CONTRACT 4785 Service Agreement CLOSEDAgreement No. 4785
Agreement No.
CONTRACT FOR SERVICES BETWEEN
THE CITY OF EL SEGUNDO AND
SERGIU BOERICA D.B.A JAGUAR TENNIS ACADEMY
This AGREEMENT is entered into this 1 s " day of October, 2014, by and between the CITY OF EL
SEGUNDO, a general law city and municipal corporation ( "CITY ") and SERGIU BOERIC;'A, an individual,
D.B.A. JAGUAR TENNIS ACADEMY ( "INSTRUCTOR ").
1. CONSIDERATION.
A. INSTRUCTOR and CITY agree to abide by the terms and conditions contained in this
Agreement;
B. INSTRUCTOR agrees to provide the Services listed below;
C. CITY will pay INSTRUCTOR seventy percent (70 %) of course registration fees less any
payments made to assistant instructors, if applicable, as consideration for this Agreement.
2. FACILITIES. CITY will provide the facilities needed to provide the Services below.
3. SCOPE OF SERVICES.
A. INSTRUCTOR will perform services listed in the attached Exhibit "A," which is incorporated
herein.
B. Class schedules will be determined by the parties on a quarterly basis.
C. The parties intend to have a class size of approximately one instructor to 16 students (1:16).
D. INSTRUCTOR will, in a professional manner, furnish all of the labor, technical, administrative,
professional and other personnel, all supplies and materials, equipment, printing, vehicles,
transportation, office space and facilities, and all other matters whatsoever, except as herein
otherwise expressly specified to be furnished by CITY, necessary or proper to perform and
complete the work and provide the services required of INSTRUCTOR by this Agreement.
4. CONTRACT CLASS AND PROGRAM POLICIES AND PROCEDURES. By executing this
Agreement, INSTRUCTOR agrees to comply with Recreation and Parks Department Policies and Procedures as
outlined in Exhibit "B."
5. FAMILIARITY WITH WORK By executing this Agreement, INSTRUCTOR represents that
INSTRUCTOR has
A. Thoroughly investigated and considered the scope of services to be performed;
B. Carefully considered how the services should be performed; and
C. Understands the facilities, difficulties, and restrictions attending performance of the services
under this Agreement.
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6. TERM. The tear, of this .Agreement will be from October 1, 2014 to September 30, 2015, unless
otherwise determined by written amendment between the parties, this Agreement will terminate in the following
instances:
A. Completion of the work specified in Exhibit "A ",
B. Termination as stated in Section 9.
7. TAXPAYER IDENTIFICATION NUMBER. INSTRUCTOR will provide CITY with a Taxpayer
Identification Number.
S. PERMITS AND LICENSES. INSTRUCTOR, at its sole expense, will obtain and maintain during the
terra of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with
the performance of services under this Agreement.
9. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without
cause. Notice of termination will be in writing.
B. INSTRUCTOR may terminate this Agreement at any time with CITY's mutual consent. Notice
will be in writing at least thirty (30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own
terms services similar to those terminated.
D. By executing this document, INSTRUCTOR waives any and all claims for damages that alight
otherwise arise from CITY's termination under this Section.
10. INDEMNIFICATION.
A. INSTRUCTOR indemnifies and holds CITY harmless from and against any claim, action,
damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising; out of
this Agreement, or its performance. Should CITY be named in any suit, or should any claim be
brought against it by suit or otherwise, whether the same be groundless or not, arising out of this
Agreement, or its performance, INSTRUCTOR will defend CITY (at CITY's request and with
counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or
any sums paid out in settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents,
representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing; provisions will survive termination of
this Agreement.
D„ The requirements as to the types and limits of insurance coverage to be maintained by
INSTRUCTOR as required by Section 13, and any approval of said insurance by CITY, are not
intended to and will not in any manner limit or qualify the liabilities and obligations otherwise
assumed by INSTRUCTOR pursuant to this Agreement, including, without limitation, to the
provisions concerning indemnification.
