Loading...
HomeMy WebLinkAboutSkyhawks Sports Academy; 2012-04-04;INSTRUCTIONAL SERVICES AGREEMENT This Agreement is entered into on Aprdt . 2012, ("Effective Date") between: Skyhawks Sports Academy Inc. City of Carisbad 6311 E. Mount Spokane Park Drive #B 1200 Carisbad Village Drive Meade WA 99021-9714 Carlsbad, CA 92008-1989 Attn: Chris Stiles and Jeff Heimbigner Attn: Parks & Recreation Director 5o«i - ^ (, C - 6 r9<7 (760) 434-2826 ("Instructor") ("City") 1 • Scope of Services. Instructor will provide instruction for the course(s) identified in Exhibit "A" and outlined in Exhibit "B." The course(s) will be held on the day(s) and time(s) and at the location(s) specified in the Carisbad Community Services Guide. The parties expect the result of Instructor's services to be the enjoyment and increased knowledge, skill, and/or ability of course partidpants. Instructor has sole control over the manner and means of accomplishing this result; however,'the City may monitor Instructor's course(s) to confirm that this result is being achieved and that Instructor is complying with the terms of this Agreement. 2. Pavment for Services. The City's Parks & Recreation Department will collect the fee specified in Exhibit "A" from each participant who registers for Instructor's course(s). As payment for Instructor's services, Instructor will receive an amount equal to 65 percent of the fees collected for each course, excluding non-resident fees and/or any fees that are refunded. Instructor will be required to set dass fees within the current market range, exduding any fees set by City Coundl. The Carisbad Parks & Recreation Department reserves the right to deny a contract or class if fees do not fall within this range. To be paid for a course. Instructor must submit an invoice or a written request for payment to the City's Parks & Recreation Department. For six-week or eight week courses, the invoice or request for payment may be submitted after the fourth week of instruction. For all other courses or camps, the invoice or request for payment may be submitted after the end of the course. The invoice or request must be accompanied by a copy of the final course roster and must state: (1) Instructor's name, address, and telephone number; (2) Instructor's social security number or federal tax identification number; (3) the course title; (4) the course date(s); (5) the course fee; (6) the number of participants enrolled; and (7) the amount claimed by Instructor under this Agreement. The City will pay the invoice or request for payment within ten to fifteen business days after its receipt and verification. Instructor understands that filing a false daim for payment may subject Instructor to civil penalties under California Government Code sections 12650, et seq., and Carisbad Municipal Code section 3.32.025. (CAO Approved Version 11/1/2005) 3. Instructor's Obligations. Instructor's obligations under this Agreement are: a- Materials. Equipment, and Supplies. Instructor must provide and maintain all materials, equipment, and supplies necessary for conducting Instructor's course(s), except the following, which will be supplied by the City: None. If Exhibit "B" indicates that partidpants must pay a materials fee or furnish their own materials, the City will indude this information in any advertisements about the course(s). However, Instructor is responsible for collecting the materials fee and/or ensuring the participants have the appropriate materials for the course(s). b. Assistant(s). Instructor may utilize, at Instructor's own expense, the assistant(s) listed in Exhibit "A" to help perform the services required by this Agreement. Instructor may not utilize anyone who is not listed in Exhibit "A" without obtaining the prior approval of the Parks & Recreation Director or a designated Recreation Manager or Supervisor and, if applicable, providing the City's Parks & Recreation Department with the fingerprint and TB test information discussed in paragraph 3(c) and the certifications discussed in paragraph 3(d) below. Assistants must be at least 16 years of age and have a valid work permit. Assistant may not teach in place of the instructor without prior approval of the Recreation Area Manager. Assistants teaching in place of the instructor must be at least 18 years of age. Instructor is solely responsible for supervising the work of the assistant(s) to ensure compliance with this Agreement. c. TB Test and Background Check. Prior to performing any work under this Agreement, Instructor and Instructor's assistant(s) must provide proof of a negative TB test taken within the last four years. If a course is open to minors, Instructor and Instructor's assistant(s) must also complete the questionnaire attached as Exhibit "E" and submit to a criminal history background check. The criminal history background check requires Instructor and Instructor's Assistant(s) to be fingerprinted by the Carisbad Police Department and to pay all fees associated with being