HomeMy WebLinkAbout25-006 - Contract - Ricky Thatsanavongsa - Instructor: Youth Kung Fu25-006
Council Approval N/A
o�AGREEMENT FOR INSTRUCTIONAL SERVICES
THIS AGREEMENT is entered into by and between the City of Tukwila, Washington, a non -charter optional
code city hereinafter referred to as "the City," and Ricky Thatsanavongsa, hereinafter referred to as "the Instructor."
WHEREAS, the City has determined the need to have certain services performed for its citizens but does
not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Instructor perform such services pursuant to certain terms and
conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree
as follows:
Performance Designation. The Instructor is retained by the City to perform Kung Fu Instruction services
("Services") as further defined in Section 2 below, in connection with the project titled Kung Fu.
2. Scope of Services. The Instructor agrees to perform the services described and specified below, including
the provision of all labor, materials, equipment and supplies.
Instructional Service(s) Kung Fu Instruction for Youth
Address of Service 1242442 nd Ave S —Tukwila, WA 98968
Dates/Times of Service Weekly Classes January 2025 -December 2025
Time for Performance. Work under this contract shall commence upon the giving of written notice by the
City to the Instructor to proceed. The Instructor shall perform all services and provide all work product
required pursuant to this Agreement at the agreed upon date(s) and time(s), unless alternate arrangements
are granted by the City.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January
1, 2025, and December 31, 2025, unless sooner terminated under the provisions hereinafter specified.
5. Payment. The City shall pay the Instructor at a rate of 80% of Collected Revenue minus Tax Collected.
for a total sum not to exceed $9000 for the full performance and services required under this Agreement. If
this Agreement is terminated prior to completion, the city shall pay only for the portion of such services and
performance actually completed by the Instructor.
6. Record Keeping and Reporting. The Instructor's records and accounts pertaining to this Agreement are to
be kept available for inspection by representatives of the City and the state of Washington for a period of
three (3) years after final payments. Copies shall be made available upon request.
7. Ownership and Use of Performance. All performances, artistic works, or products produced by the
Instructor in connection with the services rendered under this Agreement shall be the property of the City
whether the performance for which they are made is executed or not, The Instructor shall be permitted to
retain copies, including reproducible copies, of performances, artistic works for information, reference and
use in connection with the Instructor's endeavors. The Instructor shall not be responsible for any use of the
said performances, artistic works, products, or other materials by the City on any performance other than the
performance specified in this Agreement.
8, Promotional Material. All promotional material shall be reviewed and pre -approved by the City prior to its
release and distribution.
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9� Substitute Instructor; Cancellation. In the event that the Instructor is unable to teach the
scheduled activity duo to iUnnou or other reason on the instructor's behalf, it mhoU be the mol* responsibility
of the Instructor to coordinate and schedule a substitute instructor to teach the scheduled activity. Any and
all substitute instructors must bepre-approved bytheCityondmeetpre-wx|sdingoonditionafur[natructons.
Substitute instructors shall be considered sub -contractors and will be paid at the discretion of the Instructor
listed on this Agreement. In the event that the Instructor is unable to teach the scheduled activity and is
unable tmcoordinate asubstitute instructor, it shall bethe responsibility of the Instructor tonotify the students
of class cancellation. In the event that the City cancels aoohedu|ad ecUvity, it shall be the responsibility of
the City tonotify students rfclass cancellation
10. Compliance with Laws. The Instructor shall, in performing the services contemplated bythis Agreement,
faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to
the services tobarendered under this Agreement.
11. Indemnification. The Instructor shall defend, indemnify and hold the City, its offioera, agente, of5oa|s,
employees and volunteers harmless from any and all claims, injuries, damages, [wmsas or suits including
attorney fees, arising out oforinconnection with the performance cfthis Agreement, except for injuries and
damages caused bythe sole negligence ofthe City, Should acourt ofcompetent jurisdiction, determine that
this Agreement is subject to RCVV4.24.115. them. in the event cfliability for damages arising outofbodily
injury to persons or damages to property caused by or resulting from the concurrent negligence of the
Instructor and the City, its mffimecs, officials, employees, and vo|unhaem, the Instructor's liability hereunder
shall beonly tothe extent ofthe Instructor's negligence. It isfurther specifically and expressly understood
that the indemnification provided herein constitutes the Instructor's waiver ofimmunity under Industrial
|noumeooe. Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties. The provisions of this section obaU survive the expiration or termination of this
Agreement.,
12 bmmuranom- Prior tothe commencing the Services, the Contractor shall procure and maintain for the duration
of the Agpeement, insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the Services provided pursuant to this nt by the
]nxdruotor, his/her agents, repnasemtadives, employees or oub-oontneobuoy. Instructor's maintenance of
insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of
the |msdmcbortqthe coverage provided bysuch insurance, orotherwise |im|tthoCity'aneoournetoanynemedy
available mtlaw orin, equity.
A. Minimum Scope oyInsurance. Instructor shall obtain insurance ofthe types and with the limits
described below
1. $1.0DU.@UUeach occurrence,
$2,000,000 general aggregate and $2,000,000 products -completed operations aggregate|imiL
The City shall be named as an insured under the Contractor's Commercial General Liability
insurance policy with respect tothe work perfwrmedforthe City.
2.Workers' coverage anrequired bythe Industrial Insurance laws ofthe State mf
Washington.
