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HomeMy WebLinkAboutInstructor Services Agreement with Kristy Swinney for MassageIONAL SERVICES AGREEMENT FOR INSTRUCTOR SERVICES PROFESS ' NAL SERVICES AGREEMENT FOR INSTRUCTOR SERVICES is made This PROFESSIO • ~ 2011, b and between the City of Meridian, a municipal this day of ~, ~ Y ' r anized under the laws of the State of Idaho, whose address is 33 East Broadway corporation o g ' ' Idaho hereinafter "Cit " ,and Kristy Swinney, an individual person whose address Avenue, Meridian, ( Y ) 1517 W. Euclid Avenue, Boise, Idaho (hereinafter "Instructor") (collectively, "Parties" . 1S HEREAS Cit and Instructor are mutually interested in providing and enhancing wellness W ~ Y and fitness opportunities for employees of City; WHEREAS Instructor has s ecialized training, experience, and skill and is willing to dedicate p such skill to the instruction of City employees; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereb acknowledged and agreed, and in consideration of the mutual promises and covenants Y and herein contained, and in consideration of the recitals above, which are incorporated herein, City Instructor agree as follows: I. GENERAL OBLIGATIONS AND EXPECTATIONS OF INSTRUCTOR. A. Sco a of Services. Upon execution of this Agreement, Instructor shall perform and furnish to p Ci all services as specified in the document entitled "Scope of Services," a copy of which is tY attached hereto as Exhibit A and incorporated herein by this reference. B. Timeliness. Instructor shall perform services and work under this Agreement from October 1, 2011 through September 30, 2012. C. Com liance with laws and standards. Instructor shall provide services and work under this p A reement consistent with the requirements and standards established by any and all applicable g federal, state and city laws, ordinances, regulations and resolutions. Instructor represents and warrants that Instructor will perform all work under this Agreement in accordance with enerall accepted industry standards and safety practices for the professions or specialties that g Y are used in performance of this Agreement. II. CONSIDERATION. A. Com ensation. City shall pay Instructor for services rendered under this Agreement in the p amounts ecified in the Scope of Services attached hereto. This amount shall constitute full p com ensation for any and all services performed, materials furnished, and costs incurred by p Instructor. B. Method of payment. City shall remit payment to Instructor .for services rendered under this Agreement within thirty (30) days of receipt of monthly invoice. C. Taxes. City shall not withhold any Federal or State income taxes or Social Security tax from any payment made by City to Instructor under the terms and conditions of this Agreement. AGREEMENT FOR INSTRUCTOR SERVICES - KRISTY SWINNEY PAGE l OF 5 er assessments on such sums shall be the sole responsibility of Payment of all taxes and oth Instructor. • • ' n. Exce t as ex ressl rovided in this Agreement, Instructor shall D. No additional compensatio p p Y p ' to receive from Cit an additional consideration, compensation, salary, wages, not be entitled Y Y f remuneration for services rendered under this Agreement., including, but not or other type o ' in or trans ortation. Further, without limitation, Instructor shall not be limited to meals, lodg g, p ' virtue of this A reement to consideration in the form of overtime, health insurance entitled by g ' nt benefits aid holida s, or other paid leaves of absence of any type or kind benefits, retireme , p Y whatsoever. III. GENERAL TERMS AND CONDITIONS. A. Acknowled went. Instructor acknowledges that rendering services under this Agreement g r sents risks some of which are unknown, and agrees to assume all risks associated with the pe , fulfillment of the terms of this Agreement. B. Indemnification and waiver. Instructor and each and all of Instructor's employees, agents, ntractors officials officers, servants, guests, and/or invitees shall, and hereby does, co indemni save and hold harmless, release and forever discharge City and its agents and fY~ . . em to ees from and for any and all losses, claims, actions, judgments for damages, or injury to pY ersons or ro ert and losses and expenses caused or incurred by Instructor or any employee, p p p Y a ent contractor official, officer, servant, guest, and/or invitee thereof, at or in its use of City g roe facilities ore ui ment or any lack of maintenance or repair thereon and not caused by P P ~Y> q p or arisin out of the tortious conduct of City, regardless of the manner by which such claim may g be brought. C. No warran . Ci makes no warranty or promise as to the condition, safety, usefulness, or tY tY habitabili of the premises, property, facilities, or equipment that City provides for Instructor s tY 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 res ect to each and every term, condition and provision of this Agreement, and that the p . failure to timel erform any obligation hereunder shall constitute a breach of, and a default Yp 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 schedulin and venue) shall occur via e-mail, facsimile, or telephone. All other notices g .. re uired to be iven b either of the Parties shall be in writing and be deemed communicated q g Y when ersonally served, or mailed in the United States mail, addressed as follows: p City: City of Meridian Instructor: Kristy Swinney Attn: Human Resources Director 1517 Euclid 33 E. Broadway Avenue Boise, Idaho 83706 Meridian, Idaho 83642 AGREEMENT FOR INSTRUCTOR SERVICES - KRISTY SWINNEY PAGE 2 OF 5 its authorized re resentative andlor address for the purpose of this Either party may change p . ' ' written notice of such change to the other party in the manner herein paragraph by giving provide . ' or shall not assi nor sublet all or any portion of Instructor's