HomeMy WebLinkAbout25-019 - Contract - Hannah Pinter - Instructor: Theater and Improv25-019
Council Approval N/A
1@ 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 Hannah Pinter, 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 Improv Classes, Senior
Adult Improv Classes, Youth & Preschool Theater Classes ("Services") as further defined in Section 2
below, in connection with the project titled Theater and Improv Class Instruction
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) Theater and Improv Class Instruction
Address of Service 12424 42nd Ave S. Tukwila, WA 98168
Dates/Times of Service January — December 2025 - Dates and Times will vary
depending on month.
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 70% of registration revenue minus taxes. A total
sum not to exceed $9,900 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.
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8. Promotional Material. All promotional material shall be reviewed and pre -approved by the City prior to its
release and distribution.
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 ooks 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 toteach the scheduled activity and is
unable tocoordinate asubstitute instructor, hshall bethe responsibility ofthe Instructor hmnotify the students
ofclass cancellation. |nthe event that the City cancels ascheduled activity, hshall bothe responsibility of
the City 0onotify students ofclass cancellation
10. Compliance with Laws. The Instructor ohaU, 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 toberendered under this Agreement.
11. Indemnification. The Instructor shall defend, indemnify and hold the City, its nffioers, agents, offioiu|o,
employees and volunteers harmless from any and all daimo, injuries, damages, losses orsuits including
attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and
damages caused bythe sole negligence ofthe City. Should acourt ofcompetent jurisdiction determine that
this Agreement in subject to RCVV4.24.115. then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or vaau|hng from the concurrent negligence of the
Instructor and the City, its dffioero, offioia|a, emp|oyoes, and volunteers, the |natmdVr'o liability hereunder
shall beonly hothe extent ofthe Instructor's negligence. |tinfurther specifically and expressly understood
that the indemnification provided herein constitutes the Instructor's waiver of immunity under Industrial
|nuunsnoo. 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 o|eimo 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
|notmchor, his/her ogentn, repnenen(ativos, employees or sub -contractors. |nuLmdor'e maintenance of
inounsnce, its scope of coverage and limits an 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 ofthe types and with the |hnho
described below:
1 insurance with |knito no less than $1.000.000 each occurrence,
$2,000,000 general aggregate and $2,000,000 prod ucts-completed operations aggregate limit.
The City shall be named as an insured under the Contractor's Commercial General Liability
insurance policy with respect hnthe work performed for the City.
2.coverage as required by the Industrial Insurance |owa 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 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 ofCoverage. Instructor shall furnish the City with original certificates and mcopy ofthe
amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Instructor before commencement of the
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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.
E. Failure hoMaintain Insurance. Failure onthe part ofthe Instructor hzmaintain the insurance ao
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 of
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 oenioon provided pursuant to this Agreement. Nothing in this Agreement shall be
considered to create the relationship Vfemployer and employee between the parties hereto. Neither the
Instructor nor any employee of the Instructor ehoU be entitled to any benefits accorded City employees by
virtue of the services provided under this Agreement. The City ahoU not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state industrial insurance
prognam, otherwise assuming the duties of an employer with respect to the |nskuotur, or any employee of
the Instructor.
14. Discrimination Prohibited. The Consultant, with regard huthe work performed bykunder this Agreement,
will not discriminate on the grounds of race, na|igion, orood, color, national ohgin, age, veteran status, oex,
sexual ohentation, gender identhy, marital status, political affiliation or the presence ofany 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 ofany other provision.
17. Termination. The City reserves the right toterminate this Agreement otany 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 men/iuoa as
described in this Agreement. Written notice shall be provided tothe City atthe 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 nfWashington. |nthe event any suit, arbitration, orother proceeding
is instituted to enforce any term of the Agreement, the parties specifically understand and agree that venue
shall beproperly laid inKing County, Washington. The prevailing party insuch action shall beentitled tnits
attorney's fees and costs ofsuit.
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. Noamendment ormodification ofthis Agreement shall boof
any force oreffect unless itioinwriting and signed bythe parties.
21. Severability and Survival. |fany 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 ahm|| remain fully enforceable. The provisions of this Agreamont, which by their
sense and context are reasonably intended to survive the oomp|etion, expiration or cancellation of this
Agreement, shall survive termination ofthis Agreement.
22. The instructor shall complete oVV-9form and such form shall beattached tothis Agreement.
DATED this day of j 20
INSTRUCTOR:
(sign akure)
(name)
2 -
(address)
(city, state, zip)
(phone number)
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CITY OF TU ILA:
(signature)
(name)
(title)
City of Tukwila Parks and Recreation Department
12424 — 42nd Avenue South
Tukwila, WA 98168
(206) 768-2822
FAX (206) 768-0524
Estimated Contract Value
M
Department Approval Executive Approval
H
AGREEMENT FOR INSTRUCTIONAL SERVICES
Exhibit A: Class Description, Scheduling, Etc.
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Adult and Senior Improv - Come learn the foundations of improvisational theater in a
fun and supportive environment. This class is a chance to be a part of a welcoming,
creative community and collaborate with others in meaningful ways. Throughout the
course, we will use engaging games and activities to explore the importance of
environment, character, and objective for scene building. This course is great for
developing professional skills such as self-confidence, adaptability, and public speaking!
We incorporate different games and exercises each month, so students are welcome to
take the course multiple times. Youth Improv - Join us for a fun and exciting introduction
Class Description(s):
to the world of improv theater! We provide a supportive environment where students
can freely express themselves, collaborate with others in meaningful ways, and be a
part of a welcoming, creative community. Throughout the course, students will develop
self-confidence and interpersonal skills through engaging games and activities. They
will finish the course with an understanding of the foundations of improvisational theater
and scene building. We incorporate different games and exercises each month, so
students are welcome to take the course multiple times. Preschool Improv Workshops -
Join us for a playful and engaging introduction to the world of theater. Students will
explore creativity, express emotions, and develop social skills through imaginative play
and end in an exciting fairytale quest!
Adult Classes 7 — 12
Senior Classes 7 — 12
Class Size(s):
Youth Classes — 5 - 10
Preschool Workshops — 5 - 8
Class Schedule(s):
Weekly Classes
Monthly Workshops
Class Location(s):
Tukwila Community Center - 12424 42nd Ave. S. Tukwila, WA 98168
Class Substitute(s):
N/A
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N
AGREEMENT FOR INSTRUCTIONAL SERVICES
Exhibit B: Contract Coding
Item #
Description (30 characters)
GL Key
GL Object
JL Key
JL Object
Arnount($)
1
Youth and Adult Classes
PR007206
541011
_
11600705
6303000
$6500
2
Senior Class
PR007207
541011
32100702
0000000
$2500
3
4
5
6
7
8
9
10
Total:
$9000
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