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Home My WebLink About25-014 - Contract - Lisa Yanak - Instructor: Adult Painting Classes25-014 Council Approval N/A AGREEMENT FOR INSTRUCTIONAL SERVICES -old w,5-9) 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 Lisa Yanak 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 Adult Painting Classes services ("Services") as further defined in Section 2 below, in connection with the project titled Adult Painting Classes. 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) Adult Painting Classes Address of Service 1242442nd Ave. S — Tukwila, WA 98168 Dates/Times of Service January— December 2025 Weekly Saturday AM Classes 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 2, 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 $90 per two-hour class for a total sum not to exceed $4000 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. 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/ ) Page 1 of 6 Ei Promotional Material. All promotional 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 meye responsibility mfthe Instructor tmcoordinate and schedule asubstitute instructor hmteach 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 beconsidered sub -contractors and will bepaid atthe discretion ofthe Instructor listed on this Agreement. In the event that the Instructor is unable toteach the scheduled activity and is unable tocoordinate asubstitute instructor. itshall bethe responsibility ofthe Instructor honotify the students of class cancellation. In the event that the City cemoo|s a scheduled ac±ivity, it shall be the responsibility of the City tnnotify students cfclass cancellation 10. Compliance with Laws. The Instructor shall, in the services contemplated this Agreement, faithf Uyobmmrvmandcomph/withaDfederaiste&a and local laws, ordinances and regulations, applicable to the services toberendered under this Agreement, 11. Indemnification. The Instructor shall defemd, indemnify and hold the Cih/, its officers, ageoto, o0icia|m, employees and volunteers hannVemm from any and all o|aima, irjuriam, 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 bythe sole neg�Xigenoeo@the City. Should court ofcompetent jurisdiction determine that this Agreement issubject boRCVV4.24.11G,then, inthe event ofliability for damages arising out ofbodily injury to, persons or damages to property caused by or nesu|MmQ from the concurrent negligence of the Instructor and the C�i1y, its officers, offioia|s, emp|oyeea, and volunteers, the Instructor's liability hereunder shall beonly bmthe extent nfthe Instructor's negligence. |tiofurther specifically and expressly understood that the indemnification provided herein oomutiiotoo the Instructor's waiver of immunity under Industrial Unmunmnme' Title 51 RCVV, solely for the purposes of this indemnification. This xvmivm^ has beem mutually negotiated by the parties. The provisions ofthie section shall oumke the expiration or termination of this, Agreement, 12. Insurance. Prior tothe 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 Sen/ices provided pursuant to this Agreement by the Instructor, his/her agentm, representatives, employees or sub -contractors. Instructor's maintenance of insumanoe, its scope of coverage and limits as naqmimad herein shall not be construed to limit the liability of the Instructorto 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 insurancevvith limits no less than $i.000,0O0each occurrence, $2.8OO.O0]general aggregate and $2,00O.O0Oproducts-completed operations aggregate |imb. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect bothe work performed for the City. 2.Workers' coverage msrequired bythe Industrial Insurance laws ofthe State cf Washington. B. Other Insurance Provision. The Instructor's Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shallbe primary insurance with respect to the City. Any insurance, meHf-inuoranoe'orinsurance pool coverage maintained bythe City shall beexcess nfthe Contractor's insurance and shall not contribute with it. C. Verification of Coverage. Instructor shall furnish the C copy ofthe amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Instructor before commencement of the mmm. 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. (uTP27 azan.D0C;1no17e.0oo0Vo) Page 2uf6 E, Failure toMaintain Insurance. Failure onthe part of the Instructor tomaintain the insurance ay required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice tothe Instructor bucorrect 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 eoexpended toberepaid tmtheCityondemand.orattheno[edimcretiouPf 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 men/ices provided pursuant bothis Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Instructor no/ any employee of the Instructor shall be entitled to any benefits accorded City employees by virtue ofthe services provided under this Agreement. The City shall not beresponsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance prPQnam, otherwise assuming the duties of an employer with respect tnthe Unetnuotor, or any employee of the Instructor, 14. Discrimination Prohibited. The Consultant, with regard tothe work performed by it under this Agreement, will not discriminate qmthe grounds of race, religion, oreed, color, national origin, age, veteran status, sex, sexual orientation, gemder idemtity, mahbs| 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 or assign any cfthe services covered bythis Agreement without the express written consent ofthe City. 16. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver nfany other provision, 17. Termination. The City reserves the right huterminate thisAgreement at any time by giving th,irty (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 shall be provided to the City at the address listed in this Agreement. 10. Applicable Loxv Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws ofthe State ofWashington. |nthe event any suit, arbitration, orother proceeding iminstituted tmenforce any term ofthe Agreement, the parties specifica||ymndermtendand agree that venue shall beproperly laid inKing County, Washington. The prevailing party insuch action shall beentitled bmits attorney's fees and costs mfsuit. 19. Notices. Any and all notices shall begiven tothe parties at! the address listed below omthis 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 qroral, Nuamendment ormodification ofthis Agreement shall beof any force oreffect unless itisinwriting and signed bythe parties. 21. Severability Survival. If any term, condition or provision of this Agreement is declared void or unenforceable orlimited 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 Agnmement, 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 a W-9 form and such form shall be attached to this Agreement. /. DATED this day of 12 INSTRUCTOR!: CPS to 55 taxing). .7-S- 07 -- yinvissumc himumn) Page 4 CA G 0 IT vj rowv My of 71 Ma F% ks and Rumummi 0apaAmm souY; AGREEMENT FOR INSTRUCTIONAL SERVICES Exhibit A: Class Description, Scheduling, Etc. (OTP2713286. DOC; 1/1 31'75.000001/) Page 5 of 6 This class is for beginners and' intermediate participants to learn and reinforce the basics of watercolor painting in a joyful and fun atmosphere. The class will focus on watercolor tools and techniques to paint a variety of subject matter. We will become familiar with supplies, mixing colors, representation of light sources and creating texture in, your paintings. A class materials list will be provided after sign up. The approximate Class Description(s): cost for supplies you will need to purchase can be $50-1 OO depending on your preferences, supplies are not provided. This class is for the beginner to intermediate watercolor painters who are interested in learning and becoming proficient in the medium. We will meet each person where they are on their creative journey while having fun and supporting each other to create an artistic community! Class Size(s): 10 —14 participants Class Schedule(s): Approximately — (6) — 8 week sessions Class Location(s): Tukwila Community Center —12424 42n4 Ave. S — Tukwila, WA 98168 Class Substitute(s): N/A (OTP2713286. DOC; 1/1 31'75.000001/) Page 5 of 6 AGREEMENT FOR INSTRUCTIONAL SERVICES Exhibit B: Contract Coding Item # Description (30 characters L_ GL Key GL Object JL Key JL Object Amount ($) 1 Class Instruction PR007207 541011 1'1600711 6320000 $4000 2 3 4 5 6 7 8 9 10 Total': $4000 (DTP2713286. DOC; 1 /13175.0000011 ) Page 6 of 6