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
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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.
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Contractor shall perform the following services for the Cl�y:
Fall Quarter 2b10
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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.
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CONTRACTOR SERVICES AGREEMENT
(Under$10,000—Instructor)
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page Two - Harts Gymnastic Center- David Hart j
Fall Quarter 2010
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pay and session j
Mondays August 30 - September 27, October 4-25, November 1 - 22, November 29 - December 20
Tuesdays August 31 - September 28, October 5 - 26, November 2 -23, November 30 - December 21
Wednesday Sept 1 - 29, October 6 - 27, November 3 - 24, december 1 - 27
Thursday September 2 - 30, October 7 - 28, November 4 + 18, Decemberl2 - 23
Saturday September 4 - October 2, October 9 - 30, November 6 - 27, De�ember 4 - 18
No class 916 - 9/11
Class Time 8t_Ames
16 months - 3 months Saturdays - 9:00 - 9:45 M.
Mondays -10:00 - 10:25 ;- .
Ages 3 - 5 years Mondays - 5:00-5:45 p.nh.
Tuesdays - 6:00 - 6:45 11.m.
Wednesdays - 5:00 - 5:45 p.m
Thursdays - 6:00 - 6:45 IP.M.
Saturdays - 10:00 - 10: 5 a.m.
Boys Gymnastics Tuesdays - 6:00- 6:55 m.
Thursdays - 5:00 - 5:55 1p.m.
irls Gymnd5= Mondays - 6:00 - 6:55 p�m.
Tuesdays - 5:00 - 5:55p m. & 6:00 - 6:05 P.M.
Wednesdays - 5:00 - 5:15 p.m. &6:00 t 6:55 p.m
Thursdays - 6:00 - 6:55 p.m / 5:00 - 5:55 P.M.
Saturdays - 10:00 - 10: 5 a m / 11:00 + 11:55 a.m.
Gymn sties Cam1zC� 131 8 00 a.m. - 3:00 o.m !
Monday - Wednesday December 27 - 29
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CONTRACTOR SERVICES.A.GRFEMENT
(Under 5I0,000-Instructor)
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EXHIBI' A
INSURANCE & INDEMNIT REQUIR MENTS FOR
CULTURAL PERFORMA +
NCE AGRPEMENTS
Insurance
The Contractor shall procure and maintain for th� duration of Agreement, insurance
against claims for injuries to persons or damage To property,wh may arise from or in,
connection with the performance of the work hereunder by the ontractor,their agents,
representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types de$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
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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.
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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
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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_
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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.
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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
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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