Skyhawks ~ CR210002 ~ Instructor Agreement Skyhawks 2021 CITY OF TIGARD-CONTRACT SUMMARY FORM
Contract Overview
Contract/Amendment Number: CR210002
Contract Start Date: 1 1 21 Contract End Date: 12 31 21
Contract Title: Skyhawks 2021
Contractor Name: Skyhawks
Contract Manager: Kaitlyn Leaf
Department: PW
Contract Costs
Original Contract Amount: 0
Total All Previous Amendments:
Total of this Amendment:
Total Contract Amount: 0
Procurement Authority
Contract Type: Instructor Agreement (Revenue).
Procurement Type: Choose an item.
Solicitation Number:
LCRB Date:
Account String: Fund-Division-Account Work Order—Activit):1=e Amount
FY N/A
FY
FY
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FY
Contracts & Purchasing Approval
Purchasing Signature:
Comments:This is a revenue agreement in which the City takes 25% of gross receipts.
Contract # CR210002
CITY OF TIGARD,OREGON
PARKS AND RECREATION
INSTRUCTOR AGREEMENT-SKYHAWKS 2021
THIS AGREEMENT made and entered into this 1'day of January, 2021 by and between the City
of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Skyhawks
hereinafter called Instructor, collectively hereinafter as the "Parties".
RECITALS
WHEREAS, City has need for the services of a company or individual with a particular training,
ability, knowledge, and experience possessed by Instructor, and
WHEREAS, City has determined that Instructor is qualified and capable of performing the
professional services as City does hereinafter require,under those terms and conditions set forth:
THEREFORE, the Parties agree as follows:
SCOPE OF WORK
Instructor shall initiate services upon receipt of City's notice to proceed together with an executed
copy of this Agreement. Instructor agrees to complete work that is detailed in Exhibit A— Scope of
Work and by this reference made a part hereof.
The instructor shall agree to follow the City's policies regarding cancellation,withdrawals,and refunds.
Cancellation of an activity must be made within 7 business days of the activity. Participants will be
notified by email or phone. A full refund shall be given to the participants.
If taking registrations, Instructor shall survey participants on how they heard of this opportunity and
share that information to the City.
EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon signature by both parties and shall expire, unless
otherwise terminated or extended, on December 31, 2021. All work under this Agreement shall be
completed prior to the expiration of this Agreement.
COMPENSATION
Instructor or City shall be responsible for the collection of any fees associated with the classes under
this Agreement. Instructor and City agree that the City shall be entitled to 20% percent of the gross
receipts for the class(es). Instructor shall provide a reconciliation and financial report of the gross
receipts for the class to the City's Recreation Coordinator along with invoice to the City for its
percentage of the receipts no later than 30 days following the class(es). Classes or activities that require
a City staff member to be present are subjected to the higher 30% collection.
The City may award scholarships to qualifying residents. These scholarships partially cover the cost
of a program put on through the City ranging from 25%, 50% or 75%. Any participate who would
like to use their scholarship must go through the City for registration. The Instructor shall either
invoice the City for the use of participates scholarships or it shall be deducted from payment, clearly
written into the fees.
CONTACT INFORMATION
All notices, bills, and payments shall be made in writing and may be given by personal delivery, mail,
or fax. The following addresses and contacts shall be used to transmit notices, bills, payments, and
other information:
CITY OF TIGARD SKYHAWKS
Attn: Kaitlyn Leaf Attn: Jason Frazier
Address: 13125 SW Hall Blvd Address: 9425 N. Nevada Suite 210
Tigard, OR 97223 Spokane,WA 99218
Phone: (503) 718-2604 Phone: (503) 319-5145
Email: kaitl nl ti ard-or. ov Email: jfrazier sk hawks.com
TIME IS OF THE ESSENCE
Instructor agrees that time is of the essence under this Agreement.
