swut � No omiwnnoei oe LIA�ITY OF ANY IOND UPON Tiff INSIIRER. RSA6ENT5OR �S6JTATIVES. rR��:.�.' �r.-�7,�a::;i-_,`_'��� � � � 1988-2009 ACORD CORPORATION. All rights reserved. rL� •�r�nr� .�_"� __J 1'_' �'_ __�'�a�_�J �__f"' _l w�i►nr� .. � J > i . . . . .. .:. _ .. , . . .. . .. .. .. . 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T�iis Iie��e ks noii �erable. . . . � ;` � � "°: Please noti<fy �the�Crty' �rlc's off ce of any cl�a�ge in your�business su�l� as,� ne�- ` - `°� location or busii�ss name.° - _ . . �. . . =� : • - _ :-; :; _ : ` ` .i - ;�� ```���trrFy,��� .` FED'�qq{ ��i� �' . - _ �` nF . • ,-�, � , �-. _ . _ r _ - - �y % = I�=��appORAFE �„� - <�,,., ;, �"l � . y'� - � : SE - .�E�'lt ��" ly���� ' : o.� , _ :� : '�'� ��' ` ��''��'`rSHING��``� Gity Clerk, City of Federai Way . ;. i ��rr r � rt++�� ,. i _ .;: i ;,.�, Tttis certifies that the-above entity has been issued tt�e registration or license listed. : '.- "� � ri�y!QfFedera( Wav 1.icensine FEDERAi WAY WA 9806� 9718 � _ �. _ j '