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HomeMy WebLinkAbout5.757 Original Contract 5.757 PROGRAM AGREEMENT 'THIS AGREEMENT is made and entered- into this 2 ~~ay of D~ber ,2005, by and between Robyn Cayn~ Class Owner and Certified Jazzercise Franchisee, dba Jazzereise -EContraetor), -and the -City of Port Angeles EICity"), a Washington Municipal Corporation. Program agreement effective January 1,2006 to December 31, 2008. In -consideration -of the -mutual -covenants and benefits -contained herein, -the -parties acknowledge and consent to the following: 1. PURP.OSE: The parties mutually desire to offer a "Jazzercise''' program open to-aIl- citizens at the City's Senior Center. 2. OBLIGATIONS: 2.1 Contractor shall provide the following: a. Attendance - Collect and verify monthly attendance to be reported to Senior Center Supervisor by the 5th of the next month. b. Entrance - Unlock and enter via the Multi purpose room south doors. c. Exit - Exit through the Multi purpose room south doors, locking them. -d. Room use - Multi purpose room is scheduled for Jazzerciseclasses Mondays, Wednesdays, Fridays 5:30 a.m. - 8:15- a.m.; Tuesdays & Thursdays, 5:00 p.m. - 6:45 p.m.;_ Saturday mornings 7:30 a.m. - 9:30 a.m. as room rental schedule allows. Room win returned to pre- class conditions or better. Cfaft or card room is scheduled for Jazzercise; p.ersonal- Touch classes Tuesdays & Thursdays, 5:30 a.m. - 8:15 a.m. Room will returned-to pre-class .conditions.or better. e. Scheduled Room use - Notify Senior Center Supervisor of changes in-class schedule-at least two weeks prior to-change. f. Room Use Payment - 2006 room use fees: Contractor agrees to pay the City $15 per dass for each weekday, -evening, and Saturday morniI1g class. 2007 room use fees: Contractor agrees to pay the City $18 per .class for .each weekday~ evening, and Saturday morning class. 2008 room use fees: Contractor agrees to pay the City $20 per class for each weekday, evening, and Saturday moming-class. Payment will be made to the City, at the Senior Center, by the 10th of the next month. Personal Touch Classes - 2006 room use fees: Contractor agrees to pay the City $10 per class for each Personal T .ouch class. 2007 room use fees: Contractor agrees to pay the City $13 per class for each Personal Touch class. 2008 room use fees: Contractor agrees to pay the City $15 per class for each Personal Touch class. Payment will be made to the City, at the Senior Center, by the tOth of the next month. C:\Documents and Setti~gs\DbelIame\MY Documents\SrCtr Data\MOUsContracts\Jazzercise,proagree.l12205.tif.opd.rtf 1 g. Liability Insurance -To provide General Liability insurance written on em occurrence basis with limits not less than $1,000,000 combined single limit per occurrence for personal injury, bodily injury, and property damage. The City shall be named as an additional insured on the insurance poTicy, and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. -Contractor's insurance shall -be primary insurance as respect the City and the City shall be given thirty (30) days prior written notice of any cancellation, suspension or material change in coverage. Failure to maintain acceptable insurance will result in the termination-of this -use-agreement. h. Hold Harmless and Indemnification. The Contractor herby agrees to indemnify, defend, and hold the City, its officers, agents and- employees, harmless from any and all claims, damages, losses, and expenses, occurring, arising, resulting from, or occasioned by or to it or to any third person or property 1?y reason of (1) any acts or omissions on the part of the Contractor, agents, employees, or persons working directly or indirectly in the performance of the Contractor's duties under this agreement, (2) any intentional misconduct (including any dishonest, fraudulent, criminal, or malicious act or any act which is outside the scope of the services set forth in this contract). i. ASCAP and BM! fees - Contractor will pay all royalties required by ASCAP and BM! for commercial use of music during Jazzercise cfasses. TIlls coverage does not apply to music played dUring nOTI- Jazzercise programs at the Port Angeles Senior Services and -Community-Center. J. . Instructors - All instructors contracted by Contractor to teach at the Semm Center will be held-to-,the same requirements -as Class -Owner Robyn Caynak, providing their own liability insurance, first aid kit, required.certifications,-ongoing education, and annual-monitoring. k. Senior 8-week pass - All students requesting the reduced rate Senior Pass will be required to show their current Senior Center Membership card to qualify for the reduced rate. -L :Joining "Fee - "Contractor will collect a per person -":Joining -Fee" from each new class member. Contractor agrees to Pil:Y, to the City, $10 per new class member. 2.2 The City shall provide the following: a. Personnel - Manage the Senior Services and Community Center and are the liaison to J azzercise. b. Building Maintenance & _ Repair - Daily janitorial service, including dust mopping of Multi-purpose room floor and stage; exterior landscaping -and grounds maintenance. City will provide access to facility dust mop, for removal- of tracked in dirt. c. Facility Rental Management - Provide support in all aspects of room -use. d. Storage - Storage may be permitted, on a space available basis, with -prior approval-. -City is not- responsible for loss or damage. C:\Documents and Settings\DbeIlame\My Documents\SrCtr Data\MOUsContracts\Jazzercise.proagree.112205.tii:opd.rtr ' 2 J. ENTIRE AGREEMENT. The terms .and conditions wtitten .herein constitute the entire understanding between the parties. This Agreement shall not be modified or amended except by a wrifmg executed by all parties hereto. 4. RELATIONSHIP OF PARTIES. Contractor is an independent contractor and not an agent or employee of the City. Contractor shall assume full responsibility of all federal, state, and local -taxes and contributions mposed or required, mcluding, but not 1itriited io, ,unemployment insurance, Social Security., ,and income tax withholding.and .shall no(.be entitled to the benefits provided by the City to its employees. Contractor agrees not to make any representation to any third party or to allow any third party to remain an 'impression that Jazzercise'is anemployeem agent of the City. 5. TERMINATION. This understanding may be tetminated by either party if: 5.1 any party fmls to fully comply With .the scope of obligations as speCified above within thirty (30) day:s of.receiving written notice.oftheir alleged failure, or 52 either party serves the other within ninety (9U) days written notice of their intent to terminate. iN WI1NESS '\VHEREOF., :the '~signed ,hav.e duly '.executed -this Memorandum :of Understanding on or about the L-day of -Dtt.L~ b.e.-r ,2005. City of Port A11geles. Recreation Division Contractor- ~ ~~~ah Robyn ynak:, Jazzercl Franchisee Approved as to form 0 : ~ ,<. ,~ William E. Bloor, City Attorney Attest: Becky J. , :ity~ .~ Glenn Cutl~r, Public Works .... & utilities Director C:\Documents and Settings\Dbellame\My Documents\SrCtr Data\MOUsContracts\Jazzercise.proagree.lU205.tiJ:opd.rtf 3