HomeMy WebLinkAboutCAG2010-0958 - Extension - Harts Gymnastics Center - Spring Summer Quarter 2010 - Gymnastics - 03/29/2010 ecords KE MgrCggemce�n
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact City Clerks Office.
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Vendor Name: 7Z 5 g1CM/tasS.G Vendor Number: 4�3-zl- o
JD Edwards Number
Contract Number.
This is assigned by Deputy City Clerk
Description: Class Instruction- Spring and Summer Quarter 2010
Detail: &Z-Iss !/2SY-yr.[G lJ77 [i��tymry s lc5
Project Name: n a
Contract Effective Date: 4/1/10 Termination Date: 8/1/10
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Tammy Heldt-Pram. Coordinator Department: Parks - Kent Commons
Abstract:
5 Pubhc\RecordsManagement\Forms\contractCover\ADCL7832 07/02
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PERSONAL SERVICI�S AGREEMENT'
between the City bf Kent and
Harts Gymna I4ie Center
THIS AGREEMENT is made between the City of Ken , a Washingtorl municipal corporation (hereinafter the
City'), and Harts Gymnastic Center, David Hart organiz d under the la%ks of the State of Washington, located
and doing business at 4520 B St. NW Suite C, Auburn, WA 98001 (hereirafter the "Contractor").
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the Ity:
Spring/Summer Quarter 2010
See Page Two - Gym astics Schedulle
Exhibit A — Insurance and Indemnity Requirements
Contractor further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professlonal practices in effect at the time those services are performed.
II. COMPENSATION. The City shall pay Contractor the total sum of ( SO%) of class revenue for the
work to be performed under this Agreement, upon the Crt 's determination that the Contractor has satisfactorily
completed all services and requirements specified in this Agreement.
III. PRESS MATERIALS. Contractor agrees to' provide where' appropriate, at his or her own costs,
complete press materials, including but not limited to black !and white glosty photographs, biographic descriptlons,
and program materials, not less than six (b) weeks prior tb the Initial event date. All publicity and promotional
materials released to the media by the Contractor shall credit Ehe City of Kent'for its support of the event or project.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer
Relationship will be created by this Agreement and that the Contractor hhs the ability to control and direct the
performance and details of its work, the City being Interested.bnly in the results obtained under this Agreement.
V. EVALUATION. The Contractor shall have tIine authority to control and direct the performance and
details of the contract work, the work must also meet the bpproval of the City and shall be subject to the City's
general right of inspection and supervision to secure satisfactory completion. Contractor agrees to cooperate in this
evaluation process.
VI. CONTRACTOR'S WORK AND RISK. The Contractor agriees to comply with all federal, state
and municipal laws, rules and regulations that are no� effective or' in the future become applicable to
Contractor's business, equipment, and personnel eng ged in operations covered by this Agreement or
accruing out of the performance of those operatlons. All work shall ble done at Contractor's own risk, and
Contractor shall be responsible for any loss of or dama0a to materials, tools, or other articles used or held
for use In connection with the work.
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CONTRACTOR SERVICES AGREEMENT
(Under 310,000—Insrrucror)
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Pale Two - Harts Gymnastic Center- David Hart
Spring/Summer Qtr. 2010
Day and session
Mondays March 29-April 26, May 3- 24, May 31 - June 1, June 28 - idly 26, Aug 2 - 23
Tuesdays March 30-April 27, May 4 - 25, June 1-22, Ju Ie 29-July 27, August 3-24
Wednesday March 31- April 28, May 5 - 26, June 2-23, June 30-3uly 28, August 4 - 25
Thursday April 1 - 29, May 6 - 27, June 3 - 24, July 1 d 29, August 5 -R6
Saturday April 3 - May, May 8 - 29, June 5 - 26, July 3I-31, August 7 -128
• No class 4/5-4/10, 7/5-7/10
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Class Time illi Aaes i
16 months - 3 months Saturdays - 9,00 - 9,45 a.m.
Mondays -10:00 - 10: 5 a.m.
Ages 3 - 5 years Mondays - 11:00-11: 5 a.m./ 5.00-S145 p.m.
Tuesdays - 6:00 - 6.45 p.m.
Wednesdays - 5:00 - :45 p.m
Thursdays - 5.00 - 5.435 P.M.
Saturdays - 10.00 - 1 :45 a.m.
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Boys GE na] stirs Tuesdays - 6:00- 6:5 p.m.
Thursdays - 5:00 - 5: 5 p.m.
