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HomeMy WebLinkAboutA6417 - LIFE SUPPORT SERVICES, LISA UNDERHILL - CPR/FIRST AID CLASSES FOR CITY STAFF CITY OF PALM SPRINGS " 6�`j AGREEMENT FOR RECREATION SERVICES This Agreement is entered into this 1st day of June, 2013, between the City of Palm Springs, California ("City") and Life Support Services, Lisa Underhill ("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. kval, LV municipal regulations. ordinances,stauncs, rules, or laws applicable to Instructor's performance of Instructor's obligatiojis 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 Agreeniew. Modirication of Agreement. It is understood and agreed that this Agreement mar not be changed, modified.or altered.alloept by written Datgment of, both parties, Instructor: (sign){ Yl Daw Addreas Phone Number City: Date: C:David H. Read%- Citv Cite Of l'alnt Springs 3200 E. Tahquitz Cam on W Palm Springs. CA ')27 2621 760.323,8201 j Ab I 1 4-1) ity Attorne OGtt EXHIBIT "A" Scope of Services Instructor shall provide services to City as follows: CPR/First Aid classes for City staff ("Services"). Days and hours when the Services shall be provided: Coordinated with Director Location where Services are to be provided: Leisure Center Start Date: June 1, 2013 End Date: June 30, 2014 Minimum Class Size: 10 Maximum Class Size: 50 Fee to be paid by class participants: N/A 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: U $ per hour ❑ $ per class X S 39/person in the class 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