HomeMy WebLinkAboutContractDocusign Envelope ID: 56AD788E-3538-437C-9A0F-9938053128D0
RECREATION INSTRUCTOR AGREEMENT FOR SENIOR FITNESS
CLASSES
THIS AGREEMENT, dated for reference purposes only as May 13, 2025 is by and between the
City of Renton (the "City"), a Washington municipal corporation, and Steven Schmidt DBA
Kreaky Knees ("Consultant''), a Washington sole proprietor. The City and the Consultant
are referred to collectively in this Agreement as the "Parties." Once fully executed by the
Parties, this Agreement is effective as of the last date signed by both parties.
1.Scope of Work: Consultant agrees to provide senior fitness related classes at the Don
Persson Renton Senior Activity Center as specified in Exhibit A ("Scope of Work"), which
is attached and incorporated herein and may hereinafter be referred to as the "Work."
2.Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually
agreed by the Parties.
3.Time of Performance: Consultant shall commence performance of the Agreement on the
date this agreement goes into effect. All Work shall be performed by no later than May
31, 2026.
4.Compensation:
A.Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $12,500.00 plus any applicable state and local sales taxes.
Compensation shall be paid on a monthly basis according to the rate(s) or amounts
specified in Exhibit A, and the Consultant shall be solely responsible for payment of
any taxes imposed as a result of the performance and payment of this Agreement.
B.Method of Payment. Participants and residents who sign up for the courses described
in this Agreement will register online using the City's registration system Xplor
Recreation and pay for the classes in advance. Consultant will be paid a pe rcentage of
all registration fees collected by the City connected to this Work at a rate equivalent
to seventy (70%) percent of the rate charged to resident participants multiplied by
the number of all registered participants. The City will create an invoice based on the
total amount of resident registration fees collected at the end of each calendar month
CAG-25-177
Docusign Envelope ID: 56AD788E-3538-437C-9A0F-9938053128D0
and process the invoice through its Finance Department. The City will then remit
payment to the Consultant for all Work actually performed within thirty (30} days of
the end of each calendar month.
Consultant shall not accept additional payment from any other party for work
performed under this Agreement. If the Consultant's performance does not meet the
requirements of this Agreement, the Consultant will correct or modify its
performance to comply with the Agreement. The City may withhold payment for work
that does not meet the requirements of this Agreement.
C.Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D.Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
S.Termination:
A.The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10} calendar days' notice to the Consultant in writing. In the event
of such termination or suspension, all finished or unfinished documents, data, studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B.In the event this Agreement is terminated by the City, the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or wo rk done following the effective date of
termination unless authorized in advance in writing by the City.
PAGE20F 10
Docusign Envelope ID: 56AD788E-3538-437C-9A0F-993B053128D0
6.
7.
8.
9.
Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Compliance with professional standards includes, as applicable, performing the
Work in compliance with applicable City standards or guidelines. Consultant further
represents and warrants that all final work product created for and delivered to the City
pursuant to this Agreement shall be the original work of the Consultant and free from any
intellectual property encumbrance which would restrict the City from using the work
product. Consultant grants to the City a non-exclusive, perpetual right and license to use,
reproduce, distribute, adapt, modify, and display all final work product produced
pursuant to this Agreement. The City's or other's adaptation, modification or us e of the
final work products other than for the purposes of this Agreement shall be without
liability to the Consultant. The provisions of this section shall survive the expiration or
termination of this Agreement.
Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant's own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys' fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
Independent Contractor Relationship:
PAGE30F10
Docusign Envelope ID: 56AD788E-3538-437C-9AOF-9938053128DO
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either partys
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
N.Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON IL, DocuSigned by:
By:l!::!::��� �t
Maryjane Van Cleave
Parks and Recreation Administrator
6/2/2025 I 10:16 AM PDT
Date
Approved as to Legal Form
By: __________ _ Blythe Phillips, Assistant City
Attorney
Recreation Instructors Contract Template Updated 4/11/2023
PAGE100f 10
CONSULTANT
By: Jfu W « :SC let � Steve Schmidt
Owner
Date
Approved by Blythe Phillips via email 5/13/2025