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Home My WebLink AboutA6419 - JAMES E KIRWAN, SOPHISTICATED SWING - MUSICAL ENTERTAINMENT FOR BALLROOM DANCING CITY OF PALM SPRINGS AGREEMENT FOR RECREATION SERVICES This Agreement is entered into this 29`h day of July, 2014, between the City of Palm Springs, California("City") and Robert Vaughn, Sophisticated Swing ("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 understood and agreed that this Agreement may not be changed, modified, or altered, except by ritten agreement of both parties. Instructor: (sign) 0- Date: j (NUauSk2ol� (print) vb \f751 F , Sonorc, �?d Pa�rn SAr1YlQS CR `122foq s— Address -760 — 325- 22c19 Phone Number City: Date: // / David H. Ready, City Man City of Palm Springs APPROVED BYCITY MANAGER 3200 E. Tahquitz Canyon Wayt, 1�bpQ�� Palm Springs, CA 92262 760.323,8201 ATTEST: City Clerk 898202.1 EXHIBIT "A" Scope of Services Instructor shall provide services to City as follows: Musical entertainment for Ballroom Dance Program ("Services"). Days and hours when the Services shall be provided: Wednesdays, 7:00 p.m. — 9:30 p.m. Location where Services are to be provided: Palm Springs Pavilion Start Date: October 22, 2014 End Date: March 18, 2015 Minimum Class Size: Maximum Class Size: Fee to be paid by class participants: 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 ❑ $ 450.00 per night, but no more than 8 nights—maximum $3,600. ❑ % of total class receipts received by City. City shall provide payment to Instructor on a monthly basis following the final dance of the month in accordance with the City's accounts payable schedule. 898202.1 CITY OF PALM SPRINGS ' `bkv 1 AGREEMENT FOR RECREATION SERVICES This Agreement is entered into this 1st day of August, 2013, between the City of Palm Springs, California("City") and James E. Kirwan, Sophisticated Swing ("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 understood and agreed that this Agreement may not be changed, modified, or altered, except by written agreement of both parties. Instructor: (sig Date: At 0 v 20 (print) sa G5 C, w� `� c3 3U� *�/ Z� CpCs tNs,7��5eRr ��? �JZzGcs Address 7&0 --773- 5-9c> Phone Number City: l _� Date: 1046, a013 ZavidH. Ready, Cit ger City of Palm Springs 3200 E. Tahquitz Canyon Wa Palm Springs, CA 92262 760,323,8201 898202.1 EXHIBIT "A" Scone of Services Instructor shall provide services to City as follows: Musical entertainment for Ballroom Dance Program ("Services"). Days and hours when the Services shall be provided: Wednesdays, 7 p.m. —9:30 p.m. Location where Services are to be provided: Palm Springs Pavilion Start Date: October 23, November 6,November 20, December 11, 2013; January 22, 2014 End Date: March 12, 2014 Minimum Class Size: NA Maximum Class Size: NA Fee to be paid by class participants: $7 per person October— December; $8 per person January - March 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 X $ 450.00 per night percent of total class receipts received by City City shall provide payment to Instructor on the night of the performance. 898202.1