HomeMy WebLinkAboutInstructor Services Agreement with Motions Dance Studio LLC for Dance and Tumbling InstructionAGREEMENT FOR INSTRUCTOR SERVICES
This AGREEMENT FOR INSTRUCTOR SERVICES is made this 26`h day of December,
2013, by and between the City of Meridian, a municipal corporation organized under the laws of
the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter
"City"), and Motions Dance Studio LLC [a corporaton/limited liability company organized under
the laws of the state of Idaho] whose address is 1379 W, Verbena Dr., Meridian, ID 83642
(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, the receipt and sufficiency of
which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants
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 shall perform and furnish to
City all services as specified in the document entitled "Scope of Services," a copy of which is
attached hereto as Exhibit A and incorporated herein by this reference.
B. Timeliness. Instructor shall perform services and work under this Agreement in a timely
manner in accordance with the dates and times set forth in ExhibitA.
C. Criminal history check. At least thirty (30) days prior to the first scheduled class, Instructor
shall contact the City's Human Resources Department and make arrangements to provide a set
of fingerprints. Upon completion of fingerprinting, City shall remit Instructor's fingerprints to
the Idaho State Police, which shall run a national criminal background check on Inspector and
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. Instructor shall provide services and work under this
Agreement consistent with the requirements and standards established by any and all applicable
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
represents and warrants that Instructor will perform alt work under this Agreement in
accordance with generally accepted industry standards and safety practices for the professions
or specialties that are used in performance of this Agreement.
AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 1 OF9
II. CONSIDERATION.
A. Calculation of payment. City shall pay Instructor for services rendered under this Agreement
at the rate of eighty percent (809'x) of the total revenue generated by registration fees remitted
for the class. This amount shall constitute full compensation for any and all services, materials,
and costs performed or furnished by Instructor. This amount shall not exceed $10,100.00
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 or State income taxes or Social Security tax from
any payment made by City to Instructor under the terms and conditions of this Agreement.
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, but not
limited to meals, lodging, or transportation. Further, without limitation, Instructor shall not be
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 forever discharge City and its agents and
employees from and for any and all losses, claims, actions, judgments for damages, or injury to
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
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.
AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 2 OF 9
E. Notice. Communication between the Parties regarding day-to-day matters (e.g., issues related
to scheduling and venue) shall occur via a-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
Motions Dance Studio LLC
1379 ~~. Verbena
Meridian, ID 83642
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, Instructorshall 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.
Specifically, without limitation, Instructor understands, acknowledges, and agrees:
1. Instructor is free from actual and potential control by City in the provision of services under
this Agreement.
2. Instructor is engaged in an independently established trade, occupation, profession, or
business.
3. Instructor has the authority to hire subordinates.
4. Instructor owns and/or will provide all major items of equipment necessary to perform
services under this Agreement.
5. Neither Instructor nor City shall be liable to the other for a peremptory termination of the
business relationship described under this Agreement.
H. Termination.
1. 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.
AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 3 OF 9
b. It is determined that Instructor has, within the previous ten (10) years, been convicted of
or been incarcerated for a criminal chazge of or related to felony drug possession.
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.
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. Non-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.
J. 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 9
M. Construction and severabfilitp. 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 Agnoernent 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: Tlris 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 ~ day
of , 20~.
INSTRUCTOR:
%~ ~ ~~
Briana Nelson, Motions Dance Studio
CITY OF MERIDIAN:
~~
i~~
BY: ,,,~ ~"
th Watts, using Manager
A(3BFEN!ffiVT FiOR tvIF1tIDIAN PARRS & RFiCREATIONT WsntuCroR SPRVICES t?AC~ 5 of 9
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 Dance and
Tumbling 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. Tumble and Twist Age 2 class will be held from January 10`h, 2014 to February 7`h, 2014 on
Friday at 930am at the Meridian Community Center.
30 minutes in duration, 1 class per week and 5 weeks per session.
6. Tumble and Twist Age 2 class will be held from February 21 ~`, 2014 to March 21st, 2014 on
Friday at 9:30am at the Meridian Community Center.
30 minutes in duration, 1 class per week and 5 weeks per session.
