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HomeMy WebLinkAboutCAG2010-0958 - Extension - Harts Gymnastics Center - Fall Quarter 2010 - Gymnastics - 08/30/2010 Records M "`71 "--a- gemenJm KENT Document WASHINGTON IIIII�� 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. Vendor Name: a(- Vendor Number: gV JD Edwards Number Contract Number: This is assigned by Deputy City Clerk Description: Class Instruction- Fall Quarter 2010 Detail: Project Name: n a Contract Effective Date: 9/7/10 Termination Date: 12/30/10 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: S•Publtc\RecordsManagemenl\Forms\ContracfCover\ADCL7932 07/02 , I KENT Wwa..i�v+v" PERSONAL SERVICES AGREEMENT between the City o Kent and Harts Gymnast d -ntfkr THIS AGREEMENT is made between the City of Kent, Washington �unicipal corporation (hereinafter the "City"), and Harts Gymnastic Center, David Hart organized sunder the laws of the State of Washington, located and doing business at 4320 a St. NW Suite C, Auburn, WA 96001 (herelnaf}er the "Contractor"). I. DESCRIPTION OF WORK. i Contractor shall perform the following services for the Cl�y: Fall Quarter 2b10 I See Page Two -- Gymna tics Schedule I Exhibit A — Insurance and Ind mnity Reciulrements Contractor further represents that the services fum�hed under thMs Agreement will be performed in accordance with generally accepted professional practices ineffelI at the time those services are performed. 11. COMPENSATION. The City shall pay Contractor the total sum of ( 80%) of class revenue for the work to be performed under this Agreement, upon the City's determination that the Contractor has satisfactorily completed all services and requirements specified In this Agreement III. PRESS MATERIALS. Contractor agrees to pdovide where appropriate, at his or her own costs, complete press materials, including but not limited to black an! white glossy hotographs, biographic descriptions, and program materials, not less than six (6) weeks prior to the initial even date. All publicity and promotional materials released to the media by the Contractor shall credit thd City of Kent fof its support of the event or project. IV. INDEPENDENT CONTRACTOR. The partied intend that �n Independent Contractor-Employer Relationship will be created by this Agreement and that the Contractor has Ithe ability to control and direct the performance and details of its work, the City being interested only in the results bbtained under this Agreement. V. EVALUATION. The Contractor shall have the (authority to control and direct the performance and details of the contract work, the work must also meet the approval of the CIty and shall be subject to the City's general right of inspection and supervision to secure satlsfacto completion. Contractor agrees to cooperate in this evaluation process. VI. CONTRACTOR'S WORK AND RISK. The Contractor agreed to comply with all federal, state and municipal laws, rules and regulations that are now �ffective or ini the future become applicable to Contractor's business, equipment, and personnel engaged in operatiohs covered by this Agreement or accruing out of the performance of those operations. 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. I CONTRACTOR SERVICES AGREEMENT (Under$10,000—Instructor) a . it page Two - Harts Gymnastic Center- David Hart j Fall Quarter 2010 i pay and session j Mondays August 30 - September 27, October 4-25, November 1 - 22, November 29 - December 20 Tuesdays August 31 - September 28, October 5 - 26, November 2 -23, November 30 - December 21 Wednesday Sept 1 - 29, October 6 - 27, November 3 - 24, december 1 - 27 Thursday September 2 - 30, October 7 - 28, November 4 + 18, Decemberl2 - 23 Saturday September 4 - October 2, October 9 - 30, November 6 - 27, De�ember 4 - 18 No class 916 - 9/11 Class Time 8t_Ames 16 months - 3 months Saturdays - 9:00 - 9:45 M. Mondays -10:00 - 10:25 ;- . Ages 3 - 5 years Mondays - 5:00-5:45 p.nh. Tuesdays - 6:00 - 6:45 11.m. Wednesdays - 5:00 - 5:45 p.m Thursdays - 6:00 - 6:45 IP.M. Saturdays - 10:00 - 10: 5 a.m. Boys Gymnastics Tuesdays - 6:00- 6:55 m. Thursdays - 5:00 - 5:55 1p.m. irls Gymnd5= Mondays - 6:00 - 6:55 p�m. Tuesdays - 5:00 - 5:55p m. & 6:00 - 6:05 P.M. Wednesdays - 5:00 - 5:15 p.m. &6:00 t 6:55 p.m Thursdays - 6:00 - 6:55 p.m / 5:00 - 5:55 P.M. Saturdays - 10:00 - 10: 5 a m / 11:00 + 11:55 a.m. Gymn sties Cam1zC� 131 8 00 a.m. - 3:00 o.m ! Monday - Wednesday December 27 - 29 i i i CONTRACTOR SERVICES.A.GRFEMENT (Under 5I0,000-Instructor) I JJ -- i EXHIBI' A INSURANCE & INDEMNIT REQUIR MENTS FOR CULTURAL PERFORMA + NCE AGRPEMENTS Insurance The Contractor shall procure and maintain for th� duration of Agreement, insurance against