HomeMy WebLinkAbout25-028 - Contract - Aimee Arendsee - Instructor: Sound Healing & Gong Yoga Nidra WorkshopsTHIS 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 Aimee Arendsee/Indivar Sound and Healing Arts 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 Sound Healing
Workshops services ("Services") as further defined in Section 2 below, in connection with the project
titled Sound Healing and Gong Yoga Nidra Workshops
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) Sound Healing & Gong Yoga Nidra Workshops
Address of Service 1242442 nd Ave. S. — Tukwila, WA 98968
Dates/Times of Service January 2 — December 39, 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 70% 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.
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Promotional Material. All promotional material shall bereviewed and pre -approved bvthe City priortoits
release and distribution,
9. Substitute Instructor; Activity CmnonUmUmm' In the event that the Instructor is unable hmteach the
scheduled activity due to illness or other 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
all substitute instructors must be pre -approved by the City and meet pre-existing conditions /or Instructors.
Substitute instructors mho|| be considered s,ub-cuntractors 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 tncoordinate esubstitute instructor, it shall bethe responsibility ofthe Instructor bmnotify the students
ofclass cancellation. |nthe event that the City cancels a scheduled activity, itshall bethe responsibility of
the City bonotify students ufclass cancellation
10. Corno|Uenmm with Lmxvm' 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 toberendered under this Agreement.
11. lmdenznifi cation . The Instructor shall defend, indemnify and hold the Cdy, its officers, agenta, offioials,
employees and volunteers harmless from any and all da|nxs, injuries, damages, losses or suits including
attorney fees, arising out of or in connection with the performance of this Agreement, except for injuriesomd
damages caused' bythe sole negligence ofthe City. Should acourt qfcompetent jurisdiction determine that
this Agreement is subject to RCVV4.24.115. then' in the event of liability for damages arising out of bodily
injury in persons or damages to property caused by or resulting from the concurrent negligence of the
Instructor and the City, its officeoa, officials, ernp|oyees, and volunteers, the Instructor's liability hereunder
shall beonly tothe extent ofthe Instructor's negligence. |tisfurther specifically and expressly understood
that the indemnification provided herein constitutes the Instructor's waiver of immunity under Industrial
Insurance, Title 61 RCN[ solely for the purposes of this indemnification. This vva|war 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 and maintain for the duration
of the Agreement, insurance against claims for injuries to persons or damage to property which may uhaa
from or in connection with the performance of the Services provided pursuant to this Agreement by the
Umstrucbor, his/he, agents, representatives, employees or sub -contractors. Instructor's maintenance of
|neonanme. its scope ofcoverage and limits as required herein shall not heconstrued bo limit the liability of
the Instructor tothe coverage provided by such insurance, or otherwise limit the City's, recourse to any remedy
available atlaw 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 insurancewith limits noless than $1,Q00.00Oeach 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 respecttmthe work performed for the City.
2.Workers' coverage asrequired bythe /ndustriai|Insurance laws ufthe State of
Washington,
Bi Other Insurance Provision. The Instructor's Commercial General Liability insurance policies are tu
contain, or be endorsed to contain that they shall be primary insurance with respect tothe City. Any
insurance, ae|f-insunsnoe,orinsurance pool coverage maintained bvthe, City shall beexcess of the
Contractor's insurance and shall not contribute with it.
C. Verification ofCoverage. Instructor shall furnish the City with original certifioaheoamdocmpyofthe
amendatory endorsements, including, but not necessarily limited tothe additional insured
endorsement, evidencing the insurance requirements ofthe Instructor before commencement ofthe
worm.
D. Notice of Cancellation. 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 to Maintain Insurance. Failure on the part of the 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 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 services provided pursuant to this Agreement. Nothing in this Agreement shall be
considered to create the relationship of employer 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 Prohibited. The Consultant, with regard to the work performed by, it under this Agreement,
will not discriminate on the grounds of race, religion,, creed, color, national' origin, age, veteran status, sex,
sexual orientation, gender identity, 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 or assign any of the services covered by this Agreement without
the express written consent of the 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 of any other provision.
17. Termination. The City reserves the right to terminate this Agreement at any 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 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 of the State of Washington. In the event any suit, arbitration, or other proceeding
is instituted to enforce any term of the Agreement, the parties specifically understand and agree that venue
shall be properly laid in King County, Washington. The prevailing party in such action shall be entitled to its
attomey's fees and costs of suit.
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, or agreements written or oral. No amendment or modification of this Agreement shall be of
any force or effect unless it is in writing and signed by the 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, shall survive termination of this Agreement.
22. The instructor shall complete a W-9 form and such form shall be attached to this Agreement.
DATED this day of bweidgep .209//.
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INSTRUCTOR:
(signature)
(name)
(address)
Lale, Tapp -
(city, state, zip)
)'53 —9352
)W
(phone number)
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CITY 0 AU WIIL4t�
(signat46)'
(name)
7)
(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
W9 if-`
Department Approval
Executive Approval
AGREEMENT FOR INSTRUCTIONAL SERVICES
Exhibit A►: Class Description, Scheduling, Etc.,
{DTP2713286. DOC; 1113175.000001 /1 Page 5 of 6
Make way in your life for transformation through the healing power of sound. Relax into
deep meditation through the sounds of crystal singing bowls, planetary tuned gongs,
ocean drums, Koshi chimes and more. Sound healing, can aid in bringing your mind,
body and spirit into vibrational energetic balance. It has been shown to reduce stress,
Class Description(s):
anxiety, depression and blood pressure while creating a deeper state of relaxation and
meditation. It cleanses and balances the chakras, promotes stress relief, and mental &
emotional balance. Studies have shown sound healing also stimulates and balances the
immune, glandular, and nervous systems. Please bring a water bottle, yoga
mattsleeping pad, blanket and pillow (if desired). *If weather permits, classes may be
moved outdoors. No two workshops are the same._
Class Size(s):
Adult Min 6 — Max 20
Class Schedule(s):
January - December — 1-2x month
Class Location(s),-
Tukwila Community Center
Class Substitute(s):
N/A
{DTP2713286. DOC; 1113175.000001 /1 Page 5 of 6
AGREEMENT FOR INSTRUCTIONAL SERVICES
Exhibit B: Contract Coding
Item #
Description (30 characters)
GL Key
GL Object
JL Key
JL Object
Amount
Sound HealingfYoga Nidra
Workshops
PR007206
541011
11600705
6361000
$2000
2
3
4
5
6
7
8
9
10
Total: . $2000
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