HomeMy WebLinkAboutInstructor Service Agreement with Victor Burke for Ballroom Dance Instruction (2)' AGREEMENT
FOR
' INSTRUCT4R SERVICES
THiS AGREEiU1ENT FOR INSTRUCTOR SERVICES is made this 21st
day af April , 2Q~8, and enfered into by and between the City of Meridian, a
munici~al corporation organized under the laws ofi the State of Idaho, hereinafter
referred to as "CfTY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Victor
' Burke , hereinafter referred to as "CONSUL.TANT", whose business address is
607 Alturas St. Nampa Id 83686 ,.
, 1PlTRODUCTION
Whereas, the City has a need for services involving Ballroom
Dance Instruetion; and
WHEREAS, the Consultant is specially trained, experienGed and
competent to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises,
cavenants, terms and canditions hereinafter contained, the parties agree as
follows:
TERMS AND CONDITIONS
Scope of Services:
1.1 CONSULTANT shall perform and furnish to the City upan
execution of this Agreement and receipt of the City's written notice
to praceed, alf services, and c~mply in all respects, as speaified
below and in Exhibit A,
a. BALLROC~M DANCE 1NSTRUCTION
1.2 All documents, drawings and written work product prepared
or pr~duced by the Cansultant under this Agreement, including
without limitafion electronic: data files, are the praperty of the
C~nsultant; provided, however, the City shail have the right to
reproduce, publish and use a!I such work, or any part thereof, in
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any manner and for any purposes whatsoever and to authorize
others to do so.. -
; 1.3 The C;onsultan# shall provide serviaes and work under this
Agreement consistent with the requirements and standards
established by applicable federal, state and city laws, ordinances,
regula#ions and resolutions. The Consultant represents and
warrants that it will perform it's work in accordance with generally
~ accepted industry standards and ~raGtices for the profession or
~ professi~ns that are used in performance af this Agreement and
that are in effect at the time of performance of this Agreement.
+ 2. Consideration
, 2.1 The Consultant shall be c:ampensated on a time and
' Materials t~asis as provided in "Exhibit B" below, for full and
~ complete compensation under this agreement. The City will n~t
withhoid any Federal or Sta#e income taxes or Social Security Tax
; from any payment made by City to Consultant under fihe terms and
conditions of this Agreement.
3. Time of Pertormance:
This agreement shall become effective upon exec;utian by both
pa~ties, and shall expire upon completion of the agreed upon
services unless sooner terminated as provided below or unless
some ather method or time of termination is listed in Exhibit A,
This Agreement shal( terminate automatically on the occurrence of
(a) bankruptcy or insolvency of eifiher party, ar {b) sale of
Consultants business.
4. Independent Contractor:
4.1 !n all matters pertaining to this agreement, CONSULTANT
shal! be acting as an independent contractor, and neither
CQNSULTANT nor any officer, employee or agent of
CONSULTANT will be deemed an emplpyee ~f CITY.
6.. Notices; Any and all notices required ta be given by either of the
parties hereto, unless otherwise stated in this agreement, shall be
in writing and be deemed communiGated when mailed in the United
States mail, certifiied, return receipt requested, addressed as
follows:
Page 2 of 8
Cify of Meridian
, Purchasing Agent
33 E. tdah~ Avenue
~ Meridian, ldaho 83642
Victor Burke
607 Alturas St
Nampa, ID 83686
20$-860-8537
i
Either party may change their address for the purpose ~f this
' paragraph by giving written natice of such Ghange to the other in
the manner herein provided_
;
8. Attorney Fees: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall
be entitled, in additi~n to any other relief as may be granted, to
court costs and reasonable attarneys' fees as cietermined by a
Caurt of competent jurisdiction.. This ~rovision shall be deemed to
~ be a separate confiract between #he parties and shall survive any
defauft, termination or forteiture of this Agreement.
9, Time is of the Essence: The parties hereto acknowlec3ge and
agree that time is stricfly of the essence with respect to each and
every term, condition and provision hereaf, and that the failure to
timely perfarm any of the obligafi~ns hereunder shail constitute a
b~each of, and a default under, this Agreement by the party so
failing to perform.
10. Assignment: It is expressly agreed and understood by the parties
hereto, that CQNSULTANT shall not have the right to assign,
transfer, hyp~the~ate or sell any of its rights under this Agreement
except upon the pri~r express written r,onsent of CITY..
