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HomeMy WebLinkAboutPW14-074 - Original - Anne Lowe - Senior Computer Classes - 04/14/2014l ecords M em KENT D ocument WAgHINGYAi CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to city cterks office. All portions are to be completed. If you have questions, please contact city clerk's office' Vendor Name:A^( -n.^l€ Vendor Number:(5 olq\e JD Edwards Number -Contract Number: This is assigned by City Clerk's Office ) Project Namei Description: ! Interlocal Agreement D Other: fl Change Order n Amendment ! Contract Contract Manager@DePartment:Sa.r\"rJ Detail: (i.e. address, location, parcel number, tax id, etc'): Contract Effective Datel .{q Termination Date: Contract Renewal Notice (DaYs): Number of days required notice for ination or renewal or amendment o S : Publ lc\RecordsManagement\Forms\ContractCover\adcc7B32 | tLl 08 KENT WA9HINOTON CONTRACTOR SERVICES AGREEMENT between the CitY of Kent and Anne Lowe THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the ,,City"), and Anne Lower organized under the laws of the State of Washington, located and doing business at 10102 SE 1088 St, Renton, WA, 98055 (253) 554-7085 (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Description: Educational Outreach: Start Time/Duration/StoP Time: Day, Date, Year: Computer Instruction Computer Class 9:00 am - Noon Session 1: Monday, APril 14-2812014 Session 2: Monday, July 7-2112014 Event Location:Kent Senior Activity Center Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted profeisional practices in effect at the time those services are performed. il. COMPENSATION. The City shall pay Contractor the total sum of $72.00 for Session 1 and for Session 2. Two students minimum for the work to be performedunder this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. Compensation is basei on ,u.."sful completion of the entire class or proglam' In the event of inclement weather or other unforeseen circumstances that require a class to be cancelled, it will either be rescheduled or compensation will be adjusted to reflect the actual number of sessions taught. ilI. 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 p.ogru- 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. PERFORMANCE SPACE. The city agrees to furnish, at its sole cost and expense, a place of performance on the date(s) and at the time(s) contained in Section I. The City shall also provide ushers, house manager, and box office staffand any additional services and personnel as required, for the efficient operation ofthe engagement. Other arrangements will be the responsibility of the City and Contractor as follows below: v. NDEPENDENT CONTRACTOR. The parties intend that an lndependent contractor-Employer Relationship will be created by this Agreement and that ihe Contractor has the ability to control and direct the performancl and details of its work, the City being interested only in the results obtained under this Agreement. CONTRACTOR SERVICES AGREEMENT. I (Under $10,000 - Larger Organization) VI. 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 CrW's general right of inspection and supervision to secure the satisfactory completion thereof. Contractor agrees to cooperate in this ev-aluation pro."tr and to make available to the City all information required by such evaluation process. Contractor agrees to comply with all federal, state and municipal laws, rules, and regulations that are or may in the future become afptcable to ^Ctntractor or Contractor's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. VII. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the perfonnance of the contract work and shall utilize all protection n"".sury for thdt purpose. All work shall be done at Contractor's own risk, and Contractor shall be ,6pontibl. for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. .11111. 1IDEMNIFICATION. Contractor shall defend, indemniS, and hold the City, its officers, offtcials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal "osis und atto-rney fees, arising out of or in conneciion with the Contractor's performance of this Agreement, except for that portion of the injuries unJ durnug"s caused by the City's negligence, including assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction delivered in accordance with this Agreement constitutes an infringement of any copyright, patent trademark, trade name, or otherwise results in unfair trade practices. The City's inspection or acceptan"" oi uny oi 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 this Agreement' insurance as 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 participdnts for Contractor's use in competition with City programs' X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agteement or any subcontract, the Contractor, its subcontractors, or any person acting on behalfofthe Contractor or subcontractor shall noi, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory' mental, or physical disability, disciiminate against uny p.rson who is qualified and available to perform the work to which the "*ployrn"nt relates. Contractor shall executi the attached City of Kent Equal Employment Opportunity Policy peclaration, Comply with City Administrative Policy |.2, and upon completion of the contract work, file the attached Compliance Statement. XI. TERMINATION AND BREACH. Either party may terminate this Agreement, with or without cause, upon providing the other party ninety (90) days written notic" at its address set forth on the signature block of this Agreement. All costs incuned by the City due to Contractor's failure to comply with the terms and conditions of this Aleement shall be the responsiUitity of the Contractor. The City may deduct its costs from any payments due to the Contractor or pro-rate the Agreement amount based upon the actual time of Contractor's performance compared to the contracted performance schedule. XII. IMPOSSIBILITY OF PERFORMANCE. Outdoor performances are considered "rain or shine." ln the event that extreme inclement weather renders an outdoor performance impossible, the City will attempt to arrange an alternate performance space and Contractor will employ its best efforts to provide the contract work in that alternate performance space. Thi Contractor shall be under no liability for failure to perform in the event that such failure is faused by or due to acts or regulations of public authorities, civil tulmut, strike, epidemic or any other cause beyond the control of Contractor. In the Jvent of a failure to perform as provided in this section, neither party shall be liable for the balance of the Agreement. CONTRACTOR SERVICES AGREEMENT . 2 (Under 810,000 - Larger Organization) X[I. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. pursuant to Chapter 3.80 of the Kent City Code, the City requires its Contractors to use recycled uno ..qotuUt" p.aucts whenever praciicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreem.rrt, "ontui*d inlhi, Ag.eement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed UV Td construed in accordance with the laws of the State of Wurhington. 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 claimlshall only 6e by filing suit exclusively unJer the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, ,irrl"r, the parties agree in writing to an alternative dispute resolution process. In any claim or laws=uit for damage, u"riring from the parties' p--erformance Jf tnis Agreement, each party shall pay all its legal costs and attorney,s fees incurred in"defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; previdgd, howevir, nothilng-in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on ttt" rignut * puge of the Agreement, unless noiifi"d to the contrary. Any written notice hereunder shall become effective three (3) busineis days aftei the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to ihe 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 parly without the written consent of the non- assigning party shall be void. If the non-assigning parf gives its consent to any assignment, the terms of this Agreement shai coritinue in full force and effect and no further assignment shall be made without additional written consent. 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. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, r6at rfrlrr"Ar utl prior verbal siatements 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. ,All of the above documents are hereby made a part of this Agreement. However, should any language in any of-tne Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and 1."gutaiion-tnat are now effective or in the futurq become applicable to Contractor's business' equipment' and personnel enlaged in operations covered by this Agreement or accruing out of the performance of those operations. CONTRACTOR SERVICES AGREEMENT - 3 (Under $10,000 - Larger Organization) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below CONTRACTOR: (signature) Print Name: Its (Title) DATE CITY OF KENT: Print Its Recreation SuPerintendent DA NOTICES TO BE SENT TO: CONTRACTOR: (telephone) NOTICES TO BE SENT TO: CITY OF KENT: Cindy Robinson-Parks Program Coordinator Kent Senior Activity Center City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5 162 (telephone) (253) 85 6-61 50 (facsimile) AS TO FORM: Kent City Attorney !lcidl\Fo&Vs\CoNrucNddconhd\comllblA3..d6b\P&Pdd6A9-uc'Undrt0Kd@ CONTRACTOR SERVICES AGREEMENT - 4 (Under $10,A00 - Larger Organization) ,\ EXHIBIT A INSURANCE & INDEMNITY REQUIREMBNTS No Insurance is required for this Contract.