INSTRUCTOR AS INDEPENDENT INSTRUCTOR
Instructor acknowledges that for all purposes related to this Agreement,Instructor is and shall be deemed
to be an independent Instructor as defined by ORS 670.600 and not an employee of City, shall not be
entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for
all payments and taxes required by law. Furthermore,in the event that Instructor is found by a court of
law or any administrative agency to be an employee of City for any purpose,City shall be entitled to offset
compensation due, or to demand repayment of any amounts paid to Instructor under the terms of this
Agreement,to the full extent of any benefits or other remuneration Instructor receives (from City or third
party) as a result of said finding and to the full extent of any payments that City is required to make (to
Instructor or to a third parry) as a result of said finding. Instructor acknowledges that for all purposes
related to this Agreement,Instructor is not an officer, employee, or agent of the City as those terms are
used in ORS 30.265.
CITY OF TIGARD BUSINESS LICENSE
Instructor shall obtain,prior to the execution of any performance under this Agreement,a City of Tigard
Business License. The Tigard Business License is based on a calendar year with a December 31 expiration
date. New businesses operating in Tigard after June 30 of the current year will pay a pro-rated fee though
the end of the calendar year.
INDEMNIFICATION
City has relied upon the experience, ability, and training of Instructor as a material inducement to enter
into this Agreement. Instructor warrants that all its work will be performed in accordance with generally
accepted professional practices and standards as well as the requirements of applicable federal, state and
local laws,it being understood that acceptance of an Instructor's work by City shall not operate as a waiver
or release.
Instructor agrees to indemnify and defend the City, its officers, employees, agents and representatives
and hold them harmless from any and all liability,causes of action,claims,losses,damages,judgments or
other costs or expenses including attorney's fees and witness costs (at both trial and appeal level,whether
or not a trial or appeal ever takes place including any hearing before federal or state administrative
agencies) that may be asserted by any person or entity which in any way arise from, during or in
connection with the performance of the work described in this contract,except liability arising out of the
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sole negligence of the City and its employees. Such indemnification shall also cover claims brought against
the City under state or federal worker's compensation laws. If any aspect of this indemnity shall be found
to be illegal or invalid for any reason whatsoever,such illegality or invalidity shall not affect the validity of
the remainder of this indemnification.
INSURANCE
Instructor shall maintain insurance acceptable to City in full force and effect throughout the term of this
contract. Such insurance shall cover risks arising directly or indirectly out of Instructor's activities or work
hereunder.
The policy or policies of insurance maintained by the Instructor shall provide at least the following limits
and coverages:
A. Commercial General Liability Insurance — Instructor shall obtain, at Instructor's expense, and
keep in effect during the term of this contract,Comprehensive General Liability Insurance covering
Bodily Injury and Property Damage on an "occurrence" form (CG 2010 1185 or equivalent). This
coverage shall include Contractual Liability insurance for the indemnity provided under this contract.
The following insurance will be carried:
Coverage Limit
General Aggregate 3,000,000
Products-Completed Operations Aggregate 1,000,000
Personal&Advertising Injury 1,000,000
Each Occurrence 2,000,000
Fire Damage (any one fire) 50,000
B. Sexual Abuse/Molestation Liability Insurance
Consultant shall also obtain, at Consultant's expense, and keep in effect during the term of the
contract, Sexual Abuse/Molestation Liability coverage for work with youth under this Agreement.
The Combined Single Limit per occurrence shall not be less than$1,000,000.
C. Automobile Insurance—Automobile insurance is required,in accordance with the laws of the State
of Oregon, for any of Instructor's staff driving to and from class/activity locations. At any time,the
City reserves the right to ensure this clause is being followed, including requesting proof of
appropriate insurance coverage. The requirement of such insurance shall not be construed to limit
Instructor's liability hereunder. Notwithstanding said insurance,Instructor shall be obligated for the
total amount of any damage, injury, or loss caused by negligence or neglect connected with this
Agreement. Driving to and from the class/activity locations is distinct from, and not considered
driving required by this Agreement.
D. Workers' Compensation Insurance—The Instructor,its Subcontractors,if any,and all employers
providing work,labor, or materials under this Contract that are subject employers under the Oregon
Workers' Compensation Law shall comply with ORS 656.017, which requires them to provide
workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state
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employers must provide Oregon workers' compensation coverage for their workers who work at a
single location within Oregon for more than 30 days in a calendar year. Instructors who perform
work without the assistance or labor of any employee need not obtain workers' compensation
coverage. All non-exempt employers shall provide Employer's Liability Insurance with coverage
limits of not less than$1,000,000 each accident.
