HomeMy WebLinkAboutInstructor Service Agreement with Young Rembrandts for Drawing and Cartooning InstructionJan 07 08 02:26p MRRrVIE MC COLLOW 200-:~31-0542 p, ].
AC~REEiVtEiVT
FOR
INSTR~ICTOFt SERVICES
THIS ACf12EEAflEt~iT ~'®R !I'dSTRl9CT®R SERVICES rS tTlcadG-'this 7th
day of Jati~aa~_, 2008, and entered into by and beri~veerl the City of Meridian, a
rnunicipal corporation organized under the laws of the State of fdaho, hereinafter
referr~;d to as '°CITY", 33 East idaha Avenue, Meridian.; Idaho 8;3642, and
. Yo~ing r?ernbrandts ,hereinafter referred to as "CONSUL_~"ANT", whose
business address is PO f3nx 6337 Boise ID, 8370? .
lRITRU®~CTiON
Whereas, 'the City has a need for services involving Dravvint~ and
Cartaor2inc~_ Instruction; and
1Ni-IEIZEAS, the Consultant is specially trainEd, experienced and
competent to perform and has agreed to provide such services;
NOUV, THEREFORE, in consideration of the mutual promises,
covenants, terms and conditions hereinafter contained, the parties agree as
fiollovvs:
TER(f~S AIV® COND4TlCNS
Scvpe ®€ Services:
1.1 CONSULTANT' shall perform and furnish to the City upon
execution of this Agreement and receipt o. the City's written notice
to proceed, all services, and comply in all respects, as specified
below and in Exhibit A.
cl. h~R/a~/-1I9VG A~t~ CART00~3' 1640 li~STRl1CTION
1.2 Aft d:~cuments, drawings and written work product prepared
or produced by the Consultant under this Agreement, including
witi~rout limitation electronic data ales, are the property of the
Consultant; provided, however, the City shall have tf~re right to
reproduce, pu-bush and use all such work, cr any part thereof, in
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Jan 07 08 02:26p MFlRhfIE MC COLLOW 208-331-0542 p.2
any manner and for any purposes whatsoever and to ar.rthonze
others to do so.
1.3 The Consultant shall provide services and work under this
Agreement consistent with the requirements and standards
established by applicable federal, state and city laws, ordinances,
regulations and resolutions. The Consultant represents and
warrants that it will perform it's work in accordance with generally
accepted industry standards and practices for- the profession or
professions that are used in performance of this Agreement and
that are in effect at the time of performance of this Agrer-.meat.
2. Consider~ition
2.1 The Consultant shall be compensated on a time and
Materials basis as provided in "Exhibit 6" below, for full and
complete compensation under this agreen--ent. The City wit( not
withhold any Federal or State income taxes or Social Security Tax
from any payment made by City to Consultant under the terrr~s and
conditions of this AyreemeM.
3. Throe of t'erforrrraeace:
This agreement shall become effective upon execution by both
parties, and shall expire upon completion of the agreed upon
services unless sooner terminated as provided below or unless
some other method or time of terrTrination is listod in Exhibit .A.
This Agreement shall terminate autornatic:ally on the occurrence of
(a} bankruptcy or insolvency of either party, or (b} sale of
Consultants business.
4. ir~cieg~erodcnt Contrac~otr:
4.1 In al'I matters pertaining to this agreement, CUNSUL-I-ANT
shall be acting as an independent contractor, and neither
CONSULTANT nor any officer, er~iployee or agent of
CO}~SUI_l°ANT will be deemed an employee of CIIY_
6. lVotiices: Any and ail notices required to be given by either of the
parties hereto, unless ottrerwise stated in this agreerrrent, sltdll be
in writing and be deemed communicated when mailed in the United
Slates mail, certified, return receipt requested, addressed as
follows:
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,Jan 07 08 02:27~o MARhIE MC C;O~LOW 208-331-0542
p.3
City of Meridian
Purchasing Agent
33 E. Idaho Averue
Meridian, Idaho 83642
Young Rembrandts
PO Box 6337
BUise~ ID 83707
208-8G0-4329
Either party may change their address for the purpose of this
paragraph by giving written notice of such change to the other in
the manner herein provided.
8- .Atitorney b=ees: Should any litigation be commenced between the
parties hereto concerning this AftrF:ement, the prevailing party shall
be untitled, in addition to any other relief as may be 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 sl~~al! survive any
default, termination or forfeitr,u-e of this Agreement.
9. Time is of the Essence: The porkies hereto acknovriedge and
agree that time is strictly of the essence with respect to each and
every term, condition and provision hereof, and that the failure to
timely perform any of the obligations hereunder shall constitute a
breach of, and a default under, this Agreement by th~~ party so
failing to perforrYi.
10. Assignment: It is expressly agreed and understood by the parties
hereto, thaw CONSULTANT shall not have the right to assign,
transfer, hypothecate or sell any of its rights under this Agreement
except upon the prior express written consent of CITY.
11. I~iscr•irnination Prohit~ited: In performing the Services required
herein, CONSULTANT shall not unlawfully discriminate in vioiafiion
of any federal, state or local law, rule or regulation against any
person on the basis of race, color, religion, sex, national origin or
ancestry, age or disability.
