HomeMy WebLinkAboutA6420 - DAVID CAYGILL, TOUCH OF CLASS - MUSICAL ENTERTAINMENT FOR BALLROOM DANCINGCity of Palm Springs
Parks & Recreation Department
Recreational Instructor Agreement
NAME; Da\ id Ca\gill. Touch of Class
ADDRESS: 58979 Eos Coyotes
Yucca Valley. CA 92284
PHONE: 760.578.5199
INSTRUCTION T\TE: .Musical entertainment
This Recreational Instruetor Agreement ("Agreement") is made and entered into this | day
of 20 ly by and between the C1T^■ of Palm Springs, a California ehailer city
and municipal corporation. {"CITY") and Da\ id Ca>gill. an indix idual or entity and his her
employees, agents, or officers {collectix ely referred to as "INSTRUCTOR").
I. SCOPE OF WORK
A. CIT^' seeks to proxide musical entertainment. INSTRUCTOR shall perfomi all
necessary and appropriate serxiees consistent xxith that puipose ("Services").
Serxices are detailed in Exhibit ".A." attached hereto and incorporated herein by
reference.
B. Serx ices shall be performed at Palm Springs Pax ilion ("Facilities").
C. INSTRUCTOR xvarrants that he she is qualified to provide CITY xvith Serx ices,
and holds all necessary certifications and licenses.
D. INSTRUCTOR xvaiTants that he she xvill prox ide all necessary supplies,
equipment, personnel, and other such necessities that enable him her to perform
the Serx ices in a safe, competent, and professional manner.
E. INSTRUCTOR shall perform the Serx ices in a manner consistent xx ith industry
standards and the expectations of a reasonable person.
II. DLIUATIO.N
-A. Serx ices shall begin on October .71. 2018 and end on .March 20. 2019.
B. This .Agreement max be extended bx' xvritten agreement betxveen CITA' and
INS'fRUCTOR.
C. CllA' iTiay terminate this .Agreement at any time, xvith or xvithout cause, by gix ing
xvritten notice to INSTRUCTOR. Upon receipt of notice of termination.
INS'fRUCTOR shall cease performance of all Serxices on the date set forth on
the notice of termination, or immediately if no date is prox ided. INSTRUCTOR
shall he entitled only to compensation for serxices rendered prior to the
termination date.
ORIGINAL BIDAND/OR AGREEMENT
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III. COMPENSATION
A. CITY agrees to pay INS TRLXnTIR for the performance of Services on the
following terms:
1. Flat fee S 450.00 per night - maximum S1.800.
2. Hourly fee .S
3. Contingent fee S per
4. Other S
B. All compensation shall be paid on the night of performance.
C. INSTRUCTOR shall not be entitled to any additional compensation.
IV. USE OF FACILITIES
A. INSTRUCTOR shall only use the Facilities for the Ser\ices described in this
Agreement.
B. INSTRUCTOR shall be responsible for any damage caused to the Facilities
arising out of his her rendering of the Ser\ ices.
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. INSUICANCE
The CITY reser\es the right to require INSTRUCTOR to maintain insurance for the
duration of this Agreement. Insurance requirements, if an\'. are attached as Exhibit "B" and
incoiporated herein by reference. INSTRUCTOR shall pro\ ide CITY ,with proof of insurance
prior to the commencement of Ser\ ices.
M. INDEMNITY
To the fullest extent permitted by law. INS'l RUCTOR shall defend (at INSTRUCTOR'S
sole cost and expense), indemnify, protect, and hold harmless CITY, its officials, officers,
employees, agents and \ oluntcers (collecti\ely the "Indemnified Parties"), from and again.st 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 (INSTRUC'fOR'S employees included), for damage to property, including
property owned by CIT^'. or from any \ iolation ol"an>- federal, state, or local law or ordinance,
which Claims arise out of. pertain to. or are related to INSTRUCTOR'S perfomnance under this
Agreement. This indemnification clause excludes Claims arising from the sole negligence or
willful misconduct of the Cit> . its elected officials, officers, employees, agents, and \ olunteers.
Under no circumstances shall the insurance requirements and limits set forth in this Agreement
be construed to limit INSTRl'CTOR'S indemnification obligation or other liability hereunder.
INSTRUC'fOR'S indemnification obligation shall sur\ i\ e the expiration or earlier termination of
this Agreement until all actions against the Indemniilcd 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, 'fhis provision is intended Ibr the benefit of third party Indemnified
Parties not otherwise a party to this .Agreement.
MI. INDEPENDENT INSTRUCTOR
The legal relationship between the Parties i.s that of an independent eontraelor. and
nothing herein shall be deemed to make INS TRL CTOR a CITY employee. During the
performanee of this Agreement. INSTRl 'CTOR and its offieers. emplo\'ees. and agents shall aet
in an independent eapaeity and shall not aet as CJIA' oiTieers or employees. INSTRUCTOR wiW
determine the means, methods and details of performing the Ser\ iees subjeet to the requirements
of this Agreement. The personnel performing the Serx iees under this Agreement on behalf of
INSTRUCTOR shall at all times be under INSTRUCTOR'S exelusixe direction and control.
