Loading...
HomeMy WebLinkAboutA8317 - JEANNE FIELDS (MAGIC JEANNE) - RECREATION INSTRUCTOR AGREEMENT (MAGIC) City of Palm Springs Parks & Recreation Department Recreational Instructor Agreement NAME: Jeanne Fields,Magic Jeanne ADDRESS: 58979 Los Coyotes Yucca Valley, CA 92284 PHONE: 760.578.5199 INSTRUCTION TYPE: Magic Classes tf This ec eational Instructor Agreement("Agreement")is made and entered into this j day of 20f �by and between the CITY of Palm Springs,a California charter city and m 'cipal corporation, ( CITY )and Jeanne Fields, an individual or entity and-his/her employees,agents,or officers(collectively referred to as "INSTRUCTOR"). I. SCOPE OF WORK A. CITY seeks to provide Magic Classes. INSTRUCTOR shall perform all necessary and appropriate services consistent with that purpose ("Services"). Services are detailed in Exhibit "A," attached hereto and incorporated herein by reference. B. Services shall be performed at Demuth Community Center("Facilities"). C. INSTRUCTOR warrants that he/she is qualified to provide CITY with Services, and holds all necessary certifications and licenses. D. INSTRUCTOR warrants that he/she will provide all necessary supplies, equipment, personnel, and other such necessities that enable him/her to perform the Services in a safe,competent,and professional manner. E. INSTRUCTOR shall perform the Services in a manner consistent with industry standards and the expectations of a reasonable person. H. DURATION A. Services shall begin on after August 1,2019 and end on June 30,2020. B. This Agreement may be extended by written agreement between CITY and INSTRUCTOR- C. CITY may terminate this Agreement at any time,with or without cause,by giving written notice to INSTRUCTOR. Upon receipt of notice of termination, INSTRUCTOR shall cease performance of all Services on the date set forth on the notice of termination, or immediately if no date is provided. INSTRUCTOR shall be entitled only to compensation for services rendered prior to the termination date. M. COMPENSATION A. CITY agrees to pay INSTRUCTOR for the performance of Services on the following terms: 1. Flat fee $ 2. Hourly fee $ 3. Contingent fee $ per 4. Other $ 65%of the class registration fees collected. B. All compensation shall be paid on the end of the month in accordance to the pay schedule. C. INSTRUCTOR shall not be entitled to any additional compensation. IV. USE OF FACILITIES A. INSTRUCTOR shall only use the Facilities for the Services described in this Agreement. B. INSTRUCTOR shall be responsible for any damage caused to the Facilities arising out of his/her rendering of the Services. C. INSTRUCTOR shall ensure that the Facilities are clean following each use. D. INSTRUCTOR shall ensure that the Facilities are secured following each use. V. INSURANCE The CITY reserves the right to require INSTRUCTOR to maintain insurance for the duration of this Agreement. Insurance requirements, if any, are attached as Exhibit "B" and incorporated herein by reference. INSTRUCTOR shall provide CITY with proof of insurance prior to the commencement of Services. VI. INDE1 EWW To the fullest extent permitted by law, INSTRUCTOR shall defend (at INSTRUCTOR'S sole cost and expense), indemnify,protect,and hold harmless CITY,its officials,officers, employees, agents and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to, Claims arising from injuries to or death of persons (INSTRUCTOR'S employees included), for damage to property, including property owned by CITY, or from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to INSTRUCTOR'S performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit INSTRUCTOR'S indemnification obligation or other liability hereunder. INSTRUCTOR'S indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. VH. INDEPENDENT INSTRUCTOR The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make INSTRUCTOR a CITY employee. During the performance of this Agreement, INSTRUCTOR and its officers, employees, and agents shall act in an independent capacity and shall not act as CITY officers or employees. INSTRUCTOR will determine the means,methods and details of performing the Services subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of INSTRUCTOR shall at all times be under INSTRUCTOR'S exclusive direction and control. Neither CITY nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of INSTRUCTOR or any of its officers, employees, or agents, except as set forth in this Agreement. INSTRUCTOR, its officers, employees or agents, shall not maintain a permanent office or fixed business location at CITY'S offices. CITY shall have no voice in the selection, discharge, supervision, or control of INSTRUCTOR'S officers, employees,representatives or agents or in fixing their number, compensation, or hours of service. INSTRUCTOR shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding,unemployment compensation,workers' compensation, and other similar matters. CITY shall not in any way or for any purpose be deemed to be a partner of INSTRUCTOR in its business or otherwise a joint