HomeMy WebLinkAboutSummer 2015 About the Kids Lacrosse InstructionAGREEMENT FOR INSTRUCTOR SERVICES
This AGREEMENT FOR INSTRUCTOR SERVICES is made this 21" day of April, 2015, by
and between the City of Meridian, a municipal corporation organized under the laws of the State of
Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and About
The Kids [a corporation/limited liability company organized under the laws of the state of Idaho]
whose address is 5438 N. Fox Run Meridian, ID 83642 (hereinafter "Instructor") (collectively,
"Parties").
WHEREAS, City and Instructor are mutually interested in providing and enhancing
educational and recreational opportunities in the Meridian community;
WHEREAS, Instructor has specialized training, experience, and skill and is willing to dedicate
such skill to the instruction and edification of others;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants
herein contained, and in consideration of the recitals above, which are incorporated herein, City and
Instructor agree as follows:
I. GENERAL OBLIGATIONS AND EXPECTATIONS OF INSTRUCTOR.
A. Scope of Services. Upon execution of this Agreement, Instructor shall perform and furnish to
City all services as specified in the document entitled "Scope of Services," a copy of which is
attached hereto as Exhibit A and incorporated herein by this reference.
B. Timeliness. Instructor shall perform services and work under this Agreement in a timely
manner in accordance with the dates and times set forth in Exhibit A.
C. Criminal history check. At least thirty (30) days prior to the first scheduled class, Instructor
shall contact the Parks and Recreation Department and make arrangements to provide all
information required to perform a criminal history check. Instructor shall be required to
undergo a criminal history check for purposes of this Agreement once per year.
D. Photographs. Instructor consents to the publication and/or use of any photographs or
recordings of Instructor by City for promotional purposes.
E. Compliance with laws and standards. Instructor shall comply in all respects with the
Meridian Parks and Recreation Department Administrative Policy regarding Contracted
Instructor Policies and Procedures, attached hereto as Exhibit B. Instructor shall provide
services and work under this Agreement consistent with the requirements and standards
established by any and all applicable federal, state and city laws, ordinances, regulations and
resolutions. This shall include, but is not limited to, any necessary federal, state, county, or city
licensing required. Instructor represents and warrants that Instructor will perform all work
under this Agreement in accordance with generally accepted industry standards and safety
practices for the professions or specialties that are used in performance of this Agreement.
AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 1 OF 9
II. CONSIDERATION.
A. Calculation of payment. City shall pay Instructor for services rendered under this Agreement
at the rate of eighty percent (80%) of the total revenue generated by registration fees remitted
for the class. This amount shall constitute full compensation for any and all services, materials,
and costs performed or furnished by Instructor. This amount shall not exceed $1,764.00
B. Method of payment. City shall remit payment to Instructor for services rendered under this
Agreement within thirty (30) days of the final class of each session.
C. Taxes. City shall not withhold any Federal or State income taxes or Social Security tax from
any payment made by City to Instructor under the terms and conditions of this Agreement.
Payment of all taxes and other assessments on such sums shall be the sole responsibility of
Instructor.
D. No additional compensation. Except as expressly provided in this Agreement, Instructor shall
not be entitled to receive from City any additional consideration, compensation, salary, wages,
or other type of remuneration for services rendered under this Agreement., including, but not
limited to meals, lodging, or transportation. Further, without limitation, Instructor shall not be
entitled by virtue of this Agreement to consideration in the form of overtime, health insurance
benefits, retirement benefits, paid holidays, or other paid leaves of absence of any type or kind
whatsoever.
III. GENERAL TERMS AND CONDITIONS.
A. Acknowledgment. Instructor acknowledges that rendering services under this Agreement
presents risks, some of which are unknown, and agrees to assume all risks associated with the
fulfillment of the terms of this Agreement.
B. Indemnification and waiver. Instructor and each and all of Instructor's employees, agents,
contractors, officials, officers, servants, guests, and/or invitees shall, and hereby does,
indemnify, save and hold harmless, release and forever discharge City and its agents and
employees from and for any and all losses, claims, actions, judgments for damages, or injury to
persons or property and losses and expenses caused or incurred by Instructor or any employee,
agent, contractor, official, officer, servant, guest, and/or invitee thereof, at or in its use of City
property, facilities, or equipment or any lack of maintenance or repair thereon and not caused
by or arising out of the tortious conduct of City, regardless of the manner by which such claim
may be brought.
C. No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or
habitability of the premises, property, facilities, or equipment that City provides for Instructor's
use. Instructor accepts the premises, property, facilities, or equipment provided by City as is,
both at the Effective Date of this Agreement and for each practice session, game, and/or game
day.
D. Time of the essence. The Parties acknowledge and agree that time is strictly of the essence
with respect to each and every term, condition and provision of this Agreement, and that the
failure to timely perform any obligation hereunder shall constitute a breach of, and a default
under, this Agreement by the party so failing to perform.
AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 2 OF 9
E. Notice. Communication between the Parties regarding day-to-day matters (e.g., issues related
to scheduling and venue) shall occur via e-mail, facsimile, or telephone. All other notices
required to be given by either of the Parties shall be in writing and be deemed communicated
when personally served, or mailed in the United States mail, addressed as follows:
City of Meridian
Attn: Recreation Coordinator
33 E. Broadway Avenue
Meridian, Idaho 83642
About The Kids
Tom Welsh
5438 N. Fox Run Way
Meridian, ID 83642
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein
provided.
F. Assignment. Instructor shall not assign or sublet all or any portion of Instructor's interest in or
obligations under this Agreement or any privilege or right hereunder, either voluntarily or
involuntarily, without the prior written consent of City. This Agreement and each and all of the
terms and conditions hereof shall apply to and are binding upon the respective organizations,
legal representative, successors, and assigns of the parties.
G. Independent contractor. In all matters pertaining to this agreement, Instructor shall be acting
as an independent contractor, and neither Instructor nor any officer, employee or agent of
Instructor shall be deemed an employee or agent of City in any manner or for any purpose.
Specifically, without limitation, Instructor understands, acknowledges, and agrees:
1. Instructor is free from actual and potential control by City in the provision of services under
this Agreement.
2. Instructor is engaged in an independently established trade, occupation, profession, or
business.
3. Instructor has the authority to hire subordinates.
4. Instructor owns and/or will provide all major items of equipment necessary to perform
services under this Agreement.
5. Neither Instructor nor City shall be liable to the other for a peremptory termination of the
business relationship described under this Agreement.
H. Termination.
Grounds for automatic termination. This Agreement shall automatically terminate, with
no notice to Instructor, upon which Instructor's classes shall be immediately cancelled and
the Parties shall have no further dealing hereunder, upon the occurrence of any of the
following:
a. It is determined that Instructor has ever been convicted of a criminal charge of or
related to any sexual offense or convicted of any felony crime of violence.
AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 3 OF 9
b. It is determined that Instructor has, within the previous ten (10) years, been convicted of
any other felony charge.
c. It is determined that Instructor has, within the previous seven (7) years, been convicted
of any misdemeanor crime of violence.
d. It is determined that Instructor has, within the previous five (5) years, been convicted of
any misdemeanor charge related to alcohol or illicit drugs or substances, or within the
previous ten (10) years, been convicted of two or more misdemeanor charges related to
alcohol or illicit drugs or substances.
e. It is determined that Instructor has, within the previous five (5) years, been convicted of
any misdemeanor crime that presented a potential danger to minor children, or is
directly related to the services described in this Agreement.
f. It is determined by the Director of the Parks and Recreation Department that
Instructor's criminal history indicates that it is in the best interest of the City to
terminate the Agreement.
2. Grounds for termination with notice. If, for any reason, Instructor fails to fulfill in a
timely and proper manner Instructor's obligations under this Agreement, violates any of the
covenants, agreements, and/or stipulations of this Agreement, falsifies any record or
document required to be prepared under this Agreement, engages in fraud, dishonesty, or
any other act of misconduct in the performance of this Agreement, and/or City determines
that termination of this Agreement is in the best interest of City, City may terminate this
Agreement by mailing written notice to Instructor of such termination and specifying the
effective date thereof, at least forty-eight hours prior to the effective date of such
termination. Instructor may terminate this agreement at any time by giving at least seven
(7) days notice to City.
3. Liability upon termination. Notwithstanding the above or any other provision of this
Agreement, Instructor shall not be relieved of liability to City for damages sustained by
City by virtue of any breach of this Agreement by Instructor, and City may withhold any
payments to Instructor for the purposes of set-off until such time as the exact amount of
damages due City from Instructor is determined. This provision shall survive the
termination of this agreement and shall not relieve Instructor of liability to City for
damages.
I. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of
this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter
enforce such term, and any right or remedy hereunder may be asserted at any time after the
governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in
enforcement. All rights and remedies herein enumerated shall be cumulative and none shall
exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy
provided for herein or allowed by law shall not be to the exclusion of any other remedy.
J. Attorney fees. Should litigation commence between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as may be
AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 4 OF 9
granted, to court costs and reasonable attorneys' fees as determined by a court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
K. Discrimination prohibited. In performing services under this Agreement, Instructor shall not
unlawfully discriminate against any person on the basis of race, color, religion, sex, national
origin or ancestry, sexual orientation, age, or disability.
L. Compliance with laws. In performing the scope of services required hereunder, Instructor
shall comply with all applicable laws, ordinances, and codes of Federal, State, and local
governments.
M. Construction and severability. If any part of this Agreement is held to be invalid or
unenforceable, such holding shall not affect the validity or enforceability of any other part of
this Agreement so long as the remainder of the Agreement is reasonably capable of completion.
N. Entire agreement. This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral of written, whether previous to
the execution hereof or contemporaneous herewith.
Q. Applicable Law: This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian.
P. Advice of attorney. Each party warrants and represents that in executing this Agreement, it
has received independent legal advice from it's attorney's or the opportunity to seek such
advice.
Q. Approval Required: This Agreement shall not become effective or binding until approved by
the City of Meridian.
