HomeMy WebLinkAboutCAG2012-2406 - Extension - Anne Lowe - Senior Center: Computer Class Instruction - 05/07/2012 a
Records Ma'n a gernerlt .
KENT
WA,„,.G,o„ Documents
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: t 50 ( y�e
JD Edwards Number
Contract Number: PK( a ' C)°2l
This Is assigned by City Clerk's Office
Project Name: , Yll C .n
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment �`j Contract
❑ Other:
Contract Effective Date: I I I Termination Date: a 31 (?-
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: � Department: �jQ,nl or
Detail: (i.e. address, location, parcel number, tax id, etc.):
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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) 854-7085 (hereinafter the "Contractor").
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Description: Computer Instruction
Educational Outreach: Computer Class
Start Time/Duration/Stop Time: 9:00 am -Noon
Day,Date,Year: Mondays 2012 4-6 times a year for 3 weeps each time
(rotating schedule,if there is enough students)
Event Location: Kent Senior Activity Center
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$72 00 per three week series, 2 students minimum for the work to
be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this
Agreement
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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. PERFORMANCE SPACE. The City agrees to fiirmsh, 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 staff and any additional services and personnel as required, for the efficient operation of the engagement.
Other arrangements will be the responsibility of the City and Contractor as follows below
V. 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
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 City's general
right of inspection and supervision to secure the satisfactory completion thereof Contractor agrees to cooperate in this
evaluation process and to make available to the City all information required b,, such evaluafion process Contractor
agrees to comply with all federal, state and municipal laws, rules, and regulations that are or may in the future become
CONTRACTOR SERVICES AGREEMENT- 1
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applicable to Contractor or Contractor's business. equipment and personnel engaged in operations covered by this
Agreement or accruing out of the performance of such operations
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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 performance of the contract
work and shall utilize all protection necessary for that purpose. 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
VIII. 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, mcludmg 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, 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 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 this Agreement,
insurance as described in Exhibit A,attached and incorporated by this reference. J
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 1
limited to, solicitation of participants for Contractor's use in competition with City programs
X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or ;
any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall
not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental,
or physical disability, discriminate against anv person who is qualified and available to perform the work to which the
employment relates Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 12, 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 notice at its address set forth on the signature block of this
Agreement All costs incurred by the City due to Contractor's failure to comply with the terms and conditions of this
Agreement shall be the responsibility 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
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XII. IMPOSSIBILITY OF PERFORMANCE. Outdoor performances are considered"rain or shine." In 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 The Contractor shall be under no liability for failure to perforin in the event that such failure is
caused 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 event of a failure to perform as provided in this section, neither party, shall be liable for the
balance of the Agreement
XIH. 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
CONTRACTOR SERVICES AGREEMENT-2
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B. Non-Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants
and agreements contained in this Agreement, 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 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 in defending or bringing such claim or lawsuit, in addition to any other recovery or award
provided by law. provided, however, nothing in this paragraph shall be construed to limit the City's right to
indemnification under Section V1I 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, unless notified to the contrary. 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 if the non-assigning party gives its consent to any assignment, the terms of this Agreement
shall continue in full force and effect and no further assignment shall be made without additional written consent
E 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 Aareement. 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 altermp 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 the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement
shall prevail. i
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H. Compliance with Laws. 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
CONTRACTOR SERVICES AGREEMENT-3
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IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered
below.
CONTRACTOR: CITY OF KENT:
By: �� By:
(� (signature) 42ga
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PrintName l-��,� �e�W Print Name: Lori
Its Its Recreation Superintendent
( itle) (Title)
DATE: R 3 1 DATE. /.2 __
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Cindy VandenBerg-Parks Program Coordinator
Kent Senior Activity Center
City of Kent
220 Fourth Avenue South
(telephone) Kent, WA 98032
(facsimile) (253) 856-5162 (telephone)
(253) 856-6150 (facsimile)
APPROVED AS TO FORM:
Kent City Attorney
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CONTRACTOR SERVICES AGREEMENT -4
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EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
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