HomeMy WebLinkAboutItem 4.4 - 1755 Recreational Contract Instructor Service Ag
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STAFF REPORT
CITY COUNCIL
DATE: January 9, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Approval of Recreational Instructor Agreements
Prepared by: Andrew Freeman Jr., Business Services Manager
EXECUTIVE SUMMARY:
The City Council will consider approval of Contract Instructor Service Agreements for
recreational services for gymnastics, sport activities and camps, soccer and tennis that
will likely exceed the City Manager’s contract authority of $45,000.
STAFF RECOMMENDATION:
Adopt the Resolution Approving Contract Instructor Services Agreements with Akshay
Arora dba Arora Tennis, Edge Gymnastics, Northern American Youth Activities LLC dba
Kidz Love Soccer and Make Me a Pro Sports (sport activities and camps).
FINANCIAL IMPACT:
At the end of the contract period, it is forecasted revenues generated by these activities
will exceed expenditure amounts.
DESCRIPTION:
The City's Parks and Community Services Department contracts for certain recreational
programming to meet the needs of the community. These proposals are reviewed by
Staff to determine if the activity meets the Department’s mission and goals. Accepted
proposals are then reviewed by PCS for facility suitability, availa bility, costs and fee
structure. Selected instructors set the prices for activities.
In most instances, payments to these contractors do not exceed the City Manager's
signing authority annually. However, there are a handful of contracts where it is
anticipated that the payments to the contractor will be in excess of $45,000. In these
instances, the City Council must approve the contracts.
Following is a summary of those contracts. The term of these agreements shall end on
December 31, 2018. Contract terms for these recreational agreements will support
services scheduled for the Fall, Winter, Spring and Summer. The City and Instructor
will each receive a percentage of revenue based on the terms of the agreement.
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Contract services from each instructor are described in the attached agreements.
Akshay Arora dba Arora Tennis: provide tennis classes, camps, activities and
private tennis lessons. The City agrees to pay instructor 80% of the resident rate
for each private lesson participant and 60% of the resident rate for each group
lesson participant.
Edge Gymnastics: provide gymnastics classes, camps and activities. The City
agrees to pay instructor 70% of the resident rate for each participant.
Northern American Youth Activities LLC dba Kidz Love Soccer: provide soccer
classes and activities. The City agrees to pay instructor 60% of the resident rate
for each participant.
Make Me a Pro Sports: provide basketball, cheerleading, sport classes and
activities. The City agrees to pay instructor 60% of the resident rate for each
participant.
Three of the four agreements have already been executed by the Parks and Community
Services Director with an effective date of September 1, 2017, while the fourth
agreement (Akshay Arora dba Arora Tennis) has an effective date of January 2018.
However, upon further review of future recreation programming, it is anticipated that
these three already-executed agreements will exceed the City Manager's authority of
$45,000 and require City Council approval to be in compliance with the City's
Purchasing Policy.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The instructor contracts have been shared with the instructors.
ATTACHMENTS:
1. Resolution Approving Contract Instructor Services Agreements with Akshay DBA
Arora Tennis, Edge Gymnastics, Kidz Love Soccer and Make Me a Pro Sports
2. Exhibit A to the Resolution - Akshay Arora Contractor Instructor Agreement
3. Exhibit B to the Resolution - Edge Gymnastics Contract Instructor Agreement
4. Exhibit C to the Resolution - Make Me a Pro Sports Contract Instructor Agreement
5. Exhibit D to the Resolution - Kidz Love Soccer Contract Instructor Agreement
RESOLUTION NO. XX - 18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING CONTRACT INSTRUCTOR SERVICES AGREEMENTS WITH AKSHAY
ARORA DBA ARORA TENNIS, EDGE GYMNASTICS, KIDZ LOVE SOCCER AND
MAKE ME A PRO SPORTS
WHEREAS, the Parks and Community Services Department receives and approves
proposals from independent contractors who are interested in providing recreational
activities or programs to the Dublin community; and
WHEREAS, Staff has reviewed and accepted proposa l to provide recreational
services; and
WHEREAS, the City has accepted proposals from Akshay Arora (tennis), Edge
Gymnastics (gymnastics), Kidz Love Soccer (soccer) and Make Me a Pro Sports (sport
activities and camps); and
WHEREAS, three of the four agreements (Edge Gymnastics, Kidz Love Soccer and
Make Me a Pro Sports) were executed by Parks and Community Services Director on
September 1, 2017; and
WHEREAS, upon further review of the planned upcoming recreation programming, it
is anticipated that the expenditures relating to these agreements will exceed $45,000 per
contract, requiring City Council approval; and
WHEREAS, the contract instructor agreement with Akshay Arora tennis will exceed
the $45,000 authority of the City Manager and has not been e xecuted by the Parks and
Community Services Director.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin hereby approves the agreements with Akshay Arora, Edge Gymnastics, Kidz
Love Soccer, and Make Me a Pro Sports attached as hereto as Exhibits A-D.
BE IT FURTHER RESOLVED that the City Manager or designee is authorized to
execute the agreements.
PASSED, APPROVED AND ADOPTED this 9th day of January 2018, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
Agreement for Contract Instructor Services
AGREEMENT FOR CONTRACT INSTRUCTOR SERVICES
Akshay Arora, Arora Tennis & Fitness
This Agreement for Contract Instructor Services (“Agreement”) is made and entered into as of
January ______ 2018 by and between the City of Dublin, a municipal corporation of the State of California
("City") and Akshay Arora Tennis and Fitness (“Instructor”), together (the “Parties”) in Dublin, California. In
consideration of their mutual covenants, the Parties hereto agree as follows:
1. Scope of Work. Subject to the terms and conditions of this Agreement, Instructor shall provide
tennis classes, camps, activities and private tennis lessons.
2. Location of Work. Subject to the terms and conditions of this Agreement, Instructor will
provide services and/or class instruction (check one box):
Offsite: At his/her/their own facility, located off-premises from any City-owned facility
located at .
(Street, City, Zip Code)
Onsite: At a City-owned facility.
3. Independent Contractor. At all times during the term of this Agreement, Instructor, and
any of its employees, subcontractors, volunteers, and agents shall be independent contractors and not
employees or agents of the City. Instructor and any of its employees, subcontractors, volunteers, and agents
shall have no authority, express or implied, to bind the City to any obligation whatsoever. Notwithstanding any
other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Instructor and any of its
employees, subcontractors, volunteers, and agents providing services under this Agreement shall not qualify for
or become entitled to, and hereby agree to waive any and all claims to, any com pensation, benefit, or any
incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System (CalPERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for CalPERS benefits.