interest in or F. Assignment. Instruct g ' nder this A reement or an privilege or right hereunder, either voluntarily or obligations u g y he ' 'bout the rior written consent of City. This Agreement and each and all of t involuntarily, wit p nditions hereof shall a 1 to and are binding upon the respective organizations, terms and co pp Y le al re resentative, successors, and assigns of the parties. g p nt contractor. In all matters ertaining to this agreement, Instructor shall be acting G. Independe p inde endent contractor, and neither Instructor nor any officer, employee or agent of as an p Instructor shall be deemed an employee or agent of City in any manner or for any purpose. H. Termination. If, for any reason, Instructor fails to fulfill in a timely and proper manner rector's obli ations under this A reement, violates any of the covenants, agreements, andlor Inst g g sti ulations of this A reement, falsifies any record or document required to be prepared under P g . this A reement en a es in fraud, dishonesty, or any other act of misconduct in the performance g ~ gg of this A reement, andlor City determines that termination of this Agreement is in the best g interest of Ci Ci ma terminate this Agreement by mailing written notice to Instructor of tY~ tY Y such termination and s eci ing the effective date thereof, at least forty-eight hours prior to the p ~' effective date of such termination. Instructor may terminate this agreement at any time by ivin at least seven 7 days notice to City. Upon termination of the agreement, Instructor's g g ~) classes shall be immediatel cancelled and the Parties shall have no further dealing hereunder, y exce t that Instructor shall be paid for services actually rendered pursuant to this agreement. p I. Liabili u on termination. Notwithstanding the above or any other provision of this tY p . A reement Instructor shall not be relieved of liability to City for damages sustained by City by g virtue of any breach of this Agreement by Instructor, and City may withhold any payments to Instructor for the u oses of set-off until such time as the exact amount of damages due City p~ . from Instructor is determined. This provision shall survive the termination of this agreement and shall not relieve Instructor of liability to City for damages. J. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this A reement shall not constitute a waiver or relinquishment of any party's right to thereafter g enforce such term, and any right or remedy hereunder maybe asserted at any time after the overnin bod of either arty becomes entitled to the benefit thereof, notwithstanding delay in g g y p enforcement. All ri hts and remedies herein enumerated shall be cumulative and none shall g exclude an other ri ht or remedy allowed by law. Likewise, the exercise of any remedy Y g rovided for herein or allowed by law shall not be to the exclusion of any other remedy. p K. Attorne fees. Should litigation commence between the parties hereto concerning this y .. . A reement, the revailing party shall be entitled, in addition to any other relief as maybe g p ranted, to court costs and reasonable attorneys' fees as determined by a court of competent g 'urisdiction. This rovision shall be deemed to be a separate contract between the parties and ~ p shall survive any default, termination or forfeiture of this Agreement. AGREEMENT FOR INSTRUCTOR SERVICES - KRISTY SWINNEY PAGE 3 OF 5 • ' ited. In erformin services under this Agreement, Instructor shall not L. Discrimination prohib p g ' e a ainst an erson on the basis of race, color, religion, sex, national unlawfully discriminat g y p on in or ancestry, sexual orientation, age, or disability. g liance with laws. In erforming the scope of services required hereunder, Instructor M. Comp p 1 m 1 with all a licable laws, ordinances, and codes of Federal, State, and loca shall co p y pp governments. nstruction and severabili . If any part of this Agreement is held to be invalid or N. Co ~' ble such holdin shall not affect the validity or enforceability of any other part of unenforcea g . ' A reement so ion as the remainder of the Agreement is reasonably capable of completion. this g g ire a reement. This A reement contains the entire agreement of the parties and supersedes 0. Ent g g an and all other a reements or understandings, oral of written, whether previous to the y g execution hereof or contemporaneous herewith. P. A licable Law: This Agreement shall be governed by and construed and enforced in pp accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. . Advice of attorne .Each party warrants and represents that in executing this Agreement, it Q Y has received rode endent legal advice from it's attorney's or the opportunity to seek such p advice. R. A royal Re wired: This Agreement shall not become effective or binding until approved by pp q the City of Meridian. ~- ' n this ~ da IN WITNESS WHEREOF, the parties hereto have executed this Agreement o y of ~~ , 2011. ~~~n BY. .sC/ ~v~~~ ~~.~ Tammy de erd, Mayor ' °f E IDIAN ,, tnAtio d~' S~ Attest: ~"~ a~~ rk ~~; tx~ ~s~~~ aycee olman, City le ,,,,,,, AGREEMENT FOR INSTRUCTOR SERVICES - KRISTY SWINNEY PAGE 4 OF S CITY OF MERIDIAN: EXHIBIT A ~~. SCOPE OF SERVICES Duties: • n h with the o tion to add additional day if e Thera ist will perform duties one day per mo t p Massag p • ified and mutuall agreed upon by both parties required, unless otherwise spec y • urin the hours of 10:00 a.m. and 2:00 p.m., unless Massa a Therapist duties to be performed d g g ' ecified and mutually agreed upon by both parties otherwise sp • formed on the 3rd Floor of Meridian City Hall in the Human Massage Therapist duties to be per ise s ecified and mutually agreed upon by both parties. Resources Department, unless otherw p Compensation: '''~`• $12.00 per person for each 15 minute massage. TRUCTOR SERVICES - KRISTY SWINNEY PAGE 5 OF 5 AGREEMENT FOR INS