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Home My WebLink AboutCAG2012-0932 - Extension - Harts Gymnastic Center - Spring Summer Quarter 2012 - Gymnastics - 03/26/2012 Records Management KENT Document W AlMINOTON 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: Vendor Number: /&O/Afa JD Edwards Number Contract Number: ej:�I9'-C) d This is assigned by Deputy City Clerk Description: SSgring/Summer Quarter - 2012 Detail: Project Name: n a Contract Effective Date: 3/19/2012 Termination Date: 7/1/2012 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Tammy Heldt -Prgm. Coordinator Department: Parks - Kent Commons Abstract: S Pubhc\RecordsManagement\Farms\ContractCover\ADCL7832 07/02 KENT PERSONAL SERVICES AGREEMENT between the City of Kent anHarts Gymnas Center THIS AGREEMENT is made between the City of Kent, 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 9#001 (hereinaf}er the "Contractor"). I. DESCRIPTION OF WORK. I II Contractor shall perform the following services for the Cl j II I Spring &Summer Quprter 2012 j II �I See Page Two — Gymna&tics Schedule II Exhibit A — Insurance and Ind mnity Requi+ents II I I i Contractor further represents that the services furni�hed under th1s Agreement will be performed in accordance with generally accepted professional practices in effe i t at the time th se services are performed. II. COMPENSATION. The City shall pay Contractor the total su of ( 80%) of class revenue for the work to be performed under this Agreement, upon the City's determination hat the Contractor has satisfactorily completed all services and requirements specified in this Agreem nt. 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 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 fort Its support of the event or protect. IV. INDEPENDENT CONTRACTOR. The parties' intend that a Independent Contractor-Employer Relationship will be created by this Agreement and that the contractor has a ability to control and direct the performance and details of its work, the City being Interested onl in the results obtained under this Agreement. V. EVALUATION. The Contractor shall have the authority to co rol and direct the performance and details of the contract work, the work must also meet the approval of the Ci and shall be subject to the City's general right of Inspection and supervision to secure satisfacto completion. ontractor agrees to cooperate in this evaluation process. I� i VI. CONTRACTOR'S WORK AND RISK. The Contractor agree to comply with all federal, state and municipal laws, rules and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operatlorlis 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 fo materials, t ols, or other articles used or held for use In connection with the work. I CONTRACTOR SERVICES AGREEMENT Page Two - Harts Gymnastic Center- David Wart Spring &Summer Quarter 2012 I i pay and session Mondays March 26-April 23, April 30-May 21, June 4-25, ]one 25-July 23, ufy 30-August 20 Tuesdays March 27 - April 24, May 1-22, May 29-June 19, ilune 26 -July 24, July 31-August 21 Wednesday March 28 - April 25, May 2-3, May 29-3une 19, 3 ne 27-July 25, �ugust 1-22 Thursday March 29-April 26, May 3-24, May 31-June 21, Julne 28-July 26, , ugust 2-23 Saturday March 31-April 280 May 5-26, June 2-23, June 30�July 28, Augul 4-25 I ' I � I cues Time&Apes I 16 months - 3 months Saturdays - 9:00 - 9:4:4 5 .m. Mondays -10:00 - 105 a.m. Ages 3 - 5 years Mondays - 5:00-5:45 p. & 11:00 - 1 :45 a.m Tuesdays - 6:00 - 6.45 .m & 11:00 - 11.45 a.m. Wednesdays - 5.00 - 5- S p.m Thursdays - 5:00 - 5-45 m & 11:00 - 11: 45 a.m. Saturdays - 10:00 - 10 5 a.m. & 11:00 - 11 45 a.m. II Boys Gymnastics Tuesdays - 6:00- 6:55 pm, Wednesdays - 5:00 - 5: 5 p.m. Thursdays - 5.00 - 5 55 P.m. i Girls Gymnastics Mondays - 6:00 - 6.55 p m. Tuesdays - 5:00 - 5:55p m. &6:00 - 6.�5 P.M. Wednesdays - 5:00- 5:53 p.m. Thursdays - 6:00 - 6:55 P.m / 5:00 - 5:�5 p.m. Saturdays - 10-00 - 10: 5 a.m / 11:00 t 11:55 a.m. I � gymnastics Camp Monday - Friday 8j00 - 3:00 p.m. July 16 - 20 August13-17 I I I I I i i CONTRACTOR SERVICES AGREEMENT (Under$10,000-Instructor) EXHIBIT A INSURANCE &INDEMNITY RE UIUME 'TST SOR CULTURAL PERFORMANCE GREE N - i I Insurance The,Contractor shall procure and maintain for the duration of the A ent,insurance against claims£ax injurses t9 persons or damage to prop which may Ise.from or in connection wltia the performance of the work hereunder p y the Contractors,their agents, representatives,employees or subcbntrmtois. A. Minimum Scope of Insurance• - I Contractor shall obtain insurance•of the Types described�elow; 1- Cotmercial General Liability insure ce shall be writt m on I$0 occurrence form CO 00 01 and shall over liability adAn g from premises, operations,independent co tractors,pro duc -completed operations,personal injury and ad "sing injuty, an liability assumed under an 9nsuzed con act T e Commercial eneral Liability insurance shall be•endorsed to provid the Aggregate er Project Endorsement ISO form CO 25 03 11 5. There shall ono endorsement or modification of the C mmercial Oen at Liability insurance for liability arising from ex losion,collapse or underground property damage. The City shall be n med as an incurfdditional under•the Contractor's Commercial General Lia ility.insurancelicy with respect to the work performed for the ity using ISO insured endorsement CG 20 10 11 85 pr a substitute aoisentent providing equivalent coverage. i B. Minimum amounts of Insurance. Contractor shall maintain the following insurance limits: 1. Comm cial General Liability ins ce shall be Nvrltt�n with,limits no less than$1,000,000 each occurrence, 1,000,000 genelsl aggregate and a�1,000,000 products completed ope ations aggrego limit. �. 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 be primary)insurance as respect the City. Any Insurance,self-insurance,or insurance pool coverage mai ntaine4 by the City ' shall be excess of the Contractor's insurance and shalt not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage sh ll not be cancelled by either party,except after thirty(30) day4ty. prior written,notice by certified mail,return.receipt requested,has been givezr to the EXHIBIT A. (Coafl�ued) 3. The City of Kent shall be named as an additional insured on all po oies(except Professional Liability)as respects work performed by or on behalf f the contractor and a copy of the endorsement naming the City as idditionnal ins shall be attached to the Certificate of Insurance, The City reserves heright to recei a a.certified copy of all requited insurance policies. The Contractor' Commercial C neral Liability insurance shall also contain a clause stating that coverage shall app separately to each insured against whom claim is made or suit isl brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current Best rating not less than. A-VIL B. Verification of Coverage Contractor sha1I f mish the City with original certificat�eess and a copy lefore the amendatory endorsements, including but not necessarily limited to he additional lured endorsement,evidencing the insurance rp(lpi ents o the Con hacto commencement of the work, F. Subcontractors Contractor shall include all subcogtractors as insureds ender its policies or shall furnish . separate certificates and endorsements for each subcontractor, All coverages for subcontractoo shall be subject to all of the same insurance requirements as stated hcrein for the Contractor, I - 1 • i . I - i VII. INDEMNIFICATION. Contractor shall defen , indemnify a d hold the City, its officers, officials, employees, agents and volunteers harmless from,any and all ci Ims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in conn ction with the Contractor's performance of this Agreement, except for that portion of khe injuries a d damages caused by the City's negligence. The City's inspection or acceptance of any of bontractor's wi rk when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expi�atlon or termloation of this Agreement. i VIII. INSURANCE. The Contractor shall pr6cure and m�ilntain for the duration of the Agreement, Insurance of the types and In the amounts d6scribed In Exlhlbit A, attached and incorporated by this reference. I IX. USE OF CITY MATERIALS. Contractor!shall not, wi�hout 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 pa lcipants for C ntractor's use in competition with City programs. I X. TERMINATION AND BREACH. Either arty may te�minate this Agreement, with or without cause, upon providing the other party seven (7)� calendar day written notice at its address set forth on the signature block of this Agreement. XI. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 1 .80 of the K nt City Code, the City requires its Contractors to use recycled and recyclable products wh6never practic ble. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of tho City to insist upon strict performance of any I portion contained in this Agreement, in one or more ins6rices shall n t be construed to be a waiver or relinquishment of any of the covenants, agreements or options contalne, n this Agreement, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing LA. This Agr4ment shall be governed by and construed in accordance with the laws of the State of Wa hington. If tt e parties are unable to settle any dispute, difference or claim arising from the parties' performance of thi Agreement, the exclusive means of resolving that dispute, difference or claim, shall only bJ by filing suit xclusively under the venue, rules and jurisdiction of the King County Superior Court, King