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Home My WebLink AboutCAG2013-0895 - Extension - Harts Gymnastic Center - Spring Summer Quarter 2013 - Gymnastics Class - 03/30/2013 gg ti Y 3 ��•. Records M � em �en KENT Document WASHINOTON 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: q yy J JD Edwards Number Contract Number: I � l3 -a l I This is assigned by Deputy City Clerk Description: SprinalSummer Quarter - 2013 Detail: + a 1cLcS92 LG� Project Name: n a Contract Effective Date: 3/1/2013 Termination Date: 8/31(2013 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Department: Parks - Kent Commons Abstract: S:Public\RecordsManagement\Forms\ContractCover\ADCU832 07/02 it R-17-2013 08:52 From: To:12538566000 Pase: 1/4 KENT PERSONAL SERVICES AGREEMENT between the City of Kent and Hprt� Gymnastic r THIS AGREEMENT is made between the City of Kent, a 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 8 St. NW Suite C, Auburn, WA 98001 (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Spring/Summer Quarter 2013 See Page Two — Gymnastics 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 effect at the time those 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 that the Contractor has satisfactorily completed ail services and requirements specified in this Agreement. 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 for its support of the event or project. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer "Glationship will be treated 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 City and shall be subject to the City's general right of Inspection and supervlslon to secure satisfactory completion. Contractor agrees to cooperate in this evaluation process. VI. CONTRACTOR'S WORK AND RISK. The Contractor agrees 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 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, tools, or other articles used or held for use in connection with the work. CONTRACTOR SERVICES AGREEMENT (Under$10,000—instructor) APR-17-2013 08:53 From: To:12538566000 Pase:2�4 Page Two - Harts Gymnastic Center - David Hart Spring/Summer Quarter 2013 I pay and session Mondays April 1-22, April 29-May 20, June 3-24, July 1-29, August 5-26 Tuesdays April 2-30, May 7-28, June 4-25, July 2-30, August 6-27 Wednesday March 27-Aprll 24, May 1-22, May 29-June 19, June 26-July 24, July 31-August 21 Thursday March 28-April 25, May 2-23, May 30-June 20, June 27-July 25, August 1-22 Saturday March 30-April 27, May 4-25, June 1-22, June 29-July 27, August 3-24 Class Time &Aae$ 16 months - 3 years Saturdays - 9:00 - 9:45 a.m. Ages 3 - 5 years Mondays - 5:00-5:45 p.m. Tuesdays- 6:00 - 6:45 p.m. Wednesdays - 3:00 - 3;45 p.m. &5:00 - 5:45 p.m Thursdays - 5:00 - 5:45 p.m. & 6:00 - 6:45 p.m. Saturdays - 10:00 - 10:45 a.m. & 11:00 - 11:45 a.m. Boys Gymnastics Tuesdays - 6:00- 6:55 p.m. Wednesdays - 5:00 - 5:55 p.m. Thursdays - 3:00 - 5:55 p.m, Girls Gymnastics Mondays - 5:00 - 5:55 p.m. &6;00 - 6:55 p.m. Tuesdays - 5:00 - 5:55p.m. & 6:00 - 6:55 p.m. Wednesdays -5:00- 5:55 p.m, & 6:00 -6;55 p.m. Thursdays -6:00 - 6:55 p.m /5:00 - 5:55 p.m. Saturdays - 10:00 - 10:55 a.m/ 11:00 - 11:55 a.m. Gvniiiiastics Gainp Wednesday - Friday 8:00 - 3:100 p.m. Aprll 10-12 Monday-Friday 8:00 - 3:00 P.M. July 15-19 August 12-16 I I CONTRACTOR SERVICES AGREEMENT (Under$10,000-Instructor) RPR-17-2Oi3 08:54 From: To:12538566000 Paee:3/4 VIZ. INDEMNIFICATION. Contractor shall defend, indemnify 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 connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the Clty'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 6r termination of this Agreement. VIII, INSURANCE. The Contractor shall procure and maintain for the duration of the I j 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 program materials for any purpose outside this j Agreement including, but not limited to, solicitation of participants for Contractor's use in competition with City programs. _ I i 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 j forth on the signature block of this Agreement. i XI. MISCELLANEOUS PROVISIONS. � I A. Re Table Materials. Pursuant to Chapter 3.80 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. e. Non-Waiver• of Breach, 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 Qf Disputos and Governing I .1w, This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 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 exclusively 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 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 'n defending or bringing such claim or lawsuit; pmvided, however, nothing in this paragraph shall be :onstrued to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notigg. All communications regarding this Agreement shall be sent to the,parties at .he addresses listed on the signature page of the Agreement. Any written notice hereunder shall become affective three (3) business 'days after the date of mailing by registered or certified mall, and shall be leemed sufficiently given If sent to the addressee at the address stated in this Agreement or such other iddress as may be hereafter specified in writing. I E. Assigpment, Any assignment of this Agreement by either party without the written consent i f the non-assigning party shall be void. F. Modification. No waiver, alteration, or modification of any of the provisions of this i greement shall be binding unless in writing and signed by a duly authorized representative of the City id Contractor. �NT'RACTOR SERVICES AGREENEENP-2 'nder$10,000—Inso wcfor) APR-17-2013 08:58 From: To:12538566000 Paee:4�4 G, Entire agreement. The written provisions and terms of this 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 construed as 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 eicecute this Agreement, which shall become effective on the last date entered below. i , CONTRACTOR, CITY OF KENT: /By: �� i I s - I (sig atyge) .� (signature) Print Print Name:_Lori Hogan Its _ Its: Recreation & Cultural ServiceG Sutendant (Title) (rtle) DATE; "-' . _ _ . . _.—.__.... - - "DATE- - I i NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: , CITY OF KENT: City of Kent 220 Fourth Avenue South Kent, WA 98032 (telephone) (253) [856-50003 (telephone) (facsimile) (253) (856-6000 (facsimile) APPROVED AS TO FORM: I Kent City Attorney ! i i P:\Civll\FORMS\CONTRACT\KentNetContracts\ConsultantAgreements\ParksInstructorAgr-UnderlOK.doc I i i :ONTRACTOX SERVICES AGREEWNT-3 Under 810,000-Instructor) _,