4. Term of Performance. Unless earlier terminated, this Agreement will be effective from the date
first above written through Decem ber 31, 2018 subject to City Council appropriation of funds. Upon mutual
agreement the City and Instructor shall have the option to extend the term of this agreement for two (2)
additional terms of one (1) year (“Extension Term”), upon the same terms and conditions set forth in this
Agreement, subject to the City Council appropriation of funds. All terms and conditions of this Agreement shall
remain in full force and effect during the Extension Term, except as otherwise agreed through a formal
Amendment as required in Section 25. Nothing in this paragraph shall alter City’s right to terminate Agreement,
as described in Section 17, at any point throughout the Extension Term. This Agreement does not guarantee
that any course, program or activity will be added to the City’s public recreation offerings during the Term of
Performance.
5. Standard of Performance. Instructor shall perform all services required pursuant to this
Agreement.
6. Permission. Instructor grants full permission to the City of Dublin for use of his/her name and
photographs, videos, motion pictures or recordings for any publicity and promotion purposes without obligation
or liability to Instructor.
7. Payment Terms. For the services described in Section 1 above, the City agrees to pay
Instructor 80% of the resident rate for each participant, which amount shall include all expenses. Except as
specifically authorized by City, Instructor shall not bill City for duplicate services performed by more than one
person (reasonable quality control and assurance work as generally recognized as an acceptable practice in this
field is expected). Instructor understands that any time a participant requests a refund or credit, that amount will
be reduced from the gross revenue on which Instructor’s payment is calculated.
Agreement for Contract Instructor Services
Instructor understands and agrees that Instructor will complete and submit a Contract Instructor Course
Proposal Form for each session that courses will be offered. Submitting a proposal does not guarantee that the
course, program or activity will be added to the City’s public recreation offerings. Session dates may be altered
from time to time at the City’s discretion. City, at its sole discretion, will accept or reject Instructor’s proposal and
collaborate with Instructor in finalizing a session schedule. When each session schedule is finalized, the City will
produce a Schedule Summary. Final Schedule Summaries will be incorporated herein by this reference as if set
forth in full.
At the end of each session, the City shall pay Instructor for services rendered. City will issue payment
to Instructor within 30 business days after services are complete. Prior to City processing payment, Instructor
shall submit course attendance sheets, and completed evaluation forms, if applicable, to the Parks and
Community Services Department within five working days upon completion of service.
8. Assignment and Subcontracting. Instructor shall not subcontract, assign or transfer any
portion of the performance contemplated and provided for in this Agreement without the prior written consent of
the City.
9. Indemnification. Instructor will defend and indemnify City and its officers, agents, employees
and volunteers (collectively, "City Parties") against any and all claims, deductibles, self-insured retentions,
demands, liability, judgments, awards, fines, mechanics’ liens, or other liens, labor disputes, losses, damages,
expenses, charges or costs, of any kind or character, including attorneys’ fees and court costs (collectively,
“Claims”), which arise out of or are in any way connected to this Agreement or Instructor’s activities pursuant to
this Agreement, including without limitation, Claims caused by the concurrent negligent act, error, or om ission,
whether active or passive, of City Parties.
10. Insurance. Instructor shall procure and maintain for the duration of the Agreement insurance
against claims for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder and the results of that work by the Instructor, any of its employees,
subcontractors, volunteers, and agents. Instructor will obtain and maintain policies of commercial general liability
insurance, automobile liability insurance and workers’ compensation insurance from an insurance company
authorized to transact the business of insurance in the State of California which has a current rating in the Best’s
Key Rating guide of at least A:VII. The insurance requirements required for instructors are as follows:
1. Commercial General Liability: Insurance plan with an “occurrence” basis, including property damage,
bodily injury, personal & advertising injury, and sexual abuse and molestation with limits no less than
$1,000,000 per occurrence.
2. Automobile Liability: Instructor shall maintain a current and valid Automobile Insurance Policy at or
above the minimum level required by the State of California for any and all vehicles used to transport
Instructor or supplies to or from the City of Dublin and its facilities.
3. Workers’ Compensation: Insurance as required by the State of California, with Statutory Limits, and
Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or
disease. Proof of workers’ compensation insurance is applicable if Instructor has employees other than
self. If Instructor does not have employees other than self, Instructor shall submit a completed “No
Employees Declaration Form” provided by the City.
The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days
prior written notice to the City by certified mail. The City of Dublin and its elected officials, officers, employees,
agents, and volunteers must be named as additional insureds on commercial general liability insurance.
Instructor’s insurance coverage will be primary insurance with respect to City and its elected officials, officers,
employees, agents, and volunteers. The insurance policy must include a waiver of all rights of subrogation
against the City, its elected or appointed officers, officials, agents, and employees for losses paid under the
terms of any policy which arise from work performed by the Instructor for the City (including workers’
compensation insurance, if applicable). Any insurance or self-insurance maintained by the City will be in excess
of Instructor’s insurance and not contributory with it. Instructor will furnish certificates of insurance and
endorsements to City prior to City’s execution of this Agreement. This Agreement is expressly contingent upon
the insurance requirements being met, and this Agreement shall not be complete and no work may commence
until Instructor has provided adequate proof of insurance.
Agreement for Contract Instructor Services
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior
experience, insurer, coverage, or other special circumstances.
11. Special Risks or Circumstances. City reserves the right to modify these insurance
requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other
special circumstances.
12. Nondiscrimination and Equal Opportunity. Instructor will comply with all applicable federal,
state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in the
provision or any services that are the subject of this Agreement.
13. Mandated Reporting. Instructor recognizes and acknowledges that persons under the age of
18 may participate in classes/activities to be conducted by Instructor pursuant to this Agreement. Instructor
further recognizes and acknowledges that if any person under the age of 18 does, in fact, participate in said
classes/activities, then Instructor is deemed to be a “Mandated Reporter” pursuant to the California Child Abuse
and Neglect Reporting Act (Penal Code §§ 11164-11174.3) (“CANRA”). Concurrently with the execution of this
Agreement and pursuant to Penal Code section 11166.5, Instructor has been provided with, and has executed,
an Acknowledgement of Mandated Requirements, Receipt of Training, and Receipt of Penal Code Statutes,
which acknowledgement shall be maintained by the City during the term of this Agreement.
If the Instructor has employees, subcontractors, volunteers, and agents, and those employees, subcontractors,
volunteers, and agents will come into contact with minors on a regular basis, those employees must also follow
the Mandated Reporter requirements. Instructors who have employees will be required to execute an
Acknowledgement and Release of Information, which acknowledgement shall be maintained by the City during
the term of this Agreement.