11.. Discrimination Prohibited: In perfarming the Services required
herein, GQNSULTANT shall not unlawfully discriminate in violatian
af any federal, state or local law, rule or regulation against any
person on the basis c~f race, color, religion, sex, national origin ar
ancestry, age or disability. ~
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12_ Reports and (nformation:
12..1 At suGh times and in such forms as the CITY 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 Agreement.
14. Publication, Reproduction and Use of Nlaterial: No material
prodi~ced in whale ar in part under this Agreement shall be subject
to copyright in the United States or in any other country. The CfTY
shail have unrestricted authority to publish, disclose and ~therwise
use, in who(e or in part, any reports, data or other materiafs
prepared uncler this Agreement.
15_ Comptiance with Laws: In performing the scope of services
requ:ired hereunder, CONSULTANT shalf comply with all applicable
faws, ordinances, and codes of Federal, State, and local
, gavernments..
16. Changes: The CITY may, from fime to time, request changes in
the Sc:~pe of Senrices ta be performed hereunder. Such changes,
including 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. Termination: If, through any cause, CONSULTANT, its officers,
employees, or agents fails ta fulfll in a timely and proper manner its
ob[igations under this Agreernent, violates any of the covenants,
agreements, or stipulations of this Agreement, falsifiies any record
or document required ta be prepared under this agreement,
engages in fraud, dishonesty, or any ather act of misc:onduct in the
performanGe of this contract, or ifi the City Cauncil determines that
termination of this Agreement is in the best interest of ClTY, the
CITY shall thereu~nn have the right to terminate this Agreement by
giving written notice to CON'SULTANT of such termination and
specifying the effective date thereof at least fifteen (15} days before
the effective date ~f such termination. CONSULTANT may
terminate this agreement at any tirne by giving at least sixty (6Q)
days nofice to CITY..
In the event of any terminafion of this Agreement, all finished or
unfinished doc:uments, data, and reports prepared by
Page 4 of 8
, CONSULTANT under this Agreement shail, at the opfion of the
CITY, become its property, and CONSULTANT shaii be entitled to
rec:eive just and equita6fe compensation for any work satisfactorily
complete hereunder.
N~twithstanding fhe abave, CONSULTANT shall not be relieved of
liabiiity to the CITY for damages sustained by the C;ITY by virtue of
any breach of this Agreernent by CONSULTANT, and the CITY
may withh~ld any payments to CONSULTANT for the purposes of
set-off until such time as the exact amount af damages due the
C1TY from CONSULTANT is determined. This provision shall
s«rvive the termination ~f this agreement and shall not relieve
CONSULTANT of its liability to the CITY for damages.
18. Construction and Severabilify: If any part of this Agreement is
held to be invalid or unenforceable, such holding 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 af
' completion.
` 19. Advice of Attorney: Each party warrants and represents that in
executing this Agreement, it has received independent legal advice
;~ fram it's attarney'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 previ~us t~ the execution
he~eof or contemporaneous herewifh.
20. Applicable Law: This Agreement shaU be govemed by and
canstrued and enfarced in acc:~rdance with the laws of the State of
Idaho, and the ordinances of the City of Meridian.
21.. Approval Required: This Agreement sha11 not bec:~me e~Fective or
binding until approved by the City of Meridian.
,
Page 5 of 8
CITY OF fUIERIDlAfV
~ BY: ~ - ~
, TAMMY de RD, MAYOR
Attest:
~(~o~Matv, c~n
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Approved as to Content "" "''
BY: ~
KEITH WA S, PURCHASING AGENT
,i
', Npproved as to Form
~ CtTY ATTORNEY
CONSU'LTANT
~
BY: 1 G T~~ ~i2 ~i
Department Approvai
_ ~
BY=
Page 6 of 8
' EXHIBIT A
SC(3PE OF SERVICES
, 1. Set up class roorn to meet the needs of fhe Glass and participants..
~ 2. Lead, instruct, and demonstrate the appr~priate activities related to
safe ballroom dance ac#ivities and ctarriculum.
3. Provide a nurturing and supportive enviranment that enc~urages
', participants in their efforts_
4. Complete and submit aU reports and ~articipant tracking infarmation as
' required by the county for this class.
' 5. "Beginning Ballroom" class will be two hours (2) in duration, two (2)
class per week and four (4) weeks per session.
Page 7 of 8
EXNFBIT B
CONSIDERATI~N
Pay wil! be eighty (8Q) percent of the total revenue generatec! by partic:ipant's
registration fees.
Not-To-Exceed $2,184.00
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