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Agreement No. 4785
11, INDEPENDENT INSTRUCTOR. CITY and INSTRUCTOR agree that INSTRUCTOR will act as an
independent contractor and will have control of all work and the manner in which is it performed.
INSTRUCTOR will be free to contract for similar service to be performed For other employers while under
contract with CITY. INSTRUCTOR is not an agent or employee of CITY and is not entitled to participate in
any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this
Agreement that may appear to give CITY the right to direct INSTRUCTOR as to the details of doing the work
or to exercise a measure of control over the work means that INSTRUCTOR will follow the direction of the
CITY as to end results of the work only.
12. AUDIT OF RECORDS.
A. INSTRUCTOR agrees that CITY, or its designee, have the right to review, obtain, and copy all
records pertaining to the performance of this Agreement. INSTRUCTOR agrees to provide
CITY, or designee, with any relevant information requested and will permit CITY, or designee,
access to its premises, upon reasonable notice, during normal business hours for the purpose of
interviewing employees and inspecting and copying such books, records, accounts, and other
material that may be relevant to a matter under investigation for the purpose of determining
compliance with this Agreement. INSTRUCTOR further agrees to maintain such records for a
period of three (3) years following final payment under this Agreement.
B. INSTRUCTOR will keep all books, records, accounts and documents pertaining to this
Agreement separate from other activities unrelated to this Agreement.
13. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this Agreement is
effective, INSTRUCTOR will procure and maintain the following types of insurance with
coverage limits complying, at a minimum, with the limits set forth below:
Tyne of Insurance Limits combined single)
Commercial general liability: $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance must meet or exceed the requirements of the most recent
ISO -CGL Forth. The amount of insurance set forth above will be a combined single limit per
occurrence for bodily injury, personal injury, and property damage for the policy coverage.
Liability policies will be endorsed to name CITY, its officials, and employees as "additional
insureds" under said insurance coverage and to state that such insurance will be deemed
"primary" such that any other insurance that may be carried by CITY will be excess thereto.
Such insurance must be on an "occurrence," not a "claims made," basis and will not be
cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.
C. INSTRUCTOR will furnish to CITY duly authenticated Certificates of Insurance evidencing
maintenance of the insurance required under this Agreement, endorsements as required herein,
and such other evidence of insurance or copies of policies as may be reasonably required by
CITY from time to time. Insurance must be placed with insurers with a current A.M. Best
Company Rating equivalent to at least a Rating of "A-VII." Certificate(s) must reflect that the
insurer will provide thirty (30) day notice of any cancellation of coverage. INSTRUCTOR will
require its insurer to modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete
the word "endeavor" with regard to any notice provisions.
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D. Should INSTRUCTOR, for any reason, fail to obtain and maintain the insurance required by this
Agreement, CITY may obtain such coverage at INSTRUCTOR's expense and deduct the cost of
such insurance from payments due to INSTRUCTOR under this Agreement or terminate.
14. NOTICES, All communications to either party by the other party will be deemed made when received by
such party at its respective name and address as follows:
CITY_ INSTRUCTOR
City of El Segundo Sergiu Boerica D.B.A Jaguar Tennis Academy
Recreation &. Parks Department 906 E. Imperial Ave. #1
Attn: City Clerk El Segundo, CA. 90245
350 .Main St. Phone: 310 -227 -4405
El Segundo, CA 90245
Phone: 310 -524 -2702
Any such written communications by snail will be conclusively deemed to have been received by the addressee
upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all
other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names
or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this
paragraph.
15. SOLICITATION. INSTRUCTOR maintains and warrants that it has not employed nor retained any
company or person, other than INSTRUCTOR's bona tide employee, to solicit or secure this Agreement.
Further. INSTRUCTOR warrants that it has not paid nor has it agreed to pay any company or person, other than
INSTRUCTOR's bona tide employee, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement. Should
INSTRUCTOR breach or violate this warranty, CITY may rescind this Agreement without liability.
16. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws
of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles
County.