14. TB Test Requirements. If the Services include contact with minors, Instructor shall produce a
certificate, issued by a licensed physician or other authorized agency, showing that within the last two years the
Instructor has been examined and has been found to be free of communicable tuberculosis (TB). If the
Instructor has employees, those employees must also follow the TB requirements set forth in this Agreement.
Instructors who have employees, subcontractors, volunteers, and agents will be required to execute an
Acknowledgement and Release of Information, which acknowledgement shall be maintained by the City during
the term of this Agreement.
15. Fingerprint Requirements. If class/program is open to youth under the age of 18 years,
Instructor and any of its employees, subcontractors, volunteers, and agents of the Instructor agrees to fulfill all
fingerprint/background checks prior to the first class. Instructor and the Instructor’s employees, subcontractors,
volunteers, and agents, if any, are not eligible to work until the clearance is received from the Department of
Justice and Instructor has been notified by a Parks & Community Services Department representative.
16. Transporting Participants. Instructor or any of its employees, subcontractors, volunteers, and
agents shall not transport any participant in his/her own vehicle. Transportation is the responsibility of the
program participant.
17. Termination. City may cancel this Agreement at any time and without cause upon written
notification to Instructor. Instructor may cancel this Agreement upon thirty (30) days’ written notice to the other
Parties and shall include in such notice the reasons for cancellation. City will pay Instructor for services
completed per the Agreement up to the time of termination, if the Services have been completed in accordance
with the Agreement.
In addition, if the Instructor is convicted of any crime or offense, fails or refuses to comply with the
written policies or reasonable directive of City, is guilty of serious misconduct in connection with performance
hereunder, or materially breaches provisions of this Agreement, City at any time may terminate the engagement
of the Instructor immediately and without written notice to the Instructor.
Agreement for Contract Instructor Services
By signing this Agreement, Instructor agrees it may be subject to civil penalties for the filing of false
claims as set forth in the California False Claims Act, Government Code sections 12650, et seq.
18. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in
full force and effect.
19. Governing Law . The laws of the State of California will govern this Agreement.
20. Compliance with Applicable Laws. Instructor will comply with all applicable local, state and
federal laws and regulations, including but not limited to, those prohibiting discrimination and harassment and
will obtain and maintain a City of Dublin Business License for the term of this Agreement.
21. Licenses. If a license (e.g. franchise names or trademarks) of any kind, which term is intended
to include evidence of registration, is required of Instructor or any of its employees, subcontractors, volunteers,
or agents by federal or state law, Instructor warrants that such license has been obtained, is valid and in good
standing, and Instructor shall keep it in effect at all times during the term of this Agreement, and that any
applicable bond has been posted in accordance with all applicable laws and regulations.
22. Venue. In the event that either party brings any action against the other under this Agreement,
the parties agree that trial of such action will be vested exclusively in the state courts of California in the County
of Alameda or in the United States District Court for the Northern District of California.
23. Agreement Administration and Notice. This Agreement shall be administered on behalf of
the City by the City Manager or designee. Any written notice between the Parties shall be sent to:
Mailing Address:
City of Dublin
Attn: Parks and Community Services Director
100 Civic Plaza
Dublin, CA 94568
Phone: (925) 833-6645
Mailing Address:
Arora Tennis & Fitness
Attn: Akshay Arora
3169 Ridgefield Way
Dublin, Ca 94568
Phone: (925) 699-7794
24. Integration. This Agreement, together with Schedule Summaries as described in Section 7
represents the entire and integrated agreement between City and the Instructor and supersedes all prior
negotiations, representations or agreements, either written or oral.
parties.
25. Amendments. The parties may amend this Agreement only by a writing signed by all the
26. No Implied Waiver of Breach. The waiver of performance or any breach of a specific
provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of
this Agreement.
27. Survival. All obligations arising prior to the termination of this Agreement and all the provisions
of this Agreement allocating liability between City and Instructor will survive the termination of this agreement.
CITY: INSTRUCTOR/BUSINESS:
By:
James M. Rodems,
By:
Parks and Community Services Director Printed Name:
Title:
AGREEMENT FOR CONTRACT INSTRUCTOR SERVICES
Edge Gymnastics Training Center
This Agreement for Contract Instructor Services ("Agreement") is made and entered into as of the 1st
day of September, 2017, by and between the City of Dublin, a municipal corporation of the State of California
City") and CGS Gymnastic Services, Inc., ("Instructor"), together (the "Parties") in Dublin, California. In
consideration of their mutual covenants, the Parties hereto agree as follows:
1. Scope of Work. Subject to the terms and conditions of this Agreement, Instructor shall provide
gymnastic classes, camps and activities.
2. Location of Work. Subject to the terms and conditions of this Agreement, Instructor will
provide services and/or class instruction (check one box):
x Offsite: At his/her/their own facility, located off-premises from any City-
owned facility located at 6780 Sierra Court in Dublin, CA 94568.
Onsite: At a City-owned facility.
3. Independent Contractor. At all times during the term of this Agreement, Instructor, and
any of its employees, subcontractors, volunteers, and agents shall be independent contractors and not
employees or agents of the City. Instructor and any of its employees, subcontractors, volunteers, and agents
shall have no authority, express or implied, to bind the City to any obligation whatsoever. Notwithstanding any
other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Instructor and any of its
employees, subcontractors, volunteers, and agents providing services under this Agreement shall not qualify for
or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any
incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System (CaIPERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for CalPERS benefits.
4. Term of Performance. Unless earlier terminated, this Agreement will be effective from the date
first above written through December 31, 2018. Upon mutual agreement the City and Instructor shall have the
option to extend the term of this Agreement for two (2) additional terms of one (1) year ("Extension Term") upon
the same terms and conditions set forth in this Agreement, subject to the City Council appropriation of funds. All
terms and conditions of this Agreement shall remain in full force and effect during the Extension Term, except as
otherwise agreed through a formal Amendment as required in Section 25. Nothing in this paragraph shall alter
City's right to terminate Agreement as described in Section 17, at any point throughout the Extension Term.
This Agreement does not guarantee that any course, program or activity will be added to the City's public
recreation offerings during the Term of Performance.
5. Standard of Performance. Instructor will perform all services required pursuant to this
Agreement.
6. Permission. Instructor grants full permission to the City of Dublin for use of his/her name and
photographs, videos, motion pictures or recordings for any publicity and promotion purposes without obligation
or liability to Instructor.
