HomeMy WebLinkAbout2023 CON Margarita Hernandez Instructor Contract - Recreational Services+� CALIFORNIA
INSTRUCTOR CONTRACT
This Instructor Contract ("Contract") is entered into on this 1/2/2023, between, Margarita
Hernandez, 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 represents that it is trained and experienced in providing instruction
and guidance on the activity that is the subject of the Contractors 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 ITTE PROPOSAL PRIOR TO EXECUTION OF CONTRACT. Contractor
understands that the detailed written proposal. submitted on November 8, 2022 and attached as
Exhibit A, which describes the services that the Contractor plans to provide ("Class/Program")
has been approved by the City and is incorporated as a part of this Contract as Exhibit A. The
Contractor understands that the City has full discretion whether to approve, modify or deny the
Contractors' written proposal. The Contractor under -stands that the Contractor may only engage
in the activities as set forth in Contractors' proposal, those of which are previously approved, and
lira y 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. SEO HEDULE. 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.
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Contractors shalt 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 artment 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 ANDPUBLICITY. The City shall collectand 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. Alt other
administrative duties are the responsibility of the Contractor.
The City shall provide publicity for the Class/Program through 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/ roglram or perform during City special events.
6. SECURITY CLEARANCE. Contractor, and any other individuals, includintz
volunteers, who assist Contractor in teaching the Class/Prograrn (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 CONT'RMTO . 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 ofthe rights, benefits* or privileges ofthe
City's employees, including but not limited to retirement, medical. unemployment, or workers'
compensation insurance.
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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
location(s): El Toyon Recreation Center — 2005 E. Fourth St. National City, CA 1 . The
Contractor understands that the location(s) of sery ices 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 N"\ ith the City in relocating the planned
Class/Program if a conflict in location arises. The Contractor is responsible l-or 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. Ifa
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 Warne] Title: [insert title]
Name: [insert name] Title: [insert title]
1 1. CLASS/PROGRANI FEES AND CONTRACTOR COMPS S TION. The
Contractor shall charge per -day 0 monthly for residents, and per-day/$22 monthly 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 ofNational 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 lass/Progr•arn, 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
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calculation sheet. The Contractor- must collect material feesdistribute materials, and refund
material fees as necessary.
Per the City ofNational City User Fee Schedule, the City shall pay Contractor 0
(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 (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. TION. 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, ram, Contractor, and/Or Subcontractor. Success and continuation ofa 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 NI lability.
13. PERFORMANCE F DUTIES To CITY'S CITY'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.
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Furthermore, Contractor shall not discriminate on similar grounds when hiring a Subcontractor.
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: Class/Program may be cancelled if the
minimum number of participants required to perform the Class/Program do not enroll. The
m i n i m u 1i number of participants required for each. Class/Program is determined ned 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 i.s 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 ister for a
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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 ants shall receive a credit to the
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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 evra': 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 term of this Contract, the following insurance policies:
a. Commercial General Liability Insurance, with minimum limits of either
1,000,0 0 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 roust
apply solely to this "project" or "location". The -project" or `location', should be rioted 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 ofthe coverage limits hereunder shall be
satisfied by Contractor's excess umbrella policy. Contractor represents to Cite 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
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limits of at 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.
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. er. 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 shallmaintain such insurance coverage for three years after
expiration of the term (and any extensions) of this Contract. in addition, the '4retro" 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 91950-4397
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 ,:WI 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
Risk Manager. If the Contractor does not keep all insurance policies required by thisSection in
full force and effect at all times during the terra 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.
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.
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.
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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. JUGHT TO INSPECT & OBSERVE. VE. 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 of this Contract,
20. ENTIRE AGREEMENT. EI' T. 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.]
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IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date and
year first above written,
CITY OF NATIONAL CITY
By:
Brad aI.tston, City Manager
APPROV _ ' .AS TO FORM:
Barry J. Sc
Instructor Contract
City Attorney
Margarita Hernandez
(Corporation —signatures of two corporate officers required)
By:
(Name)
Q c..v yel e r
(Title)
By:
(Name)
Page 8 of 8
(Print)
(Title)
City of National City and
Revised October 2019 Margarita Hernandez
WI WITNESS WHEREOF. the Parties hereto have executed this Contract on the date and
year first above written.
CITY OF NATIONAL CITY
By:
Brad Rauiston. City Manager
APPROVED AS TO FORM:
Barry J . Schultz. City .tt rney
Instructor Contract
Margarita Hernandez
-(Corporation — signatiires o tiro corporate officers required)
By:
(Name)
(Pint)
(Title)
By:
(Warne)
(Print)
(Title)
City of National City and
Revised October 2019 Margarita, Hernandez
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