HomeMy WebLinkAbout25-278 - Contract - Parkour Visions - Instructor: Youth Parkour ClassesCity of Tukwila 25-278
" 6200 Southcenter Boulevard, Tukwila WA 98188 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 Parkour Vision, hereinafter
referred to as "the Instructor." The City and the Instructor are individually a "party" and collectively
the "parties."
WHEREAS, the City has determined the need to have certain services performed for its
residents but does not have the resources 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 parkour
instructional classes services ("Services") as further defined in Section 2 below, in
connection with the project titled youth after school athletics classes.
2. Scope of Services. The Instructor agrees to perform the Services described and specified
below, including the provision of all necessary labor, materials, equipment, and supplies.
Instructional Service(s): Providing local youth instruction in learning parkour.
Address of Service: Tukwila Community Center — 12424 42 n Ave S, Tukwila WA 98168
Dates/Times of Service: Mondays from 4pm-6pm (reference Exhibit A for more information)
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 in writing by the City.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period
commencing October 6, 2025, and ending December 15, 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 for a total sum not to exceed $7,000.00 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.
Instructional Services Page 1 of 6
Approved as to form: 03/2025
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.
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 or other reason on the 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 required for instructors contracted
by the City. 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 teach the scheduled activity and is unable to coordinate a substitute instructor,
it shall be the responsibility of the Instructor to notify the students of class cancellation. In
the event that the City cancels a scheduled activity, it shall be the responsibility of the City
to notify students of class 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 to be rendered under this
Agreement.
11. Indemnification. The Instructor shall defend, indemnify, and hold the City, its officers,
agents, officials, employees and volunteers harmless from and against any and all claims,
injuries, 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 by the
sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Instructor and the City, its officers, officials, employees, and volunteers, the Instructor's
liability hereunder shall be only to the extent of the Instructor's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes
the Instructor's waiver of immunity under Industrial Insurance, 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.
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Approved as to form: 03/2025
12. Insurance. Prior to the commencing the Services, the Instructor 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 Instructor, his/her/their agents,
representatives, employees or sub -contractors. The Instructor's maintenance of
insurance, 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
limit the City's recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. The Instructor shall obtain insurance of the types
and with the limits described below:
1. Commercial General Liability insurance with limits 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 Instructor's Commercial General Liability insurance policy with
respect to the work performed for the City.
2. Workers' Compensation coverage as required by the Industrial Insurance
laws 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 respect to the City. Any insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Instructor's insurance and
shall not contribute with it.
C. Verification of Coverage. The Instructor shall furnish the City with original
certificates and a copy of the 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 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 (5) 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.
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Approved as to form: 03/2025
14. Discrimination Prohibited. The Instructor, 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, delegate, 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 attorney'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.
[signatures to follow on next page]
Instructional Services Page 4 of 6
Approved as to form: 03/2025
DATED this 22 day of September, 2025.
CITY OF TUKWILA
Signed by: �/'�
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Signature
Jefri Peters
Printed Name
Parks & Rec Manager
Title
City of Tukwila Parks & Recreation
12424 - 42nd Avenue South
Tukwila, WA 98168
Phone: 206 768-2822
Fax: 206 765-0524
W9:
Instructional Services
Approved as to form: 03/2025
INSTRUCTOR
1Signed by:
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Signature
Brady Romberg
Printed Name
4585 SE Aldercrest Rd
Address
Milwaukie, OR, 97222
City, State, Zip
503-888-7293
Phone Number
Page 5 of 6
AGREEMENT FOR INSTRUCTIONAL SERVICES
Exhibit A: Class Description, Scheduling, Etc.
Instructional Services Page 6 of 6
Approved as to form: 03/2025
Initial Initial
Parkour Visions teaches kids and teens the fundamentals of parkour in a
safe, structured, and fun environment. Students will learn how to run,
Class
jump, climb, and vault over obstacles while building strength,
Description(s):
coordination, confidence, and body awareness. Classes focus on proper
technique, safety, and progression, helping participants develop physical
skills and mental focus through movement -based challenges and games.
Class Size(s):
Minimum class size of 3, maximum class size of 12. Classes are subject
to cancellation if minimum class size is not met.
Classes will meet on Mondays. Sessions will be divided into months
Class
starting September 21 and continuing through December 15. Two
Schedule(s):
classes will be offered each session — 4pm to 5pm class for ages 10-15
and 5pm to 6pm class for ages 7-12.
Class Location(s):
Tukwila Community Center gymnasium
1242442 n' Ave S, Tukwila WA 98168
Marcel Wilber will be the instructor for Parkour Visions classes at
Tukwila Community Center. Alex Bodin, Parkour Visions head coach
will be training Marcel for the first few weeks. Classes will be
Class
canceled, and participants will be refunded if the instructor cannot attend.
Substitute(s):
Parkour Visions is only contracted to provide 1 coach for these
classes. In the case that Parkour Visions and Tukwila Community
Center agree to add another coach, the payment total sum limit will
be adjusted accordingly.
Instructional Services Page 6 of 6
Approved as to form: 03/2025
Initial Initial