7. Tumble and Twist Age 2 class will be held from April 4`h, 2014 to May 9`h, 2014 on Friday
at 9:30am at the Meridian Community Center.
30 minutes in duration, 1 class per week and 5 weeks per session.
8. Tumble and Twist Age 3 -Kindergarten class will be held from January 10`x', 2014 to
February 7`~ 2014 on Friday at 11: l Sam at the Meridian Community Center.
30 minutes in duration, 1 class per week and 5 weeks per session.
9. Tumble and Twist Age 3 -Kindergarten class will be held from February 21s`, 2014 to
March 21S`, 2014 on Friday at 11:15am at the Meridian Community Center.
30 minutes in duration, 1 class per week and 5 weeks per session.
10. Tumble and Twist Age 3 -Kindergarten class will be held from Apri14`h, 2014 to May 9`h,
2014 on Friday at 11:15am at the Meridian Community Center.
30 minutes in duration, 1 class per week and 5 weeks per session.
11. Dance and Tumbling Ages 2 -'3 class will be held from January 6`h, 2014 to January 27`k'
2014 on Monday at 9:30am at the Meridian Community Center.
30 minutes in duration, 1 class per week and 4 weeks per session.
12. Dance and Tumbling Ages ~ - 3 class will be held from January 6`h, 2014 to January 27`x',
2014 on Monday at 11:ISam at the Meridian Community Center.
30 minutes in duration, 1 class per week and 4 weeks per session.
13. Dance and Tumbling Ages ? - 3 class will be held from February 3`d, 2014 to February
24~', 2014 on Monday at 9:30am at the Meridian Community Center.
30 minutes in duration, 1 class per week and 4 weeks per session.
14. Dance and Tumbling Ages 2 - 3 class will be held from February 3`d, 2014 to February
24`f' 2014 on Monday at 1115am at the Meridian Community Center.
30 minutes in duration, 1 class per week and 4 weeks per session.
15. Dance and Tumbling Ages 2 - 3 class will be held from March 3`d, 2014 to March 315`,
2014 on Monday at 9:30am at the Meridian Community Center.
30 minutes in duration, 1 class per week and 4 weeks per session.
16. Dance and Tumbling Ages 2 - 3 class will be held from March 3`d, 2014 to March 31~`,
2014 on Monday at 11:15am at the Meridian Community Center.
30 minutes in duration, 1 class per week and 4 weeks per session.
AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 6 OF 9
17. Dance and Tumbling Ages 2 - 3 class will be held from Apri17`h, 2014 to April 28`n, 2014
on Monday at 9;30am at the Meridian Community Center.
30 minutes in duration, 1 class per week and 3 weeks per session.
18. Dance and Tumbling Ages 2 -- 3 class will be held from Apri17`n, 2014 to Apri128`n, 2014
on Monday at 11:15am at the Meridian Community Center.
30 minutes in duration, 1 class per week and 3 weeks per session.
19. Dance and Tumbling Ages 2 - 3 class will be held from May 5`n, 2014 to May 19`n, 2014 on
IVIonday at 9:30am at the Meridian Community Center.
30 minutes in duration, 1 class per week and 3 weeks per session.
20. Dance and Tumbling Ages 2 - 3 class will be held from May 5`n, 2014 to May 19`n, 2014 on
Monday at 11:15am at the Meridian Community Center:..
30 minutes in duration, 1 class per week and 3 weeks per session.
21 Dance and Tumbling Ages 4 -Kindergarten class will be held from January 6`h, 2014 to
January 27`I' 2014 on Monday at IO:15am at the Meridian Community Center.
30 minutes in duration, 1 class per week and 4 weeks per session.
22. Dance and Tumbling Ages 4 -Kindergarten class will be held from February 3r° 2014 to
February 24`n, 2014 on Monday at 10:15am at the Meridian Community Center.:
30 minutes in duration, 1 class per week and 4 weeks per session.
23. Dance and Tumbling Ages 4 -Kindergarten class will be held from March 3rd, 2014 to
March 31~` 2014 on Monday at 10:15am at the Meridian Community Center.
30 minutes in duration, 1 class per week and 4 weeks per session.
