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HomeMy WebLinkAboutInstructor Service Agreement with Gretchen Vetter for Parenting InstructionAGREEMENT FOR INSTRUCTOR SERVICES THIS AGREEMENT FOR INSTRUCTOR SERVICES is made this 16h day of April , 2009, 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 Broadway Avenue, Meridian, Idaho 83642, and Gretchen Vetter ,hereinafter referred to as "CONSULTANT", whose business address is 12380 W. View Ridge Dr. Boise, ID 83709 , . INTRODUCTION Whereas, the City has a need for services involving Parenting 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 specified below and in Exhibit A. a. PARENTING INSTRUCTION 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant. Page 1 of 8 City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Gretchen Vetter _1.2380 W. View Ridge Dr. Boise, ID 83709 208-333-1485 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. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, 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 shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge 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 the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that 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. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation 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. Page 3 of 8 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 CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT 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 a_nd shall not relieve CONSULTANT of its liability to "theCITY for damages. 18. Construction and Severability; ~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 parfi 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 the 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 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 parenting 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 from Your Heart" class will be four (4) hours in duration, one (1) class per week and two (2) weeks per session. Page 7 of 8