HomeMy WebLinkAboutAhead of the Game Academy Inc. - Recreational Programs - 2022INSTRUCTOR CONTRACT
This Instructor Contract ("Contract") is entered into on this 1 1 o 2, between, Ahead Of The
Game Academy, an incorporation, 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?'
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 OCONTRACTOR. 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 , 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 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 1.0 (ten) weeks long, with a 3 (three) week break between seasons.
Instructor Contract
Revised October 2019
Page 1 . of
City of National City and
Ahead Of The Gatne Academy, Inc.
Contractors shall offer the Class/Program during the 1 (ten) week season and adhere to each
(three) week break. If Contractor seeks to offer the Class/Program during different time names
than the Program Schedule, the Connnunity 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.
54 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.
. ME, .1.,LRaDr. 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
Class/Program.
7. INDEPENDENT CONTRACTOR. In the performance of this Contract, both Parties
will be acting i.n 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 Ahead o1` The Game Academy, Inc,
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. NAT!LRE/PLACE OF SERVICE. Contractor will provide services at the following
location(s): 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 2, 2023 and terminates on
January 2, 2024. 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, inwriting, the Community Services Department Director, or designee.
Name: [Brahiido Ampostal Title: [Volunteer Assistant Coach]
Name: [Joshua Pangan] Title: [Volunteer Assistant Coach]
Name: [insert name] Title: [insert title]
11. CLASS/PROGRAM FEES AND CONTRACTOR COMPENSATION. The
Contractor shall charge a fee 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 8 City of National City and
Revised October 2019 Ahead Of The Game Academy, Inc,
Per the City of National City User Fee Schedule, the City shall pay Contractor 70%
(seventy percent) of all Class/Program rrogram 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 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 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 201 Ahead Of The Game Academy, Inc.
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 each Class/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
notifying Class/Program participants of a 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 and/or credits.
d. Food and.vg: 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 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 $1,000,000
per occurrence and $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 at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver
Instructor Contract Page 5 of City of Natio City and
Revised October 2019 Ahead Of The Game Academy, Inc.
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 inthe 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 LAW. 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 lass Program. at all times during the term of
this Contract to verify that Contractor complies with the terms and conditions of this 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 fallow.]
Instructor Contract Page 7 of 8 City of National City and
Revised October 2019 Ahead Of The Game Academy, Inc.
IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date and
year first above written.
CITY OF NATIONAL CITY
By:
Bra ' a gin, City Manager
APPROVED AS TO FORM:
Barry J. Schultz Interim City Attorney
By 0,14.7, cidar
Ahead Of The Game Academy, Inc.
(Cor,00ration— sigrictiares of two corporate officers required)
By:
(Name)
LZSit( 5• vvirlo
(Print)
(Title)
Jcsbc 0)19W\
(Print)
SQ.dCir G19
(Title)
Instructor Contract Page 8 of 8 City of National. City and
Revised October 2019 Ahead Of The Game Academy, Inc.
Exhibit
Program Proposal
The City of National City Communit ervice 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 nting any program:
Instructor's Name: Lester Mayo
Phone:
(619)259-4028
Class/Program/Camp Name:
Season: Winter Year: 2022
-mail:
aotgame.org@gmail.com
Ahead Of The Game Academy Inc.
Description of proposed class a ti it (for multiple class descriptions submit a separate attachment)
Class/carp size (# of participants): Minimum. -_1.0 Mlair um 20 Age Group: 4 years old to.. years old
Multiple sessions (yes or no)? Yes . If yes, fill out box below.
Space/equipment requirements: (i.e. classroom, tables, seating, etc.)
Gym and or field
Class title
Days s
Time
Age Group
Location
Beginnpp___ ---- .
Monday and Wednesdays
5:45 PM - 7:15 P
years old
a ho Rec. Center
11 & Under
Mondays and Wednesdays
7:15 PM 8:45 PM
8 - 11 years old
amacho Rec. Center
14 & Under
Tuesdays and Thursdays
5:45 PM - 7:15 PM
1 1 - 1 4lears old
:
amaehe Rec. Center
17 & Under
Tuesdays and Thursdays
7:15 PM - 8:45 PM
1 - 17 years old
Camacho Rec. Center
Preferred day(s):
Weekday evenings
Proposed fee (perclass/session): xation:
Preferred time ):
National City
Evenin
Non Residents : 6 Wks ($150.00), 8 Wks ($200.00), 10 Wks ($ 0,00)
Class/camp session length (Le., 6 weeks):Residents ; 0 Wks ($100,00), 8 Wks ($1 0.00), 10 Wits ( 00.00)
End of season presentation (yes or no)? Yes, we would like thave banquet fr recognitionofachievement
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, (uClass/ProgramP) 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.
Please attach marketing templates, purchase list, inventory, and agenda for the full session
Sign
Date 5/29/2022
Contractor Class
Fee Calculation Sheet
Class Name (Residents): Ahead Of The Game Academy Inc.
Contract Period: 2023
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 (SLO per season)
Onsite Staff ($6 per hour)
Outdoor Facility Fee ($5 per hour)
Indoor Facility Fee WO per hour)
National City Guide ($20 per issue)
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
ot•
4
20
20
1.0
1.0
Total City Costs $
20
40.00
120.00
FALSE
200.00
20.00
380.00
40%
152.00
25.33
a
200.00
$ 4,000.00
$ 2,800.00
1,200.00
10/25/2022
Glass Name Ahead Of The Game Academy Inc. (nonresidents):
Contract Period: 2023
Only complete blue highlighted sections
Class In for a t on
Minimum Age
Minimum Participants
Meetings
Length of Meeting (in hours)
Is the Class held inside a facility? Yes=1, No=0
Total Program Hours
0
20
20
10
1
20
Cit Cost Factors
Registration ($40 per season) $ 40.00
Onsite Staff ($6 per hour) $ 120.00
Outdoor Facility Fee ($5 per hour) FALSE
Indoor Facility Fee (S10 per hour) $ 200.00
National City Guide ($20 per issue) $ 20.00
Total City Costs $ 380.00
Revenue Requirements
Recovery Level (70% Youth, 70% Adult)
Minimum Recovery (70% of Total City Costs)
Smallest fee that can be charged to meet recovery
Assiqned Fee Information
Fee Assigned
Revenue at this fee with minimum enrollment
City 30% Portion (must be greater than Minimum Recovery)
Instructor 70% Portion
70%
$ 266.00
$ 44.33
$ 250.00
,000.00
1,500.00
3,500.00