fingerprinted. Should Instructor or Instructor assistant(s) answer "yes" to any of the questions contained in Exhibit "E" or should the criminal history background check reveal the existence of prior convictions, the City may immediately terminate this Agreement and/or disqualify Instructor or Instructor's assistant(s) from performing future instructional services for the City. d. Certifications. Instructor and Instructor's Assistant(s) must provide the Parks & Recreation Department with the following certifications, which must remain valid throughout the duration of this contract: [INSERT LIST OF CERTIFICATIONS]. If any certification(s) will expire during the term of this Agreement, Instructor and Instructor's Assistant(s) must provide updated proof of valid certificate(s) prior to the expiration date. e. Compliance with Applicable Law. Instructor and Instructor's Assistant(s) will comply with ali applicable federal, state, and local laws, rules, and regulations. If a course is open to minors, making Instructor and Instructor's assistant(s) "mandated reporters" within the meaning of California Penal Code section 11165.7(a), Instructor and Instructor's assistant(s) will comply with the mandatory reporting requirements contained in California Penal Code section 11166, which is attached as Exhibit "D" to this Agreement. (CAO Approved Version 11/1/2005) f- Conflicts of Interest. Instructor is not required to file a conflict of interest statement as a condition of this Agreement. However, Instructor is responsible for complying with the Political Reform Act and the City's Conflict of Interest Code. Nothing in this Agreement releases Instructor from this responsibility. g- Business License. Instructor will obtain a City of Carisbad business license and maintain it for the duration of this Agreement. h. Insurance: Contractor will obtain and maintain a policy of commercial general liability insurance in the amount of not less than one million dollars. Contractor will obtain occurrence coverage which is primary and does not require any contribution from the City's coverage. The policy shall be placed with an insurer that is an admitted carrier in California with a rating in the most recent Best's Key rating guide at least A-: VII, or with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating guide of at least A: X. The policy is to contain, or be endorsed to contain the following: • Athletic Partidpant/Partidpant Legal Liability coverage if there are athletic participants • The City, its officials, employees and volunteers are additional insured's as respects liability arising out of work or operations peri'ormed by or on behalf of the Contractor. • Coverage shall not be canceled or materially changed except after ten (10) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. e Sexual Abuse and Molestation i. Indemnitv. Instructor agrees to indemnify, defend and hold the City (induding its officers, employees, agents, volunteers, and elected offidals) harmless from all daims, demands, losses, damages, costs, expenses, obligations and liabilities, including attorney fees, for personal injury, death, or property damage arising out of the services performed by Instructor and/or Instructor's assistant(s) under this Agreement. ratios: j. Ratio. Instructor is responsible for maintaining the following adult to child Classes 1 Instructor for 20 students (Ages 5 and up) at most 1 Instructor for 8 students (Ages 4 and below) at most Camps 1 Instructor for 15 students (Ages 5 and up) at most 1 Instructor for 6 students (Ages 4 and below) at most k. Rules and Safety. Instructor will be required to comply with the Carisbad Parks & Recreation Department's Safety Rules and participate in the mandatory Contractor Instructional Services Agreement renewal meeting each year. (See 2011 Instructor Guidelines/Procedures Manual) Instructor is also required to (CAO Approved Version 11/1/2005) have all partidpants in dasses or camps sign in and out by an authorized adult if the participant is a minor. 4- Citv's Obligations. The City's obligations under this Agreement are as follows: a- Registration and Collection of Fees. The City's Parks & Recreation Department will process the registration forms and collect the registration fees from those who register for Instructor's course(s). Instructor may not collect registration fees on behalf of the City. Instructor is required to comply with the Parks &Recreation Department's registration policies. b. Course Roster. Prior to the first dass date, the City's Parks & Recreation Department will prepare a course roster for Instructor. Instructor will verify the information contained on the roster against actual attendance on the first dass date and report any discrepancies to the City's Parks & Recreation Department by the end of the next business day. The City's Parks & Recreation Department will then prepare a final roster, which will determine the payment for Instructor's services under paragraph 2. Instructor