24. Dance and Tumbling Ages 4 -Kindergarten class will be held from Apri17`n, 2014 to April
28`h, 2014 on Monday at 10:15am at the Meridian Community Center.
30 minutes in duration, 1 class per week and 3 weeks per session.
25. Dance and Tumbling Ages 4 - Kndergazten class will be held from May 5`n, 2014 to May
19`n, 2014 on Monday at 10:15am at the°Meridian Community Center.
30 minutes in duration, 1 class per week and 3 weeks per session.
26. Cheer and Tumbling Ages 3 -~- Kindergarten class will be held from January 10'n, 2014 to
January 31~', 2014 on Friday at 10:15am at the:Meridian Community Center.
45 minutes in duration, 1 class per week and 4 weeks per session.
27. Cheer and Tumbling Ages 3 -Kindergarten class will be held from February 7`n, 2014 to
February 28`n, 2014 on Friday at 10:15am at the Meridian Community Center.
45 minutes in duration, 1 class per week and 4 weeks per session.
28. Cheer and Tumbling .Ages 3 -Kindergarten class will be held from Mazch 7`n, 2014 to
March 21" 2014 on Friday at 10:15am at the Meridian Community Center.
45 minutes in duration, 1 class per week and 3 weeks per session.
29. Cheer and Tumbling Ages 3 -Kindergarten class will be held from April 4`n, 2014 to April
i 8`n, 2014 on Friday at 10:1 Sam at the Meridian Community Center.
45 minutes in duration, 1 class per week and 3 weeks per session.
30. Cheer and Tumbling Ages 3 -%indergarten class will be held from May 2nd, 2014 to May
23rd, 2014 on Friday at 10:15am at the Meridian Community Center.
45 minutes in duration, 1 class per week and 4 weeks per session.
31. Cheer and Tumbling Grades 4'h~;- 8`~' class will be held from January 7`n, 2014 to January
28`n, 2014 on Tuesday at 4:30pm at the Meridian Community Center.
60 minutes in duration, 1 class per week and 4 weeks per session.
AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 7 OF 9
32. Cheer and Tumbling Grades 4`n - 8`n class will be held from February 4i~', 2014 to February
25`n, 2014 on Tuesday at 4:30pm at the Meridian Community Center.
b0 minutes in duration, 1 class per week and 4 weeks per session.
33. Cheer and Tumbling Grades 4`n - 8`h class will be held from March 4`n, 2014 to March 18`n,
2014 on Friday at 10:15am at the Meridian Community Center.
45 minutes in duration, 1 class per week and 3 weeks per session.
34. Cheer and Tumbling Grades 4`n - 8`n class will be held from April 15`, 2014 to Apri129`n,
2014 on Friday at l0: ISam at the Meridian Community Center.
45 minutes in duration, 1 class per week and 4 weeks per session.
35. Cheer and Tumbling Grades 4`n - 8`n class will be held from May 6`n, 2014 to May 20`n,
2014 on Friday at 10:15am at the Meridian Community Center.
45 minutes in duration, 1 class per week and 3 weeks per session.
36. Pop Dance and Tumbling Ages 4- 8 class will be held from January 9`n, 2014 its January
30`n, 2014 on Thursday at 6:15pm at the .Meridian Community Center.
30 minutes in duration, 1 class per week and 4 weeks per session.
37. Pop Dance and Tumbling Ages 4 - 8 class will be held from February 6`n, 2014 to February
27`n, 2014 on Thursday at 6: I Spm at the Meridian Community Center.
30 minutes in duration, 1 class per week and 4 weeks per session.
38. Pop Dance and Tumbling Ages 4- 8 class will be held from March 6`n, 2014 fo March 20`x,
2014 on Thursday at 6:15pm at the Meridian Community Center.
30 minutes in duration, 1 class per week and 3 weeks per session.
39. Pop Dance and Tumbling Ages 4 - 8 class will be held from April l~`, 2014 to April 17`h,
2014 on Friday at 10:15am at the Meridian Community Center.
45 minutes in duration, 1 class per week and 3 weeks per session.