B. Other Insurance Provision. The. Instructor's Commercial General Liability insurance policies are to
contain, orbe endorsed to contain that they shall be primary insurance with respect to the City. Any
insurance, sekf-inaunomce.orinsurance pool coverage maintained bythe City shall beexcess ofthe
Contractor's insurance and shall not contribute with it.
C. Verification of Coverage. Instructor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited' tothe additional insured
endorsement, evidencing the insurance requirements of the Instructor before commencement of the
mmm.
D. Notice ofCancellation. The Instructor shall provide theCity and all Additional Insureds for this work
with written notice of any policy cancellation, within two business days of their receipt of such notice.
VmTp2713286mQC�1113175.000001/} Page 2uf6
E, Failure toMaintain Insurance. Failure oothe part mf the Instructor to maintain the insurance as
required shall constitute amaterial breach ofcontract, upon which the City may, after gih/iogfive
business days' notice to the Instructor to correct the breach, immediately term:inate the contract or, at
its discretion, procure orrenew such insurance and pay any and all premiums in connection
therewith, with any sums moexpended toherepaid tothe City ondemand, uratthe sole discretion of
the City, offset against funds due the Instructor from the City.
13. Independent Contractor. The Instructor and'theCity agree that the Instructor is an independent contractor
with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be
considered to create the relationship cfemployer and employee between the parties hereto. Neither the
Instructor nor any employee of the Instructor shall be entitled to any benefits accorded City employees by
virtue of the memioao provided under this Agreement The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to the, Unntruotmr, or any employee of
the Instructor.
14. Discrimination Prohibited. The Consultant, with regard tothe work performed byitunder this Agreement,
will not discriminate on the grounds of race, nd|gkm, creed, color, national origin, age veteran status, oex,
sexual orientation, gender idemtihy, marital atatua, political affiliation or the pnaoemma of any disability in the
selection and retention cf employees orprocurement ofmaterials orsupplies.
15. Assignment. The Instructor shall not sublet or assign any of the services covered by this Agreement without
the express written consent ofthe City.
18. Non -Waiver. Waiver bythe City ufany provision nfthis Agreement orany time limitation provided for in this
Agreement shall not constitute uwaiver ofany other provision.
17. Terrn|madon, The City nmeon/em the right toterminate this Agreement etany time by giving thirty (30) days
written notice to the Instructor at the address listed on this Agreement. The Instructor may terminate this
Agreement by giving notice at least thirty (30) days prior to the date for commencement of services as
described in this Agreement. Written notice mbaU be provided to the City at the address listed in this
Agreement.
18. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in
accordance with the, laws ufthe State ofWashington. |mthe event any suit, arbitration, orother proceeding
is instituted toenforce any ternmuftheAgneemantthepadiesapecifioaUyuodemetandaudaQreethotvemue
shall beproperly laid imKing County, Washington, The prevailing party iosuch action shall' beentitled toits
attorney's fees and costs ofsuit.
19. Notices. Any and all notices shall begiven tothe parties atthe address listed below nnthis Agreement.
20. Integrated Agreement. This Agreement, together with any attachments or addenda, represents the entire
and integrated Agreement between the City and the Instructor and supersedes all prior negotiations,
representations, oragreements written ororal. Nnamendment ormodification ofthis Agreement shall beof
any force oreffect unless itisimwriting and migmedbythe parties.
21. Severability and Survival. If any term, condition or provision of this Agreement is declared void or
unenforceable or limited in its application oreffect, such event shall' not affect any other provisions, hereof
and all other provisions shall remain fully enforceable. The provisions of this 4gneememt, which by their
sense and context are reasonably intended to survive the completion, expiration or cancellation of this
Agreement, shall survive termination ofthis Agreement.
22. The instructor shall complete aW-9 form and such form shall be attached to this Agreement.
DATED this, _____day of 28__�
INSTRUCTOR:
71
ZZ �a&
(signjOure)
Ricky Thatsanavongsa
(name)
3323 NE 12th ST Unit 304
(address)
Renton, WA, 98056
(city, state, zip)
206),427-0071
(phone number)
(DTP2713286.DOC; 1113175.0000011 ) Page 4 of 6
CITY OF TUKWILA-
(signature)
(name)
(title)
City of Tukwila Parks and Recreation Department
12424 — 42ncl Avenue South
Tukwila, WA 9816'8
(206) 768-2822
FAX (206) 768-0524
Estimated Contract Value J, 7 0 ri C)
Department Approval
Executive Approval
CA: -
AGREEMENT FOR INSTRUCTIONAL SERVICES
Exhibit A: Class Description, Scheduling, Etc.
Class Description(s):
Youth Kung Fu Instruction
Class Size($):
8-25
Class Schedule(s):
Mondays and Wednesdays 6:00-7:30
Class Location(s):
Tukwila Community Center --12424 42n" Ave S — Tukwila, WA 98168
Class Substitute(s):
N/A
(DTP2713286. DOC: 1 /13175,000001/ ) Page 5 of 6
AGREEMENT@ - INSTRUCTIONAL
Exhibit ■ Contract Coding
Item #
Description ( chain« s)
G L Key
G L 0W ec!
. L Key
JL Object
Amount a
1
Youth Kung Fu Instruction
PR00 08
541011
11600705
6805000
$9000
2
3
.
4
5
S
.
7
B
g
!0
.
Total:
$9000
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