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2004-162RESOLUTION NO. 2004- 162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES TO EXECUTE PERSONAL SERVICES CONTRACTS IN THE FORM APPROVED BY THE CITY COUNCIL FOR INSTRUCTORS, SPORTS OFFICIAL ASSIGNORS AND TRAINERS AND ENTERTAINERS IN AMOUNTS LESS THAN FIVE THOUSAND DOLLARS WHEREAS, the Department of Community Services annually concludes personal services agreements with hundreds of independent referees, performers, instructors, and entertainers for parks and recreation programs in amounts of less than Five Thousand Dollars per contract: and WHEREAS, the funding for such personal services agreements is contained in the Community Services Department's annual budget; and WHEREAS, such personal services agreements must frequently be executed with haste because of resignations, non-appearances or other exigent circumstances; and WHEREAS, requiring that the City Manager execute all such agreements places an undue burden on the City Manager, may unnecessarily lengthen response times for exigent circumstances, and is unnecessary for budget control or other purposes of management and coordination: and WHEREAS, Section 518 of Article V of the Charter of the City of Anaheim permits the City Council to designate certain officers of the City to execute on behalf of the City of Anaheim contracts approved by the City Council. NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Anaheim to approve those Agreements attached hereto as Exhibits A through D and incorporated herein by this reference and they hereby are approved. BE IT FURTHER RESOLVED that the Director of Community Services be, and he hereby is. authorized to execute, on behalf of the City of Anaheim, Agreements presented in substantially the same form and content as Exhibits A through D with contractors who provide personal services for budgeted recreational and instructional programs within the Department of Community Services in amounts less than Five Thousand Dollars ($5,000.00), provided such agreements have been approved as to form by the City Attorney. THE FOREGO~G RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 97th day of .J,,!y ,2004, by the following roll-call vote: AYES' Council Members Chavez, Tait, Hernandez, McCracken NOES: none ABSTAIN none ABSENT: Mayor Pringle ATTES]~: ?Citv C}erf Mayor of the ~ity,'~ ~na~eim Pro Tem 53705.3 4 6 ~ t~, ~2 14 ~5 17 20 2~ 24 25 2(~ 27 2~ of A G R E E M E N T CONTRACT NO. THIS AGREEMENT, dated for purposes of identification only this · 200 . is made and entered into by and between the day CITY OF ANAHEIM. a municipal corporation, hereinafter referred to as "CITY," A N D an individual, organization or group, hereinafter referred to as "INSTRUCTOR." WITNESSETH- WHEREAS, CITY desires to employ a WHEREAS. INSTRIJCTOR, is qualified as a(n). instructor; and instructor. NOW. THEREFORE. FOR AND IN CONSIDERATION OF THE FOLLOWING PROMISES. COVENANTS AND CONDITIONS. THE PARTIES HERETO AGREE AS FOLLOWS: 1. CITY agrees to engage the services of INSTRUCTOR as an INSTRUCTOR, AND INSTRUCTOR agrees to conduct classes in in accordance with the following schedule' DATES' . inclusive DAYS OF WEEK: TIMES' 2. That INSTRUCTOR is an independent contractor pursuant to this contract and shall not. in any way, be considered to be an employee of the CITY. 3. CITY agrees to pa>' INSTRLICTOR sixty five (65)/seventy (70) percent of the total tuition fees actually collected from students enrolled in classes taught by INSTRUCTOR. The INSTRt_ICT()R agrees ~o receive this as sole compensation and will receive this as sole compensation and will receive no other t?inge benefits. I IiBII A 5 9 10 11 12 13 14 15 16 18 19 21 ~? 23 24 3.-, 27 28 4. In the event that the revenue from the course is insufficient to meet total expenses, it is agreed that the cost beyond revenue will be borne by INSTRUCTOR. 5. INSTRUCTOR hereby agrees to furnish, without cost to CITY, an equally qualified substitute instructor to be used in assisting or standing in whenever INSTRUCTOR is absent, so long as such substitute is in compliance with Paragraph 14 of this Agreement.. 6 INSTRI ICTO~ .......... qhall not sell supp!ies other than those being u~e~o ,~ in-laoo,., oo, the ~os~ of which shall be included in the enrollment fee. 7. INSTRUCTOR shall not solicit students to participate in fundraisers or to make donations to INSTRUCTOR for any other cause. 