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HomeMy WebLinkAboutPK2011-0452 - Extension - Harts Gymnastic Center - Fall Quarter 2011 - 09/07/2011 *Ior Records ManagementI., KENT Document Wwfnih ol0n 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: wuld- ' �i�� _Vendor Number: &':;'3+F0 `�J Zm/Ia cs{ J JD Edwards Number Contract Number This is assigned by Deputy City Clerk Description: 'Class Instruction- Fall Quarter - 2011 C/.i� Detail: -l.mna'sittlss-C1aa1B0 Project Name: n a Contract Effective Date: 9/9/2011 Termination Date: 12/31/2011 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\ContractCover\ADCL7832 07/02 CENT y",r,�41.11TOM I PERSONAL SERVICE AGREEMENT between the City 0�Kent and THIS AGREEMENT is made between the City of Kent, 'a Washington unicipal 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 4,8001 (hereina'ter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Fall Quarter ioii y x I See Page Two — Gymna{stics Schedule Exhibit A — Insurance and Indemnity Requirements Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effdct at the time those services are performed iI. COMPENSATION. The City shall pay Contractor the total suin of ( 80%) 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 Orovide where pproprlate, at his or her own costs, complete press materials, including but not limited to black and white glossy photographs, biographic descriptions, and program materials, not less than six (6) weeks prior to the initial event date All publicity and promotional materials released to the media by the Contractor shall credit the City of Kent 1¢r Its support of the event or project IV. INDEPENDENT CONTRACTOR. The partiek intend that �n Independent Contractor-Employer Relationship will be created by this Agreement and that the;Contractor has the abi(Ity to control and direct the performance and details of its work, the City being interested only in the results)obtained 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 ky 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 agre s to comply with all federal, state and municipal laws, rules and regulations that are now; effective or i the future become applicable to Contractor's business, equipment, and personnel engagled in operations 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, fools, or other articles used or held for use In connection with the work. i I CONTRACTOR SERVICES AGREEMENT (Under$10,000—Instructor) I Page Two - Harts Gymnastic Center - David Hart Fall Quarter 2011 Day and session Mondays August 29 - September 26, October 3-24, Noverinber 7-28, Dec mber 5-26 Tuesdays August 30 - September 27, October 4-25, November 1-22, Decc mber 6-27 Wednesday August 31 - September 28, October 5-26, November 2-23, Dec�mber 7-28 Thursday September 1-29, October 6-27, November 3-December 1, Dece Imber 8-29 Saturday September 3 - October 1, October 8 -29, November 5-26, December 3-31 Sunday September 4 - October 2, October 9 - 30, Noverber 6 - 27 III � I Class Tlme &Ages I 16 months - 3 months Saturdays - 9:00 - 9:45 Ia.m. Mondays -10:00 - 1D•451a.m. I Ages 3 - 5 years Mondays - 5:00-5 45 p.t� i Tuesdays - 6.00 - 6.45 ii.M. Wednesdays - 5:00 - 5:2 5 p.m Thursdays - 6:00 - 6:45 p.m. Saturdays - 10:00 - 10: 5 a.m. & 11:0d- 11:45 a.m. i Boys Gymnastics Tuesdays - 6:00- 6.55 .m. Wednesdays - 5:00 - 5,15 P.M. Thursdays - 5.00 - 5:55 ip.m. Girls Gymnastics Mondays - 6:00 - 6:55 p�m. Tuesdays - 5 00 - 5.55pim. &6 00 - 6: 5 P.M. Wednesdays - 6:00 - 6 55 p.m. I Thursdays - 6.00 - 6 55 p.m / 5:00 - 5. 5 P.M. Saturdays - 10.00 - 10 55 a.m / 11 00 11:55 a.m. Sundays - 2 00 - 2.55 p Im Gymnastics Ca= Monday - Wednesday - 0_00 - 3:00 p.ml December 26-28 I i I CONTRACTOR SERVICES AGREEMENT , (Under 3 10,000-Instructor) ! I ' VII. INDEMNIFICATION. Contractor shall defend, Indemnify and hod the City, Its officers, officials, employees, agents and volunteers harmless from any and all claims,iInjuries, damages, losses or suits, Including all legal costs and attorney fees, arising out 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 Contriactor's work when completed shall not be grounds to avoid any of these covenants of indemnification. i The provislons of this section shall survive the expiratioA or termination of this Agreement. VIII. INSURANCE. The Contractor shall procure) and maintain 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 progifam materials 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 party, may termina a this Agreement, with or without cause, upon providing the other party seven (7) calendar days writ en notice at its address set forth on the signature block of this Agreement. i i XI. MISCELLANEOUS PROVISIONS, i a A. Recyclable Materials. Pursuant to Chapter 3.80 lot' the Kent Ci�y Code, the City requires its Contractors to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. II B. Non-Waiver of Breach, The failure of the City to insist upgn strict performance of any portion contained in this Agreement, In one or more instancels shall not bell,construed to be a waiver or relinquishment of any of the covenants, agreements or options'contained in 61s Agreement, and the same shall be and remain In full force and effect. C. Resolution of Disputes and Governing Law. this Agreemen shall be governed by and construed In accordance with the laws of the State of Washington. If the pa-ties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclu Ively under the venue, rules and jurisdiction of the King County Superior Court, King County, 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 al its legal costs and attorneys fees Incurred In defending or bringing such claim or lawsuit; 2r2vi4ed, however, nothino in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. I D. Written Notice. All communications regarding this