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Home My WebLink AboutA6416 - ROMAN PELLUM, PLANTIN SEEDS PROGRAM CITY OF PALM SPRINGS ' `ick`b AGREEMENT FOR RECREATION SERVICES This Agreement is entered into this 9th day of July, 2013, between the City of Palm Springs, California ("City") and Roman Pellum, Plantin' Seeds Program ("Instructor"). 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, 898202.1 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 erstood and agreed that this Agreement may not be changed, modified, or alter ', ce itten agreement of both parties. Instructor: (si Date: — Z 1� (print) u,^ S-L3 3 /4-vF1 P-L -, L Address 5 z2cL V7 ,e ) Phone Number City: tDavid H. Ready, City City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 760.323.8201 898202.1 EXHIBIT "A" Scope of Services Instructor shall provide services to City as follows: After school and off-track programs and summer camp for ages 5 — 14; coordinate youth and adult basketball programs ("Services"). Days and hours when the Services shall be provided: Monday — Friday, 7:30 a.m. — 6 p.m.; Mondays & Wednesdays, 5 p.m. —8:00 p.m. (Basketball) Location where Services are to be provided: Demuth Community Center Start Date: July 1, 2013 End Date: June 30, 2014 Minimum Class Size: 5 Maximum Class Size: 50 Fee to be paid by class participants: After School - $60 - $75 per week or $240 - $300 per month; Off Track & Summer Camp - $55 - $85 per week; Youth Basketball - $75 per season; Adult Basketball - $40 per player. 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 ❑ $ per class X 70 percent of total class receipts received by City, however, until arrears are paid in full the City will retain an additional 20% of class fees. Instructor stated that he wanted 100% of Adult Basketball (summer only) to go towards his arrears, as well. City shall provide payment to Instructor on a monthly basis following the final class of the month in accordance with the City's accounts payable schedule. 898202.1 "EXHIBIT A" Page 1 of 2 C SUPPLEMENTAL QUESTIONNAIRE Pursuant to California Public Resources Code §5164, this form must be completed by all applicants for positions involving supervisory or disciplinary authority over any minor. YES NO 1. Have you ever been convicted of sexual assault or assault with intent to commit mayhem? ❑ 2. Have you ever been convicted or unlawful sexual intercourse with a person under age 189 ❑ 3. Have you ever been convicted of rape? ❑ 4. Have you ever been convicted of the rape of a spouse? ❑ N� 5. Have you ever been convicted of willful harm or injury to a child? ❑ / 6. Have you ever been convicted of child endangerment? ❑ �7 ' 7. Have you ever been convicted of corporal punishment or injury to a child? ❑ 8. Have you ever been convicted or willful infliction of corporal injury to a spouse,former ❑ spouse,cohabitant, or mother or father of your child? 9. Have you ever been convicted of any sexual crime or offense? ❑ 10. Have you ever been convicted of any of the following crimes or of an attempt to commit any of the following crimes? / 10.1. Kidnapping? ❑ �❑ If yes,were you convicted of kidnapping or attempted kidnapping with the intent to ❑ commit rape, sodomy,lewd or lascivious acts,oral copulation,or forcible acts of sexual penetration? 10.2. Kidnapping for ransom? ❑ If yes,were you convicted of kidnapping for ransom or attempted kidnapping for ransom ❑ with the intent to commit rape, sodomy, lewd or lascivious acts,oral copulation, or /21 forcible acts of sexual penetration? 10.3. Sexual battery? ❑ AC7 10.4. Aiding,abetting or soliciting the rape,rape of a spouse,or forcible acts of sexual ❑ penetration? 10.5. Enticement of an unmarried minor female for purposes of prostitution? ❑ 10.6. Aiding and abetting the enticement of an unmarried minor female for purposes of ❑ prostitution? 10.7. Inducing sexual intercourse with another when the other's consent is procured by false ❑ pretenses with the intent to create fear? 10.8. Pimping of a minor? ❑ 10.9. Pandering of a minor? ❑ 10,10. Procurement of a child under 16 years of age for lewd or lascivious acts? ❑ 10.11. Abduction(taking away)of a person under age 18 for purposes of prostitution? ❑ 10.12. Aggravated sexual assault of a child? ❑ 10.13. Incest? 0 YES NO 10.14. Sodomy? ❑ 10.15. Lewd or lascivious acts or the solicitation of the same? ❑ 10.16. Oral copulation? ❑ 10.17. Continuous sexual abuse of a child? ❑ 10.18. Forcible acts of sexual penetration or the solicitation of the same? ❑ X 10.19. Selling, distributing, printing or exhibiting of child pornography? ❑ I` 1020. Sexual exploitation of a child? ❑ 10.2 L Employment or use of a minor to perform prohibited acts? ❑ 10.22. Advertising child pornography? ❑ 10.23. Possession of child pornography? ❑ 10.24. Annoying or molesting a child under 18? ❑ 10.25. Solicitation of rape by force or violence, sodomy by force or violence,or oral ❑ copulation by force or violence? 10.26. Indecent exposure? ❑ 10.27. Procuring,counseling,or assisting any person to commit indecent exposure? ❑ 10.28. Contributing to the delinquency of a minor? ❑ 10.29. Sending harmful material to a minor with the intent to seduce said minor? ❑ /❑ 11, Have you ever been convicted of armed robbery? ❑ 12. Have you ever been convicted of armed carjacking? ❑ 13. Have you ever been convicted of assault or attempted murder of a public official? ❑ 14. Have you ever been convicted of false imprisonment? ❑ 15. Have you ever been convicted of assault? ❑ 16. Have you ever been convicted of battery? ❑ 17. Have you ever been convicted of murder? ❑ 18. Have you ever been convicted of mayhem? ❑ 19. Have you ever been convicted of a crime that requires you to register as a sex offender in the ❑ State of California? CERTIFICATIO OF APPLICANT I hereby certify that all responses herein are corre d understand and agree that any misstatement or omission of material facet may lcause forfeiture on part f rights t loyment by this City. Dater 1C1Z�13 Signatu�'e: r "EXHIBIT A" Page 2 of 2