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HomeMy WebLinkAboutAGMT - Total Sports Camp • -7f0" 3o Seal Beach Recreation and Community Services 211 Eighth Street, Seal Beach, CA 90740 1 1:6' Office (562) 431 -2527, 1306 Fax (562) 430 -3498 O z . • PROGRAM SPECIALIST R�c e, r , 2, . • . INSTRUCTOR CONTRACT AGREEMENT X0 9 The Seal Beach Recreation and Community Services Department hereby enters into a CY VP?. Contract Agreement with: — .7G�— �1 �2 ( ®4C() Crrfr CGt ►'h p for services teaching: `j pc, r CGt vV(e Class number(s): DESIGNATED REPRESENTATIVE(S). scar V 2-0 shall be the designated Contractor Representative, and shall be responsible for job performance, negotiations, contractual matters, and coordination with the City. Contractor's professional services shall be actually performed by the Contractor Representative. HOLD HARMLESS. Contractor shall be responsible for any and all injuries to or death of any person, and for ny and all damage to any and all real or personal property including City's or others, caused by or resulting _nom any acts, errors or omission of Contractor, its employees or its agents arising out of or connected with rendition of services hereunder. Contractor shall defend, hold harmless and indemnify City and its officers and employees from any and all liability claims, including costs, for damages to real or personal property, or personal injury or death, resulting from Contractor's, its employees or agent's acts, errors or omissions arising out of or connected with rendition of services hereunder. • INSURANCE COVERAGE REQUIPRED: The policies and amouuits of insurance required hereunder shall be as follows: 1. General Liability: One Million Dollars ($1,000,000.00) single limit, per occurrence. If comznercial general liability insurance or other fora with a general aggregate limit is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be three times the occurrence limit. 2. General Requirements: Without limiting its obligations pursuant to Paragraph 2 of this Agreement, Contractor shall submit one or more duly executed certificates of insurance for Comprehensive General Liability in the minimum amount of One Million Dollars ($1,000,000) single limit coverage. INDEPENDENT CONTRACTOR STATUS. City and Contractor agree Contractor, in performing the services herein specified, shall act as an independent Contractor and shall have control of all work and the manner in which it is performed. Contractor is not an agent or employee of City, and is not entitled to participate in any snsion plan, insurance, bonus or similar benefits City provides for its employees. • 1 RECORDS AND INSPECTIONS. Contractor shall maintain full and accurate records with respect to all •rvices and matters covered under this Agreement. EQUIPMENT & LABOR: Contractor shall furnish all tools, equipment, apparatus, supplies and materials unless otherwise mutually agreed by the City. Contractor assumes all risk of loss, damage or harm to such equipment or materials arising in connection with this agreement. Contractor shall perform the services under this agreement in a skillful and competent manner and shall abide by all laws in doing so. SUBCONTRACTORS: In the event a Contractor will not be able to teach class due to Contractor's illness, or some other reason beyond the control of Contractor, Contractor will implement the following procedure: A. Contractor will procure a substitute Contractor equally or better qualified to instruct class at the prescribed time and place. Subcontractors must meet fingerprinting requirements. B. Contractor will notify assigned designated staff regarding the substitute's name, qualifications, address and phone. Payment to subcontractor shall be the responsibility of Contractor. C. If a substitute cannot be procured, then the class will be canceled and a make up class added to the end of the session. Contractor will be responsible for notifying the students of the cancellation. SUPERVISION: Contractor agrees to establish appropriate rules for conducting the class and to assume responsibility for student discipline to ensure adequate protection of students and facility. FACILITY: Contractor understands City is a public entity under its Charter and the Constitution of the State of California, and City's purpose in engaging Contractor is to provide its residents with recreational activities in a manner that will foster a sense of community, security, fun, and fair play. Contractor agrees to conduct himself/ '"erself in a manner that will further these goals. Contractor further acknowledges failure to do so will result in _�nrnediate termination of this agreement. COORDINATION OF WORK: Contractor agrees to coordinate with City's specified time(s) and date(s) in order to avoid conflict of use. It is agreed the resolution of any conflict is at the sole discretion of the City's Parks, Recreation and Community Services Director or his/ her designee. Contractor agrees to work with assigned City staff to maintain accurate enrollment records. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty -days' (30- days') written notice. QUICK REMINDERS: • At all times, avoid being alone with any child. • Do not initiate physical contact with a child i.e. hugs • Children should never sit on instructors lap • Do not physically restrain or pick up a child (unless it is a part of the class) • Contractors CAN NOT transport any participant at any time. Keys Issued: MCC SBC SC BB H Gym Other None / � Tnsti Signature A � . Address D CA 907 510 • • City, Zip / C A 9c) .. Acme Phone: i 161 1 63611 Phone: L a t 9 C G 3 L E -mail Address: 2( ..6 — ; A u( O t a G - C-(Th t 1 Social Security or Tax 1. D. # - Eig0 Recreation Staff �" � `` L / t /owl (Signature/Date) Monday December 7th - Friday March 12 "Sport of The Day ": Basketball, Soccer, Baseball, Flag Football and Combination Class! 6 Week and 12 Week Sessions! 6 Week Session is Dec. 7- January 9 Full 12 Week Session is Dec. 7 -March 12 Scott Durzo's Total Sport Camp Scott Durzo and his staff return to McGaugh Gym and Fields with "Sport of the Day ", in which your child will be instructed in 2 or more sports per day which will include drills and games. Emphasis is placed on good sportsmanship, learning, and encouraging your child to do his or her best! Staff is well trained and has a positive approach to teaching your child! Other fun activities are planned and all kids will enjoy themselves and feel good about playing! Kindergarteners 1:15- 2:15P* Monday, Tuesday, Thursday and Friday 1 5 Graders 2:15- 3:15P* Monday, Tuesday, Thursday and Friday All Grades on Wednesdays from 1- 3:15P* *15- minute grace period for pick -up after class © No classes: January 18, Feb 8 Feb 15 Minimum Day Schedule: March 8 -12 / Camp is open from 1P -3:30P 6 Weeks 12 Weeks Monday - Friday _ $360 $700 Any 4 days, except 300 $575 Wednesdays Any 3 days, except 240 475 Wednesdays _ Any 2 days, except 180 350 Wednesdays Wednesdays Only 150 300 • • RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Seal Beach 211 Eighth Street Seal Beach, California 90740 Exempt from fees per Government Code § 27383 (space above for recorder's use) FIRST AMENDMENT TO FACILITIES LICENSE AGREEMENT THIS FIRST AMENDMENT TO FACILITY LICENSE AGREEMENT ( "Amendment ") is made and entered into as of this 13 day of October, 2008 ( "Effective Date "), by and between the City of Seal Beach, a California municipal corporation ( "City "), and Total Sports Camp, Incorporated ( "TSC "), a California Public Benefit Corporation; collectively the "Parties ". RECITALS 1. City and TSC are parties to a Facilities License Agreement, dated October 24, 2007 ( "License "), whereby the City licenses to TSC use of the gymnasium at McGaugh Elementary School, 1698 Bolsa Avenue, Seal Beach on the terms and conditions stated in the License. 2. City and TSC desire to amend the License on the terms and conditions herein. NOW THEREFORE, CITY AND TSC AGREE AS FOLLOWS: AMENDMENT Section 1 Section 2.1, of the License is hereby amended to read as follows: "2.1 Monthly Fee. In consideration of the license granted by City, TSC shall pay to City a monthly fee, due on or before the first day of the month. For the period starting November 1, 2007 and ending March 31, 2008, the monthly fee shall be $1,000. For the period beginning April 1, 2008 and ending March 31, 2009, the monthly fee shall be $625. For the period beginning April 1, 2009 and until termination of this License, the monthly fee shall be $1,000." Section 2 Except for the amendments expressly made herein, the Amended Development Agreement remains unmodified and in full force and effect. 1 of 2 - \v.doc • IN WITNESS WHEREOF, the parties have executed this Amendment as of the Effective Date. CITY OF SEAL BEACH By: f�- David N. Carmany, City Manager TOTAL SP • ' S CAMP � o � 1 �P B y: AI I Scott Durzo, Program Director WITNESSE : By: , y1A k0.0 Linda Devine, City Clerk APPROV : AS TO FO's By: — / At dAd %d_ Quinn M. Barrow, City Attorney 2 of 2 - \v.doc