8. All registration must be taken solely by CITY. If registration is taken in class. INSTRUCTOR shall, on the next working day, route such registration to the Anaheim Community Services' registration office. All checks shall be made payable to the City of Anaheim. 9. INSTRUCTOR must obtain a city business license. 10. INSTRUCTOR must apply for/and obtain an Internal Revenue Services Federal Tax ID number and provide such I.D. number to CITY. 11. In no event shall the compensation paid to INSTRUCTOR, including costs and expenses exceed Five Thousand Dollars ($5.000.00). 1~. '~ INSTRUCTOR must show proof ora current TB test (not more than two vears old 13. INSTRUCTOR agrees to indemnif}?, defend (at CITY'S option), and hold harmless the CITY. its officials, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with the INSTRtICTOR'S (or INSTRUCTOR'S subcontractors or substitutes, if any) performance or failure to perform, under the terms of this contract: excepting liability actions arising out of thc sole negligence of the CITY. 14. As a condition precedent to thc effectiveness of this Agreement and the furnishing of services hereunder. INSTRU('TOR shall be fingerprinted by the City of Anaheim. which fingerprints shall be submitted to thc Department of Justice for transmittal of a criminal record summary by the Department of Justice to CITY. 5 6 ]4 20 2~ 24 2~ 28 a. INSTRUCTOR hereby authorizes and directs the Department of Justice to furnish a criminal record summau' on INSTRUCTOR to the Anaheim Parks Recreation and Community Services Department containing criminal records information on INSTRUCTOR, in accordance with the provisions of Education Code Section 10911.5, Penal Code Section 1105.3 and Public Resources Code Section 5164. b, INSTRI_ICTOR understands that the existence of criminal records un ~r~ , ,- ,' ,~ Code Section 10911.5. Penal Code Section 11105.3 and/or Public Resources Code Section 5164 may constitute disqualification of INSTRUCTOR from performing services for the Anaheim Parks, Recreation and Community Services Department. c. INSTRUCTOR further understands that criminal conduct under the aforementioned statutes occurring subsequent to commencement of services under this Agreement may constitute disqualification of INSTRUCTOR from performing further services under this Agreement and be cause for immediate termination of this Agreement and of INSTRUCTOR'S services hereunder. d. CITY acknowledges that the fingerprints and criminal data generated under the provisions of this Agreement are confidential and agrees to use such information only for the purposes for which it was acquired. 15. In the event that the INSTRUCTOR is injured while on the job, the CITY shall be held free. clear and harmless from anv obligation to pa3' medical expenses or compensation arising from said injury. Thc INSTRtIC'?OR understands that he/she is not entitled to Worker's Compensation benefits. 16. This writing constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all oral or written representations, or written agreements which max' have been entered into between thc panics. No modifications or revision shall be of any force or effect, unless the same is in writing, and executed by the parties hereto. 17. Neither INSTRLICTOR nor CITY may assign or transfer this Agreement. or any part thereof, without the wriuen consent of the other part>'. 4 5 6 / 9 14 17 20 2~ 24 25 2~ ~T 18. INSTRUCTOR shall not discriminate against handicapped persons in the provision of services and shall provide accessibility for handicapped persons to the services provided under this Agreement. INSTRUCTOR shall comply with all applicable requirements of the Americans with DisabiliLv Act of 1990 and implementing regulations (28 CFR Parts 35-36), in order to provide handicapped accessibility to the extent readily achievable. 19. Notices and communication concerning this Agreement shall he sent to the following addresses: CITY INSTRUCTOR City of Anaheim Attention: City Clerk 200 S. Anaheim Boulevard Anaheim. CA 92805 Either party ma>', by notice to the other part>,, change the address specified above. Service of notice or communication shall be complete when received at the designated address. 20. Except as set forth in Paragraph 14 above, this Agreement is subject to cancellation at any time by either party submitting a 30-day written notification of such cancellation. 