7. Payment Terms. For the services described in Section 1 above, the City agrees to pay
Instructor 70% of the resident rate for each participant, which amount shall include all expenses. Except as
specifically authorized by City, Instructor shall not bill City for duplicate services performed by more than one
person (reasonable quality control and assurance work as generally recognized as an acceptable practice in this
field is expected). Instructor understands that any time a participant requests a refund or credit, that amount will
be reduced from the gross revenue on which Instructor's payment is calculated.
Agreement for Contract Instructor Services
Instructor understands and agrees that Instructor will complete and submit a Contract Instructor Course
Proposal Form for each session that courses will be offered. Submitting a proposal does not guarantee that the
course, program or activity will be added to the City's public recreation offerings. Session dates may be altered
from time to time at the City's discretion. City, at its sole discretion, will accept or reject Instructor's proposal and
collaborate with Instructor in finalizing a session schedule. When each session schedule is finalized, the City will
produce a Schedule Summary. Final Schedule Summaries will be incorporated herein by this reference as if set
forth in full.
At the end of each session, the City shall pay Instructor for services rendered. City will issue payment
to Instructor within 30 business days after services are complete. All payments will be mailed to the instructor.
Prior to City processing payment, Instructor shall submit course attendance sheets, and completed evaluation
forms, if applicable, to the Parks and Community Services Department within five working days upon completion
of service.
8. Assignment and Subcontracting. instructor shall not subcontract, assign or transfer any
portion of the performance contemplated and provided for in this Agreement without the prior written consent of
the City.
9. Indemnification. Instructor will defend and indemnify City and its officers, agents, employees
and volunteers (collectively, "City Parties") against any and all claims, deductibles, self-insured retentions,
demands, liability, judgments, awards, fines, mechanics' liens, or other liens, labor disputes, losses, damages,
expenses, charges or costs, of any kind or character, including attorneys' fees and court costs (collectively,
Claims"), which arise out of or are in any way connected to this Agreement or Instructor's activities pursuant to
this Agreement, including without limitation, Claims caused by the concurrent negligent act, error, or omission,
whether active or passive, of City Parties.
10. Insurance. Instructor shall procure and maintain for the duration of the Agreement insurance
against claims for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder and the results of that work by the Instructor, any of its employees,
subcontractors, volunteers, and agents. Instructor will obtain and maintain policies of commercial general liability
insurance, automobile liability insurance and workers' compensation insurance from an insurance company
authorized to transact the business of insurance in the State of California which has a current rating in the Best's
Key Rating guide of at least A:VII.The insurance requirements required for instructors are as follows:
1. Commercial General Liability: Insurance plan with an "occurrence" basis, including property damage,
bodily injury, personal & advertising injury, and sexual abuse and molestation with limits no less than
1,000,000 per occurrence.
2. Automobile Liability: Instructor shall maintain a current and valid Automobile Insurance Policy at or
above the minimum level required by the State of California for any and all vehicles used to transport
Instructor or supplies to or from the City of Dublin and its facilities.
3. Workers' Compensation: Insurance as required by the State of California, with Statutory Limits, and
Employer's Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or
disease. Proof of workers' compensation insurance is applicable if Instructor has employees other than
self. If Instructor does not have employees other than self, Instructor shall submit a completed "No
Employees Declaration Form" provided by the City.
The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days
prior written notice to the City by certified mail. The City of Dublin and its elected officials, officers, employees,
agents, and volunteers must be named as additional insureds on commercial general liability insurance.
Instructor's insurance coverage will be primary insurance with respect to City and its elected officials, officers,
employees, agents, and volunteers. The insurance policy must include a waiver of all rights of subrogation
against the City, its elected or appointed officers, officials, agents, and employees for losses paid under the
terms of any policy which arise from work performed by the Instructor for the City (including workers'
compensation insurance, if applicable). Any insurance or self-insurance maintained by the City will be in excess
of Instructor's insurance and not contributory with it. Instructor will furnish certificates of insurance and
endorsements to City prior to City's execution of this Agreement. This Agreement is expressly contingent upon
Agreement for Contract Instructor Services
the insurance requirements being met, and this Agreement shall not be complete and no work may commence
until Instructor has provided adequate proof of insurance.
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior
experience, insurer, coverage, or other special circumstances.
11. Special Risks or Circumstances. City reserves the right to modify these insurance
requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other
special circumstances.
12. Nondiscrimination and Equal Opportunity. Instructor will comply with all applicable federal,
state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in the
provision or any services that are the subject of this Agreement.
13. Mandated Reporting. Instructor recognizes and acknowledges that persons under the age of
18 may participate in classes/activities to be conducted by Instructor pursuant to this Agreement. Instructor
further recognizes and acknowledges that if any person under the age of 18 does, in fact, participate in said
classes/activities, then Instructor is deemed to be a "Mandated Reporter" pursuant to the California Child Abuse
and Neglect Reporting Act (Penal Code §§ 11164-11174.3) ("CANRA"). Concurrently with the execution of this
Agreement and pursuant to Penal Code section 11166.5, Instructor has been provided with, and has executed,
an Acknowledgement of Mandated Requirements, Receipt of Training, and Receipt of Penal Code Statutes,
which acknowledgement shall be maintained by the City during the term of this Agreement.
If the Instructor has employees, subcontractors, volunteers, and agents, and those employees, subcontractors,
volunteers, and agents will come into contact with minors on a regular basis, those employees must also follow
the Mandated Reporter requirements. Instructors who have employees will be required to execute an
Acknowledgement and Release of Information, which acknowledgement shall be maintained by the City during
the term of this Agreement.
14. TB Test Requirements. If the Services include contact with minors, Instructor shall produce a
certificate, issued by a licensed physician or other authorized agency, showing that within the last two years the
Instructor has been examined and has been found to be free of communicable tuberculosis (TB). If the
Instructor has employees, those employees must also follow the TB requirements set forth in this Agreement.
Instructors who have employees, subcontractors, volunteers, and agents will be required to execute an
Acknowledgement and Release of Information, which acknowledgement shall be maintained by the City during
the term of this Agreement.
15. Fingerprint Requirements. If class/program is open to youth under the age of 18 years,
Instructor and any of its employees, subcontractors, volunteers, and agents of the Instructor agrees to fulfill all
fingerprint/background checks prior to the first class. Instructor and the Instructor's employees, subcontractors,
volunteers, and agents, if any, are not eligible to work until the clearance is received from the Department of
Justice and Instructor has been notified by a Parks &Community Services Department representative.
16. Transporting Participants. Instructor or any of its employees, subcontractors, volunteers, and
agents shall not transport any participant in his/her own vehicle. Transportation is the responsibility of the
program participant.
