HomeMy WebLinkAbout25-029 - Contract - Sekou Fofana - Instructor West African DrummingTHIS 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 Sekou Fofana 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 West African Drumming
Instruction services ("Services") as further defined in Section 2 below, in connection with the project titled
West African Drumming 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) West African Drumming Instruction
Address of Service 12424 42nd Ave. S —Tukwila, WA 98168
Dates/Times of Service January — December 2025 - Weekly 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
25, 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 $125 per Class for a total sum not to exceed $2500
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.
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8, Promotional Material. All promotionalmaterial shall be reviewed and 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 Vrother reason on the inskuoto�r's behalf, it shall be the sole responsibility
ofthe Instructor bmcoordinate and schedule asubstitute instructor 10teach the scheduled activKv. 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 to beach the scheduled' activity and is
unable tocoordinate asubstitute instructor, it shall bethe responsibility ofthe Instructor honotify the students
ofclass cancellation. |mthe event that the City cancels ascheduled activity, itshall bethe responsibility of
the City tonotify students ofclass cancellation
10. Compliance with Laws. 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 tmbe rendered under this Agreement.
11. Indemnification. The Instructor shall defend, indemnify and hold the C|ty, its officers, agenbm, officials,
employees and volunteers honn|eeV from any and all claims, inj�uhes, damages, losses or suits inuUud'[ng
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 is subject toRC\N4.24.115'then, |nthe event ofliability for damages arising out ofbodily
injury to persons or damages to property caused by or resulting from the concurrent negligence of the
Instructor and the City, its officers, offiuiaUs, employees, and volunteers, the Instructor's liability hereunder
shall beonly tothe extent ofthe Instructor's negligence. |tYsfurther specifically and expressly understood
that the indemnification provided herein constitutes the Instructor's waiver of immunity under Industrial
Insurance, Title 51 R(CVV, solely for the purposes of this indemnUfioadkzn. 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 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 Services provided pursuant to this Agreement by the
|nstruotpr, his/her agents, mapmamentadh/es, employees or sub-nnmtnsobzra. |mod/ucto/o maintenance of
insurance, its scope ofcoverage and limits asrequired herein shall not beconstrued tolimit the liability of
the Instructor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy
available otlaw orin equity.
A. h8im|nmmmn Scope of Insurance. Instructor shall obtain insurance of the types and with the, limits
described below:
1. Commercial General., Liability insurance with |innks noless 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 &othe work performed for the City.
2.Workers' coverage osrequired bythe Industrial Insurance laws nfthe State of
Washington.
B. Other Insurance Provision. The Instructor's Commercial General Liability insurance policies are tm
contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any
insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess mfthe
Contractors insurance and shall not contribute with it.
O. Verification of Coverage. Instructor shall funmimhthe City with original certificates and acopy ofthe
amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Instructor before commencement of the
work.
D. Notice of Cancellation. The Instructor shall provide the City and all Additional Insureds for this work
with written notice ofany policy cancellation, within two business days oftheir receipt ofsuch notice.
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E. Failure toMaintain Insurance. Failure onthe part ofthe Instructor bomaintain 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 orrenew such insurance and pay any and all premiums inconnection
therewith, with any sums soexpended toberepaid tothe City ondemand, oratthe 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 tothe services provided pursuant to this Agreement. Nothing in this Agreement shall be
considered to create the relationship ofempUoyer and employee between the parties henybo. Neither the
Instructor nor any employee of the Instructor shall be entitled to any benefits accorded City employees by
virtue of the sen/[coa 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
progoam, 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 byhunder this Agreement,
will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex,
sexual ohentation, gender identity, 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 orassign any ofthe 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 awaiver ofany other provision.
17. Termination. The City reserves the right toterminate this Agreement at any time by giving thirty C]O> 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 oofium shall be provided to the City at the address listed in this
Agreement.
18. Applicable Law; Venue; Attorney's Pees. This Agreement shall be governed by and construed in
accordance with the laws mfthe State oWWashington. In the 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 /nsuch action shall be entitled toits
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 oraddenda, 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 mr effect unless itio|mwriting and signed bythe parties.
21. Severability and Survival. If any temm, 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 pnmv|slomo hereof
and all other provisions mhmU remain fully enforceable. The provisions of this Agneement, wNoh by their
sense and context are reasonably intended to survive the oomp|edion, expiration or cancellation of this
Agreement, shall survive tenninotiomofthis Agreement.
22. The instructor shall complete a W-9 form, and such form shall be attached tmthis Agreement.
DATED this day of 20
INSTRUCTOR:
(signature)
(name)
Nuc, z
=
N
(address)
.
(city, -state, zip)
I(phone
number)
{DTP2i1'3286.DOC; 11/13175,0000011) Page 4 of 6
CITY OF TU I A:
(signature)
(name)
(title) /
City of Tukwila Parks and Recreation Department
12424 — 4211d Avenue South
Tukwila, WA 98168
(206) 768-2'822
FAX (206) 768-0624
Estimated Contract Value I UP 0
Department Approval Executive Approval'
M, M a 1:399 Med Elf SM 9
Item #
Description (30 characters)
GL Key
GL Object
JL Key
JL Object
Amount($)
1
African Drumming Instruction
PR007206
541011
11600705
632.000
$2500
2
3
4
5
6
7
8
9
10
Total:
$2500
(DTP27113286.DOC; V1 3175.0000011 ) Page 6 of 6
AGREEMENT FOR INSTRUCTIONAL: SERVICES
Exhibit A: Class Description, Scheduling, Etc.
IDTP2713286. DOC; Ill 3175MO001/ ) Page 5 of 6
African Drumming: Learn to play traditional rhythms of West Africa from Sekou
Fofana, a dynamic percussionist and vocalist from Guinea, West Africa. Sekou grew up
in (the capital city) Conakry and came to the Seattle area in, 2016. He has worked for
over 30 years studying, making, and teaching music. He is a joyous, strong, and
energetic artist with a lot to share. In this class he will introduce the different drums
Class Diescription(s):
(djembe, dun dun, sanigban, and kenkeni), and share techniques for playing each one.
He will teach about 2-3 different rhythms, covering what significance they have
culturally, from what region they come, a short song that might be sung along with them,
and -of course -how to play them! Sekou is an incredibly patient teacher, passionate
about his craft and dedicated to preserving his culture through sharing the music and
song.
Class Size(s):
...... . ...
4 — 10 Students
Class Schedule(s):
Saturday mornings 10:30 — 11:30am.
Class Location(s):
Tukwila Community Center —12424 42nd Ave. S — Tukwila, WA 98168
Class Substitute(s).
N/A
IDTP2713286. DOC; Ill 3175MO001/ ) Page 5 of 6