The URL can be used to link to this page

Home My WebLink AboutCAG2013-0895 - Original - Harts Gymnastic Center - Winter Quarter 2013 - Gymnastics Class - 01/02/2013 \ i� 10 Records M r genie` w r,enixorox �� ,�,ln Document r r , 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: ` �S Vendor Number: /&3ZtOOD g JD Edwards Number Contract Number This is assigned by Deputy City Clerk Description: winter Quarter - 2313 Detail: n Project Name: n a Contract Effective Date: 7 7 2013 Termination Date^_3t31//2013 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Tom HeU -Pram. C aordinator Department: Parks - Kent Commons Abstract: II S:Public\RecordsManagement\Forms\ContraciCover\ADCL7832 07102 N-09-2013 08:33 From: To:12538566000 Pa9e:1�5 ®`•r/ KENNTT w.enixa,ax 'i PERSONAL SERVICES AGREEMENT between the City of Kent and Harts Gymnastic Center 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 6 St. NW Suite C, Auburn, WA 98001 (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shelf perform the following services for the City: Winter 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 ( 8O%) of class revenue for the work to be performed under this Agreement, upon the City's determination that the Contractor has satisfactorily completed all 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 Relationship will be created by this Agreement, and that the Contractor..has-the, abjlity-_to.control and direct-the_ .._ - pef Furiance and'deta'ifs 6F16 work, the City 6eing 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 supervision 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-Instrucla) JAN-09-2013 08:35 From: To: 12538566909 Paee:3/5 EMOIT A INSURANCE &'INDEMNITY REQUIREMENTS FOR " CULTURAL PERFORMANCE AGREEMENTS Insurance j The.Contractor shall procure attd maintain for iho duration of the Agreement,insurance against claims for injuries tapersons or damage to property which may arise.7kom or in. coriaection with the performance of the w6rk,hereunder by the Contractor,their agents, representatives,employees or subcbntractoi•s. A .Minlinum Scope ofInsurance • Conh�actors.Itallobtain�insivanceafthetypes'describedbelow; 1• Commercial General Liability Insurance shall be written on ISO ' occurrence form CG 00 01 and shall cover liability arising from, prerolses,operations',-independent contractors;pioduots,completed operations,personal injuriyy and advertising injury,and liability, assumed under an itrstued contract.The Commercial Qenetei Liability insuranca shall be endorsed to provide the Aggregate Per project Endorsement ISO fornr.CG 25 03 1185. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising ix'om explosion,collapse or underground property damage, The City shall be named as an insured under the Contractor's Commercial 0eneral-Liability,insurance policy with respect to the work performed for the City ugmISO additional insured endorsement CO 2010 1185 or a subs Into endorsement I providing equivalent coverage. D. Minimum•Amountg of Insurance• ; Contractor shall maintain the following insurance limits: ' `l. Commeroiiif General Liability insuraneb sha116e written,with limits no less than$1,000,000 each occurrence,$1,000',000 general aggregate and a$1,000,000 pxodubtg-coinpleted operations aggregate limit. Other Insurauco Provisions The insurance policies are to contain,or be endorsed to contain, the following provisions for Commercial General Liability insurance: I. Tho Contractor's insurance coverage shall be primary insurance as respeof the City. Any Insurance,self-insurance,or insurancepooi coverage 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 etrdotsed to state that coverage shall not be cancelled by either party,•except after thirty(30)days prior rrn'iiten notled by certified mail,returnreoeiptrequesfed,has been given to the City, SFIN-09-2013 08:35 From: To:12538566000 Paee:9/5 VII. INDEMNIFICATION. Contractor shall defend, indemnify y 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 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 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 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. Recyclable 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. i B. 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 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 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, unlesSJh_p parties.agree in... -. . - -writing to an.alternative-dispdte'resolution process. I any claim or lilwsult 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; 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 Notice. 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. F. Modification. No waiver, alteration, or modification 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. CONTRACTOR SERVICES AGREEMENT.2 (Under$10,000-Instructor) I JAN-09-2013 08:34 From: To:12538566000 Pase:2�5 Page Two - Harts Gymnastic center - David Hart Winter Quarter 2013 Day and session Mondays January 7-28, February 4-25, March 4-25 Tuesdays January 8-29, February 5.26, March 5-26 Wednesday January 2-23, January 30-February 20, February 27-March 20 Thursday Janaury 3-24, January 31-February 21, February 28-March 21 Saturday January 5-26, February 2-23, March 2-23 Class Time &Anes 16 months - 3 years Saturdays - 9:00 - 9:45 a.m. i 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 - 5:00 - 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 - 2:00 - 2:55 p.m. & 5:00- 5:55 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. __Gymnastics Camu_. _._ _ ._. ..,. Wednesday , Friday--St00--�3:00-gym:• �-- ----� �-�, -- .... _. ...... . .. .. December 26, 27, 28 I CONTRACTOR SERVICES AGREEMENT (Under$10,000-Instructor) JAN-09-2013 08:36 From: To:12538566000 Paee:5/5 G. Entiree Agre ment. The written provisions and terms of this Agreement, together wi th 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 execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: `� J= By: U�ci�9�at,� (slg at r ) Print Name: _ Print Name: L Ho Its !fin) e ----.-.,_Title -.Its:- ere n- erA . Tnt ant � DATE: M.12-61,-L- ) DATE: 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) [856-5000] (telephone) (facsimile) (253) (856-6000 (facsimile) APPROVED AS TO FORM: Kent City Attorney P:\Civil\FORMS\CONTRACT\KentNetContracts\ConsultantAg reements\ParksInstructorAgr-UnderlOK.doc i i I' i CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000—1 actntcrdr)