KIDS CAN DO GYMNASTICS - 2003 - Laserfiche WebLink

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INSURANOE NOT ON FILE WORK MAY NO'[ PROCEED N-2003-027 CLERK OF COUNCIL DATE: s/~to~ CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 2L3 day of '~ ,2003 by and between Kids Can Do Gymnastics, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Aha, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter "City"). RECITALS o¥ A. The City desires to retain a consultant having special skill and knowledge in the field of gymnastics instruction. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide Mommy and Me gymnastics classes for infants and toddlers ages 10 months to 4 years as detailed in Exhibit A to this Agreement. Consultant shall conduct two 45 minute classes every Tuesday as detailed in Exhibit A. Consultant shall provide a trampoline, bars, beam, and parachute games and other appropriate materials and supplies in order to conduct the class. There must be a minimum of 8 registered and paid participants in order to conduct the class and a maximum of 20 participants. If the minimum of 8 registered and paid participants is not reached by the time the class begins, the class may be cancelled by mutual agreement of Consultant and City without any compensation owed to the Consultant. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, seventy percent (70%) of the paid registration fees for the classes. City shall retain the remaining thirty percent (30%). The total sum to be expended under this Agreement, shall not exceed $ 10,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.