21. INSTRUCTOR and INSTRUCTOR'S signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this Agreement on behalf of lNSTRtlCFOR and to bind INSTRUCTOR hereto. Thc effective date of this Agrcemen! shall be the latest date of execution hereinafter set 2~rth opposite thc names of thc signators hereto, in the event INSTRUCTOR fails to set forth a date of execution opposite thc namcls)of INSTRUCTOR'S signator(s). INSTRUCTOR hereby authorizes CITY. by and through its representative, to insert the date o£ execution by INSTR[1CTOR'S signator(s) as thc date said Agreement. as executed by INSTRUCTOR. is received by CITY. 2 5 6 7 8 9 ]0 ]2 ]4 ]5 ]8 24 25 2(, 27 28 IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth. DATE OF EXECUTION: CITY OF ANAHEIM, a municipal corporation By Director of Community Services "CITY" DATE OF EXECUTION' (Name of Individual, Organization By Printed Name Title Signature "INSTRUCTOR" SOCIAL SECURITY NUMBER BUSINESS LICENSE NUMBER APPROVED AS TO FORM' JACK L. WHITE. CITY ATTORNEY I.R.S. NUMBER Date 5 i76.SB/{no insurance required) _4_ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2() 21 23 24 25 27 of A O R E E M E N T CONTRACT NO. THIS AOREEMENT. dated for purposes of identification only this .200 is made and entered into by and between the day CITY OF ANAHEIM, a municipal corporation, hereinafter referred to as "CITY," A N D an individual, organization or group, hereinafter referred to as "INSTRUCTOR." WI TN ES SETH: WHEREAS, CITY desires to employ a WHEREAS. INSTRUCTOR, is qualified as a(n). instructor; and instructor. NOW. THEREFORE, }:'OR AND IN CONSIDERATION OF THE FOLLOWING PROMISES, COVENANTS AND CONDITIONS. THE PARTIES HERETO AGREE AS FOLLOWS' 1. CITY agrees to engage the services of INSTRUCTOR as an INSTRUCTOR. AND iNSTRUCTOR agrees to conduct classes in in accordance with the following schedule: DATES: . inclusive DAYS O1: WEEK: TIME S: 2. That IN STRUCTOR is an independent contractor pursuant to this contract and shall not. in any way. be considered to bc an employee of the CITY. 3. CITY agrees to pay INSTRUCTOR sixty five t65 )/seventy (70) percent of the total tuition fees actually collected from students enrolled in classes taught by INSTRUCTOR. The INSTRUCTOR agrees to receive this as sole compensation and will receive this as sole compensation and will receixe no other £ringe benefits. 1 3 4 5 6 7 8 9 IU 11 1-) 13 14 15 16 l/ 18 19 2O 21 23 24 2~ 28 4. In the event that the revenue from the course is insufficient to meet total expenses, it is agreed that the cost beyond revenue will be borne by INSTRUCTOR. 5. INSTRUCTOR hereby agrees to furnish, without cost to CITY, an equally qualified substitute instructor to bc used in assisting or standing in whenever INSTRUCTOR is absent, so long as such substitute is in compliance with Paragrapgh 15 of this Agreement.. 6. INSTRI JCTOR shall not sell supplies other than those being used in class, the cost of which shall be included in the enrollment fee. 7. INSTRUCTOR shall not solicit students to participate in fundraisers or to make donations to INSTRUCTOR for any other cause. 8. All registration must be taken solely by CFI'Y. if registration is taken in class, INSTRUCTOR shall, on the next working da5,, route such registration to the Anaheim Community Services' registration office. All checks shall be made payable to the City of Anaheim. 9. INSTRUCTOR must obtain a city business license. 10. INSTRUCTOR must apply for/and obtain an Internal Revenue Services Federal Tax ID number and provide such I.D. number to CITY. 11. In no event shall the compensation paid to INSTRUCTOR, including costs and expenses exceed Five Thousand Dollars ($5,000.00). 1 ~ INSTRLICTOR must show' proof ora current TB test (not more than two years old 13. INSTRLICTOR agrees to indemni~', defend (at CITY'S option), and hold harmless the CITY. its officials, employees, representatives, and volunteers from and against an5,' and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with the INSTRLICTOR'S {or INSTRUCTOR'S subcontractors or substitutes, if any) performance or failure to perform, under the terms of this contract: excepting liability actions arising om of the sole negligence of the CITY. 14. INSTRL!CTOR rnus~ obtain One Million Dollars ($1,000,000.00) (per occurrence) comprehensive general liability insurance policy and furnish CITY with a certificate of such insurance prior to commencing work under this Agreement. The Risk Manager of CITY has authority to a4iust the amount of insurance as he/she may deem necessary'. 