HomeMy WebLinkAbout25-009 - Contract - Biff Moss - Instructor: Beginning Ukulele Lessons25-009
Council Approval N/A
b xAGREEMENT FOR INSTRUCTIONAL SERVICE
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 Biff Moss , 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 Beginning Ukulele Lessons
services ("Services") as further defined in Section 2 below, in connection with the project titledBeginninq
Ukulele Lessons.
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) Beginning Ukulele Lessons
Address of Service 1242442 nd Ave. S. Tukwila Wa. 98168
Dates/Times of Service Tuesda s Jan. to Dec. 2025 From 1-2pm_
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.
Payment. The City shall pay the Instructor at a rate of $20.00 per student per class for a total sum not to
exceed $3,000.00 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. 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.
{DTP2713286.DOC;1/13175.000001/1 Page 1 of
& Promotional Material. All promotional material shall bereviewed and pre -approved bvthe City prior bmits
release and distribution.
9. Substitute Instructor; Activity Cancellation. In the event that the Instructor is unable to teach the
scheduled activity due to illness mrother reason onthe 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
allsubstitute 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
mfclass cancellation. In the event that the City cancels a scheduled activity, it shall be the responsibility of
the City tonotify students mfclass cancellation
10. Compliance with Laws. The Instructor shall, in performing the sen/ices contemplated by this Agreement,
faithfully observe and comply with all federal, mtoha, and local laws, ordinances and regulations, applicable to
the services to, berendered under this Agreement.
11. Indemnification. The Instructor shall defend, indemnify and hold the City. its offioers, agents, offinia|s,
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 injuriesamd
damages caused bythe sole negligence ofthe City. Should ecourt ufcompetent jurisdiction determine that
this Agreement is subject to RCVV4.24.115. (hen, in the event of liability for damages arising out of bodily
injury to persons or damages to, property caused by or naom|UoQ from the concurrent negligence of the
Instructor and the City, its officers, officials, emp|oyees, and volunteers, the Instructor's liability hereunder
shall beonly tothe extent mfthe Instructor's negligence. |tis, further specifically and expressly, understood'
that the indemnification provided herein constitutes the Instructor's waiver of immunity under Industrial
|nnunanoe. Title 51 RCVV, ao|eh/ 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 hothe commencing the Services, the Contractor shall procure and maintain for the duration
ofthe 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 agenhs, representatives, employees or eub-contraotors. Unstruohnr"s maintenance of
insuoanma, 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. N�ni'mum Scope of Insurance. Instructor shall obtain insurance of the types and with the limits
described below:
l. Commercial General Liabilily insurance with limits no less than $1,O0O.OQOeach occurrence,
$2'8UU.UOUgeneral' aggregate and $2,01OU,OUQprod motm-oommp|etedoperations aggregate limit.
The City shall be named as an insured under the Contractor's Commercial General Liability
insurance policy with respect tothe work performed for the City.
2. coverage as required by the Industrial Insurance laws ofthe State of
B, Other Insurance Provision. The Instructor's Commercial General Liability insurance policies are to
contain, orbeendorsed tocontain that they shall baprimary insurance with respect to the City. Any
insurance, self-insurance, or insurance pool coverage maintained bvthe 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 ofthe
amendatory endorsements, including but not necessarily limited (uthe additional insured
endorsement, evidencing the insurance requirements of the Instructor before commencement of the
work.
D. Notice ofCancellation. The Instructor shall provide the 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.
(DTP27 3z86,DOC;18317m,0nuon1/} Page 2of6
E. Failure tmMaintain Inseranma.Failure nnthe part Vfthe Instructor to maintain 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 or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion, uf
the City, offset against funds due the Instructor from the City.
13. Independent Contractor. The Instructor and the City 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 ofemployer 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 services 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 Instructor, or any employee of
the Instructor.