ounty, Washi gton, unless the parties agree in writing to an alternative dispute resolution process. Ina y claim or la suit 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; rovide , however, n thing inthis paragraph shall be construed to limit the City's right to indemnification underiSection VIII o this Agreement. D. Written Notice. All communications regardipg this Agree ent shall be sent to the parties at the addresses listed on the signature page of the Agreem nt. Any wri en notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mall, and shall be deemed sufficiently given if sent to the addressee at the address stateo in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by elthe(party without the written consent of the non-assigning party shall be void. F. Modification. No waiver, alteration, or �nodificatlon f any of the provisions of this Agreement shall be binding unless In writing and signed Iby a duly aut�wrized representative of the City and Contractor. ,I CONTRACTOR SERVICES AGREEMENT-2 (Under S10,000—lnstructor) I • l G. Entire Agreement. The written provisions bnd terms of i his Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or' be construedlas entering into or forming a part of or altering In any manner this Agreement. Should any langua a In any of the Exhibits to this Agreement conflict with any language contained in this!Agreement, t e terms of this Agreement shall prevail. IN WITNESS, the parties below execute this Agreement, 41ch shall become effective on the last date entered below. CONTRACTOR: crO OF KENT: ti B i Y- 6 (si not e) _ y— y� I (spa ur ) Print e: G�-� Prl t Name: its Na��) � Its:i ion & I r ices Su erintendant Title DATE: (Tile) DARE: `L— NOTICES TO BE SENT TO: NO ICES TO BE SENT TO.- CONTRACTOR- CITY OF KENT: _ Clty of Kent 22d1 Fourth Avenu�South Kent, WA 98032 :elephone) (25 ) [856-5000]I(telephone) (facsimile) (25 ) (856-6000 (facsimile) I AP 'ROVED AS T4 FORM: Ke4 City Attorne i I P•\Civi I\FORMS\CONTRACT\KentNetContracts\Consu ItantA4 reements\Pa�kslnstructorAg r-Underl OK.doc CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000-lnstrucror) I r HARTS-2 OP ID:PRDE DATE(MMIDD11'" CERTIFICATE OF LIABILI INSU NCE 00102111 THIS CERTIFICATE IS ISSUED A8 A MATTER OF INFORMATION ONLY AND ms NO UPON THE CEI2f1P1CATE HOLDER•THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTE D OR ALTER THE COYERAOE AffORDED 8Y THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A NTRACT BETVYE THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER must endo tl SUBROCiAT10N 18 WAIVED,•ue)eJ t to WF6kTANT: N tits em0tate hordar Is an ADDITIONAL NISUREO.the polkyl I dw tenrr and coudidons of the P01",certain Policies may�1ut"an ando A st WW n+eLK this certificate doss not confer rights to the CartHlcsia holder In Ou of such and s. PRODUCER 013.496.0 ME: Sn der Insole SerAces ine Snyder hrsuranoe 9e cOM,Inc 913-495-0212 J>tar1E NO.07"704 1 913.498-0212 S hlsurassKaAm,Inc Sa01 Renner Avenue Sic 410 u c0M Lenexa,K8 6621! �� wuc Ir House VdW A:Ph11adN la I ranee Com an INSmED Nalt's naatic Center m s,NatlOrml Un Fire Insurance 4520 9 SIL NW SURS C INWRI RC Auburn,WA 98001 D: E. COVERA43ES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN URED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWRIASTANDING ANY REQUIREMENT, TERM OR CCNDMON OF AN CONTRACT OR OTI ER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY E POLICIES DE5C IBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOVM MAY HAVE BEEN I EDUCED BY PAID CLAIMS uwww rinic-cludes ANCE NUMBER �� F,'PCH OCCURRENCE b 1,�+ A ALLIARLITY X PWK743M D9IQINL' p9i0 112 pR s 3+ CLAIMSnX OCCUR / I. MEDEXP(Anyp pwwn) $ 1, PERSONAL&ADV INJURY S tow P GENERAL AGGREGATE $ 3,0w, G EML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 3,000, POLICY M JRa EDLOC Emp Ben. z NI AUTOMOBLE LJAIaL W rflJdM,I ANY AUTO BODILY INJURY(Pw PM )ALL S AUTOSED AUTOS JU LED BODILY INRYIPer Mxdern) S 1"W7PtSA1.0 NIREDAUTOS A OS Pa haddem S UMaREUA LIAO OCCUR EACH OCCURRENCE S EXCESS LIAB CWMS.MADE AGGREGATE $ BED I I Rvew"$ WOwrEAECOMPONSAT10N MC STATT• T11 AND EAPLOYEW LIABILITY YIN ANY PROPRIETOR/PARTHERRXECUTIVE❑ NJA EL EACH ACCIDENT S OFROWMEMS"EXCLUDEb7 (wyy��nssO,rlNy MNII) EL DISGpyE-EA EMPLOYE $ DESERT uIOBr E L DISEASE•POLICY LIMIT S B Partklpant Excess SRG9117117 09AI4M1 2 Per.Ace. t00 yg�Cafas"ppphIc.MMed SRq(;�sl2saa3t p� 0810M11 99 2 10yr.Bnf tom+ ase CERTIAIE HOL J�AS AN ANALURED ATIMA �r�n mM.olru N eea0nel CERTIFICATE HOLDER CANOELLATION KENTPAI ANY OF THE A DESCRIBED POLICIES BE CANCELLED BEFORE TMI P.7tRRJL110N DA'IH THEIREOF, NOTICE WILL BE DELIVERED IN KENT PARKS REC fL COM SERVICES A N PrtovlsloNs. 528 FOURTH AVE NORTH KENT,WA 98032 AU RLIRRIMENTAT1W , I ®1988 2010ORO CORPORATION. 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