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Jan 07 08 02:27p
1~
MARfY I L MC CO<_LOW
Reports and Information:
2Ua-331-05~c
12.1 At such times arrd in surf forms as the CfTY may require,
there shall be furnished to the CITY such statements, records,
reports, data and information as the CITY may request pertaining
to matters covered by this Agreen~errt.
14. Publication, Reproduction and Use of ~ateriai: No material
produced in whole or in part under this Agreement shall be subject
to copyright in the United States or in any other country. The CITY
shall have unrestricted authority to publisfa, disclose and otherwise
use, in whole or in part, any reports, data or other materials
prepared under this Agreement.
15. Compliance with Laws: In performing the scope of services
required hereunder, CO(VSULTAN"l- shall comply with all applicable
laws, ordinances, and codes of Federal, State, and local
governments.
16. Changes: The CITY may, from lime to time, request changes in
the Scope of Services to be performed hereunder. Such changes,
including any increase or decrease in the amount of
CONSULTAtVT'S compensation, which are mutually agreed upon
by and between the CITY and GOi`JSULTAiVT, shall be
incorporated in written amendments to this Agreement.
17. Terarrination: 1f, through any cause, CONSULTANT, its officers,
employees, or agents fails to fulfill in a timely and proper manner its
obligations under this Agreement, violates any of the covenants,
agreements, 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 contract, or if the City Council determines that
termination of this Agreement is in the best interest of Cll-Y, the
CfTY shall thereupon have the right to terrnina#e this Agreement by
giving written notice to CONSULTANT of such termination ar~d~
specifying the effective date thereof at least fifteen (15) days before
the effective date of such termination. CONSUL-rANT may
terminate this agreement at any time by giving at least sixty (60 j
days notice to CITY.
!n the event of any termination of this Agreem~=.nt, all finished or
unfinished documents, data, and repor"ls prepared by
R.4
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Jan 07 08 02: 2'7~o MHFZrYIE MC COLL_OW 208-331.-0542
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CONSULTANT under this Agreerent shall, at the option of the
CITY, become its property, and CONSULTANT shall be enkitled to
receive just and equitable compensation for any work sltisfactorily
complete hereunder.
Natvrithstanding the above, CONSULTANT shall not be relieved of
liability to the CIIY for damages sustained by the CITY by virtue of
any breach of this Agreement by CONSULTANT, and the GhfY
nay withhold any payments to CONSULTANT" for the purposes of
set-off until such time as the exacf amount of darrrages due the
GfTY from CONSULTANT is detenrrined. This provision shall
survive the tenr~ination of this agreement and shall not relieve
CONSULTANT of its liability to the CITY for damages.
18. G®nstructiorr and Severabiiity: If any part of this Agreerrlent is
held to be invalid or unenforceable, such holding will not affect the
uaiidity ar enforceability of any other part of this Agreement so long
as the remainder of the Agreement is reasonably capable of
completion.
19. ;4dvice 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.
19. Entire e4greemee~t: This Agreement contains the entire agreement
of the parties and supersedes any and all other agreernr:nts or
understandings, oral of written, whether previous to the execution
hereof or contemporaneous herewith.
20. applicable Law: This Agreement shall be governed by and
construed and enforced in accordance with the Paws of trre State of
Idaho, and the ordinances of the City of Meridian.
21. Approval f~eq~cireci: This Agreement shall not become effective or
binding urrtil approved by the City of fVferidian.
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Jan 07 08 02:28p
C9'TY OF ~JIE~1®9AN
MRf:N I E MC COLLOW
BY:
TAMMY d ERG
~~ ~'~
~~ ,:
Attest:
%,
LIAM C~. SERG, JR., 1
208-331-054^c
p.6
CONSUL.TAIiV~'
,~ `.
~~
,, BY:
.,
C9,2z-o8
~~~~
~~ =
T y----v°~~r \
,,
Approve! as to Cor-Y~rat
BY:_~
KEITf-6 S, PU ASING AGENT
.0.pproved as t® F=ord
CITY ,A'l~T®RNEY
®epartrm~rat Ap~ruval
By~- ~.
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Jan 07 08 02:28p MRRrYIE MC COLLOlJ 208-331-054
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EX~iii~l~' ~
SC®PE ®t= SERVICES
~ ~ Sot up class room to r~neet the need:; of the class and participants.
a. Lead, instruct, and demonstrate the appropriate activities related to
safe drawing activities end curriculum.
3. Provide a nurturing and supportive enviranrnent that encourages
par#icipants in their efforts.
~. Complete and submit all reports and participant tracking inf<xmation as
required by the county for this cuss.
'~ "Elementary Drawing" class wiM be one hours (1j in duration, one (1)
classes per week and four (4) weeks per session.
~• "Cartoon Drawing" class will be one hour (1) in duratiorr, or~te (1)
classes per week and four (~) weeks per session.
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Jan Oi' 08 02:28p MHRhIE MC COLLOW 208-331-0542
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~XfiifBlT fc3
Pay will be eigf~ty (8Uj percent of the total revenue general:ed fey par'ticipant's
registration 'fees.
~~st-TA-~xo~ec9 $3,30.00
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