claims for injuries to persons or damage To property,wh may arise from or in, connection with the performance of the work hereunder by the ontractor,their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types de$cribed below: 1. Commercial Ge7insured Liabilit insurance shal be written on ISO occurrence form0 01 an shall cover li bility arising from premises, operandepen ent contractor ,products-completed operations,persjury an advertising in ury, and liability assumed under con act. The Com ercial General Liability insurance shall orsed to provide the Aaregate Per project Endorsement ISO form CG 25 03 1185. Thrial shall be no endorsement or modification f the Commer General Liability insurance for liability arising om explosionollapse or underground property damage. The City shall be named as Ian insured under the Contractor's Commercial Gen ral Liability i569t ance policy with respect to the work performed for the City uIS additional insured endorsement CG 20 10 1185 or a suute endorsement providing equivalent coverage B. Minimum Amounts of Insurance i Contractor shall maintain the following insurance limits: 1. Commercial General Liabilit _insurance shao be written with limits no less than$1,000,000 each occurrence, $1,000, 00 general aggregate and a$1,000,000 products-completed operations #ggregate limit- C. Other Insurance Provisions The insurance policies are to contain, or be endor�ed to contain,the following provisions for Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be rimary ins ce as respect the City. Any Insurance, self-insurance, or insurance of coverage m tamed by the City shall be excess of the Contractor's insurance�nd shall not co tribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelledby either party, except after thirty (10)days prior v4itten notice by certified mail,return receipt requested,has been given to the City. i i EXHIBIT A �ont Cued) 3. The City of Kent shall be named as an additional insured n all policies (except Professional Liability) as respects work pe#formed by or behalf of the contractor and a copy of the endorsement naming the City as additio insured shall be attached to the Certificate of Insurance. The City reserves the rig to receive a certified copy of all required insurance policies. The Co tractor's Co ercial General Liability insurance shall also contain a clause statingthat coverage hall apply separately to each insured against whom claim is made r suit is brou t,except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a cant A.M.Best rating of not less than ANIL F. Verification of Coverage i Contractor shall furnish the City with original certificates and la copy of the amendatory endorsements, including but not necessarily lir lited to the additional insured endorsement, evidencing the insurance requireents of the C ntractor before commencement of the work F. Subcontractors Contractor shall include all subcontractors as iihsureds under its policies or shall furnish separate certificates and endorsements for each subcontractorsi All coverages for subcontractors shall be subject to all of the same insurance requirements as stated berein for the Contractor_ i VII. INDEMNIFICATION. Contractor shall defend, indemnify and 'hdld the City, its officers, officials, employees, agents and volunteers harmless from arty and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out 8f or In connec Ion with the Contractor's performance of this Agreement, except for that portion of 1:4 Injuries and Jamages 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 indemnification. The provisions of this section shall survive the expiration or termina0on of this Agreement. VIII. INSURANCE. The Contractor shall procure and malnkaln for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit 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 pr6gram materialls for any purpose outside this Agreement including, but not limited to, solicitation of participants for Contractor's use in competition with City programs. i X. TERMINATION AND BREACH. Either patty may terminate this Agreement, with or without cause, upon providing the other party seven (7) c'a,lendar days written notice at its address set forth on the signature block of this Agreement. XI. MISCELLANEOUS PROVISIONS. A. Recyclable Material. Pursuant to Chapter 3. 