17. Termination. City may cancel this Agreement at any time and without cause upon written
notification to Instructor. Instructor may cancel this Agreement upon thirty (30) days' written notice to the other
Parties and shall include in such notice the reasons for cancellation. City will pay Instructor for services
completed per the Agreement up to the time of termination, if the Services have been completed in accordance
with the Agreement.
In addition, if the Instructor is convicted of any crime or offense, fails or refuses to comply with the
written policies or reasonable directive of City, is guilty of serious misconduct in connection with performance
hereunder, or materially breaches provisions of this Agreement, City at any time may terminate the engagement
of the Instructor immediately and without written notice to the Instructor.
Agreement for Contract Instructor Services
By signing this Agreement, Instructor agrees it may be subject to civil penalties for the filing of false
claims as set forth in the California False Claims Act, Government Code sections 12650, et seq.
18. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in
full force and effect.
19. Governing Law. The laws of the State of California will govern this Agreement.
20. Compliance with Applicable Laws. Instructor will comply with all applicable local, state and
federal laws and regulations, including but not limited to, those prohibiting discrimination and harassment and
will obtain and maintain a City of Dublin Business License for the term of this Agreement.
21. Licenses. If a license (e.g. franchise names or trademarks) of any kind, which term is intended
to include evidence of registration, is required of Instructor or any of its employees, subcontractors, volunteers,
or agents by federal or state law, Instructor warrants that such license has been obtained, is valid and in good
standing, and Instructor shall keep it in effect at all times during the term of this Agreement, and that any
applicable bond has been posted in accordance with all applicable laws and regulations.
22. Venue. In the event that either party brings any action against the other under this Agreement,
the parties agree that trial of such action will be vested exclusively in the state courts of California in the County
of Alameda or in the United States District Court for the Northern District of California.
23. Agreement Administration and Notice. This Agreement shall be administered on behalf of
the City by the City Manager or designee. Any written notice between the Parties shall be sent to:
Mailing Address: Mailing Address:
City of Dublin Edge Gymnastic Training Center, LLC
Attn: Parks and Community Services Director Attn: Kristin Schrader-Shawler
100 Civic Plaza 6780 Sierra Ct., Suite K
Dublin, CA 94568 Dublin, Ca 94568
Phone: (925)833-6645 Phone: 1-925-479-9904
24. Integration. This Agreement, together with Schedule Summaries as described in Section 7
represents the entire and integrated agreement between City and the Instructor and supersedes all prior
negotiations, representations or agreements, either written or oral.
25. Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
26. No Implied Waiver of Breach. The waiver of performance or any breach of a specific
provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of
this Agreement.
27. Survival. All obligations arising prior to the termination of this Agreement and all the provisions
of this Agreement allocating liability between City and Instructor will survive the termination of this agreement.
CITY: INSTRUCTOR/BUSINESS:
By: By:4iiJamesM. Rodems,
Parks and Community Services Director Printed Name:
Title: V44
Agreement for Contract Instructor Services
I_MPLI]YER.a
Workers' Compensation and Employers Liability
Insurance Policy
EMPLOYERS PREFERRED INS. CO. Policy Number From
olicy Period
To
A Stock Company EIG 2113816 03 1 06109/2017 06/09/2018
12:01A.M.Sta 9V Time at the address of theInsuredasstatedherein
Transaction
RENEWAL DECLARATIONS
NCCI Carrier # 31283 WCIRB CARRIER# 00920 PRIOR POLICY NUMBER EIG21 1 381 602
1. Named Insured and Address Agent
EDGE GYMNASTICS TRAINING CENTS NORTH RANCH INS SVCS INC 6860001
6780 SIERRA COURT #K 32110 AGOURA RD
DUBLIN CA 94568 WESTLAKE VILLAGE, CA 91361
Telephone: 8008012300
Customer# Carrier At FEIN # Risk ID # Entity of Insured
31283 262712914 LIM LIABILITY CO
Additional Locations:
2.The Policy Period is from 06/09/2017 to 06/09/2018 12:01 a.m. Standard Time at the Insured's mailing address.
3. A. Workers Compensation Insurance: Part ONE of the policy applies to the Workers Compensation Law of the states
listed here: CA
B. Employers Liability Insurance: Part TWO of the policy applies to work in each state listed in Item 3A.
The limits of our liability under Part TWO are:
Bodily Injury by Accident $ 1,000,000 each accident
Bodily Injury by Disease $ 1,000,000 policy limit
Bodily Injury by Disease $ 1,000,000 each employee
C. Other States Insurance: Part THREE of the policy applies to the states, if any, listed here:
All states except ND, OH, WA, WY, AK, DE, HI, LA, ME, NH, RI, SD, VT, WV and states listed in item
3.A.
D. This policy includes these endorsements and schedules: See attached schedule.
4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates, and Rating Plans.
All information required below is subject to verification and change by audit.
SEE EXTENSION OF INFORMATION PAGE
Minimum Premium 750 Expense Constant $ 220
Premium Discount $
Assessments and Taxes $ Total Estimated AnnualPremium $4,427
This is a Three Year Fixed Rate Policy
Premium Adjustment Period: ® Annual; Semiannual; Quarterly; Monthly
Countersigned this Day of
Issued Date: 05/11/2017 Authorized Representative
Issuing Office EMPLOYERS PREFERRED INS. CO.
7110 NORTH FRESNO STREET, SUITE 250
FRESNO, CA 93720-2999
Issued Date 05/11/2017 INSURED COPY
WC990630 (5/98 Ed.)
