HomeMy WebLinkAboutPK14-367 - Original - Harts Gymnastics Center - Spring / Summer Quarter 2014 - Gymnastic Instruction - 03/27/2014 Records M �
E N !
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 Clerk's Office.
Vendor Dame:
Vender Number: 13 4W
JD Edwards Number
Contract Number:
This is assigned by City Clerk's Office
Project Dame; 2014. i rin / unin°ier Prograrn Guide Instructor
Description: 0 Interlocal Agreement ❑ Change Order ❑ Amendment 0 Contract
El Other:
Contract Effective Date: 4114 Termination Date 8/I.
Contract Renewal' Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Tarnm y Heldt Department: parrs p,ecreation/Kent Commons
Contract Amount: under `10,00�O service/contract agreement----` ,
Approval Authority: (CIRCLE ONCE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Class instruction - Recreation Division
As of: 08/27/14
°
o
\,-�7�KK E 14N T
°^°°^""`""
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 B St. NW Suite C' Auburn, DV4 98001 (hereinafter the "Contractor"). `
1^ DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Spr|mg/SonmnmerQuarter 2014
See PagmTm/o — GymmnastYcs 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 atthe time those services are performed.
II~ COMPENSATION. The City shall pay Contractor the total sum of ( 800/0) of class revenue for the
work to be performed under this Agreement, upon the [ity'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 (G) 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-Emp|pyer
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 contnml and direct the performance and
details of the contract work, the work must also meet the approval of the City and sha|i be subject to the City's
general right ofinspection 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 darnag�e to materials, tools, or other articles used or held
for use in connection with the work.
CONTRACTOR SERVICES AGREEMENT
(Under$}0,0D0—Inxtruotod
Page Two - Harts Gymnastic Center- David Hart
Spring/Summer Quarter 2014
Day and session
Mondays March 31-April 28, May 5-June 2, June 9-30, July 7-28, August 4-25
Tuesdays April 1-29, May 6-27,june 3-24, July 8-29, August 5-26
Wednesday April 2-30, May 7-28,June 4-25, July 9-30, August 6-27
Thursday March 27- April 24, May 1-22, June 5-26, July 10-31, August 7-28
Saturday March 29-April 26, May 3-24, June 7-28, July 12-August 2, August 9-30
Class Time &Aaes
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 - 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.- 7:00-7:55 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. - 7:00 - 7:55 p.m.
Saturdays - 10:00 - 10:55 a.m / 11:00 - 11:55 a.m.
Gymnastics Camp Thursday - Saturday 8:00 - 3:00 p.m.
April 8-10
CONTRACTOR SERVICES AGREEMENT
(Under$10,000-Instructor)
E�BIT A.
INSURANCE &•INDEMNITY REQUIREWNTS FOR
CULTURAL PERFORMANCE AGREEMENTS
Insurance
The,Contractor shall procure and maintain for the duration of the Agreement,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 file Contractor,their agents,
representatives,employees or subontractois.
A. ':minimum scope of Insurance-
Contractor shall obtain insurance`of the types'described below;
1. Commercial General Liability insurance shall be written on ISO
occurrence fonn CO 00,01 and shall cover liability arising fiom
premises,operations;-independent contractors;products-completed
operations,personal injury and advertising Wuxy,and liability.
assumed.under an insured-contract.The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form.CO 25 03 1185. There shall be no
endorsement or modification of the Commercial General Liability
insurance for liability arising from explosion,collapse or underground
property damage.The City shall be named as an insured under the
Contractor's Commercial General-Liability,insurance policy with
respect to the work performed for the City using 180 additional
insured endoisement CO20101185 or a substitute endorsement
providing equivalent coverage.
E. Minimum Amounts of Insurance
Contractor shall maintain the following in limits:
1, Commercial General Liability insurance shall be' written with limits
no less than$1,000,000 each occurrence,$1,009,000 general aggregate
and a$1,000,000 products-completed operations aggregate limit.
C. 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 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 endorsed to state that coverage shall not be
cancelled by either party,except after thirty(30)days prior written notice by certified
mail,return receipt requested,has been given to the City.
EXHIBIT A (Continued)
3, The City of Kent shall be named'as an additional insured on all policies(except
Professional Liability)as respects work performed by or on behalf of the contractor
and a copy of the endorsement naming the City as additional insured shall be attached
to the Certificate of Insurance.: The City reserves the-right to receive a certified copy
of all requited insurance policies. The Contractor's Commercial General Liability
insurance shah also contain a clause stating that coverage shall apply separately to
eacli insured against whom claim is made or suit is brought,except with respects to
the limits of the insurer's liability,
A 'Acceptability of Insurers r
Insurance is to be-placed with insurers with a current A.M.Best rating of not less•than.
ANII
Verification of Coveiage
Contractor shall f umish the City with'original certificates and a copy of the amendatory
endorsements,including but not necessarily limited to the additional insured-
endoisement,evidencing the insurance requirements of the Contractor before
commencement of the work,
F- Subconfxactors
Contractor shall include all subcontractofs as insureds under its policies or shall furnish.
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated herein
for the Contractor.
i
VII. 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 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. ;
. 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 I
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 �
)ortion contained in this Agreement, in one or more instances shall not be construed to be a waiver or
'elinquishment of any of the covenants, agreements or options contained in this Agreement, and the same
;hall be and remain in full force and effect. j
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
onstrued in accordance with the laws of the State of Washington. If the parties are unable to settle any
ispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
f resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
nd jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
rriting to an alternative dispute resolution process, In any claim or lawsuit for damages arising from the
arties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
i defending or bringing such claim or lawsuit; provided, however, nothing in this paragraph shall be
)nstrued 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
ie addresses listed on the signature page of the Agreement. Any written notice hereunder shall become
fective three (3) business-days after the date of mailing by registered or certified mail, and shall be
?emed sufficiently given if sent to the addressee at the address stated in this Agreement or such other
idress as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
the non-assigning party shall be void.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
!reement shall be binding unless in writing and signed by a duly authorized representative of the City
d Contractor.
NTRACTOR SERVICES AGREEMENT-2
ider$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 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:
.
B
y• By:
(sig atu,nn�e"")"" (Sig ure)
IU
Print Name: ���yLLd -T Print Name: Lori Ho a
its--z t_c? Its: Recreation & Cultural Services Sunerintendant
12,
(Title) (Title)
DATE:_ �f DATE: $-7- tq
rICESTO BE SENT.TO: NOTICES TO BE SENT TO:
TRACTOR: CITY OF KENT:
Tammy Heldt - Program Coordinator
City of Kent
525 4th Avenue No.
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\ConsultantAgreements\ParksInstructorAgr-UnderlOK.doc
CONTRACTOR SERVICES AGREEMENT-3 {
(Under$10,000-Instructor)
I