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Home My WebLink AboutCAG2012-0932 - Extension - Harts Gymnastic Center - Fall Quarter 2012 - Gymnastics - 08/27/2012 Records Management KENT Document WASHINGTON _ 1^' � 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: /&t?Z/JPD JD Edwards Number Contract Number. CK This is assigned by Deputy City Clerk Description: fall Quarter - 2012 Detail: QuWaaehCcs Project Name: n a Contract Effective Date: 9/2012 Termination Date: 12 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 Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02 KENT M�f wi.0.0• PERSONAL SERVICE AGREEMENT between the City o`1 Kent and Harts Gymnast) Center b THIS AGREEMENT is made between the City of Kent, Washington 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 B St. NW Suite C, Auburn, WA 9 001 (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the Cit : Fall Quarter 21�11112 1 See Page Two — Gymna4tics Schedule I Exhibit A — Insurance and Indemnity Requireknents i Contractor further represents that the services furni�hed under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time thbse services are performed. II. 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 tlhat the Contractor has satisfactorily completed all services and requirements specified in this Agreement. III. PRESS MATERIALS. Contractor agrees to pirwide where a0propriate, at his or her own costs, complete press materials, including but not limited to black and whlte glossy photographs, biographic descriptions, and program materials, not less than six (6) weeks prior tote initial event'date. All publicity and promotional materials released to the media by the Contractor shall credit the City of Kent fort rts support of the event or project. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by thls Agreement and that the kontractor has the ability to control and direct the performance and details of its work, the City being interested only in the results gbtained under this Agreement. V. EVALUATION. The Contractor shall have the �uthority 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 Cor tractor agree$ to comply with all federal, state and municipal laws, rules and regulations that are now effective or in I the future become applicable to Contractor's business, equipment, and personnel engageJ in operationo 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. j i i i CONTRACTOR SERVICES AGREEMENT (Under S10,000—Instructor) I I I Page Two - Harts Gymnastic Center - David Hart j Fall Quarter 2012 Day and session Mondays August 27 - September 24, October 1-22, Nove4er 5-26, December 3-31 Tuesdays August 28 - September 25, October 2-23, Nove ber 6- 27 DeceBnber 4-18 1 i Wednesday August 29 - September 26, October 3-24, Nove ber 7 - 28, December 5-26 Thursday August 30 - September 27, October 4-25, No ber 1-29, December 6-27 Saturday September 1-29, October 6-27, November 3-24,(December 1-221 i I Class Time_BLAoes I 16 months - 3 years Saturdays - 9:00 - 9:45 �.m. i Ages 3 - 5 years Mondays - 5:00-5:45 p.� & 11:00 - 1]:45 a.m. Tuesdays - 6.00 - 6:45 M. Wednesdays - 5:00 - 5: 5 p.m Thursdays - 5:00 - 5:45 .m. & 6:00 - 0:45 p.m. Saturdays - 10:00 - 10: 5 a.m. & 11.001- 11:45 a.m. Boys Gymnastics Tuesdays - 6:00- 6:55 pm. Wednesdays - 5.00 - 5:55 p.m. Thursdays - 5:00 - 5:55 b.m. Girls Gymnastics Mondays - 6:00 - 6:55 p m. Tuesdays - 5:00 - 5:55p.m. &6:00 - 6:35 p.m. Wednesdays - 5.00- 5:5 p.m. Thursdays -- 6:00 - 6 55 .m / 5:00 - 5 $5 P.M. Saturdays - 10:00 - 10 55 a.m / 11:00 1 11:55 a.m. Gymnastics Came Wednesday - Friday 8:60 - 3:00 p.m.. December 26, 27, 28 1 ! I � I i 1� i I CONTRACTOR SERVTCFS AGREEMENT (Under S10,000-Instructor) [x] c.vry I KAt,i V K J&KV Il"AGREEMENT (Under$10,000—Instructor) [2- I I i VII. INDEMNIFICATION. Contractor shall defend,jIndemnify and hold the City, Its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, Including all legal costs and attorney fees, arising out of or in conneddon 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 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 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 Exhiblt 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 program materipis 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 party may terminate this Agreement, with or without cause, upon providing the other party seven (7) Calendar days written notice at its address set forth on the signature block of this Agreement. XI. MISCELLANEOUS PROVISIONS. A. Recy�.Lable Materials. Pursuant to Chapter 3180 of the Kent City 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. S. Non-Walver of Bre h. The failure of the City to insist upon strict performance of any portion contained in this Agreement, in one or more instances 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 Dis-R!jtes and Governiag_Law, This Agreement shall be governed by and construed in accordance with the laws of the State of W=ington. If the parties 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 e1cclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In anX claim or lawsjuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal dosts and attorney's fees incurred in defending or bringing such claim or lawsuit; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written NolM. 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 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. [X] of the non-assigning party shall be void. 131 r F. Modification, No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed qy a duly authorized representative of the City and Contractor. CONTRACTOR SERVICES AGREEMENT-2 (C.rnder 310,000—Inslrucra) c i G. Entire Agreement The written provisions a0d terms of thls Agreement, together with any Exhlblts attached hereto, shall supersede all prior verbal statements of arhy officer or other representative of the City, and such statements shall not be effective or be construed a$ entering 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 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 OF KENT: By: d116� By: (sign esig at re Print Name: �G�\! lrkC�,r l Print ame: Lori F�o�_ Its Its: creation & C l S es S endan DATE If(Z^le) DATE}�� )f Z NOTICES TO BE SENT TO: NOT CES TO BE SlIfNT TO: CONTRACTOR: CITY IOF KENT: City oV Kent 220 Fburth Avenue $outh Kent, #A 98032 (telephone) (M)l[856-so00] (telephone) (facsimile) (253)1(856-6000 facsimile) APPR VED AS TO ORM: Kent q1ty Attorney P:\Civil\FORMS\CONTRACT\KentNetContracts\ConsultantAg r�ements\Parks4nstructorAgr-UnderlOK.doc CONTRACTOR SERVICES AGREEMENT-3 (Under$I0,000—Instructor) j