Agreement hall 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 orl certified mall, 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 either part without the written consent of the non-assigning party shall be void, F. Modification. No waiver, alteration, or modiilication of an of the provisions of this Agreement shall be binding unless in writing and signed by a!duly authonzod representative of the City and Contractor. CONTRACTOR SERVICES AGREEMENT-2 (Cinder SIO,000—Instructor) ; I I � i G. Entire Agreement. The written provisions and berms of this greement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any Pflcer or other representative of the City, and such statements shall not be effective or be donstrued as a tenng 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. i IN WITNESS, the parties below execute this Agreement, which jshall become effective on the last date entered below. CONTRACTOR: CITY 09 KENT: By: By: tur Ault r Print Name: 17 aa/ _ Print Narine: Its t f Its: reatlo Ic erintendant (Ti tie) (Tit e) DATE: i Gr DATE: NOTICES TO BE SENT TO: NOTICE TO BE SEN TO: CONTRACTOR: CITY 00 KENT: Tammy weidt - Kent Oommons City of K nt 220 Fourth Avenue South Kent, WAS 98032 (telephone) (facsimile) (253) [8$6-5000] (tele�hone) (253) 856-6000 (facs mile) APPROVED AS TO FO } a III` EXHIBIT INSURANCE & INDEMNITY QUIRE NTS FOR CULTURAL PERFORMAN AGREEMENTS Insurance The Contractor shall procure and maintain for the duiation of the Agrement, insurance against claims for injuries to persons or damage to property which m q arise from or in connection with the performance of the work hereunder by the Conti actor,their agents, representatives, employees or subcontractors. A. ' Minimum Scope of Insurance j Contractor shall obtain insurance of the types describLi below: 1. Commercial General Liability in ance shall be written on ISO occurrence form CG 00 01 and sh l cover liabili arising from premises, operations, independent ontzactors,Pr ducts-completed operations,personal injury and ad ertising injury, and liability assumed under an insured contract The Commer 'al General Liability insurance shall be endorsed to pro 'de the Aggre a Per Project Endorsement ISO form CG 25 03 185. There sl all be no endorsement or modification of the Commercial eneral Liability insurance for liability arising fxomlexplosion, colt Pse or underground property damage. The City shall be named as an ' sured under the Contractor's Commercial General Liability, insure policy with respect to the work performed for the City using 130 additional insured endorsement CG 20 10 11 �5 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limiits: 1. Commercial General Liability insi�rance shall be written with limits no less than$1,000,000 each occurrence, $1,000,000 eral aggregate and a$1,000,000 products-completed operations aggregate limit. no less than$1,000,000 each occurrence, $1,000,000 general aggregate 121 and a$1,000,000 products-completed operations agg"ate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed(o contain, the I b1lowing provisions for Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be prirr�ary insurance respect the City. Any Insurance, self-insurance,or insurance pool ioverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that covera c shall not be cancelled by either party, except after thirty(30) lays prior written notice by certified mail, return receipt requested,has been given tot e City. I OP ID: PRDE A41-. oRo CERTIFICATE OF LIABILITY INSURANCE DAT(MWD111� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT' If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER 913-498-0200 CO ME NTACT Snyder Insurance Services Inc &Insurasset Insurance Services, Ices, Inc 913-498-0212 a/c No Ext 800-874-6704 A c No 913 498-0212 1101 Renner Avenue Ste 411 E-MAIL ADDRESS Lenexa,KS 66219 PRODUCE RRAY SNYDER CTTOM ID a HARTS-2 INSURER(S)AFFORDING COVERAGE NAIC 0 INSURED Hart's Gymnastic Center INSURERA Philadelphia Insurance Company 4520 B St.NW Suite C INSURER B National Union Fire Insurance Auburn,WA 98001 INSURER C INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER. REVISION NUMBER. THIS IS TO CERTIFY THAT 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDUSUBRI POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POUCYNUMBER MMIDDNYYY MM/DD GENERAL LIABILITY E CH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X IPHPK611952 0910411 09104/11 REMISES Ea occurrence $ 300,000 CLAIMS-MADE O OCCUR MED EXP(Any one person) $ 1,000 PERSONAL&ADV INJURY $ 1,000,00 X Includes Particip GENERALAGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOPAGG $ 3,000,000 X POLICY PROJEC- F LOC Emp Ben $ NIA AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY I NJURY(Per person) $ ALL OWNED AUTOS BODILY I NJURY(Per accident) $ SCHEDULEDAUTOS PROPERTY DAMAGE HIREDAUTOS (Per amident) $ NON-OWNEDAUTOS $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION V/C STATU- OTH- AND EMPLOYERS'LIABILITY YIN T Y IMIT ANY PROPRIETOR/PARTNEWEXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory in NH) EL DISEASE-EA EMPLOYE $ If yes describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ g Participant Excess SRG9117117 09/04/10 09/04/11 Per Acc 100,000 B Catastrophic Med SRG9124334 09/04/10 09/04/11 10yr Bnf 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101 Additional Remarks Schedule,if more space Is required) Certificate Holder is listed as an Additional Insured ATIN(A CERTIFICATE HOLDER CANCELLATION KENT-01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Clty of Kent ACCORDANCE WITH THE POLICY PROVISIONS Parks,Recreation&Community Toni M Wildoner AUTHORIZED REPRESENTATIVE 525 Fourth Avenue N. Kent,WA 98032 1 , _�( L�-- ©1f 988-2009 ACORD CORPORATION All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD K