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HomeMy WebLinkAboutAhead of the Game Academy Inc. - Instructor Contract Folklorico - 2024<\:\ 1 04/4„-, :'iter tIFORN A op.ATE1) 1NSTRUCTOR CONTRACT This Instructor Contract ("Contract) is entered into on October 1, 2023, between, Ahead Of The Game Academy Inc. hereinafter referred to as "Contractor," and the City of National City, a municipal corporation, hereinafter referred to as the "City." Contractor and City may be referred to in this Contract individually as 'Tart „ or collectively as "Parties," 1 I. PURPOSE. The purpose of this Contract is to provide the City with recreational activities and programs that will be available to all National City residents. The City maintains recreational areas throughout its jurisdiction and wishes to use these areas to benefit the City and its residents. The Contractor must be trained and experienced in providing instruction and guidance on the activity that is the subject of the Contractor's instruction. 2. ENGAGEMENT OF CONTRACTOR. The City will engage the Contractor to provide recreational services and the Contractor will perform the services described in. this Contract in accordance with all terms and conditions herein described. The Contractor represents that all services shall be performed directly by the Contractor or under direct supervision of the Contractor, 3. WRITTEN PROPOSAL PRIOR . TO EXECUTION' OF CONTRACT. Contractor understands that the detailed written proposal, submitted on May 29, 2022, which describes the services that the Contractor plans to provide ("Class/Program") must be approved by the City. If approved,. the Contractor's written proposal becomes part of this Contract, attached hereto as Exhibit A. The Contractor understands that the City has full discretion whether to approve, modify or deer the Contractors' written proposal. The Contractor understands that the Contractor may only engage in the activities as set forth in Contractors' proposal, those of which are previously approved, and may only perform other duties that are customarily performed by a Contractor in the same or a similar business. If Contractor seeks to adjust the Class/Program, the Community Services Department Director, or designee, may approve adjustments to the Class/Program at their, or designee's, sole discretion. 4. SEASONAL SCHEDULE. The City shall develop an annual program schedule dividing the year into 4 (four) seasons: spring, summer, fall and winter ("Program Schedule"). Each season shall be approximately ten (10) weeks long, with a three (3) week break between seasons. Instructor Contract Page 1 of 8 City of National City and Revised October 2019 Ahead Of The Game Academy, Incorporated Contractors shall offer the Class/Program during the ten (10) week season and adhere to each three 3 week break. If Contractor seeks to offer the Class/Program during different timefrarnes than the Program Schedule, the Community Services Department Director, or designee, may approve adjustments to the Class/Program at their,. or designee's, sole discretion. Contractor must submit Class/Program details such as dates, days, times, ages, and description by the deadlines noted in the Program Schedule for each season. Any Class/Program that does not meet the deadlines noted in the Program Schedule shall be cancelled. 5. ADMINISTRATION AND PUBLICITY. The City shall collect and manage all 'lass/Program registrations, refunds, and credits through an online and in -person registration system. The City shall provide the Contractor with Class/Program rosters before the first day of instruction. The City shall notify the Contractor of any late registered participants. All other administrative duties are the responsibility of the Contractor. The City shall provide publicity for the Class/Program though the City"s quarterly newsletter, the City's website within the Community Services Department webpages, the City's email distribution list, and the City's social media accounts. The Contractor is solely responsible for the success of the Class/Program and additional publicity may be required to increase enrollment. Contractor is responsible for any additional publicity desired for the Class/Program. Any additional publicity must be reviewed and approved by the Community Services Department Director, or designee, before being distributed to the public. If the Contractor provides Class/Program flyers, the City shall provide a space to display flyers at appropriate City facilities as determined by the City. The City shall not pay to advertise the Class/Program. The City may ask the Contractor to participate in open house events showcasing the Contractor's Class/Program or perform during City special events. 6. SECURITY CLEARANCE. Contractor, and any other individuals, including volunteers, who assist Contractor in teaching the Class/Program ("Subcontractor"), must complete and pass asecurity clearance, including a background check and fingerprinting, before the Class/Program begins. The Contractor must complete the security clearance, including the background check and fingerprinting, and pay all associated costs. This Contract will immediately terminate if Contractor or any Subcontractor does not complete and pass a security clearance, including a background check. if a Contractor hires a new Subcontractor after executing this Contract, the Subcontractor must complete and pass a security clearance, including a background check and fingerprinting, before the Subcontractor can assist with the Class/Program. 7. INDEPENDENT CONTRACTOR. In the performance of this Contract, both Parties will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the Contractor nor the Contractor's Subcontractors are employees of the City, and are not entitled to any of the rights, benefits, or privileges of the City's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. Instructor Contract Page 2 of 8 City of National City an.d Revised October 2019 Ahead Of The Game Academy, incorporated This Contract contemplates the personal services of the Contractor and the Contractor's Subcontractors, and it is recognized by the Parties that a substantial inducement to the City for entering into this Contract was, and is, the professional reputation and competence of the Contractor and its Subcontractors. Ali agreements by Contractor with its Subcontractor shall require the Subcontractor follow the applicable terms of this Contract. 8. NATURE/PLACE of SERVICE. Contractor will provide services at the following locations: Camacho Recreation Center. The Contractor understands that the location(s) of services may change because of unforeseen circumstances. The City shall notify the Contractor within a reasonable time if the location for instruction changes. The Contractor must cooperate with the City in relocating the planned Class/Program if a conflict in location arises. The Contractor is responsible for notifying the Class/Program participants of any location change. 9. TERM. This Contract shall become effective on this January 29, 2024, and terminates on January 2 2025. The City may terminate this Contract with or without cause. Termination with or without cause shall be effective upon ten day's written notice to Contractor. 10. SUBCONTRACTORS. Any Subcontractors who will assist in the instruction of the Class/Program must be 18 years of age or older and listed in this Section 10 below. Contractor understands that any Subcontractor will be required to complete a security clearance before the Subcontractor can assist with the Class/Program, as noted in Section 4 Security Clearance, and may be held liable for any loss or harm caused to the City or Class/Program participants. The City may immediately terminate a Class/Program if Contractor fails to list a Subcontractor. If a Contractor hires a new Subcontractor after executing this Contract, the Contractor is responsible for notifying, in writing, the Community Services Department Director, or designee. Name: Brahndo Amposta Title: Volunteer Assistant Coach Name: Joshua Pan an Title: Volunteer Assistant Coach Name: Title: 11. CLASS/PROGRAM 'E ',, AND CONTRACTOR CO PEN TI N. The Contractor shall charge fees depending on the length of the season consistent with Exhibit A for the Class/Program as noted in Exhibit B, the fee calculation sheet. This fee is calculated and established by the City and Contractor, following the City of National City User Fee Schedule. The City shall collect all Class/Prograrn registration fees through an online and in -person registration system. Contractor cannot collect Class/Program registration fees from Class/Program participants. If the Contractor seeks to adjust the fee for the Class/Program, the Community Services Director, or designee, may approve adjustments to the Class/Program at their, or designee's, sole discretion. Contractor is permitted to charge participants a materials fee to co\'er the cost of specific materials that the participant shall retain. Material fees are not included in Exhibit B, the fee calculation sheet. The Contractor must collect material fees, distribute materials, and refund material fees as necessary. lnstnictor Contract Page 3 'of 8 City of National City and Revised October 2019 Ahead of The Dare Academy, Incorporated Per the City of National City User Fee Schedule, the City shall pay Contractor ?