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HomeMy WebLinkAbout2022 CON Jose Vargas - Instructor Contract - Self-Defense Classesr Ara<61 t , "it INSTRUCTOR CONTRACT This Instructor Contract ("Contract") is entered into on this 10, between, Jose Vargas, an individual, 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 "Party" or collectively as "Parties." 1. 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. . 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_ I PROPOSAL PRIOR TO EXECUTION of CONTRACT. Contractor understands that the detailed written proposal, submitted on 10/23/2021, 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 deny 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 rogram at their, or designee's, sole discretion. . 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 10 (ten) weeks long, with a 3 (three) week break between seasons. Instructor Contract Page 1 of City of National City and Revised October 2019 Jose Vargas Contractors shall offer the Class/Program during the 10 (ten) week season and adhere to each (three) week break. If Contractor seeks to offer the Class/Program during different timeframes 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 Class/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 a security 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 a Contractor or 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 ClassfProgram. 7. INDEPENDENT CO TRACT. 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 and Revised October 2019 Jose Vargas 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. All 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 location(s): MLK Community Center, 140 E. 12"' Street, National City, CA 91950. 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 1 and terminates on 5/15/2023. 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: [insert name] Title: [insert title] Name: [insert name] Title: [insert title] Name: [insert name] Title: [insert title] 11. CLASS/PROGRAM FEES AND CONTRACTOR ACTO COMPENSATION. . The Contractor shall charge $120 esidents $1 Non -Residents 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/Program registration fees through an online and in -person registration system. Contractors 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 cover 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. Instructor Contract Page 3 of City of National City and Revised October 2019 Jose Vargas Per the City of National City User Fee Schedule, the City shall pay Contractor 70% (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 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 (10) 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 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 by the City, including but not limited to, evaluation of enrollment trends, complaints and/or compliments, and Contractor's attendance and reliability. 13. PERFORMANCE OF DUTIES TO CITY'S REASONABLE SATISFACTION. Contractor agree that they will perform, to the best of their ability and experience, all duties that 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 Class/Program are changed in anyway, 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 equipment shall not be provided at a City facility and is the responsibility of the Contractor. Contractor shall restore the premises to its original condition at 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 Page 4 of 8 City of National City and Revised October 2019 Jose Vargas Contractor shall follow the requirements ofthe Americans with Disabilities Act in the execution of this Contract. 15. POLICIES. a. Cancellations of a Class/Program: A Class/Program may be an ll l if the minimum number ofparticipants required to perform the Class/Program do not enroll. The minimum number of participants required for each Class/Program rogram 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 notifying Class/Program participants ofa canceled Class/Program 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.Refunds: Refunds may be issued in rare circumstances. In most cases, participants shall receive a credit to the participant's account for future use to register for a Class/Program. If a Class/Program is cancelled by either the City or Contractor for an indefinite time the City shall notify Class/Program participants and participants shall receive a credit to the participant's account for future use to register for a Class/Program. Contractor does not receive payment from the City for participants that request refunds andlor credits. d. 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. 16. 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 term of this Contract, the following insurance policies: a. Commercial General Liability Insurance, with minimum limits ofeither $1,000,000per 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 "project" or "location". The "project" or "location" 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 $250,000 per occurrence and $250,000 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 at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver Instructor Contract Page 5 of City of National City and Revised October 2019 Jose Vargas 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. . 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 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. f. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City co Risk Manager 1243 National City Boulevard National City, CA 919 5 0 - 9 7 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 :VIH according to the current Nest'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 tiled with and approved by the City's Risk Manager. If the Contractor does not keep all insurance policies required by this Section in full force and effect at all times during the term ofthis 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 by the City. City reserves the right to modify the insurance requirements of this Section, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 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. instructor Contract Page 6 of 8 City of National City and Revised October 2019 Jose Vargas 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 claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the Contractor negligent 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 L.W. 