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HomeMy WebLinkAboutPK2011-0452 - Original - Hart's Gymnastic Center - Winter Quarter 2011 - 01/10/2011 ecords gem en KENT Document w�a HiNor ow " s 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: W Vendor Number: /03450 JD Edwards Number Contract Number: This is assigned by Deputy City Clerk Description: Class Instruction - nWinter Quarter 2011 Detail: i rL �tc �. ? S?,tG�LQVI Project Name: n a Contract Effective Date: 1/3/11 Termination Date: 3/26/11 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 Public\RecordsManagement\Forms\ConiractCover\ADCL7832 07/02 w s. I i x r I KENT w�e..i"ono" PERSONAL SERVICES AGREEMENT between the City ofII Kent and Harts Gym astit Center II THIS AGREEMENT is made between the City of Kent, Washington rt�uniclpal corporation (hereinafter the "City"), and Harts Gymnastic Center, David Hart organized under the laws of the State of Washington, located and doing business at 4520 B St. NW Suite C, Auburn, WA 90001 (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. j i Contractor shall perform the following services for the Cif I i Winter Quarter�2011 See Page Two - Gymnastics Schedule Exhibit A - Insurance and Ind4mnity Requir4ments twin v.� 121 I ' Contractor further represents that the services furn shed under t s Agreement will be performed In accordance with generally accepted professional practices in effe t at the time those services are performed. II. COMPENSATION. The City shall pay Contractor the total sur'i[i of ( Bo%) of class revenue for the work to be performed under this Agreement, upon the City sl determination that the Contractor has satisfactorily completed all services and requirements specified in this Agreement. III. PRESS MATERIALS. Contractor agrees to p1Ovide where a1ppropriate, at his or her own costs, complete press materials, including but not limited to black add white glossy photographs, biographic descriptions, and program materials, not less than six (6) weeks prior to Ehe initial even date. All publicity and promotional materials released to the media by the Contractor shall credit th� City of Kent fot its support of the event or project. IV. INDEPENDENT CONTRACTOR. The partie� intend that 4n Independent Contractor-Employer Relationship will be created by this Agreement 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 lobtained under this Agreement. V. EVALUATION. The Contractor shall have thelauthonty to control and direct the performance and details of the contract work, the work must also meet the approval of the yry 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. V1. CONTRACTOR'S WORK AND RISK. The Cdntractor agreos to comply with all federal, state and municipal laws, rules and regulations that are now effective or lii the future become applicable to Contractor's business, equipment, and personnel engag d in operaticns covered by this Agreement or accruing out of the performance of those operations. All ork 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 t ' CONTRACTOR SERVICES AGREEMENT (Under S10.000—Instructor) I i I Page Two - Harts Gymnastic Center - David Hart Winter Quarter 2011 ! Dav and session Mondays January 3 - 24, January 31- February 21, Februa`y 28 - March 2� ! i Tuesdays January 4 - 25, February 1 - 22, March 1 - 22 ! Wednesday January 5 - 26, February 2- 23, March 2 - 23 I j i Thursday January 6 - 27, February 3 - 24, March 3- 24 i i Saturday January 8 - 29, February 5 - 26, March 5 - 26Class 1 Time& Acesi 16 months - 3 months Saturdays - 9:00 - 9:45'a_m_ Mondays -10:00 - 10:45I a.m. Ages 3 - 5 years Mondays - 5:00-5:45 p. , Tuesdays - 6:00 - 6:45 M. Wednesdays - 5:00 - 5: 5 p.m Thursdays - 6:00 - 6:45Ip.m. Saturdays - 10:00 - 10: 5 a.m. ! Boys Gymnastics Tuesdays - 6:00- 6:55 m. Wednesdays - 5:00 - 5: 5 P.M. Thursdays - 5:00 - 5:551p.m. I Girls Gymnastics Mondays - 6.00 - 6:55 ,m. Tuesdays - 5:00 - 5:55 .m. &6:00 - 6:155 P.M. Wednesdays - 5:00 - 5: 5 p.m. Thursdays - 6:00 - 6:551 p.m / 5:00 - 5� 5 P.M. Saturdays - 10:00 - 10 5 a m / 11:00 11.55 a.m. I I i I CONTRACTOR SERVICES AGREEMENT (Under$10,000-Instructor) VIZ. INDEMNIFICATION. Contractor shall defend, ingemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any(land all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of r in con nectio i with the Contractor's performance of this Agreement, except for that portion of the i juries and dainages Caused by the City's negligence. The City's inspection or acceptance of any of Cont actor'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 termination of this Agreement. VIII. INSURANCE. The Contractor shall procur and mainta n for the duration of the Agreement, insurance of the types and in the amounts descrI ed In Exhibit A, attached and incorporated by this reference. IX. USE OF CITY MATERIALS. Contractor sha l not, wit hou 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 participants for Contractor's use in competition with City programs. X. TERMINATION AND BREACH. Either part may termin to this Agreement, with or without cause, upon providing the other party seven (7) cal ndar days wrl ten notice at its address set forth on the signature block of this Agreement. i XI. MISCELLANEOUS PROVISIONS. A. Recyclable MatffjW5. Pursuant to Chapter 3.80 of the Kent C�ty Code, the City requires Its Contractors to use recycled and recyclable products whenev�r