4 5 ]4 ]5 ]6 2I 24 25 26 2~ 15. As a condition precedent to the effectiveness of this Agreement and the furnishing of services hereunder. INSTRUCTOR shall be fingerprinted by the City of Anaheim, which fingerprints shall be submitted to the Department of Justice for transmittal of a criminal record summars,' by the Department of Justice to CITY. a. IN~qTRUCTOR hereby authorizes and directs the Department of Justice to furnish a criminal record summary on INSTRUCTOR to the Anaheim Parks Recreation and Community Services Department containing criminal records information on INSTRUCTOR. in accordance with the provisions of Education Code Section 10911.5. Penal Code Section 1105.3 and Public Resources Code Section 5164. b. IN ~ TR U L 1 OR understands that the existence of criminal records under Education Code Section 10911.5. Penal Code Section 11105.3 and/or Public Resources Code Section 5164 may constitute disqualification of INSTRUCTOR from performing services for the Anaheim Parks. Recreation and Community Services Department. c. INSTRUCTOR further understands that criminal conduct under the aforementioned statutes occurring subsequent to commencement of services under this Agreement may constitute disqualification of INSTRUCTOR from performing further services under this Agreement and be cause for immediate termination of this Agreement and of INSTRUCTOR'S services hereunder. d. CITY acknowledges that the fingerprints and criminal data generated under the provisions of this A~reement are confidential and agrees to use such information only for the purposes for which it was acquired. 16. In the evem that the INSTRUCTOR is injured while on the job. the CITY shall be held flee. clear and harmless from any obligation to pay' medical expenses or compensation arising from said in.iurv. The INSTRtICTOR understands that he/she is not entitled to Worker's ('ompcnsation benefits. 17. This writing constitutes the entire agreement between the parties with respect to the subject matter hcreoI: and supersedes all oral or written representations, or written agreements which may' have been entered into between the parties. No modifications or revision shall be of 4 5 7 8 9 10 11 1-2 13 14 15 16 17 18 lc) 2() 21 24 25 2~ any force or effect, unless the same is in writing, and executed by the parties hereto. 18. Neither INSTRLICTOR nor CITY may assign or transfer this Agreement, or an-,, part thereof, without the written consent of the other party. 19. INSTRUCTOR shall not discriminate against handicapped persons in the provision of services and shall provide accessibility for handicapped persons to the services provided under this .Agreement. INSTRUCTOR shall compl, with all applicable requirements of the Americans with Disability Act of 1990 and implementing regulations (28 CFR Pans 35-36), in order to provide handicapped accessibility to the extent readily achievable. 20. Notices and communication concerning this Agreement shall be sent to the f011owing addresses: CITY INSTRUCTOR Citv of Anaheim Attention: City Clerk 200 S. Anahei~n Boulevard Anaheim. CA 92805 Either part>, ma>'. by notice to the other party, change the address specified above. Service of notice or communication shall be complete when received at the designated address. 21. Except as set forth in Paragraph 15 above, this Agreement is subject to cancellation at any time by either pan>' submitting a 30-day written notification of such cancellation. 22. INSTRLICTOR and INSTR[ tCTOR'S signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this :\greemem on behalf of lNSTRUC'I'OR and to bind INSTRUCTOR hereto. The effective date of this Agreement shall be the latest date of execution hereinafter set i'orth opposite the names of the signators hereto. In the event INSTRUCTOR fails to set forth a date of execution opposite the name(s) o~' INSTRUCTOR'S signator(s), INSTRUCTOR hereby authorizes ('ITY. by and tiwou-h=, its representative, to insert thc date of execution by INS~I'R[iCT()R'S signatoris)as the date said Agreement. as executed by INSTRUCTOR. is received by CITY. 1 4 5 6 ] 0 ]2 ]4 ]5 ]- 2(~ 2] IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth. DATE OF EXECUTION' CITY OF ANAHEIM, a municipal corporation Director of Community Services "CITY" DATE OF EXECUTION' (Name of Individual. Organization Printed Name Title Signature "INSTRUCTOR" SOCIAL SECURITY NUMBER BUS1NESS LICENSE NUMBER APPROVED AS TO FORM: JACK L. WHITE. CITY ATTORNEY I.R.S. NUMBER [)ate 51176.5A (Insurance required AGREEMENT THIS AGREEMENT. made and entered