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 premises of the Class Program at all times during the term of this Contract to verify that Contractor complies with the terms and conditions ofthis Contract. 20. ENTIRE AGREEMENT. This Contract supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the Parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either Party hereto, or by 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 City of Ntional City and Revised October 2019 Jose Vargas IN WITNESS WHEREOF, F, the Parties hereto have executed this Contract on the date and year first above written CITY OF NATIONAL CITY By: Brad Raulston, City Manager APPROVED AS TO FORM: Charles E. Bell, Jr. City Attorney B. C73.2-11,, Charles E. Bell, Jr. City Attorney [Jose Vargas] (Corporation — signatures es of ,t •o corporate officers required) By: (Name) Instnuctor Contract Page 8 of 8 City of National City and Revised October 2019 Jose Vargas IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date and year first above written. CITY OF NATIONAL CITY B aulston, _ it ` Manager APPROVED TO FORM: Charles E. Bell, Jr. City Attorney By: Charles E. Bell, .fir. City Attorney [Jose Vargas] (Corporation — signatures of two corporate officers required) B. By: (Name) (Pith t) (Title) Instructor Contract Page 8 of City of National City and Revised October 2019 Jose Vargas EVANSTON INSURANCE COMPANY CERTIFICATE NO.: 6377-94347961423374 CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM PRODUCER PUBLIC ENTITY (ADDITIONAL INSURED) - Alliant Insurance Services, Inc. in conjunction with City Of National City Apex Insurance Services P. O. Box 5 Newport Beach, CA 92658 License No: OC 1 NAMED INSURED (EVENT HOLDER): : EVENT INFORMATION: Jose Vargas TYPE: Self Defense 3420 Vista Ln DATE(S): : 0/ 1 0 - 0 /22/20 3 San Y I d r CA 2173 LOCATION: d1LK, Casad• Sau,ef Kanbal Recreate', Center, Carriaeho Recreation Center and Sealer Ca *Liquor Liability Yes CI No 0 **Liquor Liability after 12 am ends before 2 am This is to certify that the insurance policy listed below has been issued to the above insured named (event holder) for the policy period indicated. The insurance described herein is subject to all the terms, exclusions and conditions ofsuch p li y(i s) unless amended as described in Special Conditions. INSURANCE CARRIER: Evanston Insurance Company MASTER POLICY NUMBER: MASTER POLICY DATES: EFFECTIVE: January 01, 2022 EXPIRATION: January 01, 2023 COMMERCIAL GENERAL LIABILITY General ' OCCURRENCE FORM DEDUCTIBLE: NONE Aggregate Limit 2,000,000 Products & Completed Operations 1,000,000 ! ' SPECIAL CONDITIONS; ; Personal & Advertising Injury 1,000,000 The following endorsements attached to Each Occurrence Limit 1,000,000 the Master Policy do not apply to this Damage To Premises Rented To You (Any One Premises) 100,000 Certificate Of Insurance: Medical Payments (Any One Person) 5,000 :MEGL1643 Liquor Liability (If purchased) 1,000,000 Optional Limits Purchased , 0, 0 1 '1,000,000/ a 2,000, 00 4, 0 ,00 I Property Damage (If purchased) No Property Damage Coverage The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been issued for that event_ OTHER ADDITIONAL INSUREDS CANCELLATION: Should the above described policy be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. AUTHORIZED REPRESENTATIVE: DATE ISSUED: 02/02/2022 cALIFORNI A NATIONAL 1 Exhibit A 'NCO RPM. ATV' 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: Jose Vargas Phone: 61' -770- 7 0 E-mail: josevargas780@grnaiL orr Class/Program/Camp Name: Self defense Level 1 Season: Winter Year: 2021 - 2022 Description of proposed class/activity(for multiple class descriptions submit a separate attachment) This course will cover, for one hour the fundam t is cif # rav Ivla a self defense') Induces fi stance. weak spots, elbow strikes, roundhousekicl s, roinki kicks takedowns straic ht unches and much more. Class, carp size (At of participants): Minimum 2 Maximum 20 Age Group: _ 18 and up Multiple sessions (yes or no)? If yes, fill out box below. Space/equipment requirements: (Le. classroom, tables, seating, etc.) Floor mats for Ji fitsu Class title Days Time Age Group Location Self Defense 'ense Level 1 l'ue, Thur, and Sat 10am 18 and up 140 E 120th Street Preferred day(s): Preferred time(s): Proposed fee (per class/session): $120.00 Location: Gym or park Class/camp session length (i.e., 6 weeks): 3 months End of season presentation (yes or no)? Na Contractor must submit Class/Program details such as 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 Contractor plans 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 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. Sign Pose attach marketing templates, purchase list, inventory, and agenda for the full session Date 10/ / o 1 Contractor Class Fee Calculation Sheet Exhibit B Class Name (Residents) Self -Defense Contract Period: Summer 2022 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) Total City Costs Revenue Requirements Recovery Level (40% Youth, 40% Adult) Minimum Recovery (40% of Total City Costs) Smallest fee that can be charged to meet recovery Assigned Fee Information Fee Assigned Revenue at this fee with minimum enrollment City 30% Portion (must be greater than Minimum Recovery) Instructor 70% Portion 18 15 26 1.0 1.0 26 40.00 156.00 FALSE 260.00 20.00 476.00 40% 190.40 31 120.00 1,800.00 540.00 1,26 0 4/04 2/15/2022 Exhibit B Class Name (non-residents): Self -Defense Contract Period: Summer 2022 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, Na=O Total Program Hours City host 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 Requirements Recovery Level (70% Youth, 70% Adult) Minimum Recovery (70% of Total City Costs) Smallest fee that can be charged to meet recovery Assigned Fee Information Fee Assigned Revenue at this fee with minimum enrollment City 30% Portion (must be greater than Minimum Recovery) Instructor 70% Portion 18 15 26 1.0 10 Total City Costs $ 26 40.00 150.00 FALSE 260.00 20.00 476.00 70% 333.20 74.04 $ 140.00 $ 2,1 Q0.00 $ 630.00 $ 1,470.00