Neither CIT^' nor any of its olTieials. offieers. emplox ees. agents or \ olunteers shall ha\ e eontrol
o\d" the eonduct of INSTRUCTOR or any of its offieers. employees, or agents, eweept as set
forth in this Agreement. 1NS1RL CTOR. its officers, employees or agents, shall not maintain a
pennanent olTice or llxed business location at CriA''S off ees. CITY shall haxe no \oice in the
selection, discharge, superxision. or control of INSTRUCTOR'S officers, employees,
representatixes or agents or in fixing their number, compensation, or hours of service.
INSTRUCTOR shall pay all xx ages. salaries, and other amounts due its employees in connection
xvith the perfonnanee of Serx iees 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, xvorkers' compensation, and other similar matters.
CITY shall not in any xvay or for anx' purpose be deemed to be a partner of INSTRUCTOR in its
business or otherxvise a joint x enture or a member of an>' Joint entei*prise xx ith INSTRUCTOR.
MIL SLBCONTRACTING OR ASSIGNMENT PROHIBITED
INSTRUCTOR'S expertise, capabilitxx and reputation xxere a substantial inducement for
CITY to enter into this .Agi-eement.
A. Only those authorized in xx riting bx the CIT^' may render Serx iees or perfomi any
term of this Agreement.
B. INSTRUCTOR shall not agree xxith any other party to perfomi the Sendees
xvithoLit the CITY'S express prior xx riiten approx al.
C. This Agreement shall not be assigned in xxiiole or in part to another party without
CITY'S express prior xvrilten approx al.
IX. INTEGRATED AGREEMENT
This Agreement contains all tenns and conditions betxx een INSTRUCTOR and CITY and
cannot be supplemented or modified xx ithout mutual xx ritten agreement.
X. CGAIPLIANCE WITW THE LAW
A. INSTRUCTOR shall perform all Serxiees in accordance xvith all applicable
federal, state, and local laxx s.
B. INSTRUCTOR shall obtain and keep current any neeessarx licenses or permits
necessary for the lawful performance of Serx iees.
C. In the performanee of Serx iees. INS'l RUCTOR shall not discriminate against any
person or group of persons on account of race, color, creed, religion, sex. marital
status, disabilitx. sexual orientation, national oriuin. or aneestrv.
XI. CRLMINAL BACKGRQl ND CHECK
CITY ma> require INSTRl'C'TOR le subniil lo. and pass, a eriminal baekground
investigation prior to the eomineneeinent of Ser\ iees.
XII. LEGAL ACTION
In addition to an\ other rights or remedies, either Part\' may take legal aetion. in law or in
equity, to eure. correet or remedy anv default, to reeo\er damages for any default, to eompel
speeifie perfonnanee of this Agreement, to obtain deelaratory or in)uneti\ e relief, or to obtain
any other remedy eonsistent w ith the purposes of this Agreement.
XIIL ATTORNEY FEES
In the e\ent any dispute between the Parties w ith respeet to this .Agreement results in
litigation or any non-Judieial proeeeding. the pre\aihng Party shall be entitled, in addition to
such other relief as ma\' be granted, to reeo\ er from the non-pre\ ailing Party all reasonable eosts
and e.xpenses. ineluding but not limited to reasonable attorneys' fees, e.xpeil eonsultant fees.
eoLirt costs and all fees, eosts. and expenses incurred in any appeal or in collection of any
judgment entered in such proeeeding. To the extent authorized by law. in the e\ ent of a dismissal
by the plaintill or petitioner of the litigation or non-Judieial proeeeding within thirty (30) days of
the date set lor trial or hearing, the other Party shall be deemed to be the prevailing Party in such
litigation or proeeeding.
INSTRUCTOR hereby warrants that he she has full> read this Agreement, understands and
agrees to each and e\ er\' term, and is authorized to sign on behalf of an\ authorized persons
perfonning the Services.
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Instructor Signature Date
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Printed Name Title
'^/p/
Da\ id H. Ready. City Manager
City of Palm Springs
3200 E. Tahquitz Canyon \Va\
Palm Springs. C.A 92262 ATTEST:
760.323.8201
APPROVED AS TO FORM;
Date
EDWARD KOTKIN.
Cit\' .Attornev
Ciiv Clerk
APPROVED BY nnVMAMGER
Date
EXHIBIT A
Describe activity/instmction and services to be rendered:
Musical entertainment for Wednesday Night Ballroom Dance Progi*ani
Frequency of meetings:
2018: October 31; 2019: January 23, February 20, & March 20.
List all instructors, assistants, helpers, volunteers:
NAME ROLE
Y cj(
* /
Pri/yM.?
4. List materials and supplies to be used:
Band to provide own sound system and instruments to perform.
Estimated class size:
N/A
Fee schedule
EXHIBIT B
115^)531.1
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INSURANCE REQUIREMENTS
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1159531.1
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