Page 1 of 2
A4CC°R ®CERTIFICATE OF LIABILITY INSURANCE DATE
4/19//
22D/
YYYY)
04/19017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUREDS), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT NAME: Mass Merchandising
K&K Insurance Group,Inc. ac Na,E t: 1-800-648-6406 FAX
No: 1-260-459-5940
1712 Magnavox Way E-MAIL
Fort Wayne IN 46804 ADDRESS; info @gymnasticsinsurance-kk.com
PRODUCER
CUSTOMER ID:
INSURERS AFFORDING COVERAGE NAIC#
INSURED 2000011182 CP#603 INSURER A: Nationwide Mutual Insurance Company 23787
Edge Gymnastics Training Center LLC INSURER B:
DBA:Edge Gymnastics INSURER C:
2240 Camino Ramon INSURER D:
San Ramon,CA 94583 INSURER E:
A Member of the Sports,Leisure&Entertainment RPG INSURER F:
COVERAGES CERTIFICATE NUMBER:2000300122 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE
ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF
SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMBSLTRINSDWVDMM/ MM/DD/YYY
A X COMMERCIAL GENERAL LIABILITY X 6BMAS0000005930300 12/11/16 12/11/17 EACH OCCURRENCE 1,000,000
12:01 AM 12:01 AM DAMAGE To RENTED 300,000CLAIMS-MADE OCCUR PREMISES Ea Occurrence
MED EXP(Any one person) 5,000
PERSONAL&ADV INJURY 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 5,000,000
POLICY F—]PROJECT F—]LOC PRODUCTS–COMP/OP AGG 1,000,000
OTHER: PROFESSIONAL LIABILITY 1,000,000
LEGAL LIAB TO PARTICIPANTS 1,000,000
A AUTOMOBILE LIABILITY 6BMAS0000005930300 12/11/16 12111/17 COMBINED SINGLE LIMIT(Ea 1,000,000
12:01 AM 12:01 AM
accident
ANY AUTO BODILY INJURY(Per person)
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY(Per accident)
X HIRED X NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident
X Not provided while in Hawaii
UMBRE
LIAB OCCUR EACH OCCURRENCE
EXCESS LIAR CLAIMS-MADE AGGREGATE
RED RETENTION
WORKERS COMPENSATION N/A PER STATUTE OTHERANDEMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNER/ Y/N E.L.EACH ACCIDENT
EXECUTIVE OFFICERIMEMBER
EXCLUDED?(Mandatory in NH) E.L.DISEASE–EA EMPLOYEE
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE–POLICY LIMIT
A MEDICAL PAYMENTS FOR PARTICIPANTS 12/11/16 12/11/17 PRIMARY MEDICAL
68MAS0000005930300 12:01 AM 12:01 AM EXCESS MEDICAL 150,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Location:6780 Sierra Ct.,Dublin,CA 94568
Operations:Adult&Child Instructional Gymnastics Classes(Mommy&Me,Parent-Tot,Me&My Grown-Up,etc.),Competitive/Artistic Gymnastics,Pre-School
Gymnastics,Recreational Gymnastics,Trampolines(instruction/training classes/programs only),Tumbling(floor activity only),On-site Birthday and/or Social
parties with apparatus use,On-site Open Gym/Parents Night Out/Special Events,Members+non-members,On-site Camps/Clinics.
Sexual Abuse or Sexual Molestation Liability-$1,000,000 Each Occurrence(included above)/$1,000,000 Aggregate(included above)
The certificate holder is added as an additional insured,but only for liability caused,in whole or in part,by the acts or omissions of the named insured
This certificate voids and replaces certificate#2000283743"
CERTIFICATE HOLDER CANCELLATION
City of Dublin and its elected officials,officers,employees,agents and SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
volunteers EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH
100 Civic Plaza THE POLICY PROVISIONS.
Dublin,CA 94568
Co-promoter
AUTHORIZED REPRESENTATIVE
C 1988-2015 ACORD CORPORATION. All rights reserved.
Coverage is only extended to U.S.events and activities.
NOTICE TO TEXAS INSUREDS:The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: 6BMAS0000005930300 INTERLINE
IL 12 01 11 85
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
POLICY CHANGES
Policy Change
Number 1
POLICY NUMBER POLICY CHANGES EFFECTIVE COMPANY
6BMAS0000005930300 12/11/16 Nationwide Mutual Insurance Company
NAMED INSURED AUTHORIZED REPRESENTATIVE
Edge Gymnastics Training Center LLC K&K Insurance Group, Inc.
DBA: Edge Gymnastics
COVERAGE PARTS AFFECTED
COMMERCIAL GENERAL LIABILITY COVERAGE
CHANGES
The attached form CG2026 replaces the previously issued CG2026.
C P#603
Authorized Representative Signature
IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1
Copyright, ISO Commercial Risk Services, Inc., 1983
POLICY NUMBER: 6BMAS0000005930300 COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s)
City of Dublin and its elected officials, officers, employees, agents and volunteers
100 Civic Plaza
Dublin, CA 94568
Named Insured: Edge Gymnastics Training Center LLC
CP#603
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these
include as an additional insured the person(s) or additional insureds, the following is added to Section
organization(s) shown in the Schedule, but only with III—Limits Of Insurance:
respect to liability for "bodily injury", "property If coverage provided to the additional insured is
damage" or "personal and advertising injury" caused, required by a contract or agreement, the most we willinwholeorinpart, by your acts or omissions or the pay on behalf of the additional insured is the amount
acts or omissions of those acting on your behalf: of insurance:
1. In the performance of your ongoing operations; 1. Required by the contract or agreement; or
or
2. In connection with your premises owned by or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
rented to you.
However:
whichever is less.
1. The insurance afforded to such additional
This endorsement shall not increase the applicable
insured only applies to the extent permitted by
Limits of Insurance shown in the Declarations.
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured will
not be broader than that which you are required
by the contract or agreement to provide for such
additional insured.
CG 20 26 04 13 Insurance Services Office, Inc.,2012 Page 1 of 1
J
AGREEMENT FOR CONTRACT INSTRUCTOR SERVICES
Make Me a Pro Sports
This Agreement for Contract Instructor Services ("Agreement") is made and entered into as of the 1st
day of September, 2017, by and between the City of Dublin, a municipal corporation of the State of California
City") and Make Me a Pro Sports ("Instructor"), together(the"Parties") in Dublin, California. In consideration of
their mutual covenants, the Parties hereto agree as follows:
1. Scope of Work. Subject to the terms and conditions of this Agreement, Instructor shall provide
basketball and cheerleading sport classes and activities.
2. Location of Work. Subject to the terms and conditions of this Agreement, Instructor will
provide services and/or class instruction (check one box):
Offsite: At his/her/their own facility, located off-premises from any City-owned facility
located at.
9 Onsite:At a City-owned facility.
3.Independent Contractor. At all times during the term of this Agreement, Instructor, and
any of its employees, subcontractors, volunteers, and agents shall be independent contractors and not
employees or agents of the City. Instructor and any of its employees, subcontractors, volunteers, and agents
shall have no authority, express or implied, to bind the City to any obligation whatsoever. Notwithstanding any
other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Instructor and any of its
employees, subcontractors, volunteers, and agents providing services under this Agreement shall not qualify for
or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any
incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System (CaIPERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for CalPERS benefits.
4. Term of Performance. Unless earlier terminated, this Agreement will be effective from the date
first above written through December 31, 2018. Upon mutual agreement the City and Instructor shall have the
option to extend the term of this Agreement for two (2) additional terms of one (1) year ("Extension Term") upon
the same terms and conditions set forth in this Agreement, subject to the City Council appropriation of funds. All
terms and conditions of this Agreement shall remain in full force and effect during the Extension Term, except as
otherwise agreed through a formal Amendment as required in Section 25. Nothing in this paragraph shall alter
City's right to terminate Agreement as described in Section 17, at any point throughout the Extension Term.