venture or a member of any joint enterprise with INSTRUCTOR. VHI. SUBCONTRACTING OR ASSIGNMENT PROHIBITED INSTRUCTOR'S expertise, capability, and reputation were a substantial inducement for CITY to enter into this Agreement. A. Only those authorized in writing by the CITY may render Services or perform any term of this Agreement. B. INSTRUCTOR shall not agree with any other party to perform the Services without the CITY'S express prior written approval. C. This Agreement shall not be assigned in whole or in part to another party without CITY'S express prior written approval. IX. INTEGRATED AGREEMENT This Agreement contains all terms and conditions between INSTRUCTOR and CITY and cannot be supplemented or modified without mutual written agreement. X. COMPLIANCE WITH THE LAW A. INSTRUCTOR shall perform all Services in accordance with all applicable federal, state,and local laws. B. INSTRUCTOR shall obtain and keep current any necessary licenses or permits necessary for the lawful performance of Services. C. In the performance of Services, INSTRUCTOR shall not discriminate against any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation,national origin,or ancestry. M. City officers and employees: non-discrimination A. Non-Liability of City Officers and Employees No officer or employee of the City shall be personally liable to Magic Jeanne, or any successor in interest, in the event of any default or breach by the City or for any amount that may become due to Magic Jeanne or to its successor, or for breach of any obligation of the terms of this Agreement. B. Non-Liability of Magic Jeanne, Officers and Employees No officer or employees of Magic Jeanne shall be personally liable to the City, or any successor in interest, in the event of any default or breach by Magic Jeanne or for any amount that may become due to City or to its successor, or for breach of any obligation of the terms of this Agreement. C. Conflict of Interest No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement that affects his/her financial interest or the financial interest of any corporation, partnership or association in which he is directly or indirectly interested, in violation of any state statute or regulation. Magic Jeanne warrants that it has not paid or given an shall not pay or give any third party any money or other consideration for obtaining this Agreement. D. Covenant Against Discrimination In connection with its performance under this Agreement, Magic Jeanne shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age,marital status, ancestry,national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting. XH. CREVHNAL BACKGROUND CHECK CITY requires INSTRUCTOR to submit to, and pass, a criminal background investigation prior to the commencement of Services. XIII. LEGAL ACTION In addition to any other rights or remedies, either Party may take legal action,in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement,to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. XIV. ATTORNEY FEES In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding,the prevailing Party shall be entitled,in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys' fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non- judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. XV. CHOICE OF LAW AND FORUM SELECTION. The provisions of this Agreement and the relationship of the parties hereunder shall be governed and controlled by the laws of the State of California without regard to its conflict of laws provisions. The parties agree that any action arising out of interpretation or enforcement of this Agreement shall be brought in the Courts located in Riverside County, California, and the parties further agree that such Courts have personal jurisdiction over them and the exclusive venue of such a dispute shall be Riverside County, California. XVI. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and no oral representations or promises, whether made prior to or subsequent to the execution of this Agreement, shall be binding upon either party unless set forth in a writing signed by the party sought to be charged. Unless otherwise specifically provided herein, any reference herein to this Agreement shall be deemed to include all Exhibits and amendments hereto. INSTRUCTOR hereby warrants that he/she has fully read this Agreement, understands and agrees to each and every term, and is authorized to sign on behalf of any authorized persons performing the Services. [SIGNATURE ON FOLLOWING PAGE] /7 may' Jctor Signature Date fitr e /� �OS Printed Name/Title le David H.Ready, City M er Date City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs,CA 92262 760.323.8201 APPROVED AS TO FORM: FF LING R, Date City Attorney ZA T: - C erk EXHIBIT A 1. Describe activi /instruction and services to be rendered: Teach kids magic tricks through an organized class. Class will be once a week at the Demuth Community Center. Each week kids will learn and work on three magic tricks. Once a month the class will put on a Magic Show for their parents to show case their skills. Performance is optional. 