/ (seventy percent) of all Class/Program registration fees, less refunds and credits, for the contractor's services. The City shall retain 30% (thirty percent) to cover costs including, but not limited to, administrative support, use of facilities, and publicity. Contractor shall receive one payment per season (as described in Section 4) at the conclusion of the season as per the Program Schedule. Checks will be processed and available on a day designated by the City. Checks will be available for pickup for ten 1 days at Community Services Office. Any checks not picked up by the tenth (10th) day, will be mailed to the Contractor's last known address on file with the City. 12. EVALUATION. City will conduct Contractor and Subcontractor evaluations and survey participants ants to determine whether a class may continue. Representatives of the City may, at the City's sole discretion, attend any Class/Program in order to observe and evaluate the Class/Program, Contractor, and/or Subcontractor. Success and continuation of a Class/Program will be determined City, by the , including but not limited to, evaluation of enrollment trends, y complaints and/or compliments, and Contractor's attendance and reliability. 13. PERFORMANCE OF DUTIES TO IT ' REASONABLE SATISFACTION. Contractor a that theywill erfonn, to the best of their ability and experience, all duties that agreep may be reasonably required pursuant to the express terms of this Contract. Contractor shall behave faithfully and diligently at all times. Contractor understands that City retains sole discretion to accept their actions are subject to the reasonable. satisfaction of the City. and the City retains full discretion of that satisfaction. The City may terminate this Contract if reasonable. satisfaction is not met. 14. CONTRACTOR DUTIES. Contractor certifies that they are qualified to instruct the Class/Program and instruct participants on the services described in the proposal described in Exhibit A. Contractor must notify the City, in writing and within a reasonable time, if details for the 1-ass/Program are changed in any way from the original submitted proposal. Contractor is responsible for all class curriculum development. Contractor understands that they are responsible for all supplies, materials, and equipment that are necessary for. the Class/Program, at the Contractor's sole expense. Contractor shall keep any equipment used in the instruction of the Class/Program in working condition and shall be responsible for all repairs and maintenance to that equipment. Storage for supplies, materials, and equipmentshall not be provided at a City facility and is the responsibility of the Contractor. Contractor shall restore the premises to its original condition at l y en the conclusion of the Class/Program. Contractor shall be liable for any damage to the premises, including damage caused by pollution. Contractor shall not exclude anyone from participation in Class/Program due to race, religious creed, color, national origin, ancestry, physical disability, medical condition, marital statute sex, sexual orientation, or any other impermissible basis under applicable law. Furthermore, Contractor shall not discriminate on similar grounds when hiring a Subcontractor. Instructor Contract Revised October 2019 Ahead Of The Game Academe Incorporated Page 4 of City ofNat ioual City and Contractor shall follow the requirements of the Americans with Disabilities Act in the execution of this Contract, 15. POLICIES. a. Cancellations of a Class/Program: A Class/Program may be cancelled if the minimum number of participants required to perform the Class/Program do not enroll. The minimum number of participants required for eachClass/Program is determined in Exhibit B, the fee calculation sheet. The City may, in its sole discretion, cancel a class due to low enrollment and pursuant to Exhibit B, the fee calculation sheet. The City shall be responsible for notifyingClass/Program participants of a canceled ClasProram due to low enrollment. b. Cancellation of a single class: If a class is cancelled by the City or the Contractor, the City and Contractor shall coordinate a makeup class at a suitable date, time, and location based on availability. If a class must be canceled due to a scheduling conflict, the City shall make a reasonable attempt to relocate the class. The Contractor is responsible for notifying participants of any canceled, makeup, or relocated classes.. c. Food and Beverages: Contractor is not permitted to sell food and beverages to participants. The Contractor may host end -of -season parties with food and beverages with City approval. Alcohol is not permitted. 