practicable. A price preference may be available for any designated recycled product. i I B. Non Waiver of Breach. The failure of the Cl to insist up n strict performance of any portion contained in this Agreement, in one or more instanc�s shall not b construed to be a waiver or relinquishment of any of the covenants, agreements or option contained in his Agreement, and the same shall be and remain in full force and effect. C. Resol dtlon of Disputes and Governing Law. This Agreeme t shall be governed by and construed in accordance with the laws of the State of Washln ton. If the p rtles are unable to settle any dispute, difference or claim arising from the parties' performs ce of this Ag eement, the exclusive means of resolving that dispute, difference or claim, shall only be by flung suit exclusively under the venue, rules and Iurisdiction of the King County Superior Court, King Cour�ty, Washingto , unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit,for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees Incurred in defending or bringing such claim or lawsuit; provided, 4wever, nothi g in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of thl Agreement. D. Written Notice. All communications regarding t6is Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement.' Any written Alce hereunder shall become effective three (3) business days after the date of mailing y registered r certified mail, and shall be deemed sufficiently given if sent to the addressee at the addess stated In his Agreement or such other address as may be hereafter,specified In writing. E. Assfanment. Any assignment of this Agreements by either partly without the written consent of the non-assigning party shall be void. F. Modification. No waiver, alteration, or mod fication of a y of the provisions of this Agreement shall be binding unless In writing and signed by 6 duly authorl4ed representative of the City and Contractor. CONTI2A,CTOR S7ERVICCFS AGRFEWNT-2 (Under$10,000—Instructor) j I i G. Entire Aurgement. The written provisions and arms of this greement, together with any Exhibits attached hereto, shall supersede all prior verbal stat ments of any ffjcer or other representative of the City, and such statements shall not be effective or be onstrued as a tering into or forming a part of or altering in any manner this Agreement. Should an language in any of the Exhibits to this Agreement conflict with any language contained in this Agr ement, the t rms of this Agreement shall prevail. IN WITNESS, the parties below execute this Agreement, whichlshall become effective on the last date entered below. CONTRACTOR: CITY O KENT: -4 By: (sig 4 (si na ure Print Name- k�S �T� Print Na e: L Its Its: Re P- r ic!^rvlc@sSuperintendan � 1 (l` e) DATE: I Z 1 Zg L a DATE; /-10 � NOTICES TO BE SENT TO: NOTIC S TO BE SEW TO: CONTRACTOR: CITY 00 KENT: Tammy Heldt- Kent bommons City of (dent 220 Fouoth Avenue So6th Kent, WA 98032 (telephone) I (facsimile) (253) [8�6-5000] (tele�hone) (253) 8�6-6000 (fac !mile) APPRO14ED AS TO FO M: Kent Citj Attorney P:\Civil\FORMS\CO NTRACT\KentNetContracts\Consu Ita ntAg reednents\ParksInitructo rAg r-UnderlOK.doc f CONTRACTOR SERVICES AGREEMENT-3 (Under S10,000—Instructor) I I I j EXHIBIT INSURANCE & INDEMNITY I XQUIR.E NTS FOR CULTURAL PERFORMAN E AGRE MENTS Insurance The Contractor shall procure and maintain for the duration of the greernent, insurance against claims for injuries to persons or damage to property which ay arise from or in connection with the performance of the work hereu der by the Co tractor,their agents, representatives, employees or subcontractors. I A. Minimum Scope of Insurance Contractor sball obtain insurance of the types desel bed below: 1. Commercial General Liability i surance shall t written on ISO occurrence form CG 00 01 and hall cover liab ity arising from premises, operations, independe it contractors, roducts-completed operations,personal injury and E dvertising inj , and liability assumed under an insured contri ct. The Comm rcial General Liability insurance shall be endorsed to p ovide the Ag agate Per Project Endorsement ISO form CO 25 3 11 85. Then shall be no endorsement or modification of a Commerci General Liability insurance for liability arising fr m explosion, c Dllapse or underground property damage. The City shal be named as a i insured under the Contractor's Commercial Gene al Liability ins mince policy with respect to the work performed f r the City usi ISO additional Insured endorsement CG 20 10 185 or a subs 'tote endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Contractor shall maintain the:following insurance inuts: i 1. _CoMMercial General Liability nsurance shall written with limits no less than$1,000,000 each occur ence, $1,000, general aggregate and a$1,000,000 products-compleled operations gregate limit. C. Other Insurance Provisions ; The insurance policies are to contain,or be endorsed to contain,the following provisions for Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be4,nr,,,ninsurance as respect the City. .Any Insurance, self-insurance, or insurance pf cage m ntained by the City shall be excess of the Contractor's insuranced shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that c0erage shall not be cancelled by either party, except after thirty( 0)days prior written notice by certified mail,return receipt requested, has been given to the City.