14. Discrimination Pm���The Consultant, with regard to the work performed by it under this Agreement,
will not discriminate on the grounds of race, religion, oreed, color, national origin, age, veteran status, sex,
sexual orientation, gender identNx, marital status, political affiliation or the presence of any disability in the
selection and retention of employees or procurement of materials or supplies.
15� Assignment. The Instructor shall not sublet orassign any ofthe services covered bythis Agreement without
the express, written consent cfthe City.
16. Non -Waiver- Waiver bythe City ofany provision ofthis Agreement mrany time limitation provided for io this
Agreement shall not constitute awaiver ofany other provision,
17. Termination. The City reserves the right toterminate this Agreement mtany time by g�ivingthirty (3O)days
written notice to the Instructor akthe 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 shall' be provided to the City at the address listed in this
Agreement,
1& Applicable Lam/; Venue; Attorney's Fees. This Agreement shall be governed by and construed in
accordance with the laws nfthe State ofWashington. |nthe event any suit, arbitration, orother proceeding
iuinstituted hzenforce any term nfthe Agreement, the parties specifically understand and agree that venue
shall baproperly laid inKing County, Washington. The prevailing party |nsuch action shall beentitled bmits
attorney's fees and costs ofsuit.
18. Notices. Any and all notices shall begiven tuthe parties etthe address listed below onthis 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. Noamendment ormodification ofthis Agreement shall beof
any force oreffect uo|eseltis|nwriting and signed bythe parties.
21. Severability and Survival. If any tenn, 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 ahe|| msrna|m fully enforceable. The provisions of this Agreennemt, 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 bpattached bothis Agreement.
�t L.\ ��
DATED this C\� day of ` 20,Z47
{DTp2713286.DDC; 1/13175.0000}1/} Page 3 o 6
�'w
(signature)
LA LL I A-vn
(name)
(o5719
(address)
\,AJA
(city, state, zip)
,' qi54--- 70,�
(phone number) I
fDTP2713286. DOC; 1 /13175.000001 / ) Page 4 of 6
1
CITY OF TUKW IL
L
nature)
(name)
(title)
City of Tukwila Parks and Recreation Department
12424 - 42nd Avenue South
Tukwila, WA 98168
(20'6) 768-2622
FAX (206) 768-0524
Estimated Contract Value
w9v
Department Approval Executive Approval
AGREEMENT FOR INSTRUCTIONAL SERVICES
Exhibit A: Class Description, Scheduling, Etc.
Class Description(s):
provide a -"elloral desk:,riphon of [he class 01' CLISSU�; " %ro L1 I'
IPlease
nstructor will he to pro"I'am and/or customers
Class Size(s):
Please provide Hic projected si/c of [he (.'ass or classes v,our ins'll'LiCtOl'
w111 he provlcllll,CIr
NOLISU I)l'OVILIC' .1 1'(!M.T,1l SC-fWdLl1L' Of HIC CUSS (W CkISS'US VOLIF
Class Schedule(s):
r
will be rtwidjnpl� Please provick, the (hY,,, of vveek, s'lart and ClIld Lil-lics,
p
alld Class fl-c(luuncy
Please lel ovicle the location or locations al �vhich VOL11' illSh'LICL01- 4Vffl
Class Location(s):
PI'Milck, their Class or class( ,s
HeInse prmr(dc tile nallW(S) 01 all I)OICI-Ilial illSti'LIC101' Stl lYS11 [tiles 1 -he
Class Substitute(s):
instructor has Chosen tO Utih/V ill tile UICY aR? Lillable to provide
their selwicvs
{DTP2713286.DOC; 1 /1 3175.000001 / ) Page 5 of 6
"NN
AGREEMENT FOR INSTRUCTIONAL SERVICES
Exhibit B: Contract Coding
Item #
Description (30 characters)
GL Key
GL OWect
JLC
L Key
JL Mject
Amount($)
Le5sms-,fi)( itele,,
3, 0o
kj�y
2
3
4
5
6
7
8
10
Total:
DTP2713286,DOC; 1/13175.0000011 ) Page 6 of 6