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HomeMy WebLinkAboutCAG2012-0932 - Original - Harts Gymnastic Center - Winter Quarter 2012 - Gymnastics - 01/02/2012 KE N T Records Management WAS„INGTON Document 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: 1ta*4:s Q�4m iqw4t GS Vendor Number: 1(03 4$o JD Edwards Number Contract Number. t1ku- 002-:? This is assigned by Deputy City Clerk i Description: Class Instruction -Winter Quarter - 2012 Detail: Project Name: n a Contract Effective Date: 1/1/12 Termination Date: 3/31/12 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 Pubhc\RecordsManagement\Forms\COntractCover\ADCL7832 07/02 c KENT W&OWINOTOM PERSONAL SERVICES AGREEMENT between the City of Kent and THIS AGREEMENT Is made between the City of Kent, a ashington municipal 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 8 St. NW Suite C, Auburn, WA 98001 (herelnafterithe "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City:l Winter Quarter 2412 See Page Two - Gymnasti I s Schedule I Exhibit A - Insurance and Indem�ity Requirem int5 Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time thos services are performed. II. COMPENSATION. The City shall pay Contractor the total sumo ( 80%) of class revenue for the work to be performed under this Agreement, upon the City's determination thlt the Contractor has satisfactorily completed all services and requirements specified In this Agreemen . 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 glossy ph tographs, biographic descriptions, and program materials, not less than six (6) weeks prior to the Initial event date. All publicity and promotional to media b the Contractor shall credit the City of Kent for it support of the event or project. materials releasedhem y I Y �� M J IV. INDEPENDENT CONTRACTOR. The parties 4tend that an (!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 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 Clty;and shall be subject to the City's general right of Inspection and supervision to secure satisfactory Ompletlon. Contractor agrees to cooperate in this evaluation process. VI. CONTRACTOR'S WORK AND RISK. The Contractor agrees comply with all federal, state and municipal laws, rules and regulations that are now effective or in to future become applicable to Contractor's business, equipment, and personnel engaged 'In operations covered by this Agreement or accruing out of the performance of those operations. Ail woVk shall be dote at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to Imaterials, tools, or other articles used or held for use In connection with the work. l I i CONTRACTOR SERVICES AGREEMENT (Under P 0,000-Instructor) I I Page Two - Harts Gymnastic Center - David Hart Winter Quarter 2012 Day an session Mondays January 2 - 23, January 30 - February 20, Februa 27 - March 1 Tuesdays January 3 - 24, January 31 - February 21, Februa 28 - March 2 Wednesday January 4 - 25, February 1 - 22, February 29 - Ma ch 21 Thursday January 5 - 26, February 1 - 23, Mar h 1 - 22 Saturday January 7 - 28, February 4- 25, March 3 - 24 Class Time &Ages 16 months - 3 months Saturdays - 9:00 - 9:45 a. Mondays -10.00 - 10:45 a. Ages 3 - 5 years Mondays - 5:00-5:45 p.m. & 11:00 - 11:4 a.m. Tuesdays - 6.00 - 6:45 p. . & 11:00 - 11 45 a.m. Wednesdays - 5:00 - 5:45 p.m Thursdays - 5:00 - 5:45 p.m. & 11:00 -- 11; 45 a.m. Saturdays - 10:00 - 10:45 M. & 11:00 - 1:45 a.m. Boys Gymnastics Tuesdays - 6:00- 6:55 p. Wednesdays - 5:00 - 5:55 .m. Thursdays - 5:00 - 5 55 p.�t. Girls Gymnastics Mondays - 6:00 - 6:55 p.m Tuesdays - 5:00 - 5:55p.m & 6:00 - 6:55 p.m. Wednesdays - 6:00 - 6:55 p.m. Thursdays - 6:00 - 6:55 p. / 5:00 - 5:55 p.m. Saturdays - 10:00 - 10.55 a.nn / 11:00 - 1 L.55 a.m. IIi Gvmnastics Camp Monday - Wednesday - 8:00 - 3:00 p.m. ' April 9 - 11 I I I , I i i i Vii. INDEMNIFICATION. Contractor shall defend, in emnify and ho`d the City, its officers,d officials, employees, agents and volunteers harmless from any nd all claims, Injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of dr In connectages with the Contractor's performance of this Agreement, except for that portion of the i�ijuries and 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 expiratioO or termination of this