1 6. INSURANCE. The Contractor, at its sole cost and expense, shall purchase and maintain, and shall require its Subcontractors, when applicable, to purchase and maintain throughout the termof this Contract, the following insurance policies: a.Commercial General Liability insurance, with minimum limits of either 1,000,000 per occurrence and $2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations, work, or performance under this Contract. The policy shall name the City and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "Policy". The "policy" should be noted with specificity on an endorsement that shall be incorporated into the policy. The Commercial General Liability required by this Section must include Sexual Misconduct Liability coverage with minimum limits of S1,000,000 per occurrence a.nd $2,000,000 in the aggregate. For the avoidance of doubt, the City understands that part of the coverage limits hereunder shall be satisfied by Contractor's excess umbrella policy. Contractor represents to City that its excess umbrella policy does not exclude coverage for Sexual Misconduct Liability, b. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of Contractor's employees and employers' liability insurance with limits of a.t least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Contract. c. If Contractor has no employees subject to the California Workers' Compensation and Labor laws,Contractor shall execute a Declaration to that effect. Said Declaration shall be provided to Contractor by City. Instructor Contract Page 5 of 8 City of National City and Revised October 2019 Ahead Of The Game Academy, Incorporated d. The aforesaid policies shall constitute primary insurance as to the City., its officers, officials, employees, and volunteers, so that any other policies held by the City shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the City's Risk Manager, at the address listed in subsection f below, of cancellation or material change. e. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the Contractor shall maintain such insurance coverage for three years after expiration of the term and any extensions) of this Contract. In addition, the "retro" date must be. on or before the date of this Contract. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 g. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A: II according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be .included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. h. This Contract shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the City's. na er. If the Contractor does not keep all insurance policies required by this Section in Risk a p p full force and effect at all times during the term of this Contract, the City may treat the failure to maintain the requisite insurance as a breach of this Contract and terminate the Contract as provided herein. i, All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved b y the City.City reserves the right to modify the insurance requirements of this pl? y Section, including limits, based on the nature ofthe risk, prior experience, insurer, coverage, or other special circumstances. j . If the Contractor maintains broader coverage or higher limits (or both) than the minimum limits shown above, the City shall be entitled to the broader coverage or higher limits (or both) maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 17. INDEMNIFICATION & HOLD HARMLESS. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claim, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by Instructor Contract Revised October 2019 Page 6 of City of National City and Ahead of The Game Academy, ItIcorporated anyone whomsoever, resulting from or arising out of the Contractor's performance of this Contract; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, employees or volunteers. City will cooperate reasonably in the defense of any action, and Contractor shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Contract for any alleged or actual omission, act, or negligence under this Contract that occurred during the term of this Contract. 18. GOVERNING LAWS This Contract shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Contract shall be in either state or federal court in the County of San Diego, State of California. 19. RIGHT TO INSPECT & OBSERVE. City representatives may observe the Class/Program and also inspect the premisesrn of the Class/Program at all times during the term of this Contract to verify that Contractor complies with the terns and conditions of this Contract. 