HomeMy WebLinkAbout25-010 - Contract - Biff Moss - Musician: Senior Luncheon25-010
Council Approval N/A
4� t_N
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' BiffMoss , 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:
1 Performance Designation. The Instructor is retained by the City to perform Music for Senior Luncheon
services ("Services") as further defined in Section 2 below, in connection with the project titled Music for
Senior Luncheon.
2. Scope of Services. The Instructor agrees to perform the services described and specified below, including
the provision of al] labor, materials, equipment and supplies.
Instructional Service(s) Musician for Senior Luncheon
Address of Service 12424 42nd Ave. S. Tukwila, Wa. 98168
Dates/Times of Service Tuesdays, Jan. to Dec. 2025 From 10:30-11 am and Perform
Ilam to Noon every other week.
3. 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 ending December 31, 2025 , unless sooner terminated under the provisions hereinafter
specified,
5. Payment. The City shall pay the Instructor at a rate of $152.00 per session for a total sum not to exceed
$6,000.00 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. Al'l 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.
JDTP2713286. DOC; 1'113175.000001/) Pagel of 6
Promotional Material. AtIpromotional material shall be reviewed and pre -approved by the City prior to its
release and distribution,
9, Substitute Instructor; Activity Cancellation. In the event that the Instructor is unable to teach the
scheduled activity due to illness or other reason on the instructor's behalf, it shall be the sole responsibility
of the Instructor to coordinate and schedule a substitute instructor to teach the scheduled activity. Any and
all substitute instructors must be pre -approved by the City and meet pre-existing conditions for Instructors.
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 to coordinate a substitute instructor, it shall be the responsibility of the Instructor to notify the students
of class cancellation. In, the event that the City cancels a scheduled activity, it shall be the responsibility of
the City to notify students of class cancellation
10, Compliance with Laws. The Instructor shall, in performing the services contemplated by this Agreement,
faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to
the services to be rendered under this Agreement.
11. Indemnification. The Instructor shalldefend, indemnify and hold the City, its officers, agents, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including
attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City. Should'a court of competent jurisdiction determine that
this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the concurrent negligence of the
Instructor and the City, its officers, officials, employees, and volunteers, the Instructor's liability hereunder
shall be only to the extent of the Instructor's negligence. It is further specifically and expressly understood
that the indemnification provided herein constitutes the Instructor's waiver of immunity under Industrial
Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties. The provisions of this section shall survive the expiration or termination of this
Agreement.
12. Insurance. Prior to the commencing the Services, the Contractor shall procure and maintain for the duration
of the Agreement, 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 Agreement by the
Instructor, his/her agents, representatives, employees or sub -contractors. Instructor's maintenance of
insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of
the Instructor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy
available at law or in equity.
A. Minimum Scope of Insurance. instructor shall obtain insurance of the types and with the limits
described below:
1. Commercial General Liability insurance with limits no less than, $1,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit.
The City shall be named as an insured under the Contractor's Commercial General Liability
insurance policy with respect to the work performed for the City,
2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Other Insurance Provision. The Instructor's Commercial General Liability insurance policies are to
contain, or be, endorsed to contain that they shall be primary insurance with respect to the City. Any
insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the
Contractor's insurance and shall not contribute with it.
C. Verification of Coverage. Instructor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional insured'
endorsement, evidencing the insurance requirements of the Instructor before commencement of the
work.
(DTP2713286.DOC; 1 /13175.000001 / ) Page 2 of 6
D. Notice ofCmncellation-The|nstructormhal[providnthe City and all Additional Insureds for this work
with written notice of any policy cancellation, within two business days of their receipt of such notice.
E Failure toMaintain Insurance. Failure onthe part ofthe Instructor tomaintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
business days' notice to the Instructor to correct the breach, immediately terminate the contract or, at
its discretion, procure orrenew such insurance and pay any and all premiums inconnection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of
the City, offset against funds due the Instructor from the City.
