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HomeMy WebLinkAboutInstructor Service Agreement with Jennifer Browning for Parenting Instruction~GREEMENT FOR INSTRUCI'OR SER!/ICES THIS AGREEMENT FOR INSTRUCTOR SERVICES is made this 1st day of May , 2008, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Jennifer Browninq , hereinafter referred to as "CONSULTANT", whose business address is 4822 N. Rosepointe Way Boise, Id 83713 ,. INTRODUCTION Whereas, the City has a need for services involving parentinq instruction; and WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution .of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specifiied below and in Exhibit A. a. PARENTING FNSTRUCTION 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including wifhout limitation electronic data files, are the property of the Consultant; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in Page 1 of 8 12. Reports and Information: 12.1 At such times and in such forms as the CiTY may require, there shall be furnished to the C1TY such statements, records, reports, data and information as fhe CITY may request pertaining to matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: 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 publish, disclose and otherwise _ use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Cornpliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with ail applicable laws, ordinances, and codes of Federal, State, and loca9 governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, incfud'ing any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 17. Terrnination: If, 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 terminafion of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate fhis Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may termina#e this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by Page 4 of 8 CONSULTANT under this Agreement shaU, at the option of the C1TY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CiTY for damages sustained by the C1TY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to GONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 18. Construction and SeverabiFity: If any part of this Agreement is held to be invalid or unenforceable, such hold'ing will 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. 19. 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. 19. 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. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with fhe laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. Page 5 of 8 May 23 08 07:O1p Jennifer Browning CITY pF MERIDIAN 1 BY: TAMMY d ERD, MAYOR Aftest: ~ JAYCL~ L. HOLMAN, CITY C Approved as to Content 208 939 6110 p,l CONSULTANT '~ fri7~ Y: s~~nt~~~ ~~~~~,~, ~ ,,,~,,,~.,.,. ~, ~ ~,,,,,,,, ,.., y ~ ~-,., ,• , ; -. o = •\` ~ ~~~ q,~''', ~ ~RK , EAL _ , ~ ,~~,~ .; ',~.,~ r ~~ P .\'~. ~''% ~fT't • w ~`~~~ ~~`''~~~-~~~ ~~~~~~~~`'~~ p BY: / KEITH WATTS, PURCHASING AGENT Approved as to Form CITY ATTORNEY epartment Approval By: ' Page 6 of 8 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 recreation activities 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 county for this class. 5. "Parenting with Love and Logic" class will be one and a half (1.5) hours in duration, one (1) class per week, and four (4) weeks per session. Page 7 of 8 EXH'IBIT B CONSIDERATION Pay will be eighty (80) percent of the total revenue generated by participant's . registration fees. Not-To-Exceed $288.00 Page 8 of 8