20. ENTIRE AGREEMENT. This Contract supersedes any prior agreements, negotiations and communications oral or written, andcontains the entire agreement between the Parties as to. the subject utter hereof. o subsequent agreement,: representation, or promise made by either Party thereto or b or to an employee, officer, agent or representative of any Party hereto shall be of any effect unless it is in writing and executed by the Party to be bound thereby. [Signature page to follow.] Instructor Contract Page 7 of 8 City of National City and Revised October 2019Ahead of The Game Academy, Incorporated IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date and year first above written, CITY OF . NATIONAL CITY By: Benjamin Martic , APPROVED OVE TO FORM: Barry J. Schultz City Attol By: City Manager Ahead Of The Game Academy dem Inc. (Co paratiwi - signatures of two corporate officers required) By: (1'[am e) S4-er--' r (Prin t) 60(100r? 4c 0 (Title) By: (Na ai r\jt' Vi)���clfs (Print) orre- (Title) Instructor Contract Page 8 of 8 City of National City and Revised October 2019 Ahead 01 The Game Academy, Incorporated Exhibit A Program Proposal The City of National City Community Service Department program proposal for youth and adults in leisure enrichment, fitness, sports and adapted activities. All staff/contract instructors must complete the following information before implementing any program: Instructor's Name: ��darino c3unrrnro Phone: (sy fl) Ehois-1306$ E-mail: ibd rloofl►-Ib r rr Pol o.., d. var, Class/Program/Camp Name: Season: 131ru1 IQ lIclorloita !-l!r ri 1c► 7Vf4mxloarian. Year: Description of proposed class activity(for multiple class descriptions submit a separate attachment) B�aa rti. _ I at!1 1 I=c.IJ,cIm. rle'g•-r Class/camp size (# f participants): Minimum Maximum Age Group: Multiple sessions (yes or no)? Yam , If yes, fill out box below. Space equipment requirements: (Le. classroom, tables, seating, etc.) - - -- -- — - - -- - Class title I Days T Age Group Location ciFFINI Aa.ah+ll.a. 1 I T. Ti-1 ......_.._ e_ao-©:ao . ..._ 8-12 TgYsrn 43FHINdl Afi 4a CI Cl4Cli mlal. 11 T. TFI I £3i30-a]00 7 €+ uFllp11Yi {aI3F3rq.arscf iFI114.4 COMPf fVY (.a.0all li an raqulraci) T, TH T;BO-P; aP 12-+ tarl I.€. a Eilryi?rr3Y.741 i 1 4 Preferred day(s): Preferred times): i.EL Proposed fee (per class/session): $ 9a Location: Class/camp session length (i.e., 6 weeks:.. End of season presentation (yes or no)? CIel Contractor must submit Class/Program details such s dates, days, times, ages, and description by the 2021 seasonal calendar deadline (please see contract instructor calendar). Any Class/Program that does not meet the deadlines may be cancelled.------- • Contractor understands that the detailed written proposal, which describes the services that the Coritractoriplans to provide, ("Class/Program") must be approved by the City. The Contractor understands that they may only engage in the activities as set forth in Contractors' proposal, those of which are previously approved, and may only perform other duties that are customarily performed by a Contractor in the same or a similar business. If Contractor seeps to adjust the Class Program, the Community Services Department nt Director, or designee, may approve adjustments to the Class/Program at their, or designee's, sole discretion. Sign Please attach marketing templates, purchase list, inventory, and agenda for the full session Date 2 Contractor Class Fee Calculation Sheet CIa ss Name (Residents): Folklorico Contract Period: 0 _ 2025 Only complete blue highlighted sections Class Information Minimum Age Minimum Participants Meetings Length of Meeting (in hours) Is the Class held inside a facility? Yes=1, No=0 Total Program Hours City Cost Factors Registration ($40 per season) Onsite Staff ($6 per hour) Outdoor Facility Fee ($5 per hour) Indoor Facility Fee ($10 per hour) National City Guide ($20 per issue) Revenue 'egiretn is Recovery Level (40% Youth, 40% Adult) Minimum Recovery (40% of Total City Costs) Smallest fee that can be charged to meet recovery AssIned Fee Information Fee Assigned Revenue at this fee with minimum enrollment City 30% Portion (roust be greater than Minimum Recovery) Instructor 70% Portion Exhibit B 5 0 26 1.0 1.0 Total City Costs $ 26 40.00 156.00 FALSE 260.00 20.00 476.00 40% 199 .40J 31.70 � 60.00 $ 1 200.00 $ 360.00 840.00 4/04 2/14/2024 Exhibit B Class Name ('non-residents): F�lklorico Contract Period: 2024 - 2025 Only complete blue highlighted sections Class Information Minimum Age Minimum Participants Meetings Length of Meeting (in hours) is the Class held inside a facility? Yes=1, No=0 Total Program Hours City Cost Factors Registration ($40 per season) Onsite Staff (56 per hour) Outdoor Facility Fee ($5 per hour) Indoor Facility Fee ($10 per hour) National City Guide ($20 per issue) Total City Costs Revenue Requirements Recovery r Level (70% Youth, 70% Adult) Minimum Recovery (70% of Total City Costs) Smallest fee that can be charged to meet recovery Ass,qned Fee Information Fee Assigned Revenue at this fee with minimum enrollment City 0% Portion (must be greater than Minimum Recovery) Instructor 70% Portion 5 20 26 1.0 1.0 26 40.00 16.00 FALSE 260,00 20.00 476.00 70% 333.20 $ 55.53 84.00 1,6 0.00 504.00 1,176.00