40. Cheer and Tumbling Ages 4 - 8 class will be held from May 6`n, 2014 to May 22'x, 2014 on
Friday at 10:15am at the Meridian Community Center.
45 minutes in duration, 1 class per week and 4 weeks per session.
41. Baton Twirling Grades 1S`- 5'n class will be held from January 6`n, 2014 to January 27`n,
2014 on Monday at 4:30pm at the Meridian Community Center.
45 minutes in duration, 1 class per week and 4 weeks per session.
42. Baton Twirling Grades l~`;- 5`n class will be held from February 3`a, 2014 to February 24`n,
2014 on Monday at 4:30pm at the Meridian Community Center.
45 minutes in duration, 1 class per week and 4 weeks per session.
43, Baton Twirling Grades l~`- 5`n class will be held from March 3`d, 2014 to March 315`, 2014
on Monday at 4:30pm at the Meridian Community Center.
45 minutes in duration, 1 class per week and 4 weeks per session.
44. Baton Twirling Grades 1 `` - 5`n class will be held from Apri17`n, 2014 to Apri128`n, 2014 on
Monday at 4:30pm at the Meridian Community Center.
45 minutes in duration, l class per week and 3 weeks per session.
45. Baton Twirling Grades 15L - S`n class will be held from May 5`n, 2014 to May 19`n, 2014on
Monday at 4:30pm at the Meridian Community Center.
45 minutes in duration, 1 class per week and 3 weeks per session.
46. Jazz and Lyrical Grades 3`d - 5`n class will be held from January 9`n, 2014 to January 30`x,
2014 on Thursday at S:OOpm at the Meridian Community Center.
60 minutes in duration, 1 class per week and 4 weeks per session.
AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 8 OF 9
47. Jazz and Lyrical Grades 3`d -- 5'~ class will be held from February 6`h, 2014 to February 27`h,
2014 on Thursday at S:OOpm at the Meridian Community Center.
60 minutes in duration, 1 class ~er week and 4 weeks per session.
48. Jazz and Lyrical Grades 3`d -,5` class wilt be held from March 6`h, 2014 to March 20"`
2014 on Thursday at S:OOpm at the Meridian Community Center.
60 minutes in duration, 1 class ~er week and 3 weeks per session.
49. Jazz and Lyrical Grades 3`d - 5` class will be held from Apri13`d, 2014 to April 17`x, 2014
on Thursday at S:OOpm at the Meridian Community Center.
60 minutes in duration, 1 class pier week and 3 weeks per session.
50, Jazz and Lyrical Grades 3`d - 5` class will be held from May I S`, 2014 to May 22"`x, 2014 on
Thursday at S:OOpm at the Meridian Community Center.
60 minutes in duration, 1 class per week and 4 weeks per session.
51.. Jazz and Lyrical Grades 6`h - 8`h class will be held from January 9`h, 2014 o January 30`h,
2014 on Thursday at 3:45pm at the >V9',eridian Community Center.
60 minutes in duration, 1 class ~er week and 4 weeks per session.
52. Jazz and Lyrical Grades 6`h - 8` class will be held from February 6`h, 2014 to February 27`x',
2014 on Thursday at 3:45pm at the Meridian Community Center.
60 minutes in duration, 1 class pser week and 4 weeks per session,
53. Jazz and Lyrical Grades 6`h - 8` class will be held from March 6`h, 2014 to March 20`h,
2014 on Thursday at 3:45pm at the Meridian Community Center.
60 minutes in duration, 1 class ~er week and 3 weeks per session.
54. Jazz and Lyrical Grades 6`h = 8` class will be held from Apri13`d, 2014 to April 17`h, 2014
on Thursday at 3:45pm at the Meridian Community Center.
60 minutes in duration, 1 class ~er week and 3 weeks per session.
55. Jazz and Lyrical Grades 6`h - 8` class will be held from May 1$`, 2014 to May 22"d, 2014 ors
Thursday at 3:45pm at the Meridian Community Center.
60 minutes in duration, 1 class per week and 4 weeks per session.
AGREEMENT FOR MERIDIAN PARKS & RECREATION INSTRUCTOR SERVICES PAGE 9 OF 9