This Agreement does not guarantee that any course, program or activity will be added to the City's public
recreation offerings during the Term of Performance.
5. Standard of Performance. Instructor will perform all services required pursuant to this
Agreement.
6.Permission. Instructor grants full permission to the City of Dublin for use of his/her name and
photographs, videos, motion pictures or recordings for any publicity and promotion purposes without obligation
or liability to Instructor.
7. Payment Terms. For the services described in Section 1 above, the City agrees to pay
Instructor 60% of the resident rate for each participant, which amount shall include all expenses. Except as
specifically authorized by City, Instructor shall not bill City for duplicate services performed by more than one
person (reasonable quality control and assurance work as generally recognized as an acceptable practice in this
field is expected). Instructor understands that any time a participant requests a refund or credit, that amount will
be reduced from the gross revenue on which Instructor's payment is calculated.
Instructor understands and agrees that Instructor will complete and submit a Contract Instructor Course
Agreement for Contract Instructor Services
AGREEMENT FOR CONTRACT INSTRUCTOR SERVICES
Northern American Youth Activities LLC dba Kidz Love Soccer
This Agreement for Contract Instructor Services ( "Agreement ") is made and entered into as of the 1st
day of September, 2017, by and between the City of Dublin, a municipal corporation of the State of California
( "City ") and Northern American Youth Activities dba Kidz Love Soccer ( "Instructor "), together (the "Parties ") in
Dublin, California. In consideration of their mutual covenants, the Parties hereto agree as follows:
1. Scope of Work. Subject to the terms and conditions of this Agreement, Instructor shall provide
soccer classes and activities.
2. Location of Work. Subject to the terms and conditions of this Agreement, Instructor will
provide services and /or class instruction (check one box):
❑ Offsite: At his /her /their own facility, located off - premises from any City -owned facility
located at.
0 Onsite: At a City -owned facility.
3. Independent Contractor. At all times during the term of this Agreement, Instructor, and
any of its employees, subcontractors, volunteers, and agents shall be independent contractors and not
employees or agents of the City. Instructor and any of its employees, subcontractors, volunteers, and agents
shall have no authority, express or implied, to bind the City to any obligation whatsoever. Notwithstanding any
other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Instructor and any of its
employees, subcontractors, volunteers, and agents providing services under this Agreement shall not qualify for
or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any
incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System (CaIPERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and /or employee contributions for CaIPERS benefits.
4. Term of Performance. Unless earlier terminated, this Agreement will be effective from the date
first above written through December 31, 2018. Upon mutual agreement the City and Instructor shall have the
option to extend the term of this Agreement for two (2) additional terms of one (1) year ( "Extension Term ") upon
the same terms and conditions set forth in this Agreement, subject to the City Council appropriation of funds. All
terms and conditions of this Agreement shall remain in full force and effect during the Extension Term, except as
otherwise agreed through a formal Amendment as required in Section 25. Nothing in this paragraph shall alter
City's right to terminate Agreement as described in Section 17, at any point throughout the Extension Term.
This Agreement does not guarantee that any course, program or activity will be added to the City's public
recreation offerings during the Term of Performance.
5. Standard of Performance. Instructor. will perform all services required pursuant to this
Agreement.
6. Permission. Instructor grants full permission to the City of Dublin for use of his /her name and
photographs, videos, motion pictures or recordings for any publicity and promotion purposes without obligation
or liability to Instructor.
7. Payment Terms. For the services described in Section 1 above, the City agrees to pay
Instructor 60% of the resident rate for each participant, which amount shall include all expenses. Except as
specifically authorized by City, Instructor shall not bill City for duplicate services performed by more than one
person (reasonable quality control and assurance work as generally recognized as an acceptable practice in this
field is expected). Instructor understands that any time a participant requests a refund or credit, that amount will
be reduced from the gross revenue on which Instructor's. payment is calculated.
Instructor understands and agrees that Instructor will complete and submit a Contract Instructor Course
Agreement for Contract Instructor Sery
Proposal Form for each session that courses will be offered. Submitting a proposal does not guarantee that the
course, program or activity will be added to the City's public recreation offerings. Session dates may be altered
from time to time at the City's discretion. City, at its sole discretion, will accept or reject Instructor's proposal and
collaborate with Instructor in finalizing a session schedule. When each session schedule is finalized, the City will
produce a Schedule Summary. Final Schedule Summaries will be incorporated herein by this reference as if set
forth in full.
At the end of each session, the City shall pay Instructor for services rendered. City will issue payment
to Instructor within 30 business days after services are complete. All payments will be mailed to the instructor.
Prior to City processing payment, Instructor shall submit course attendance sheets, and completed evaluation
forms, if applicable, to the Parks and Community Services Department within five working days upon completion
of service.
8. Assignment and Subcontracting. Instructor shall not subcontract, assign or transfer any
portion of the performance contemplated and provided for in this Agreement without the prior written consent of
the City.
9. Indemnification. Instructor will defend and indemnify City and its officers, agents, employees
and volunteers (collectively, "City Parties ") against any and all claims, deductibles, self- insured retentions,
demands, liability, judgments, awards, fines, mechanics' liens, or other liens, labor disputes, losses, damages,
expenses, charges or costs, of any kind or character, including attorneys' fees and court costs (collectively,
"Claims"), which arise out of or are in any way connected to this Agreement or Instructor's activities pursuant to
this Agreement, including without limitation., Claims caused by the concurrent negligent act, error, or omission,
whether active or passive, of City Parties.
10. Insurance. Instructor shall procure and maintain for the duration of the Agreement insurance
against claims for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder and the results of that work by the Instructor, any of its employees,
subcontractors, volunteers, and agents. Instructor will obtain and maintain policies of commercial general liability
insurance, automobile liability insurance and workers' compensation insurance from an insurance company
authorized to transact the business of insurance in the State of California which has a current rating in the Best's
Key Rating guide of at least A:VII. The insurance requirements required for instructors are as follows:
1. Commercial General Liability: Insurance plan with an "occurrence" basis, including property damage,
bodily injury, personal & advertising injury, and sexual abuse and molestation with limits no less than
$1,000,000 per occurrence.
2. Automobile Liability: Instructor shall maintain a current and valid Automobile Insurance Policy at or
above the minimum level required by the State of California for any and all vehicles used to transport
Instructor or supplies to or from the City of Dublin and its facilities.