into this CONTRACT NO. day of 200 , by and between the CITY OF ANAHEIM. a Municipal Corporation, hereinafter referred to as "CITY" and . an individual/organization referred to as "TALENT." WITNESSETH WHEREAS, CITY desires to employ a Sports Official Assignor and/or Sports Officiating Trainer (TALENT); and u/ucvr: ^ c W ^ ~ ~,Tw · · ................. is qualified to assign and train sports officials. NOW THEREFORE. FOR AND IN CONSIDERATION OF THE FOLLOWING PROMISES. COVENANTS AND CONDITIONS, THE PARTIES HERETO AGREE AS FOLLOWS' CITY agrees to engage thc services of TALENT as a youth sports official and/or sports official assignor and/or trainer of sports officiating, and TALENT agrees to provide officiating and training for youth sports in accordance with the following schedule: DATE(S)' . inclusive PERFORMANCE TIME(S): (PER SCHEDULE) ARRIVAL TIME: 15 MINUTES PRIOR TO FIRST SCHEDULED GAME I~OCATION(S). PER SCHEDULE Git5' shall pay TALENT the total of In no event shall the total amount paid to TALENT exceed Five Thousand Dollars {$5.000.00). 3. TALENT shall perform the following services: A. Provide Youth Sports Officials in accordance with the schedule to be prepared by the Director of Community Services, or his designee. B. Provide Youth Sports officiating training, on dates and times set forth in the attached Schedule. 4. TALENT is an independent contractor pursuant to this Agreement, and shall not, in any way. be considered to be an employee of CITY. TALENT understands that he/she is not entitled to Worker' s Compensation benefits or to any other employment benefits provided by CITY. In the event TALENT is injured while on the job, CITY shall be held free, clear and harmless from any obligation to pay medical expenses or compensation arising from said injury. 5. TALENT agrees to indemnify, defend (at CITY'S option), and hold harmless the CITY. its officials, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with the TALENT'S (or TALENT'S subcontractors, if any) performance or failure to pertbrm, under the terms of this contract: excepting liability actions arising out of the sole negligence of thc CITY. 6. As a condition precedent to thc effectiveness of this Agreement and the furnishing of services hereunder, TALENT shall be fingerprinted by the City of Anaheim, which fingerprints shall bc submitted to the Department of Justice for transmittal of a criminal record summary by the Department of Justice to City. a. TALENT hereby authorizes and directs the Department of Justice to furnish a criminal record summary on TALENT to the Anaheim Community Services Department containing criminal records information on TALENT, in accordance with the provisions of Education Code Section 1091.5, Penal Code Section 11105.3 and Public Resources Code Section 5164. b. TALENT understands that the existence of criminal records under Education Code Section 10911.5. Penal Code Section 11105.3 and/or Public Resources Code Section 5164 may constitute disqualifications of TALENT from performing services for the Anaheim Community Services Department. c. TALENT further understands that criminal conduct under the aforementioned statutes occurring subsequent to commencement of services under this Agreement may disquali~ TALENT from performing further services under this Agreement and be cause for immediate termination of this Agreement and of TALENT's services hereunder. d. CITY acknowledges that the fingerprints and criminal data generated under the provisions of this Agreement are confidential and agrees to use such information only for the purposes for which it was acquired. 7. TALENT shall ensure that those individuals to whom TALENT assigns officiating duties shall also comply with all of the requirements of Paragraph 6 above, including fingerprinting requirements and that any results shall be provided to the Anaheim Community Services Department prior to any such assignment. 8. TALENT must show proof of current TB test (not more than two years old). O. This writing constitutes thc entire agreement between the parties with respect to the sub~iect matter hereof, and supersedes all oral or written representations, or written agreements which may have been entered into between the parties. No modifications or revisions shall be of any force or effect, unless the same is in writing, and executed by the parties hereto. 10. Neither TALENT nor CITY may assign or transfer this AGREEMENT, or any part thereof, without the written consent of the other party. 