HomeMy WebLinkAboutInstructor Services Agreement with Krista French for Jewelry InstructionAGREEMENT FOR INSTRUCTOR SERVICES
This AGREEMENT FOR INSTRUCTOR SERVICE is made this _10th organized under of laws -u the
2010, by and between the City of Meridian, a municipal corporation Idaho (hereinafter "City"), and
State of Idaho, whose address is 33 East Broadway Avenue, Meridian,
Krista French [an individual. person] whose address is 5966 S. Tulip PL. Boise, ID. 83716 (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,
ofth
d ne the promises and covenants
t and sufficiency of
which is hereby acknowledged and agreed, and in consideration
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 Servall pe' a rm opy of which is
City all services as specified in the document entitledpe
attached hereto as Exhibit A and incorporated herein by this reference.
B. Timeliness. Instructor shall perform services a d forth in work under
this bit A Agreement in a timely
manner in accordance with the dates and times
C. Criminal history check. At least thirty (3Department ays prior tomake arrangementsclass,
to provide Instructor et
shall contact the City, s Human Resources partment and
of fingerprints. Upon completion of fingerprinting, imlty shall i al backgrolundscheck on Inspe cor and
to
the Idaho State Police, which shall run a natio
provide the results to City. Instructor shall be required to provide fingerprints and 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. Instructohallprestablished by any and all applicovide services and work under able
is
Agreement consistent with the requirements and
standards
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
r this
represents and warrants that Instructordustrwill perform all work standards and safetyepracti practices thetprofessions
in
accordance with generally accepted Y
or specialties that are used in performance of this Agreement.
AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES
PAGE l OF 6
II. CONSIDERATION.
A. Calculation of payment. City shall pay Instructor nueor services rendered under this generated by registration fees Agreement
at the rate of eighty percent (80%) of the tots g
for the class. This amount shall constitute full compensation
or any and all not o exceed $ ices, . services,
and costs performed or furnished by Instructor. This
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 oState
terms andme tcondi�ons of this Agreementcial Security tax �m
any payment made by City to Instructor under
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,shall not be
limited to meals, lodging, or transportation. Further, without limitation,
Instructor 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 foever discharge City and its r agents on�ury to
and
employees from and for any and al/ losses claimsactions, judgments for damages
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
AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES
PAGE 2 OF 6
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.
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
Krista French
5966 S. Tulip PI
Boise, TD 83716
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.
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, violence (including but not limited to murder, manslaughter,
battery, or domestic battery), or felony drug delivery.
b. It is determined that Instructor has, within the previous ten (10) years, been convicted of
or been incarcerated for a criminal charge of or related to felony drug possession.
AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 3 OF 6
C. 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. Nan -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.
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
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.
AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 4 OF 6
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 Jewelry 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
county for this class.
5. Beaded Bracelet or Necklace class will be held on 917110 on Tuesday at 7:00pm at the
Meridian Community Center.
6. 90 minutes in duration 1 classes per week and I weeks per session.
7. Wire Wrapped Bracelet class will be held on 9121110 on Tuesday at 7:00pm at the Meridian
Community Center.
8. 90 minutes in duration 1 classes per week and l weeks per session.
9. Crystal Illusion Necklace class will be held on 1015110 on Tuesday at 7:00pm at the
Meridian Community Center.
10. 90 minutes in duration I classes per week and 1 weeks per session.
11. Haled Stamped Silver Pendant class will be held on 10/19/10 and 10/26/10 on Tuesday at
7:00pm at the Meridian Community Center.
12. 90 minutes in duration 1 classes per week and 2 weeks per session.
13. Wire Wrapped Pendant class will be held on 11/30/10 on Tuesday at 7:00pm at the
Meridian Community Center.
14. 120 minutes in duration I classes per week and I weeks per session
15. Earrings Workshop class will be held on 12/14/10 on Tuesday at 7:00pm at the Meridian
Community Center.
16. 120 minutes in duration 1 classes per week and I weeks per session
17.
AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 6 Of 6
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.
O. 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 WHEREOF, the parties hereto have executed this Agreement on this , ay
of At. v aj , 2010
INSTRUCTOR:
[Instructor name]
CITY OF MERIDIAN:
BY:
"Wits, sing Manager
AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 5 OF 6