will not allow a person to participate in a course unless the person appears on the final course roster and has signed a liability waiver form. c. Course Advertisement. The City's Parks & Recreation Department will advertise the Instructor's course(s) in the 2012 Community Services Guide and in any other manner the City determines is appropriate. Instructor may also advertise Instructor's course(s) in any manner Instructor determines is appropriate, subject to the prior approval of the Parks & Recreation Director or a designated Recreation Manager or Supervisor. d. Attendance. Prior to the first class date of each course, the City's Parks & Recreation Department will prepare a dass attendance sheet. Instructor will mark each day's attendance on the dass attendance sheet and submit the completed attendance sheet to the City's Parks & Recreation Department at the end of the course. Sheets may be dropped in the fadlity mailbox prior to leaving for the evening on the last class of the course. 5. Use of Citv Fadlities. The City will allow Instructor to use the City fadlity(ies) identified in the Carisbad Community Services Guide on the day(s) and at the time(s) indicated. The City will also provide an on-site location for Instructor to receive messages from the participants in Instructor's course(s). The rules for use of the facility(ies) are contained in Exhibit "C." Instructor is responsible for ensuring Instructor, Instructor's assistant(s), and the participants in Instructor's course(s) are informed of and comply with these rules. If any injury, lost child, or property damage occurs during a dass or camp, Instructor must promptly report the injury, lost child, or property damage to the fadlity attendant on duty (after any necessary first aid or emergency services are rendered). The Contract Instructor Guidelines and Procedures Manual provides specific instructions on how to handle emergencies. The Instructor will also report as a witness on the injury/incident report. If there is no fadlity attendant on duty. Instructor must report the injury, lost child, incident, or property damage to the Parks & Recreation Director or a designated Recreation Manager or Supervisor immediately. (CAO Approved Version 11/1/2005) 6- Canceling CoursefsV The City's Parks & Recreation Director or a designated Recreation Manager or Supervisor, after first notifying Instructor, may cancel a course if the City does not receive registration forms and fees from the minimum number of at least 5 participants or the minimum specified in Exhibit "A" at least two days prior to the first dass date for a course. Instructor will not be compensated for any course canceled due to low enrollment. 7- Canceling or Rescheduling Class Date(s). Instructor may not cancel or reschedule a class date without the prior written approval of the City's Parks & Recreation Director or a designated Recreation Manager or Supervisor. 8- Termination of Agreement. This Agreement will terminate automatically upon the completion and/or cancellation of the course(s) listed in Exhibit "A," but by no later than 12/31/2012. The City may terminate this agreement at any time for instructor's nonperformance or unsatisfactory performance. In addition, either party may terminate this Agreement for any reason upon providing thirty (30) days written notice to the other. If the Agreement is terminated after a course is completed. Instructor will be paid for the course in accordance with paragraph 2. If the Agreement is terminated before a course is started. Instructor will not be paid for the course. If the Agreement is terminated after a course is started, but before it is completed. Instructor will be paid in accordance with paragraph 2, except that the payment will be prorated. 9- Status of Instructor and Instructor's Assistant(s). Instructor and Instructor's assistant(s) are independent contractors and not employees of the City. Instructor and Instructor's assistant(s) are not entitled to the rights or benefits afforded to City employees, induding disability or unemployment insurance, workers' compensation, health insurance,' sick leave, or any other employment benefit. Instructor is responsible for paying when due any wages owed to Instructor's assistant(s) as well as any taxes, unemployment insurance, and/or workers' compensation required by law for Instructor or Instructor's assistant(s). On request, Instructor will provide the City with proof of timely payment. Instructor agrees to indemnify, defend, and hold the City (induding its officers, employees, agents, volunteers, and elected offidals) harmless from all claims, demands, losses, damages, costs, expenses, obligations and liabilities, including attorney fees, caused by Instructor's failure to comply with this paragraph. Nothing in this Agreement predudes Instructor or Instructor's assistant(s) from periforming similar services for other entities. 