HomeMy WebLinkAboutA6493 - MORA'S MODERN MUSIC - AGR FOR MUSICAL ENTERTAINMENT FOR BALLROOM DANCE PROGRAM 1
CITY OF PALM SPRINGS
AGREEMENT FOR RECREATION SERVICES
This Agreement is entered into this 9t' day of January, 2014, between the City of Palm Springs,
California("City") and Mora's Modern Music("Instructor's.
Services and Compensation. Instructor shall provide services as set forth in the Scope of
Services, attached hereto as Exhibit "A" and incorporated herein by reference. City agrees to
compensate instructor for such services in accordance with the Schedule of Fees set forth in
Exhibit"A".
' Termination. This Agreement may be terminated at any time for any reason by either party to
this Agreement after providing the other party at least five (5) calendar days notice. The City
may terminate this Agreement immediately if the City determines, in its sole discretion, that
termination is necessary to protect the safety or welfare of the public.
Relationship. Instructor acknowledges that Instructor is an independent contractor. Nothing in
this Agreement shall be understood or construed to create or imply any relationship between the
parties in the nature of any joint venture, employer/employee, principal/agent, or partnership.
Instructor shall not become or be deemed an employee of the City by acting under this
Agreement, and Instructor shall be solely responsible for the payment of any applicable taxes
and social security contributions owing from the above compensation, if any.
Authority. Each party certifies that it has all necessary authority to execute and deliver this
Agreement and to perform the obligations described in this Agreement. Upon execution by both
parties, this Agreement will be a valid and binding obligation of each party and enforceable in
accordance with its terms.
Governing Law. This Agreement shall be governed by and construed exclusively in accordance
with the laws of the State of California. If any term or provision of this Agreement is held
illegal, unenforceable, or in conflict with any governing law, the validity of the remaining
portions shall not be affected.
Assignment. This Agreement may not be assigned without the written consent of the other
party. This Agreement shall be binding upon and inure to the benefit of and shall be enforceable
by and against the parties and their successors and assigns.
Liability. Instructor shall be solely liable for any and all losses, liabilities,claims, damages, and
expenses (including attorneys' fees) caused by Instructor's failure to comply with any federal,
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state, local, or municipal regulations,ordinances, statutes, rules, or laws applicable to Instructor's
performance of Instructor's obligations under this Agreement and/or activities at any City
property, any unlawful acts on the part of Instructor, the negligent acts, errors, and/or omissions
or the willful misconduct of the Instructor, or the material breach or default of the Instructor of
any provision of this Agreement.
Modification of Agreement. It is understood and agreed that this Agreement may not be
changed, modified, or red except
tbbywritten agreement of both parties.
Instructor: {sign) v Date: Z
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Address
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Phone Number
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David H. Rea y Manager
City of Pal ri gs
3200 E. T quitz Canyon Way APPROVED 8Y CITY MANAGER
Palm Springs, CA 92262 � f�p AIIOLM..
760.323.8201 T�
ATTEST:
ity Clerk
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EXHIBIT "A"
Scope of Services
Instructor shall provide services to City as follows: Musical entertainment for Ballroom Dance
Program—special"Great Gatsby Party" ("Services").
Days and hours when the Services shall be provided: Wednesday, 7:00 p.m. to 9:30 p.m.
Location where Services are to be provided: Palm Springs Pavilion
Start Date: February 19, 2014
End Date: February 19, 2014
Minimum Class Size: N/A
Maximum Class Size: N/A
Fee to be paid by class participants: $12 per person
Any and all materials and equipment required for performance of the Services shall be provided
by Instructor. At least one week prior to the Start Date, Instructor shall submit a class outline to
City. City may, in its sole discretion, cancel or reschedule any or all classes. In the event class
enrollment does not meet the minimum class size set forth above by the Start Date, this
Agreement shall automatically terminate.
Schedule of Fees
Instructor shall be compensated as follows:
per hour
$2,500 per m
O s receipts received by City
City shall provide payment to Instructor on night of the performance.
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