E. Additional Insured Provision—All policies aforementioned, other than Workers' Compensation
and Professional Liability, shall include the City its officers, employees,agents and representatives as
additional insureds with respect to this contract.
F. Insurance Carrier Rating — Coverages provided by the Instructor must be underwritten by an
insurance company deemed acceptable by the City. All policies of insurance must be written by
companies having an A.M.Best rating of"A-VII"or better,or equivalent. The City reserves the right
to reject all or any insurance carrier(s)with an unacceptable financial rating.
G. Certificates of Insurance — As evidence of the insurance coverage required by the contract, the
Instructor shall furnish a Certificate of Insurance to the City. No contract shall be effective until the
required Certificates of Insurance have been received and approved by the City. The certificate will
specify and document all provisions within this contract and include a copy of Additional Insured
Endorsement. A renewal certificate will be sent to the below address prior to coverage expiration.
H. Primary Coverage Clarification—The parties agree that Instructor's coverage shall be primary to
the extent permitted by law. The parties further agree that other insurance maintained by the City is
excess and not contributory insurance with the insurance required in this section.
I. Cross-Liability Clause—A cross-liability clause or separation of insureds clause will be included in
all general liability,professional liability, pollution and errors and omissions policies required by this
contract.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded
to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard, Oregon 97223
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized
representative of the issuing insurance company may be required to be forwarded to the above address.
Such policies or certificates must be delivered prior to commencement of the work. The procuring of
such required insurance shall not be construed to limit Instructor's liability hereunder. Notwithstanding
said insurance,Instructor shall be obligated for the total amount of any damage,injury,or loss caused by
negligence or neglect connected with this contract.
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TERMINATION
A. Parties' Right to Terminate for Convenience. This Agreement may be terminated with written
notice no later than 7 business days before activity.
B. City's Right to Terminate for Convenience. City may, at its sole discretion, terminate this
Agreement,in whole or in part,upon written notice.
AGREEMENT MODIFICATIONS
Modifications to this Agreement are valid only if made in writing and signed by all Parties.
OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of Instructor
which result from this Agreement,including any computations,plans,correspondence or pertinent data
and information gathered by or computed by Instructor prior to termination of this Agreement by
Instructor or upon completion of the work pursuant to this Agreement.
GOVERNING LAw
Instructor shall comply with all applicable federal, state and local laws; and rules and regulations on
non-discrimination in employment because of race, color, ancestry, national origin, religion, sex,
marital status,age,medical condition or disability. The provisions of this Agreement shall be construed
in accordance with the provisions of the laws of the State of Oregon. All provisions required by ORS
Chapters 279A, 279B, and 279C to be included in a contract of this type are incorporated into this
Agreement as though fully set forth herein. Any action or suits involving any question arising under this
Agreement must be brought in the appropriate court of the State of Oregon.
NON-DISCRIMINATION
Instructor agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Instructor also shall comply with the Americans with
Disabilities Act of 1990,ORS 659A.142,and all regulations and administrative rules established pursuant
to those laws.
BACKGROUND CHECKS
Instructor shall agree to conduct a criminal background check on all camp instructors,and also agrees to
cause subcontractors to conduct criminal background checks on any instructor assigned to Tigard. A list
of camp instructors and the date of last background check must be received by the City not less than one
(1)week prior to Instructor's or Instructor's employees'and/or subcontractors'performance of any work
under this contract.
Any crime, misdemeanor, infraction or otherwise noteworthy information reported on a background
check shall be reported to the City with the report data. Any background information that,in the sole
discretion of City, would disqualify Instructor or Instructor's employees and/or subcontractors from
performing or continuing to perform this contract or present unreasonable risk of liability to the City,
this shall constitute grounds for termination.