11. This AGREEMENT is subject to cancellation at any time by either party submitting a 30-day written notification of such cancellation. 12. Authority and Effective Date: TALENT and TALENT'S signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this Agreement on behalf of TALENT and to bind TALENT hereto. The effective date of this Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signators hereto. In the event TALENT fails to set forth a date of execution opposite the name(s) of TALENT's signator(s), TALENT hereby authorizes CITY. by and through its representative, to insert the date of execution by TALENT's signator(st as the date said Agreement, as executed by TALENT, is received by CITY. // // ~ WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth. DATE OF EXECUTION: CITY OF ANAHEIM A Municipal Corporation BY Director of Community Services "CITY" Name of Organization or Individual DATE OF EXECUTION: Title Account No. Address: Office Phone: Home Phone: TAX I.D. NUMBER APPROVED AS TO FORM: "TALENT" JACK L. WHITE, CITY ATTORNEY By Title Date 54558. l/Sports Officiating CONTRACT NO. AGREEMENT THIS AGREEMENT, made and entered into this day of 200 , by and between the CITY OF ANAHEIM. a Municipal Corporation, hereinafter referred to as "CITY" and . an individual/organization referred to as "TALENT." WITNESSETH and WHEREAS, CITY desires to employ a _(TALENT); NOW THEREFORE, FOR AND IN CONSIDERATION OF THE FOLLOWING PROMISES, COVENANTS AND CONDITIONS. THE PARTIES HERETO AGREE AS FOLLOWS: CITY agrees to engage the services of TALENT as and TALENT agrees to following schedule' in accordance with the DATE(S): inclusive PERFORMANCE TIME(S)' ,ARRIVAL TIME' LOCATION(S): City shall pay TALENT the total of , as follows: AMOUNT: DATE PAYABLE' TOTAL: ($5.000.00). , In no event shall the total amount paid to TALENT exceed Five Thousand Dollars TALENT shall perform the following services' Ao B. 4. TALENT is an independent contractor pursuant to this Agreement, and shall not, in any way, be considered to be an employee of CITY. TALENT understands that he/she is not entitled to Worker' s Compensation benefits or to any other employment benefits provided by CITY. In the event TALENT is injured while on the job, CITY shall be held free, clear and harmless from any obligation to pay medical expenses or compensation arising from said injury. 5. TALENT agrees to area-exclusivity for 20 days prior to and following any contracted event. This requirement may be eliminated by the Director of Community Services, or his designee, in his sole discretion. 6. TALENT agrees to indemnif,v, defend (at CITY'S option), and hold harmless the CITY, its officials, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with the TALENT'S (or TALENT'S subcontractors, if any) performance or failure to perform, under the terms of this contract: excepting liability actions arising out of the sole negligence of the CITY. 7. This writing constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all oral or written representations, or written agreements which may have been entered into between the parties. No modifications or revisions shall be of any force or effect, unless the same is in writing, and executed by the parties hereto. 8. Neither TALENT nor CITY may assign or transfer this AGREEMENT, or any part thereof, without the written consent of the other party. 9. This AGREEMENT is subject to cancellation at any time by either party submitting a 30-day written notification of such cancellation. 10. Authority and Effective Date: TALENT and TALENT'S signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this Agreement on behalf of TALENT and to bind TALENT hereto. The effective date of this Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signators hereto. In the event TALENT fails to set forth a date of execution opposite the name(s) of TALENT's signator(s), TALENT hereby authorizes CITY, by and through its representative, to insert the date of execution by TALENT's signator(s) as the date said Agreement. as executed by TALENT, is received by CITY. // ~ WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth. DATE OF EXECUTION: CITY OF ANAHEIM A Municipal Corporation By Director of Community Services "CITY" Name of Organization or Individual DATE OF EXECUTION: Title Account No. Address: Office Phone: Home Phone: TAX I.D. NUMBER "TALENT" APPROVED AS TO FORM: JACK L. WHITE. CITY ATTORNEY Title Date 54558._. {Entertainer/Talent)