3. Workers' Compensation: Insurance as required by the State. of California, with Statutory Limits, and
Employer's Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or
disease. Proof of workers' compensation insurance is applicable if Instructor has employees other than
self. If Instructor does not have employees other than self, Instructor shall submit a completed "No
Employees Declaration Form" provided by the City.
The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days
prior written notice to the City by certified mail. The City of Dublin and its elected officials, officers, employees,
agents, and volunteers must be named as additional insureds on commercial general liability insurance.
Instructor's insurance coverage will be primary insurance with respect to City and its elected officials, officers,
employees, agents, and volunteers. The insurance policy must include a waiver of all rights of subrogation
against the City, its elected or appointed officers, officials, agents, and employees for losses paid under the
terms of any policy which arise from work performed by the Instructor for the City (including workers'
compensation insurance, if applicable). Any insurance or self- insurance maintained by the City will be in excess
of Instructor's insurance and not contributory with it. Instructor will furnish certificates of insurance and
endorsements to City prior to City's execution of this Agreement. This Agreement is expressly contingent upon
the insurance requirements being met, and this Agreement shall not be complete and no work may commence
until Instructor has provided adequate proof of insurance.
Agreement for Contract Instructor Services
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior
experience, insurer, coverage, or other special- circumstances.
11. Special Risks or Circumstances. City reserves the right to modify these insurance
requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other
special circumstances.
12. Nondiscrimination and Equal Opportunity. Instructor will comply with all applicable federal,
state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in the
provision or any services that are the subject of this Agreement.
13. Mandated Reporting. instructor recognizes and acknowledges that persons under the age of
18 may participate in classes /activities to be conducted by Instructor pursuant to this Agreement. Instructor
further recognizes and acknowledges that if any person under the age of 18 does, in fact, participate in said
classes /activities, then Instructor is deemed to be a "Mandated Reporter" pursuant to the California Child Abuse
and Neglect Reporting Act (Penal Code §§ 11164 - 11174.3) ( "CANRA "). Concurrently with the execution of this
Agreement and pursuant to Penal Code section 11166.5, Instructor has been provided with, and has executed,
an Acknowledgement of Mandated Requirements, Receipt of Training, and Receipt of Penal Code Statutes,
which acknowledgement shall be maintained by the City during the term of this Agreement.
If the Instructor has employees, subcontractors, volunteers, and agents, and those employees, subcontractors,
volunteers, and agents will come into contact with minors on a regular basis, those employees must also follow
the Mandated Reporter requirements. Instructors who have employees will be required to execute an
Acknowledgement and Release of Information, which acknowledgement shall be maintained by the City during
the term of this Agreement.
14. TB Test Requirements. If the Services include contact with minors, Instructor shall produce a
certificate, issued by a licensed physician or other authorized agency, showing that within the last two years the
Instructor has been examined and has been found to be free of communicable tuberculosis (TB). If the
Instructor has employees, those employees must also follow the TB requirements set forth in this Agreement.
Instructors who have employees, subcontractors, volunteers, and agents will be required to execute an
Acknowledgement and Release of Information, which acknowledgement shall be maintained by the City during
the term of this Agreement.
15. Fingerprint Requirements. If class /program is open to youth under the age of 18 years,
Instructor and any of its employees, subcontractors, volunteers, and agents of the Instructor agrees to fulfill all
fingerprint/background checks prior to the first class. Instructor and the Instructor's employees, subcontractors,
volunteers, and agents, if any, are not eligible to work until the clearance is received from the Department of
Justice and Instructor has been notified by a Parks & Community Services Department representative.
16: Transporting Participants. Instructor or any of its employees, subcontractors, volunteers, and
agents shall not transport any participant in his /her own vehicle. Transportation is the responsibility of the
program participant.
17. Termination. City may cancel this Agreement at any time and without cause upon written
notification to Instructor. Instructor may cancel this Agreement upon thirty (30) days' written notice to the other
Parties and shall include in such notice the reasons for cancellation. City will pay Instructor for services
completed per the Agreement up to the time of termination, if the Services have been completed in accordance
with the Agreement.
In addition, if the Instructor is convicted of any crime or offense, fails or refuses to comply with the
written policies or reasonable directive of City, is guilty of serious misconduct in connection with performance
hereunder, or materially breaches provisions of this Agreement, City at any time may terminate the engagement
of the Instructor immediately and without written notice to the Instructor.
Agreement for Contract Instructor Services
By signing this Agreement, Instructor agrees it may be subject to civil penalties for the filing of false
claims as set forth in the California False Claims Act, Government Code sections 12650, et seq.
18. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in
full force and effect.
19. Governing Law. The laws of the State of California will govern this Agreement.
20. Compliance with Applicable Laws. Instructor will comply with all applicable local, state and
federal laws and regulations, including but not limited to, those prohibiting discrimination and harassment and
will obtain and maintain a City of Dublin Business License for the term of this Agreement.
21. Licenses. If a license (e.g. franchise names or trademarks) of any kind, which term is intended
to include evidence of registration, is required of Instructor or any of its employees, subcontractors, volunteers,
or agents by federal or state law, Instructor warrants that such license has been obtained, is valid and in good
standing, and Instructor shall keep it in effect at all times during the term of this Agreement, and that any
applicable bond has been posted in accordance with all applicable laws and regulations.
22. Venue. In the event that either party brings any action against the other under this Agreement,
the parties agree that trial of such action will be vested exclusively in the state courts of California in the County
of Alameda or in the United States District Court for the Northern District of California.
23. Agreement Administration and Notice. This Agreement shall be administered on behalf of
the City by the City Manager or designee. Any written notice between the Parties shall be sent to:
Mailing Address: Mailing Address:
City of Dublin Aaron Uhle
Attn: Parks and Community Services Director Kidz Love Soccer
100 Civic Plaza 780 Montague Expwy, Ste. 602
Dublin, CA 94568 San Jose, Ca 95131
Phone: (925) 833 -6645 Phone: 1- 408 - 774 -4629
24. Integration. This Agreement, together with Schedule Summaries as described in Section 7
represents the entire and integrated agreement between City and the Instructor and supersedes all prior
negotiations, representations or agreements, either written or oral.
25. Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
26. No Implied Waiver of Breach. The waiver of performance or any breach of a specific
provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of
this Agreement.
27. Survival. All obligations arising prior to the termination of this Agreement and all the provisions
of this Agreement allocating liability between City and Instructor will survive the termination of this agreement.
CITY:
James M. Rodems,
Parks and Community Services Director
Agreement for Contract Instructor Services
INSTRUCTOR /BUSINESS:
By: r�
Printed Name:
Title:rrr