0 of the KentIClty Code, the City requires its Contractors to use recycled and recyclable products when ver practicable. A price preference may be available for any designated recycled product. B, Non-Wd ver of Breach. The failure of the dity to insist gpon strict performance of any portion contained in this Agreement, in one or more instances shall not e' construed to be a waiver or relinquishment of any of the covenants, agreements or options contained i, this Agreement, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this greement, the exclusive means of resolving that dispute, difference or claim, shall only be bly filing suit ex wsively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washing on, unless the parties agree in writing to an alternative dispute resolution process. In any claim or laWSL it for damages arising from the parties' performance of this Agreement, each party shall pay all its legal c s and attorney's fees incurred In defending or bringing such claim or lawsuit; provided, however, not I g In this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notice. All communications regarding this Agreement 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 registered! or certified mail, and shall be deemed sufficiently given If sent to the addressee at the address stated ih this Agreement or such other address as may be hereafter specified in writing. E. Aa ignme A. Any assignment of this Agreement by either p#rt7y without the written consent of the non-assigning party shall be void. F. Modification. No waiver, alteration, or modification of 'Ony of the provisions of this Agreement shall be binding unless in writing and signed b , a duly authohied representative of the City and Contractor. CONTRACTOR SERVICES AGREEMENT-2 _ (Under$I0,000—Instructor) G. Entire Agreement The written provisions an terms of thl Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of an officer or other representative of the City, and such statements shall not be effective or be construed aslentering into or forming a part of or altering in any manner this Agreement. Should any language In any of the Exhibits to this Agreement conflict with any language contained in this Aireement, the terms of this Agreement shall prevail. IN WITNESS, the parties below execute this Agreement, whl4h shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By:: By. (sig ature) ( Igna r Print Name: L .u )Adl Print Name:-Aorl Honad Its_ M Wn r Its: r n & Cultural Services rin endant n(Title) �) f� DATE: ��I� DATE:I ` NOTICES TO BE SENT TO: NOTICES TO 13E SEIINT TO: CONTRACTOR: CITY OF KENT: Tammy Heldt - Keot Commons City o Kent 220 Ftrth Avenue South Kent, A 98032 (telephone) (facsimile) (253) �856-5000] (t#lephone) (253) 56-6000 (f csimiie) APPROVED AS TO ORM: Kent ity Attorney I � P:\Civil\FORMS\CONTRACT\KentNetContracts\ConsultantAgri ements\Park*nstructorAgr-UnderlOK.doc CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000—.Instructor) ACORD CEOTIFICATE OF LIABILITY INSURANCE CATE(MMIDWYYYY) na 0 210 9/2 0 1 0 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY NOTHE Snyder Insurance Services, Inc&Insurasset com, Inc. HHOLDERNDTHISONFERS CERT FICATERIGHTS DOES OTOAM ND,C XTEIN)D OR 01 Renner Ave,Suite 410 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW enexa KS 66219 800-874-6704 INSURERS AFFORDING COVERAGE NAIC# INSURED Harts Gymnastic Center INSURER Lexington Insurance Company 4520 B St. NW Suite C INSURER B National Union Fire Ins Co of Pittsburgh INSURER C Auburn WA 98001 INSURER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR NDDTPOLICY NUMBER POLICY EFFECTIVE POLTYPEICY EXPI LIMITS GENERAL LIABILITY E HOCCURRENCE $ 1,000,000 A Y X COMMERCIAL GENERAL LIABILITY 33056528 09/04/2009 09/04/2010 MAGE TO RENTED $ 100,000 CLAIMS MADE IXI OCCUR MED EXP(Anv oneperson) $ Excluded X _Sports General Llab PERSONAL&ADV INJURY $ 1,000,000 Including Premises GENERAL AGGREGATE $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ 1,000,000 X1 POLICY PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OW NED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S 0 AUTO ONLY AGG S EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ a DEDUCTIBLE $ RETENTION $ S WORKERS COMPENSATION AND WC STATU- OTH EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E L DISEASE-EA EMPLOYE $ We describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT 1$ OTHER Each Accident $ 100,000 Participant Excess Accident SRGO09117117 Deductible $ 100 Catastrophic Medical SRG9123334 110 Year Benefit $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS]VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS **Certificate holder is also an additional insured** CERTIFICATE HOLDER CANCELLATION SHOULDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Parks, Recreation&Community Services NOTICE TO THE CERTIFICATE HOLDER NAMEDTO THE LEFT,BUT FAILURE TO DO SO SHALL 220 Fourth Avenue S IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Kent,WA 98032 REPRESENTATIVES AUTHORIZED REPRESENTATIVE <HEM> ACORD 25(2001/08) AC RD CORPORATION 1988