HomeMy WebLinkAbout25-015 - Contract - Kita Sims - Instructor: Cake Decorating25-015
Council Approval N/A
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 Kita Sims 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 Cake Decorating
Instruction services ("Services") as further defined in Section 2 below, in connection with the project
titled Cake Decorating 101.
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) Cake Decorating Instruction for Youth & Adults
Address of Service 1242442nd Ave. S. — Tukwila, WA 98168
Dates/Times of Service January 2 - December 31, 2025 - Monthly 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 80% of Collected Revenue minus Tax Collected,
a total sum not to exceed $2000 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.D0C:111 3175.0000011 ) Page 1 of 6
8. 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 orother reason on the instructor's behalf, it shall be the sole responsibility
ufthe Instructor hucoordinate and schedule a substitute instructor toteach the scheduled activity. Any and
all substitute instructors mwed 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 onthis Agreement, In the event that the Instructor is unable toteach the scheduled activity and is
unable tocoordinate a substitute instructor, itshall bethe responsibility cfthe Instructor tonotify the students
of class cancellation. In the event that the City cancels a scheduled activity, it shall be the responsibility of
the City tonotify students Vfclass cancellation
70. Compliance with Laws. The Instructor shall, |nperforming the services contemplated by this Agreement,
faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable tn
the services tobmrendered under this Agreement.
11. Indemnification. The Instructor shall defend, indemnify and hold the City, its officers, agents, offioia|a,
employees and volunteers harmless from any and all cUaimo, injuries, damages, |uymmm or suits imuUuding
attorney fees, arising out oforKnconnection with the performance ofthis Agreement, except for injuries and
damages caused bythe sole negligence ofthe City. Should a court cfcompetent jurisdiction determine that
this Agreement is subject to RCW4.24.r15. then, in the evert of liability for damages arising out of bodily
injury to persons or damages to property caused by or nmmw|UmQ from the concurrent negligence of the
Instructor and the City, its officers, offiuie|a, employees, and volunteers, the Instructor's liability hereunder
shall beonly tothe extent cfthe Instructor's negligence. 0isfurther specifically and expressly understood
that the indemnification provided herein constitutes the Instructor's waiver of immunity under Industrial
Insurance, Title 51 RCVV, 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 tothe commencing the Services, the Contractor, shall procure andmaintainfor 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
|nabuctar, his/her agents, n*pnmoentadivee, employees or sub -contractors. Instructor's maintenance of
innmmance, 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 limitthe City's recourse to any remedy
available at law or in equity.
A. Minimum Scope ofInsurance. Instructor shall obtain insurance ofthe types and with the limits
described below:
1. insurance with hmda 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 tothe work performed for the City,
2. Coverage as required bythe Industrial Insurance laws ofthe State of
B.Other Insurance Provision. The Instructor's Commercial General Liability insurance policies are to
contain, or be endorsed to contain that they shall'b,e primary insurance with respecttothe 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 acopy of the
amendatory endorsements, imo|udingbutnotnecesaarily1hnitmdhothaadditiondinsunad
endorsement, evidencing the insurance requirements of the Instructor before commencement of the
work.
CL Notice mfCancellation. The Instructor shall providethe 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.
(DTpuno28sDOC; 1ns17o.0Uo001/} Page 2of6
F, FmUuneboMaintain Insurance. Failure onthe part ofthe Instructor tomaintain the insurance aa
naqmiredshaUoonatduteamateria|bnmoohmfoontoao,upunxvhiohthoCitymay.oftergivingfive
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 Instructor and the City agree that the Instructor isamindependent
with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be
considenad'to create the relationship ofemployer and employee between the parties hereto, Neither the
Instructor nor any employee of the |mo1rwctpr 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
progmsm, otherwise assuming, the duties of an employer with respect to the Instructor, orany employee of
the Instructor.
14. Discrimination Prohibited. The Consultant, with regard bmthe work performed byitunder this Agreement,
will not discriminate onthe ground's odrace, religion, creed, color, national origin, age, veteran status, sex,
sexual oriemtatiun, gender iderdity, marital status, political affiliation or the pnmnemcm 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 of the services covered by this 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 awaiver afany other provision.
17. Termination. The City reserves the right to terminate this Agreement sdany time by giving thirty (30) days
written notice to the Instructor at the address U|eYed on this Agreement. The Instructor may terminate this
Agreement by giving noticeat 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. |nthe event any suit, arbitration, orother proceeding
isinstituted toenforce any term ofthe Agreement, the parties specifically understand and agree that venue
shall be properly laid inKing County, Washington. The prevailing party imsuch action shall beentitled toits
attorney's fees and costs mfsuit,
19. 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 or addenda, represents the entire
and integrated Agreement between the City and the Instructor and supersedes all prior negotiations,
representations, oragreements written ororal. Nuamendment ormodification cfthis Agreement shall beof
any force oreffect unless itisimwriting and signed bythe parties.
21. Severability and Sun/ixmU, 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 uhmD remain fully enforceable. The provisions of this Agreement, which by their
sense and context are reasonably intended to survive the oomp|*tinn, expiration or cancellation of this
Agreement, shall survive termination nfthis Agreement.
22. The instructor shall complete mVV~9form and such form shall bmattached tmthis Agreement,
23 oecember Z4
DATED��_____d��� .20___.
INSTRUCTOR: D.,uSip,d by::
r 5L"
(signature) '445 ...
Kita Sims
(name)
2425 SW Webster St. B3
(address)
Seattle, Wa 98106
(city, state, zip)
( 425 ) 221-4775
(phone number)
DTP2713286. DOC; 1/13175.00000 1/) Page 4 of 6
CITY OF TUKWILA: Signed by:
F
(signature)
Marlus Francis
(name)
Recreation coordinator
(title)
City of Tukwila Parks and Recreation Department
12424 — 42nd Avenue South
Tukwila, WA 98168
(206) 768-2822
FAX (206) 768-0524
$2,000.00
Estimated Contract Value
Department Approval Executive Approval
AGREEMENT FOR INSTRUCTIONAL SERVICES
Exhibit A: Class Description, Scheduling, Etc.
Class Description(s):
Cake Decorating 101 — two classes per , one specific for youth and one specific for
adults
Class Size(s):
AdultlYouth, Min of 6, Max of 10
Class Schedule(s):
1 x each month per class
Class, Location(s):
Tukwila Community Center
Class Substitute(s):
NIA
{DTP2713286.DOC; 1/13175.000001!/ ) Page 5 of 6
0
F"Tmob
0 M- 10
Mb
R in "n a -q Le 0=1 F M I U, TOM
Item #
Description (30 characters)
GL Key
GL Object
JL Key
JL OWect
Amount ($)
Youth & Adult Cake Decorating
Class
PR007'206
I 541011
11600705
6361000
$2000.00
2
3
4
5
6
7
8
9
10
Total:
$2000
{DTP2713286. DOC; 11131'75. (Y00001 / ) Page 6 of 6