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HomeMy WebLinkAboutPEG STIRN - CONTRACT - CONTRACT - RECREATION SERVICES AGREEMENT MUSIC THERAPYCITY OF FORT COLLINS - RECREATION DIVISION SERVICES AGREEMENT - BUSINESS THIS AGREEMENT, dated this 25th day of February 2004 is made and entered into by and between THE CITY OF FORT COLLINS, COLORADO, ("City'), a municipal corporation, and Music Therapy in Mnti on / Peg lFtirn hereinafter referred to as CONTRACTOR. WITNESSETH: 1. The City hereby retains the services of the Contractor for the performance of the following services on a contractual basis: A. Key elements of the program: Fitness class titled Movement to Music. B. Services provided by Contractor: Teach the Movement to Music class as scheduled. Teach the class herself or subcontract another teacher. Provide some equipment, musical instruments. C. Cost center: 6244 528170 D. Role of the City of Fort Collins: Provide clean room for class. Provide equipment, IE: mats, hand weights, chairs. Handle registration of students. Pay contractor. E. Program/projectdescription: Fitness class geared for persons with movement difficulties. Class will be offered at least one time weekly as convenient for facility and instructor. 2. TERMS OF AGREEMENT. The term of this agreement is from -,February 15 2004 until December 31 2004 The City may terminate this Agreement without cause at any time. CITY: City of Fort Collins, Colorado CONTRACTOR: t C5A % t Recreation Division 470214 N. Howes Street rOS' Fort Collins, Colorado 80521 3. COMPENSATION. In consideration of the services actuallygoau d by the Contractor under this AgreemOuner City agrees to pay the Contractor the sum of 1 6. 00 Dollars per class/sessioarticipant ($ I b � per class/sessioarticipant) not to exceed $(�. The Contractor shall maintain, and make availableity uponrequest, a log of all hours workethis Agreement.Neither the Contractor nor its officers, employees, or agents shall be entitled to compensation for overtime, nor will the City be responsible for withholding any portion of the Contractor's compensation for taxes, FICA, Workman's Compensation insurance, unemployment compensation insurance or any other benefits. The Contractor shall not assign any benefit or responsibility nor delegate any duty arising under this Agreement without the prior written consent of the City. 4. STATUS OF CONTRACTOR. The parties agree that the services rendered by the Contractor, its officers, employees and agents under this Agreement are those of an independent contractor and not an employee of the City. Accordingly, neither the Contractor nor anyone on its behalf is authorized in any manner whatsoever to bind or otherwise represent it/himself/herself as an agent of the City. The Personnel Policies and Procedures of the City do not apply to the Contractor, and the contractor, its officers, employees and agents receive no rights or benefits thereunder by reason of this Agreement. 5. OUTSIDE EMPLOYMENT. The Contractor may engage in any outside employment other than that provided for by this Agreement without prior approval by the City. 6. RELEASE AND INDEMNIFICATION. In consideration of the foregoing exchange of promises and in further consideration of the compensation to be paid to the Contractor under this Agreement, the Contractor, its officers, employees and agents hereby release the City, its employees, agents and assigns from any and all present and future liability, claims, causes of action, losses, costs or expenses of any kind whatsoever stemming from or in any way relating to the Contractor's performance under this Agreement. The contractor, its officers, employees and agents further specifically agree to hold the City harmless and indemnify the City against any claims, demands, liabilities or causes of action whatsoever brought by or on behalf of any third party for damages, losses, costs, expenses or injuries sustained by any such third party arising from or in any way relating to the negligent acts or omissions of the Contractor, its officers, employees or agents in the performance of its obligations under this Agreement. The Contractor must provide comprehensive general liability insurance in the amount of $500,000.00 and provide a certificate of insurance listing the City of Fort Collins as an additional insured. 7. DEFAULT PERIOD. Each and every term and condition of this Agreement shall be deemed to be a material element hereof and, in the event of default by either party, the non -defaulting party shall be entitled to all rights and remedies at law and in equity, including, but limited to, the award of reasonable attorney's fees and costs incurred because of the default. 8. BINDING EFFECT/NO ASSIGNMENT/NO THIRD PARTY BENEFICIARY. This Agreement shall be binding upon the City and the Contractor, their legal representatives, successors and, assigns, if any, and shall not be assigned by either party without the written consent of the other party. This Agreement is made for the sole and exclusive benefit of the City and the Contractor, and is not made for the benefit of any third per- 9. The Contractor shall manage and conduct all activities and services hereunder in a fair, nondiscriminatory, professional, and competent manner, consistent with the requirements of the Americans with Disabilities Act, and Colorado and Fort Collins human rights laws, and otherwise in compliance with all applicable laws and to the reasonable satisfaction of the City. 10. This Agreement shall be governed by the laws of the State of Colorado, and the parties agree that venue for any action hereunder shall be in Larimer County, Colorado. It. ENTIRE AGREEMENT. This writing constitutes the entire agreement between the parties hereto. 12. Contractor must initial if he/she agrees d me and phone number may be published or released to participants for use in relationship to the program/project described hereunto. (initial) 13. The undersigned Contractor warrants that he/she is legally competent to execute this Agreement. CONTRACTOR ,�t� �r r � Name: /•eIR9tG ' rx •mow IVID�y►� (Pei JP►��IJ Social Security#: S7o — 6Y �`o—� y Home Phone: f Z0 " Work Phone: _f%0 �y3 _ O 7 W CITY OF FORT COLLINS, COLORADO Recreation Division By:(�__� e0nJ_:_A W. - Title: Q EA.9 GTOl dlC PUrZ <,, J4 �aLK lia Fax: 1� E-mail: _Q AP? (D 4vv. Cd7'^-' Address: Signature =v k-0-Z6