10. Assignment or Delegation. Instructor may not assign any of Instructor's rights or delegate any of Instructor's duties under this Agreement to another party without the prior written approval of the City's Parks & Recreation Director. 11. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any prior oral or written agreement. This Agreement may not be modified except in a writing signed by both of the parties. (CAO Approved Version 11/1/2005) 12. Notices. Notices between the Instructor and the City may be made by either personal delivery or by first-dass mail. Mailed notices must be sent to the addresses listed in the introductory paragraph, unless changed in writing in accordance with this paragraph. Personally delivered notices will be considered communicated on the day they are actually received. Mailed notices will be considered communicated on the day they are actually received or five days after their mailing, whichever occurs first. Accepted and agreed: Instructor Name: Date By: Chris Stiles Presi By: Jeff Hef Treasul Skyhawks Sports Academy Inc. (Th^bove signatura(s)^must be notarized.) CITY: By: Chris hy&zeltinef*^— Date Parks &JJ^^tion Director NOTAHV PUBLIC Note: If Instructor is a corporation, this Agreement must be signed by: (1) the corporation's chairman, president or vice-president; and (2) the corporation's secretary, assistant secretary, chief financial officer, or assistant treasurer. OthenA/ise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal authorizing the ofi^lcer(s) signing this Agreement to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, gty Attorney Tfty Attorney (CAO Approved Version 11/1/2005) Skyhawks Sports Academy Camos Mini-Hawk This multi-sport program was developed to give 4 to 6 year-olds a positive first step into athletics. Baseball, basketball and soccer are taught in a safe, structured environment filled with encouragement & fun. Through games and activities campers will explore balance, hand/eye coordination and skill development at their own pace. No class on July 4, 2012. INSTRUCTOR: Skyhawks Age: 4-6 CLASS # TIME DAY DATE TERM PLACE R^ FEE (t-shirt included) 9:00am-12pm M-F Jun 18-22 5c Poin2 $139/149 9:00am-12pm T-F Jul 2-6 4c Aviara Baseball $111/121 9:00am-12pm M-F Jul 16-20 5c Poin3 $139/149 9:00am-12pm M-F Aug 6-10 5c Stage 3 $139/149 Skyhawks Multi-Sport - Basketball & Soccer This camp is designed to introduce athletes to a number of different sports in one setting. For this program we pair basketball and soccer into one fun-filled week. Athletes will learn the rules & essential skills of each sport along with vital life lessons such as respect and teamwork. ESfSTRUCTOR: Skyhawks Age: 6-12 CLASS # TIME DAY DATE TERM PLACE R/NR FEE (t-shirt included) 9:00am-12pm M-F Jun25-Jun29 5c Stage 1 $139/149 Skyhawks Multi-Sport - Soccer, Baseball & Basketball This camp is designed to introduce athletes to a number of different sports in one setting. For this program we pair soccer, baseball and basketball into one fun-filled week. Athletes will learn the rules & essential skills of each sport along with vital life lessons such as respect and teamwork. INSTRUCTOR: Skyhawks Age: 6-12 CLASS # TIME DAY DATE TERM PLACE R/NR FEE (t-shirt included) 9:00am-lpm M-F Jul 23-27 5c Aviara Soc $149/159 Skyhawks Multi-Sport - Soccer, Basketball & Baseball This camp is designed to introduce athletes to many different sports in one setting. For this program we pair soccer, basketball and baseball into one flin- filled week. Athletes will learn the rules & essential skills of each sport along with vital life lessons such as respect and teamwork. INSTRUCTOR: Skyhawks Age: 6-12 CLASS # TIME DAY DATE TERM PLACE R/NR FEE (t-shirt included) 9:00am-lpm M-F July 30-Aug 3 5c Aviara Soc $149/159 Skyhawks Multi-Sport - Soccer & Baseball Our Multi-Sport camp is designed to introduce athletes to a number of different sports in one setting. For this program we pair soccer & flag football into one fun-filled week. Athletes will learn the rules & essential skills of each sport along with vital life lessons such as respect and teamwork. INSTRUCTOR: Skyhawks Age: 6-12 CLASS # TIME DAY DATE TERM PLACE RTSfR FEE (t-shirt included) 9:00am-lpm M-F Aug 6-10 5c Aviara Soc $149/159 EXHIBIT "A" Skyhawks Sports Camps FUNdamental skills of various sports will be taught. These indude flag football, basketball, soccer, volleyball, and combo camps selected from these options. The Skills of each sport being taught indude but are not limited to: passing, dribbling, shooting, ball control, and tackling in an encouraging safe environment which are the key components of the camps. This camp will allow all skill level athletes to excel in future programs. Daily Work Out: Monday - Friday Camp will consist on a daily basis in teaching tlie fundamentals of various sports. Drills will consist of the multitude of skills that each sport requires for a full experience and enjoyment of the sports. Sprints and warm ups will be performed. The overall aspects of offensive and defense will be taught. Exhibit "B"