HomeMy WebLinkAboutContractDocusign Envelope ID: C8DCDD0F-2E30-4D9D-B6A8-DE8358F8229C
RECREATION INSTRUCTOR AGREEMENT FOR PICKLEBALL
CLASSES
THIS AGREEMENT, dated for reference purposes only as June 1, 2025, is by and between the City
of Renton (the "City"), a Washington municipal corporation, and Monster Leap Inc.
("Consultant"), a Washington corporation. 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 Pickleball Classes 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 June
1, 2026.
4.Compensation:
A.Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $20,000.00, 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/Perfect Mind) and pay for the classes in advance. Consultant will be paid a
percentage 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
CAG-25-200
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based on the total amount of resident registration fees collected at the end of each
calendar month 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 in performance
of 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.
5.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 work done following the effective date of
termination unless authorized in advance in writing by the City.
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6.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 use 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.
7.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.
8.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.
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successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M.Waivers. All waivers shall be in writing and signed by the waiving party. Either party'sfailure to enforce any provision of this Agreement shall not be a waiver and shall notprevent either the City or Consultant from enforcing that provision or any otherprovision of this Agreement in the future. Waiver of breach of any provision of thisAgreement shall not be deemed to be a waiver of any prior or subsequent breachunless it is expressly waived in writing.N.Counterparts. The Parties may execute this Agreement in any number ofcounterparts, each of which shall constitute an original, and all of which will togetherconstitute 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
By: _ __.G_M5'f-::e;;�:i'ilr!l,e;l!!e�!IEB��4;.,,..£ ___ v_a_n_c_1_e_a _v_e_ Maryjane Van Cleave Parks and Recreation Administrator
6/13/2025 I 1:54 PM PDT Date
Approved as to Legal Form
By:-----------Blythe Phillips Assistant City Attorney
PAGE lOOF 11
CONSULTANT
I.Signed by: By: ����,j=FE::�n g Millie Leung Owner
6/6/2025 I 11:12 AM PDT Date
Approved by Blythe Phillips via email 5/27/2025l