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Home My WebLink AboutCAG2019-304 - Original - Edward Wan - Tai Chi Kung Instruction - 01/01/2018 t � Records T 9 KEN j WASH I NGTON Document��;'"�'' �.,, E 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 Name: Vendor Number: `7 ��/ JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Winter Quarter 2018 - Program Guide Instructor Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment x❑ Contract ❑ Other: Contract Effective Date 01/18 Termination Date 03/18 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Tammy Heldt Department: Parks Recreation/Kent Commons Contract Amount: under $10,000 service/contract agreement Approval Authority: (CIRCLE ONE) Recreation Superintendent City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Class instruction - Recreation Division As of: 08/27/14 KENT PERSONAL SERVICES AGREEMENT WAy� �10� between the City of Kent an Edward Wan oration (hereinafter the a Washington municipal Corp business at of Kent, ton, located and doing THIS AGREEMENT is made between the City Washington OF WORK. Edward Wan organized under ereinafter the laws of h Contractor'Wash�ng and Ed 98059 (h 15118 SE 114th St. Renton, Wa• Contractor shall perform the following services for the City: Winter uarter 2018 Tai Chi Kung Thursda s 1.30 - 2:30 p•m• January 11 - March 1 Min. #3 Max #12 No Class 11/23 Contractor further represents that the servicesn effect the time furnished under those s Agreemet services are will be ed.ormed in accordance with generally accepted professional practices II. COMPENSATION. The City shall pay Contractor the total sum of (70%) 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 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 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 S/0(>pt)-Instructor) VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers harmless from any and all claims, injuries, dama suits, including all legal costs and attorney fees, arising out of or in connection with the Cont performance of this Agreement, except for that portion of the injuries and damages caused t negligence. The City's inspection or acceptance of any of Contractor's work when completed grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreer VIII. INSURANCE. The Contractor shall procure and maintain for the dur Agreement, insurance of the types and in the amounts described in Exhibit A, attached ant by this reference. IX. USE OF CITY MATERIALS. Contractor shall not, without prior written id permission of the City, use participant roster or related program materials for any purposE nis Agreement including, but not limited to, solicitation of participants for Contractor's use in con ith City programs. X. TERMINATION AND BREACH. Either party may terminate this Agreem or without cause, upon providing the other party seven (7) calendar days written notice at it< 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 Cit' its Contractors to use recycled and recyclable products whenever practicable. A price prefer( be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict perform my portion contained in this Agreement, in one or more instances shall not be construed to be or relinquishment of any of the covenants, agreements or options contained in this Agreement, a me shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be govei nd construed in accordance with the laws of the State of Washington. If the parties are unable ny dispute, difference or claim arising from the parties' performance of this Agreement, the excl ns of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the es and jurisdiction of the King County Superior Court, King County, Washington, unless the pars in writing to an alternative dispute resolution process. In any claim or lawsuit for damages ari& ie parties' performance of this Agreement, each party shall pay all its legal costs and attorney's f �d in defending or bringing such claim or lawsuit; provided, however, nothing in this para rE )e construed to limit the City's right to indemnification under Section VIII of this Agreement. g D. Written Notice. All communications regarding this Agreement shall be sent to tf 3t the addresses listed on the signature page of the Agreement. Any written notice hereunder s le effective three (3) business days after the date of mailing by registered or certified mail, E )e deemed sufficiently given if sent to the addressee at the address stated in this Agreement or 2r address as may be hereafter specified in writing. - E. Assignmen . Any assignment of this Agreement by either party without the writ it of the non-assigning party shall be void. F. Modification. No waiver, alteration, or modification of any of the provisi( is Agreement shall be binding unless in writing and signed by a duly authorized representative and Contractor. Y CONTRACTOR SERVICES AGREEMENT-2 (Under$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: T- (sigpature) Y OF KENT: f By:_ L� �� (si natu Print Name: ' G 1GZGti t Name: Lori HogaIts (Title) Its: Recreation & Cultural Services Superintendant Titl DATE: II gIjZel DATE:_ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Er ��reh Tammy Heldt — Program Coordinator / S� City of Kent 525 4th Avenue No. Kent, WA 98032 —� (telephone) (253) [856-5000] (telephone) (facsimile) (253) (856-6000 (facsimile) 7A—PPROVEDAS TO FORM: Kent City Attorney P:\Civil\FORMS\CONTRACT\KentNetContracts\ConsultantAgreements\ParksInstructorAgr-UnderlOK.doc CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000—Instructor)