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HomeMy WebLinkAboutReso 03-18 Contract Instructor Services Agreements with Akshay DBA Arora Tennis, Edge Gymnastics, Kidz Love Soccer and Make Me a Pro Sports RESOLUTION NO. 03 - 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 proposal 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 executed 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: Councilmembers Biddle, Goel, Gupta and Hernandez, and Mayor Haubert NOES: ABSENT: ABSTAIN: 4/ 1-111-) ayor ATTEST: Cyr City Clerk Reso No. 03-18, Adopted 1/9/2018, Item No. 4.4 Page 1 of 1 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. Scone 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 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 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. Assianment 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. Jnsurance. 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 Eaual 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 Reauirements. 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. Finaerorint Reauirements. 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. Aareement 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 Arora Tennis & Fitness Attn: Parks and Community Services Director Attn: Akshay Arora 100 Civic Plaza 3169 Ridgefield Way Dublin, CA 94568 Dublin, Ca 94568 Phone: (925) 833-6645 Phone: (925)699-7794 24. Jntegratioa. 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: James M. Rodems, Parks and Community Services Director Printed Name: Title: Agreement for Contract Instructor Services 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): 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 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 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: <-513, 01 By:e _. James M. Rodems, `` ,. 1. i. Parks and Community Services Director Printed Name: '1 � tip">�T t �'L tJ� �-y% Title: ( ' 1,1 Ct ( "`(4. #1_G"L "• *c ,.-- Agreement for Contract Instructor Services L-11/IPYERS Workers' Compensation and Employers Liability Insurance Policy EMPLOYERS PREFERRED INS. CO. Policy Number From olicy Period A Stock Company EIG 2113816 03 06/09/2017 06/09/2018 12 01A.M.$tand rd Tj is at the:tierces of the Insured ss stated wherein 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 CENTE NORTH RANCH INS SVCS INC 6860001 6780 SIERRA COURT #K 32110 AGOURA RD DUBLIN CA 94568 WESTLAKE VILLAGE, CA 91361 Telephone: 8008012300 Customer# Carrier# 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 (5198 Ed.) Page 1 of 2 AC' ROR1 CERTIFICATE OF LIABILITY INSURANCE DATE(MMMDD1YYYY) ��- 04/19/2017 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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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. PHONE FAX 1-260-459-5940 N ,Est): , o), 1712 Magnavox Way E-MAIL Fort Wayne IN 46804 ADDRESS: info@gymnasticsinsurance-kk.com PRODUCER CUSTOMER ID: INSURER(S)AFFORDING COVERAGE NAIC A INSURED 2000011182 CP#603 INSURER A: Nationwide Mutual Insurance Company 23787 Edge Gymnastics Training Center LLC INSURER 8: 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 ' SUER POLICY NUMBER POLY EFF POLICY EXP UNITS LTR f14D WVD (MJADO/YYYY) (MMIDD7YYYY) A X COMMERCIAL GENERAL LIABILITY X 6BMAS0000005930300 12/11/16 12/11/17 EACH OCCURRENCE $1,000,000 CLAIMS-MADE I X l OCCUR 12:01 AM 12:01 AM DAMAGE TO RENTED $300,000 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 PROJECT LOC PRODUCTS–COMP/OP AGG $1,000,000 OTHER: PROFESSIONAL LIABILITY $1,000,000 LEGAL LAB TO PARTICIPANTS $1,000,000 A AUTOMOBILE LIABILITY 6BMAS0000005930300 12/11/16 12/11/17 COMBINED SINGLE LIMIT(Ea $1,000,000 12:01 AM 12:01 AM accident) ANY AUTO BODILY INJURY(Per person) OWNED SCHEDULED BODILY INJURY(Per accident) AUTOS ONLY AUTOS ( HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per accident) X Not provided while in Hawaii UMBRELLA OCCUR EACH OCCURRENCE LAB EXCESS LIAR CLAIMS-MACE AGGREGATE _ DED RETENTION WORKERS COMPENSATION N/A PER STATUTE' OTHER AND EMPLOYERS'LIABILITY — ANY PROPRIETOR/PARTNER/ Y J N EL EACH ACCIDENT EXECUTIVE OFFICER/MEMBER EXCLUDED?(Mandatory In NH) EL DISEASE–EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE–POLICY LIMIT A MEDICAL PAYMENTS FOR PARTICIPANTS 12/11/16 12/11/17 PRIMARY MEDICAL 6BMAS0000005930300 12:01 AM 12:01 AM EXCESS MEDICAL $150.000 DESCRIPTION OF OPERATIONS.'LOCATIONS i 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 4r41-0- ZI / ©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. CP#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 will in whole or in part, 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 your premises owned by or 2. Available under the applicable Limits of 2. In connection with Y p y Insurance shown in the Declarations; rented to you. whichever is less. However: 1. The insurance afforded to such additional This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. insured only applies to the extent permitted by 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 0 • 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. ll 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 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. 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 Services 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 Penai 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: INSTRUCTOR/BUSINESS: By: C _-� Y.v1 Gr�?�c By: James M. Rodems, /� r Parks and Community Services Director Printed Name: /1prV" V 14 I Title: f err, Mc/n .7 / Agreement for Contract Instructor Services