17. COMPLIANCE WITH LAW. INSTRUCTOR agrees to comply with all federal, state, and local laws
applicable to this Agreement including, without limitation, the Americans with Disabilities Act ( "ADA ").
18. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the
parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.
There is one (1) Attachment to this Agreement. This Agreement will bind and inure to the benefit of the parties
to this Agreement and any subsequent successors and assigns.
19. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision
of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will
govern and control.
20. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement
with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with
its fair meaning; it will not be interpreted strictly for or against either Party.
21. SEVERABILITY. IF any portion of this Agreement is declared by a court of competent jurisdiction to be
invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of
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the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement
will continue in full force and effect.
22. AUTHORITY /MODIFICATION. The Parties represent and warrant that all necessary action has been
taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described
herein. This Agreement maybe modified by written amendment. CITY's city manager, or designee, may execute
any such amendment on behalf of CITY.
23, ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements
ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be
considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile
signature will be treated in all respects as having the salve effect as an original signature.
24. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first
hereinabove written.
CITY OF EL SEGUNDO,
ATTEST:
Try y c
Ci Clerk
APPROVED AS TO FORM;
MARK D. HENSLEY, CITY ATTORNEY
Sergiu Boerica,
an individual, D.B.A, Jaguar Tennis Academy
Taxpayer ID No.95- 4237739
By. ..�_...... -, .�
�... .
�, ar I H. e � term
Assistati ,ity Ationiey
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Scope of Services — Exhibit "A"
INSTRUCT OR agrees to provide the following services at CITY's Recreation Park located at 401 E. Sheldon:
1. Certified and trained coaching for various adult and youth tennis classes;
2. City may allow one yearly tennis tournament in December over two weekends. Tournament will be
coordinated with Recreation Staff.
CITY will pay INSTRUCTOR 70% of class registration fees less payments made to assistant instructors, if
applicable.
CITY maintains certain performance standards that CONTRACTOR must meet each class session. The criteria
required must meet the minimums outlined below.
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CONTRACT CLASS AND PROGRAM
POLICIES AND PROCEDURES — Exhibit "B"
Performance Policies:
1. Report to work as scheduled. Allow ample time (minimum of 15 minutes) for preparation and clean -up;
your class /es should start and end at the designated class times.
2. If unable to work, any substitutes or assistants must be authorized contractors with the City of El
Segundo and must have a current signed contract on file in the Recreation Division office.
3. Dress appropriately: closed -toe shoes (sandals or aqua footwear for aquatics staff - bare feet are
permitted on pool deck). Shorts must be of an appropriate length, no inappropriate logos or slogans.
Dress in a manner which facilitates your ability to conduct your program.
4. Instructors must act in a professional and appropriate manner at all times.
5. Profanity, slang, and derogatory, sexual, religious, and/or ethnic comments are prohibited.
C. No alcoholic beverages or tobacco are allowed on CITY property.
7. No transporting of participants /students in personal vehicles.
8. CITY facilities (and /or joint use facilities) are not to be used for paid private instruction unless fully
executed contract or license agreement is in place.
Participant Emerizency Procedures:
I . Administer first aid only if you are certified to do so.
2. Only basic first aid treatment is authorized, regardless of your personal training, if you have questions
regarding first aid procedures, discuss with the Recreation and Parks Supervisor prior to working,
3. For serious situations call 911 for Paramedics, Fire, and Police.
4. Do not move injured patrons, unless required to do so For their safety.
5. Accident/Incident Reports - Immediately notify office staff, Supervisor and/or the Recreation
Department Superintendent and /or Director of all accidents or incidents. These reports are to be
completed by City staff, not the patron or contractor. Contractor is responsible for notifying staff
about all emergencies and incidents.
Equipment, Supplies, Facilities:
1. CITY facilities may be utilized for your class only at the designated class date and time, at the
designated class location, unless otherwise authorized,
2. Class equipment and supplies should be maintained in safe operating condition.
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Agreement No. 4785
a. Report all unsafe conditions with CiTY equipment"facilities to Supervisor via Accident /Incident
Report form.
Course Management*
Only those students enrolled with the CITY of El Segundo Recreation and Parks Department may
participate in your class. Only those students registered with the CITY have signed release
forms /indemnity clause and/or are entered on CITY and/or Southern California Municipal Athletic
Federation (SCMAF) insurance programs.
2. Class rosters are to be obtained From your Supervisor or designated CITY staff by the first day of class.
Established minimum number of participants must be registered in each class by completion of first
class session or class is subject to cancellation.
3. Student rosters with names and addresses should not be shared with others.
4. Contractors may request a one -day "Guest Pass" for individuals not currently enrolled. Recreation Staff
reserve the right to approve or disapprove guest pass requests.
S. Students must attend program class /dky/time they are enrolled in.
6. Makeup classes should be scheduled through Contractor, pending site availability.
7. If Contractor is unavailable, Contractor may use a substitute instructor. Substitute instructors must be
contracted by the CITY of El Segundo to instruct the specified program or activity. The contract mast
be fully processed through the Recreation Division for current fiscal year.
8, If Contractor or a substitute is unavailable to instruct a class, the class may not meet or rehearse,
regardless of the age of the students. No instructors in- training, guest leaders, or any other type of
substitute instructor is allowed unless the substitute holds a current contract with CITY for the specified
program or activity.
9. Instructors may not permit siblings, friends, family members to participate in and /or assist (without
proper registration) with set-up/instruction/clean-up of the class.
CONTRACTOR invoices:
1. Payments will be issued based upon the Recreation Parks /Accounts Payable deadlines.
2. Invoices may be submitted within two weeks before the end of each class session. However, payments
will not be released until the class has completed.
Invoices must be accurate and supported by department - issued computerized rosters. Invoices will be
reviewed and authorized by the Recreation and Parks Supervisor prior to payments. Incomplete and/or
inaccurate invoices will be returned to the Contractor for revisions.
a. Before submitting an invoice, Contractor must request a current roster from designated
Department staff.
Roster is to be dated within 2 lyusiness days, prior to end class _session date..
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Fees:
1. Any material fees, leagate fees, meet fees, etc. must be included in the course fee. The Recreation and
Parks Department reserves the right to audit the Contractor's records.
2. Contractors may not collect class registration fees. To enroll, patrons must contact the Recreation and
Parks Department and complete a class registration form including indemnification clause.
3. Refund and Credit Requests must be made within the first two classes of the session and approved by
the Supervisor. A $l0 Administrative Fee will be charged for all refunds. However, the Administrative
Fee will be waived if credit requests are made in lieu of refunds and applied to account for future
registrations, The Administrative Fee will also be waived for any pro-rata refunds made under Section
15 of the Agreement due to instructor unavailability.
4. No discounts or fee waivers can be permitted to obtain program enrollment (see Course Management
#1).
Advertisin2, Publicitv, Web Sites:
All web sites, publicity and/or advertising for Contractor's class must be a1wroved by the CITY's
Sugervixor,
1. The following information must be listed on all program material:
a. The class name and the name of the instructor,
b. A statement that the instructor's class is made available through the City of El Segundo
Recreation and Parks Department
c. Registration is available at the Checkout Building in Recreation Park, 401 Sheldon Street,
George E. Gordon Clubhouse, 300 E Pine Avenue and the Joslyn Center, 339 Sheldon Street.
d. For more infortnation call the Recreation and Parks Department at (310) 524-2700,
e. Address/location of program
2. The City of El Segundo will advertise your program via quarterly Recreation Brochures. Contact the
Recreation and Parks Supervisor for more information.
As a Contractor with the CITY of El Segundo Recreation and Parks Department, I have read the above
and understand that any deviation from these policies and procedures may affect the status of my
contract.
SE P,6 y 6of-?-ic-A �7.
I-J3 -2-o14
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Contractor Name (Print) Signature Date
.4 copy cif this Instructor Agreement, including Exhibits "A" and "B" will he forwarded for your files once
Agreement has beery finally executed.
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