13. Independent Contractor. The 0m$�uoborand the Cdmagree that the Instructor kaanindeoenden contractor
with to the services provided pursuant to this Agreement. Nothing in this Agreement shall be
considered to nmaaha the relationship ofmmp,|myerand employee between the parties hereto. Neither the
Instructor nor any employee o0the Instructor shall beentitled toany benefits accorded City employees by
virtue of the services provided under this Agreement, The City shall not be responsible for withholding or
otherwise deducting federal income tax orsocial semor|b/ orfor contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to the |natrumhor, 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, religion, creed, color, national origin, age, veteran status, sex,
sexual ndentaWon, gender identity, marital stataa, political affiliation or the pnaaemoe of any disability in the
selection and retention of employees or procurement of materials or supplies.
115. Assignment. The Instructor shall not sublet orassign any ofthe services covered bythis Agreement without
the express written consent ofthe City.
1& Non -Waiver, Waiver bvthe City ofany provisionmfthisAgreen1erdoranydmeUmitaUonprmvidedfor|nthis
Agreement shall not constitute awaiver ofany other provision.
17, Termination. The City reserves the right bmterminate this Agreement odany time bw givingdhirtx(}O)dava
written notice to the Instructor at the address listed on this Agreement, The |netnuubzr 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 shall 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 ofthe State ofWashington, |mthe event any suit, arbitration, urother proceeding
isinstituted hoenforce any term ofthe Agreement, the parties specifically understand and agree that venue
shall beproperly laid |nKing County, Washington. The prevailing party |nsuch action shall beentitled bnits
attorney's fees and costs ofsuit.
18. Notices. Any and all notices shall be given to the parties at the address listed below on this Agreement.
20. Integrated Agreement. This Agreement, together with any attachments oraddenda, represents the entire
and integrated Agreement between the City and the Instructor and supersedes all prior
representations, oragreements written ororal. Noamendment o/modification ofthis Agreement shall buoy
any force oreffect unless itisinwriting and signed bythe parties,
21. Severability and Survival. If any term, condition or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof
and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their
sense and context are reasonably intended to survive the completion, expiration or cancellation of this
Agreement, aha|8survive termination ofthis Agreement.
32. The instructor shall complete aW-9form and such form shall beattached tothis Agreement.
/rl
DATED this ' day of ^ 204�
INSTRUC CITY OF TUKWiLAY ,
C,
(signature)
V) Lt"
(name)
vwl �' (�iiplei
(address)
-I L)4Wq-A-) W/4, 9816P6
(city, state, zip)
(phone number)
{DTP2713286.DOC:111 3175.0000011) Page 4 of 6
(name)
doo
(quilo,
City of Tukwila Parks and Recreation Department
12424 — 42nd Avenue South
Tukwila, WA 98168
(206) 768-2822
FAX (206) 768-0524
Estimated Contract Valu,e
W9
Department Approval
Executive Approval
AGREEMENT FOR INSTRUCTIONAL SERVICES
Exhibit A: Class Description, Scheduling, Etc.
Class Description(s):
Biff Moss perform for our Senior Lunch Program every otherweek.
Class Size(s):
35-60 participants
Class Schedule(s):
Music is every other Tuesday from 1 1:00am-noon
Class Location(s):
Tukwila Community Center Social' Hall
1242442nd Ave South, Tukwila, Wa 98168
Please p-ovick, Lhe na11le(s) of all PC [ential 'WtStl-LlCtO-
Glass Substitute(s):
iris[ ructor his Chosen to Ullitize ill the event ffiev are Unable to pi'ovide
theh- Services
faTP2713286.DOC;1113175,0000011j Page 5 of 6
AGREEMENT FOR INSTRUCTIONAL SERVICES
Exhibit B: Contract Coding
Item #
Description (30 characters)
GL Key
GL Object
A Key
Ar Object
Amount
1
2
129
3
4
5
6
7
8
9
10
Total:
{DTP2713286. DOC; Ill 3175,000001 / } Page 6 of 6