COMPLETE AGREEMENT
This Agreement and attached exhibit constitutes the entire Agreement between the parties. No waiver,
consent,modification,or change of terms of this Agreement shall bind either party unless in writing and
signed by both parties. Such waiver, consent,modification, or change if made, shall be effective only in
specific instances and for the specific purpose given.
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There are no understandings, agreements, or representations, oral or written, not specified herein
regarding this Agreement. Instructor, by the signature of its authorized representative, hereby
acknowledges that they have read this Agreement,understands it and agrees to be bound by its terms and
conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Instructor has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD INSTRUCTOR
By: Authorized City staff By: Authorized Agent of Instructor
03/10/2021 03/10/21
Date Date
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EXHIBIT A
SERVICES TO BE PROVIDED
PROJECT INTRODUCTION
The City is committed to providing residents with recreation activities that enhance our quality of life,
help us stay healthy and fit, and build relationships with family and friends.
SCOPE OF WORK
Instructor shall be responsible to hold the following classes at the dates, site options,and prices listed.
Instructor shall hold the class if the minimum number of participants indicated for each respective
activity register.
Next calendar year it is the cities goal to reserve facilities and publish activities for the calendar year,
contracts will be signed by the July 1 prior to the calendar year Qanuary 1-December 31).
1. Responsibility at camp
The City shall be responsible for reserving site locations for activity dates and times. Instructor
shall provide and be responsible for the following activities:
A. Instructor shall provide all instructors and equipment needed for the activities.
B. Instructor shall be responsible for the transport and storage of any equipment and supplies
needed at activities.
C. Instructor shall be responsible for participants during the activity hours listed and any
additional time necessary to ensure that all participants have been picked up, or otherwise
accounted for by a parent or guardian.
2. COVID-19 Protocols
The Instructor shall ensure that any and all OHA Guidelines related to the COVID-19
pandemic for their specific program are followed. In addition,the Instructor shall provide the
City with details on their COVID-19 protocols prior to the beginning of any activities under
this Agreement. At any point the City reserves the right to audit the events and make sure
proper protocols are being followed.
3. Background checks
Instructor shall provide a background check to the City of Tigard for any staff,volunteer, or
activity associate,paid or unpaid. Background checks must be completed and returned to the
City of Tigard no less than one week before activities are scheduled to begin. Background
Checks shall include the following:
A. Name of staff,volunteer, or other associate
B. Name of activity the staff,volunteer, or associate will be at
C. Date of last background check
D. Any crime,misdemeanor,infraction, or otherwise noteworthy information
4. Participant Information
Instructor will share the names,emails,phone numbers,and addresses,and other information
acquired from participants registered for activities.
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A. Instructor will list all classes pertaining to classes held in the City of Tigard on their website
and will promote these classes with their social media.
5. Invoice
A. City of Tigard will invoice Instructor no later than four weeks upon the start of classes.
B. Instructor will pay the City of Tigard no later than 30 days upon the completion of the
class.
JANUARY V—DECEMBER 31" PROGRAMMING
1. Locations
A. Cook Park
B. Jack Park
C. Metzger Elementary Park
D. Summerlake Park
E. Other
2. Classes
A. Flag Football Camp
i. Ages: 6-12
ii. Price: $179.00
B. Volleyball Camp
i. Ages:7-14
ii. Price: $135.00
C. Multi-Sport (dodgeball, basketball, frisbee)
i. Ages:6-12
ii. Price: $135.00
D. Mini-Hawk Camp (soccer,baseball, basketball)
i. Ages:4-7
ii. Price: $135.00
E. Baseball Camp
i. Ages:6-12
ii. Price: $135.00
F. Cheerleading Camp
i. Ages:5-11
ii. Price: $135.00
G. Basketball Class
i. Ages:7-12
ii. Price: $79.00
H. Lacrosse Camp
i. Ages:7-14
ii. Price: $135.00
I. Multi-Sport (dodgeball, ultimate frisbee)
i. Ages:6-12
ii. Price: $135.00
J. Tennis Clinic
i. Ages:6-12
ii. Prices: $79.00
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K. Tennis Camp
i. Ages: 6-12
ii. Prices: $135.00
L. Mini-Hawk Basketball
i. Ages:4-7
ii. Price: $59.00
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