2. Frequency of meetings: One a week—Tuesdays evenings 4:00 p.m. 3. List all instructors, assistants,helpers,volunteers: NAME ROLE Jeanne Fields Instructor 4. List materials and supplies to be used: Varies depending on the tricks that will be worked on each week 5. Estimated class size: 10-15 students 6. Fee schedule: $65 a month EXHIBIT B INSURANCE REQUIREMENTS A6O L@ III DATE(MM/DD/YYYY) MARKED CERTIFICATE OF LIABILITY INSURANCE 4/11/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. •THIS CERTIFICATE OF INSURANCE .DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTANAME: Stephanie Weiss Specialty Insurance Agency PHONE FAX Performers of the U.S. c No Ex : 715-246-8908 vc No): 715-246-4257 P.O.Box 24 ADDRESS: certs@specialtyinsuranceagency.com New Richmond,WI 54017 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Evanston Insurance Company 35378 INSURED Jeanne M.Fields INSURER B: dba Magic Jeanne 79205 Canterra Circle INSURER C La Quinta, CA 92253 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DD/YYYY MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 3,000,000 DAMAGE TO CLAIMS-MADE �OCCUR PREMISES (E.occur ence) $ 300,000 MED EXP(Any one person) $ 5,000 A X X 2CN0166-2438 04/25/2019 04/24/2020 PERSONAL&ADV INJURY $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 X POLICY JECT LOC PRODUCTS-COMP/OPAGG $ 5,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE I ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ ' If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A BUSINESS PERSONAL PROPERTY- AGGREGATE S INLAND MARINE I: DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) PERFORMER IS A NAMED INSURED AS A MEMBER OF PERFORMERS OF THE U.S.: Jeanne M.Fields dba Magic Jeanne Additional Insured:The City of Palm Springs,its officials,employees and agents Event Date:Ongoing for policy period CERTIFICATE HOLDER CANCELLATION The City of Palm Springs 3200 E.Tahquitz Canyon Way SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Palm Springs,CA 92262 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE .�....�j @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER: gel 2CN0166-2438 MARKEL® EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM PROFESSIONAL LIABILITY COVERAGE FORM Please refer to each coverage form to determine which terms are defined. Words shown in quotations on this endorse- ment may or may not be defined in all coverage forms. SCHEDULE Person or Entity: Any person or organization to whom you are obligated by valid written contract to provide such coverage. Additional Premium: $ (Check box if fully earned.®) Included WHO IS AN INSURED is amended to include the person or entity shown in the Schedule above as an Additional Insured under this insurance, but only as respects negligent acts or omissions of the Named Insured and only as respects any coverage not otherwise excluded in the policy. Our agreement to accept an Additional Insured provision in a contract is not an acceptance of any other provisions of the contract or the contract in total. When coverage does not apply for the Named Insured, no coverage or defense shall be afforded to the Additional In- sured. No coverage shall be afforded to the Additional Insured for injury or damage of any type to any"employee" of the Named Insured or to any obligation of the Additional Insured to indemnify another because of damages arising out of such injury or damage. All other terms and conditions remain unchanged. MEGL 0009-01 04 11 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: gel 2CN0166-2438 E�© EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Additional Premium: $ 0 Name of Person or Organization: Any person(s) or organization(s)to whom the Named Insured agrees to waive rights of recovery in a written contract. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above as respects written contracts that exist between you and such person or entity, provided you have agreed in writing to furnish this waiver.This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain unchanged. MEGL 0241-01 04 11 Includes copyrighted material of Insurance Services Office, Inc.with its Page 1 of 1 permission. POLICY NUMBER: 2CN0166-2438 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 . . i i CERTIFICATION Certified (0) CPR CPR/AED/First certification institute' Aid Practitioner Jeanne Fields This card certifies that the person listed above has successfully completed the CPR/AED/First Aid Certification examination at the CPR Certification Institute. 07/08/2018 07/08/2020 Issue Dale Renewal Date ... ......... . . D Ai Ai Training Center: Training Center#: CPR Certification Institute 280145 Region: Provider#: Pacifica,California 94044 195540 Instructor. Instructor#: Jennifer Bunn,R.N. 120823 Instructor's Signature: Provider's Signature: MA�Tjc 0 � Aco vicate o f Completion. ` . >�.�xr�c�����1 f�3c$� �p a.r gfic abc vc has szvor a tax `' rat re tor Date s �y t a n. { A i - Au �• i ti i„ ME „E<r r i ;fir E a m;F # 4 I X E ' S a i 'f