Girls Gymnastics Mondays - 6:00 - 6:5 p.m.
Tuesdays - 5.00 - 5 5p.m & 6:00 -16:55 p.m.
Wednesdays - 5:00 - :55 p.m.
Thursdays - 6.00 - 6: 5 p.m / 5:00 -i 5:55 p.m.
Saturdays - 10:00 - 1 :55 a.m / 11:d0 - 11:55 a.m.
Gymnastics Camp (5-13) 8:00 a.m. - 3:D0 o.rn
Monday - Wednesday April 5 - April 7 j
Monday - Friday July 19 - July 23
August 16 - August 20
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I CONTRACTOR SERVICES AGREEMENT
(Under$10,000-Tnsrrucror) j
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VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all cllaims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising o�it of or in connection with the Contractor's
performance of this Agreement, except for that portion of,the injuries and damages caused by the City's
negligence. The City's Inspection or acceptance of any, of Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnificatioI
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The provisions of this section shall survive the exp ration or termination of this Agreement.
VIII. INSURANCE. The Contractor shall p cure and maintain for the duration of the
Agreement, insurance of the types and In the amounts d scribed in EAlbit A, attached and incorporated
by this reference.
IX. USE OF CITY MATERIALS. Contractor) shall not, without prior written approval and
permission of the City, use participant roster or related !program materials for any purpose outside this
Agreement including, but not limited to, solicitation of pa Iticlpants for dontractor's use in competition with
City programs.
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X. TERMINATION AND BREACH. Either !party may terminate this Agreement, with or
without cause, upon providing the other party seven (71 calendar days written notice at its address set
forth on the signature block of this Agreement.
XI. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kint City Code, the City requires its
Contractors to use recycled and recyclable products whenever practidable. A price preference may be
available for any designated recycled product.
S. Non-Waiver Qf Breach. The failure of th City to insi$t upon strict performance of any
portion contained in this Agreement, in one or more ins antes shall not be construed to be a waiver or
relinquishment of any of the covenants, agreements or options contained In this Agreement, and the same
shall be and remain in full force and effect.
C. Resolution of Dilutes and Governing La�v. This Agreement shall be governed by and
construed in accordance with the laws of the State ofWashington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of thi's Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only b� by filing suit'exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King 6unty, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or la*sult for damages arising from the
parties' performance of this Agreement, each party shall 0ay all its legal costs and attorney's fees Incurred
in defending or bringing such claim or lawsuit; providep, however, nothing in this paragraph shall be
construed to limit the City's right to Indemnification unde , Section VIII df this Agreement.
D. Written Notice. All communications regarding this Agreerhent shall be sent to the parties at
the addresses listed on the signature page of the Agreement. Any written notice hereunder shall become
effective three (3) business days after the date of mailing by registeVed or certified mail, and shall be
deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other
address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by elthet party without the written consent
of the non-assigning party shall be void. `
F. Modification. No waiver, alteration, or (modification bf any of the provisions of this
Agreement shall be binding unless in writing and signed, by a duly authorized representative of the City
and Contractor.
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CONTRACTOR SERVICES AGREEMENT-2
(under.S 10,000—Instructor)
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G. Entire Agreement, The written provisions land terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal 6tatements of'any officer or other representative
of the City, and such statements shall not be effective oiG be construed!as entering into or forming a part
of or altering In any manner this Agreement Should any langualie In any of the Exhibits to this
Agreement conflict with any language contained In this) Agreement, the terms of this Agreement shall
prevail
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IN WITNESS, the parties below execute this Agreement, WhIch shall become effective on
the last date entered below.
CONTRACTOR: CIV OF KENT:
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By: By:
(signature) I (signs
Print Name: Prlr t Name: Loju Hogank
Its - ItS4 Retreat al ces Supertntendw
(Title) (Title)
DATE: 1S it DATE: a�-LO
NOTICES TO BE SENT TO: N ICES TO BE SENT TO:
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CONTRACTOR: CI' Y OF KENT:
Tammy Heldt - ikent Commons
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(telephone) i
(facsimile) (253) [856-50001 (telephone)
(253) 856-6000 (facsimile)
AP ROVED AS IFO FORM:
Ke t City Attorney
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P:\C Ivl I\FORMS\CONTRACT\KentNetContracts\Consulta nt/agreements\PalrkslnstructorAgr-UnderlOK.doc
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'TOR SERVICES AGREEMENT-3 j
900—Instructor)
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