IN WITNESS WIEREOF, the parties hereto have executed this Agreement on this day
of J�M—, 201
INSTRUCTOR:
About The Kids Tom Welsh
'*'flr' I have read, understand, and agree to comply with all provisions of the Meridian Parks and
RgrIAL Recreation Department Administrative Policy regarding Contracted Instructor Policies and
Procedures (Exhibit B).
CITY OF MERIDIAN:
BY:
th Watts, Purchasing Manager
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AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 6 OF 9
EXHIBIT A
SCOPE OF SERVICES
1. Set up class room to meet the needs of the class and participants.
2. Lead, instruct, and demonstrate the appropriate activities related to safe LaCrosse
Instruction and curriculum.
3. Provide a nurturing and supportive environment that encourages participants in their efforts.
4. Complete and submit all reports and participant tracking information as required by the
City for this class.
5. Lacrosse classes will be held at the Idaho Indoor Soccer Center with the following
schedule:
LEARN TO LOVE LACROSSE
INSTRUCTOR: TOM WELSH AGES 3 - 6
CLASS DATE DAY TIME FEE
#2206.051 5/6-6/3 Wed. 11:00 - 12:00 p.m. $45
LEARN TO LOVE LACROSSE
INSTRUCTOR: TOM WELSH AGES 6 - 10
CLASS DATE DAY TIME FEE
#2206.071 7/8-7/29 Wed. 4:00 - 5:00 p.m. $36
AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 7 OF 9
EXHIBIT B
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Meridian Parks and Recreation Department
ADMINISTRATIVE POLICY
SUBJECT: CONTRACTED INSTRUCTOR POLICES AND PROCEDURES
PURPOSE: To standardize program registration policies, improve customer service, and
establish expectations for recreational instructors.
POLICY: This policy applies to any person or organization providing instructor services
under contract with the City of Meridian.
Instructor is required to access class rosters prior to class. This will allow
the instructor to understand how many participants to prepare for, identify
which participants have paid their registration fee, identify any special
accommodations needed and if the class has reached its minimum
enrollment.
2. If a participant arrives at a class and is not on the roster, this means the
participant has not paid for the class fee and is not eligible to participate.
3. Instructor may not allow participation if class fees have not been paid.
This is done to ensure participants are enrolling before class begins and to
ensure participants have signed a waiver prior to participation as required
by the City of Meridian.
4. Instructor is required to check if upcoming classes have met their
minimum 48 hours prior to class start date.
5. If a class has not met the set minimum enrollment, Instructor must inform
the Recreation Coordinator whether the Instructor will host the class
below its minimum enrollment or cancel the class offering.
6. If classes have not met their minimum enrollment two business days prior
to the first class meeting and the Instructor has not contacted the Meridian
Parks and Recreation office, Meridian Parks and Recreation Staff will
proceed with cancelling the class and enrollees will be contacted, notified
and issued a refund.
7. Maximum enrollment numbers an Instructor sets when submitting their
class information are final. Meridian Parks and Recreation Staff will not
overenroll any class.
8. When a class is offered in the Meridian Parks and Recreation Activity
Guide and does not receive any enrollments in two consecutive activity
guides, Meridian Parks and Recreation will no longer offer this class.
9. For first-time class offerings, a maximum of four sessions will be listed in
the Activity Guide.
10. All class fees an Instructor sets when submitting his or her class
information for the Activity Guide are final. Class fees are approved by
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City Council pursuant to statutory process with the production of each new
Activity Guide.
11. Instructor must include all costs, including any materials or costume fees,
within the Activity Guide description.
12. Instructors may not require participants to pay any fee or purchase any
item that is not listed in the Activity Guide.
13. Payment for class registration fees can only be accepted by a City
employee at the Meridian Parks and Recreation Department by payment in
person at City Hall, over the phone, or online. Instructors are not City
employees and cannot accept payment for class registration fees under any
circumstances.
14. Instructor will submit important informational hand-outs provided to
customers to the Recreation Coordinator so that Meridian Parks and
Recreation Staff can have all of the information Instructors are providing
participants.
15. Instructors are required to meet the Meridian Parks and Recreation two
deep leadership policy:
Adults providing instruction to youth under the age of 18, in a recreational
program sanctioned by the City of Meridian, must have a second adult
present at all times. The second adult requirement can be filled by a
second instructor, a volunteer or a parent of one of the youth participants
enrolled in the activity.
16. Regarding the Meridian Community Center:
17. Instructors will receive a key code to access the building. This code may
be shared only with subordinates specified as outlined in the Agreement
for Instructor Services. DO NOT share a key code with customers or
family members. All who have key code access to the building will need
to be communicated to the Recreation Coordinator.
18. Please follow the Meridian Community Center Facility Use Instructions
posted next to the phone and in many locations around the community
center to open and close the facility.
19. For night classes; please do not go over the allotted class times as facility
cleanings may be scheduled after your class.
20. If, due to instructor illness, personal schedule or inclement weather, the
instructor will need to cancel a class; Instructor is required to contact the
Meridian Parks and Recreation offices and inform our staff of the class
cancellation prior to the scheduled class.
AUTHORITY: Employees of the Meridian Parks & Recreation Department shall be authorized
to require compliance with any and all terms of this policy.
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