HomeMy WebLinkAbout2023 CON Instructor Contract Federico Guerrero - Recreational ActivitiesINSTRUCTOR CONTRACT
This Instructor Contract ("Contract") is entered into on this 2 1 2 2 , between, Federico
Guerrero, 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 touse 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 X UTIOI OF CONTRACT. Contractor
understands that the detailed written proposal, submitted on 1 1 2020, 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 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 rogram Schedule"). Each
season shall be approximately 1 (ten) weeks long, with a 3 (three) week break between seasons.
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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 time names
than the Program Schedule, the Community Services Department Director, r, 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,an online and in -person registration
� refunds, and credits through
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, i cluding
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 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 Ntion l City and
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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 reutation 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): El Toyon Recreation Center, 2005 E 4th St., 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 21112023 and terminates on
1 1 202 . 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: Mayra Del Rio Title: Substitute Instructor
Name: Rosemary Quijas Title: Substitute Instructor
Name: Alexis Banera Title: Substitute Instructor
Name: Jackie Alvarez Title: Substitute Instructor
11. CLASS/PROGRAM FEES AND CONTRACTOR COMPENSATION. SATION. The
Contractor shall charge $60 Residents Non -Residents for the Class/Program as noted in
Exhibit , 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
Instructor Contract Page 3 of 8 City of National City and
Revised October 2019 Federico Guerrero
calculation sheet. The Contractor must collect material fees, distribute materials, and refund
material fees as necessary.
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
ExhibitA. 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 bpollution,
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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City of National City and
Revised ised ctober 2019 Federico Guerrero
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: 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 f 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 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 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 `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
Instructor Contract Page 5 of 8 City of National City and
Revised October 2019 Federico Guerrero
limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a, waiver
of subrogation .in favor ofthe City, Said endorsement shall be provided prior to m n r nt
of work under this Contract.
, 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 0 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
c/o Risk Manager
1243 National City Boulevard
National City, CA 1 - 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 :VII 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 "L SLI" 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
i-isk 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 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 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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City of National City and
Revised October 2019 Federico Guerrero
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 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 Class/Program at all times during the term of
this Contract to verify that Contractor complies with the tcrrrrs 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 follow.]
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City of National City and
Revised October 2019 Federico Guerrero
IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date and
year first above written.
CITY OF NATIONAL ] AL CIT'
By:
Brad Raulston, City Manager
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
[Federico Guerrero]
(Corporation — signatures of two corporate officers required)
By:
(Name)
Fecker i c u
(Print)
By:
Di ifr-e.
Lk2
(Title)
(Name)
(Print)
(Title)
Instructor Contract Page 8 of 8 City of National City and
Revised October 2019 Federico Guerrero
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SECTION I:
Submitters Name:
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Date received City Attorney's office:
TIME SENS IT IV F .' If so, required Date:
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Is a Certified Copy Required
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Date Submitted: 2/14/23
Who's Attention?
ITDoes this document or any of its attachments required to be recorded wit County Reco�deT-
If yes, who will be responsible ► • recording?Department City Clerk's Office
LiResolution ri Ordinanceri Map
Li
Agreement/Contract/MOUsiAmendments(Must be signed by ContractorNendor before Submittal toCAO)
**If sending to Outside Agency for Signature (Department is responsible for obtaining Signatures)
Agreement Requires City Council Action?
Does Agreement ment Require Notary? If yes, make arrangements with Deputy City Clerk.
Additional Instructions to assist with final processing:
SECTION II:
ONCE PROCESSED: SIGN, , DATE AND FORWARD TO THE NEXT ON LIST: (If signature will be delayed please alert
Deputy City Clerk) Documents should be signed within one 1 day of receipt due to time -sensitivity of these documents.
CITY ATTORNEY — Sign and Date (Approved as to Form can be obtained prior to City Council
Meeting) Forward to the Mayor prior to start of the City Council Meeting.
MAYOR — Sign and Date (Admin can initial here) (Make sure all signatures are complete and if the
Resolution is approving a Contract/Agreement it should also be included for signatures. If not, please
contact City Attorneys Office) Forward to the City Manager if applicable (see below) or deliver to
the Deputy City Clerk.
CITY MANAGER — Sign and Date if applicable. If Contract/Agreement require City Manager
signature — obtain followingCity Council Meeting and forward to Mayor's Office to be included with
Signed Resolution. This should be completed Wednesday morning following City Council Meeting.
Forward to the Mayor or deliver to the Deputy, City Clerk if Mayor Signature not required.
ADDITIONAL NAL DIRECTION:
For Mayor Signature — Provide documents to the Nilayor at or immediately following Council Meeting for signature following
the adoption of items. If item needs amending or was continued it will be left in folder unsigned.. Confirm action on Recap
provided by Deputy City Clerk following the meeting to make sure a signature wasn't just missed. If so obtain as soon as possible.
Follow-up with City Attorney for Amendment. Let Deputy City Clerk know status and timeline for processing amendment.
Deliver to City Clerk (Should be no later than the Thursday following Tuesday Meeting unless being amended by City Attorney.
If being amended send the other resolutions to City Clerk — please do not hold them)
Date Delivered to the Deputy City Clerk: SubmitLcd By:
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RE OLUTION/ RD!NANCE/AGREEMENTTR, TRANSMITTAL FORM I September2021