Agreement. VIII. INSURANCE. The Contractor shall procurel and maintai for the duration of the Agreement, insurance of the types and In the amounts described in Exhibit , 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 or 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 termin a this Agreement, with or without cause, upon providing the other party seven (7) calehdar days wri en 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 Kent Clfy 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. B. Non-Waiver of Breach. The failure of the CiN to Insist upon strict performance of any portion contained in this Agreement, in one or more instanceb 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 Disputes and Governing Law, this Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the pa ies are unable to settle any dispute, difference or claim arising from the parties' performance of this Agr ement, the exclusive means of resolving that dispute, difference or claim, shall only be by filling suit exclu ively under the venue, rules and jurisdiction of the King County Superior Court, King Counl�v, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any clalim or lawsuit lior damages arising from the parties' performance of this Agreement, each party shall pay all its legal cos and attorney's fees incurred in defending or bringing such claim or lawsuit; provided, however, nothinoin this paragraph shall be construed to limit the City's right to indemnification under Sectibn VIII of this greement, D, Written Notice. All communications regarding this Agreement slhall 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 b registered or, certified mail, and shall be deemed sufficiently given if sent to the addressee at the addr ss stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment, Any assignment of this Agreement by either party) without the written consent of the non-assigning party shall be void. F. Modification. No waiver, alteration, or mod! catlon of 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. Z;oNTRACTOR SERVICES AGREEMENT-2 Vnder$10,000—Instructor) G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal staternents of any officer or other representative of.the City, and such statements shall not be effective or be gonstrued as eiitering into or forming a part of or altering In any manner this Agreement. Should an language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail, IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY 00 KENT: By: By: (sig tur ) (sig, at e) Print Name: Print Naiine: Lo Its 141.4 te r— Its; Rkreatioir i Cul Services Sugerintendant (Title) I (Tigq) DATE: / W17 DATE: NOTICES TO BE SENT TO: NOTICE TO BE SENT TO: CONTRACTOR: CITY 00 KENT: Tammy IHeldt - Kent Oommons City of K nt 220 Fou h Avenue Souq h Kent, W 98032 (telephone) (facsimile) (253) ]253) 45 -6000 (faces�rmle))� APPRO ED AS TO FO Kent City Attorney P:\Crvr I\FORMS\CONTRACT\KentNetCo ntracts\Consu Ita ntAg reer�a nts\Pa rksInstructorAg r-U nde r10K.doc CONTRACTOR SERVICES AGREEMENT-3 (Under$I0,000—Instructor) EXE"IT �I INSURANCE & INDEMNITY OQUIREM CNTS FOR CULTURAL PERFORMAW AGREE WENTS Insurance The Contractor shall procure and maintain for the din ation of the Ag reement,insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Cont3 actor,their agents, representatives, employees or subcontractors. I A. • Minimum Scope of Insurance Contractor shall obtain insurance of the types describi d below; 1. Commercial General Liabili insurance shall be itten on ISO occurrence form CG 00 01 and sh 1 cover liability arising from premises,operations, independent contractors,products-completed operations,personal Maury and ad ertismg injury and liability assumed under an insured contract.The Commercial General Liability insurance shall be endorsed to pro ide the Aggre ate Per Project , Endorsement ISO form CO 25 03 1185. There s 1 be no endorsement or modification of th, Commercial neral Liability insurance for liability arising fro explosion, col se or underground property damage.The City shall be named as an ' ed under the Contractor's Commercial General Liability insur ce policy with respect to the work performed for e City using SO additional insured endorsement CO 20 10 11�85 or a substi to endorsement providing equivalent coverage. i. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: I I , 1. Commercial General Liability i ance shall be written with limits no less than$1,000,000 each occurre ce, $1,000,000 general aggregate and a$1,000,000 products-completed operations ag egate limit C. Other Insurance Provisions The insurance policies are to contain, or be endorsedlto contain,the�ollowing provisions for Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be pri ary insurance respect the City. Any Insurance, self-insurance, or insurance pool verage main "ned by the City shall be excess of the Contractor's insurance and,sball not con ' ute with it. 2. The Contractor's insurance shall be endorsed to d'(Late that eoverfl�ge shall not be --_ --I- . . ----_-e _a1__sL:. ./17l11 lSn 1,.r nurt�{�ie� EXHIBIT A (Con 'hued) 3. The City of Kent shall be named as an additional insured on all I olicies (except Professional Liability)as respects work performed by or on beb f of the contractor and a copy of the endorsement naming the City as additional insi zed shall be attached to the Certificate of Insurance. The City reserve the right tore<eive a certified copy of all required insurance policies. The Contracto 's Commercial General Liability insurance shah also contain a clause stating that c overage shall a)ply separately to each insured against whom claim is made or suit is brought, exCA Ot with respects to the limits of the insurer's liability. D. Acceptability of Insurers i Insurance is to be placed with insurers with a current�AM.Best ra g of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certifi ates and a cols of the amendatory endorsements, including but not necessarily limited 1 D the additional insured endorsement,evidencing the insurance requirements of the Contrac r before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insure s under its poli ies or shall furnish separate certificates and endorsements for each subcontractor. All erages for subcontractors shall be subject to all of the same inst xance require is as stated herein for the Contractor. j i I � i i I I i I I I I i OP ID• PRDE CERTIFICATE OF LIABILITY INSURANCE DAT01106111�i 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(tes)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 NAMEACT Snyder Insurance Services,Inc Snyder Insurance Services, 913 498-0212 PHONE 800-874-6704 A No•913-498-0212 &Insurasset.com,Inc A c I E# 8801 Renner Avenue Ste 410 E-MAIL Lenexa,KS 66219 ADDRESS PRODUCER RAY SNYDER -CUSTOMER ID4 HARTS-2 INSURER(S)AFFORDING COVERAGE NAIC# INSURED H Gymnastic Center INSURERA Philadelphia Insurance Company ,AB20 B St.NW Suite C INSURER 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 TYPE OF INSURANCE DDL BR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DDIYYYY MMI DIYYYY GENERALLIABILItt CH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X PHPK611952 09/04/10 09l04/11 PREMISES Ea occurrence $ 300,000 CLAIMS-MADE 1XI OCCUR MED EXP(Any one person) $ 1,000 PERSONAL&ADV INJURY S 1,000,000 X Includes Particip GENERAL AGGREGATE $ 3,000,000 GEML AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 3,000,000 X POLICY F1 PRO LOC Emp Ben $ NIA AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY I NJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULEDAUTOS PROPERTY DAMAGE HIREDAUTOS (Per accident) $ NON-OWNED AUTOS $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIASILITY YIN T LIMITS ER ANY PROPRIETOR,PARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUCED� NIA (Mandatory In NH) EL DISEASE-EA EMPLOYE $ If es,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ B Participant Excess SRG9117117 09/04/10 09104/11 Per ACC. 100,000 B iCatastrophicMed SRG9124334 09/04/10 09/04/11 10yrEnf 1,000,00 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ANach ACORD IOI Additional Remarks Schedule,if more space is required) Certificate Holder is listed as an Additional Insured ATINIA. CERTIFICATE HOLDER CANCELLATION KENT-01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS Parks, Recreation&Community Toni M W11doner AUTHORIZED REPRESENTATIVE 525 Fourth Avenue N Kent,WA 98032 1 _ (1c ©1988-2009 ACORD CORPORATION All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD