Agreement - Youth Evolution Basketball - Contract No. 23REC1040-1 - Recreation Independent Contract Instructor - Signed 2023-09-01City of Gilroy
Agreement/Contract Tracking
Today’s Date:
September 5, 2023 Your Name: Adam Henig
Contract
Type:
Other (Non-Standard contracts
must be reviewed by the City
Administrator prior to initiating)
Phone Number: 408-846-0577
Contract Effective Date:
(Date contract goes into effect)
9/1/2023
Contract Expiration Date: 12/31/2024
Contractor / Consultant Name:
(if an individual’s name, format as
last name, first name)
Youth Evolution Basketball
Contract Subject:
(no more than 100 characters)
Recreation Independnet Contract Instructor
Contract Amount:
(Total Amount of contract. If no
amount, leave blank)
By submitting this form, I confirm
this information is complete:
Date of Contract
Contractor/Consultant name and complete address
Terms of the agreement (start date, completion date or “until
project completion”, cap of compensation to be paid)
Scope of Services, Terms of Payment, Milestone Schedule and
exhibit(s) attached
Taxpayer ID or Social Security # and Contractors License # if
applicable
Contractor/Consultant signer’s name and title
City Administrator or Department Head Name, City Clerk
(Attest), City Attorney (Approved as to Form)
Routing Steps for Electronic Signature
Risk Manager
City Attorney Approval As to Form
City Administrator or Department Head
City Clerk Attestation
DocuSign Envelope ID: E87C85D9-BDC7-405E-8042-00361F2226E5
FIRST AMENDMENT TO THE AGREEMENT WITH YOUTH EVOLUTION
BASKETBALL FOR CONTRACT BASKETBALL CLASSES AND CAMPS SERVICES
THIS FIRST AMENDMENT TO THE AGREEMENT (this “First Amendment”), by and
among the CITY OF GILROY, a California municipal corporation (“CITY”), and Youth Evolution
Basketball, a California nonprofit corporation (“INSTRUCTOR”), is entered into as of September
1, 2023. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them
in that certain Agreement for Services, effective August 1, 2022 (the “Agreement”), by and
between the CITY and INSTRUCTOR.
RECITALS
WHEREAS, the CITY and INSTRUCTOR entered into the Agreement, whereby the
INSTRUCTOR provides contract programs instruction for youth basketball classes and camps;
and
WHEREAS, the Agreement had an initial term through December 31, 2024; and
WHEREAS, CITY and INSTRUCTOR desires to amend the Agreement with
modifications to the Term, Registration and Program Administration, and Compensation sections
of the Agreement, subject to the terms and conditions stated herein.
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE
RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE
PARTIES AGREE TO AS FOLLOWS:
1. Incorporation of Recitals. The foregoing recitals are agreed to, accepted and
incorporated herein by reference.
2. Amended Term of Agreement. Section 15, entitled “Agreement
Commencement/End" is amended to read as follows:
This Agreement will commence upon the date the parties execute this Agreement (if signed
on different dates, the later date shall govern). This Agreement will expire on the ending
date of the Program, December 24, 2024, unless terminated earlier as provided herein.
3. Registration and Program Administration. Section 5.6, to be entitled
“Registration and Program Administration” is added to read as follows:
The following table identifies either the CITY or INSTRUCTOR as the responsible party
for the below tasks (X = responsible party; N/A = Not Applicable).
RESPONSIBILITIES CITY INSTRUCTOR
PRE-SEASON
Producing and distributing program
marketing materials X N/A
Advertising on Peachjar X N/A
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RESPONSIBILITIES CITY INSTRUCTOR
Recruit volunteer coaches X X
Host a volunteer coaches meeting X X
Manage volunteer application process
including DOJ background check X N/A
Host a coach’s basketball clinic N/A X
Manage participant registration X N/A
Create teams according to age group X N/A
Create team schedules X N/A
SEASON
Provide facility for practice and games X N/A
Order jerseys through Score Sports X N/A
Officiating games on Saturday N/A X
Coach teams that do not have coaches N/A X
Provide and store equipment (i.e., balls,
bags, whistles, etc.) X N/A
Organize team pictures X X
Order team medals X N/A
Setup and break down equipment on
Saturdays X X
Staff all games X X
Set up and close gym for 10 practices; each
party will lead 5 practices X X
4. Compensation. Section 5.5, entitled “Compensation” is hereby amended to read
as follows:
CITY will compensate INSTRUCTOR for services to be provided hereunder as follows:
a. INSTRUCTOR will be paid for services rendered under this agreement: thirty
percent (30%) of the registration fees received for the Program conducted by
INSTRUCTOR. The remaining seventy percent (70%) of fees for Program will
be retained by the CITY to offset program costs, including administration,
registration, facility rental, utilities, volunteer fingerprinting fees, publicity, activity
guide, postage, insurance.
b. INSTRUCTOR payment shall not include the additional non-resident fee and youth
scholarship fee. INSTRUCTOR will be paid in full after the season, unless
otherwise determined by the Designative Representative. Payment amount will be
determined by the number of participants registered for the program.
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5. Counterparts. This Amendment may be executed in one or more facsimile or
original counterparts, each of which shall be deemed an original and both of which together shall
constitute one and the same instrument.
6. Ratification. All other terms and provisions of the Agreement shall remain in full
force and effect.
7. Authorization. Each party executing this Amendment represents and warrants that
it is duly authorized to cause this Amendment to be executed and delivered.
IN WITNESS WHEREOF, the parties execute this Amendment as of the date first written above.
INSTRUCTOR:
CITY:
YOUTH EVOLUTION BASKETBALL
CITY OF GILROY
a municipal corporation
By: _____________________________ By:_____________________________
Carlos Bedolla
Administrative Coordinator
Jimmy Forbis
City Administrator
ATTEST:
By: _________________________________
City Clerk
_________________________________
Date
DocuSign Envelope ID: E87C85D9-BDC7-405E-8042-00361F2226E5
9/18/2023
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CITY OF GILROY
RECREATION DIVISION
AGREEMENT FOR CONTRACT PROGRAMS INSTRUCTION
1. Parties. The parties to this Agreement are:
1.1 Instructor Youth Evolution Basketball an independent contractor who will provide services
to the City as a skilled instructor (“Instructor.”)
1.2 City of Gilroy, a municipal corporation (“City.”)
2. Instructor Services.
2.1 Instruction: Instructor will conduct the program(s) (“Program”) as described below and in
the activity guide on behalf of the City’s Recreation Division in accordance with all
ordinances, policies and regulations of the City.
2.2 Program Information: Instructor will submit program information prior to the established
deadline for publication in the seasonal Activity Guide. Failure to submit information in a
timely manner may result in cancellation of the class.
2.3 Attendance: Instructor will be present and prepared to teach at each scheduled class.
Absences must be communicated to a designated Recreation Division staff representative
(“Designated Representative”), and must be preceded by not less than 48 hours advance
notice. In the event of an absence, Instructor shall make an effort to offer a make-up class
(es) at a convenient time. All services are to be provided by Instructor; substitute instructors
shall not be utilized without advance written permission to the Designated Representative. If
the instructor is unable to make up a class(es) and a refund is offered, the instructor will be
responsible for covering the refund payment processing fees as determined by the City of
Gilroy.
2.4 Fingerprinting: As a condition of this Agreement and prior to teaching any classes,
Instructor shall submit to fingerprinting and a California Division of Justice (DOJ) criminal
background check that confirms that Instructor has no criminal convictions. If Instructor has
employees, prior to the first day of class, Instructor will provide proof to City that said
employees have also been fingerprinted and have passed a DOJ background check.
Basketball Classes and Camps
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2.5 Customer Service: Instructor will conduct his or her Program in a professional, courteous,
helpful, welcoming and supportive manner.
2.6 Participant Information: Instructor is not permitted to use any participant information,
rosters, mailing lists, etc. for any purpose other than authorized City use (for example, class
communication and notification of upcoming City classes).
2.7 Communication: Instructor will maintain direct communication with the Designated
Representative regarding program information such as class cancellations, inquiries,
changes, accidents, incidents and/or any concerns patrons may express. If the Instructor has
to cancel class(es), he or she is responsible for notifying all participants by phone, email,
note at site, and/or in-person. This is not the responsibility of the Designated Representative.
2.8 Facility/Classroom: Instructor is responsible for securing his or her assigned facility and/or
classroom.
(a) Indoors: If inside a city facility, all doors must be closed and secured after each class.
Instructor is responsible for set-up and clean-up. No storage of instructional materials is
allowed, unless approved by the Designated Representative. City is not responsible for
any lost or stolen items. Keys: If Instructor is provided keys to a city facility, it is their
responsibility for reporting any lost or stolen key(s) within 24 hours to the Designated
Representative. A $50 charge for each key lost or stolen will be deducted from
Instructor’s next compensation payment.
(b) Outdoors: If outside at a city park or other facility, Instructor is responsible, prior to the
start of each class/program, for inspecting the grounds to ensure it is safe to use. Any
hazards identified needs to be rectified before the start of class. If hazard is significant
enough that safety cannot be assured, Instructor shall either cancel the class or hold
class at an alternate facility approved by the City and determined by Instructor to be
safe.
2.9 Insurance: All instructors are required to provide his or her own liability insurance of
$1,000,000 for each occurrence and $1,000,000 annual aggregate covering themselves and
naming the City of Gilroy as an additional insured. If the Instructor has employees,
Instructor will provide City proof of Worker’s Compensation insurance, as required by
California Labor Code § 3700 et seq. Insurance coverage may vary depending on the
program offered.
2.10 Certificate of Occupancy Permit: All contract instructors that operate their own facilities are
required to file a copy of their Certificate of Occupancy Permit with the Designated
Representative.
2.11 Business License: All contract instructors must obtain and maintain a City of Gilroy
Business License.
3. Instructor Warranties. Instructor warrants that:
3.1 He/she is trained, qualified, and experienced to instruct the class in a safe and professional
manner.
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3.2 He/she has the requisite qualifications, certifications, experience and/or other requirements,
which are conditions precedent of this Agreement, including but not limited to: A list of
certifications, years of experience, awards and any other listing of achievements that
pertain to instructing
3.3 He/she has never been convicted of any offense specified in Penal Code section 11105.3(c).
4. Instructor Acknowledgements. Instructor acknowledges, understands and agrees to the following:
4.1 Independent Contractor: The Instructor will not be an employee of the City but will solely
be an independent contractor acting under the terms and conditions specified herein. As an
independent contractor, the Instructor will be solely responsible for payment of federal and
state taxes, will not be an employee of City for worker’s compensation or any other
purposes, and will not have unemployment insurance benefits, social security coverage or
other employee benefits. Instructor may at instructor’s own expense, employ any person
Instructor deems necessary to conduct the Program, subject to the limitations on assignment
in section 8, below. Instructor agrees that neither Instructor nor any person employed by
Instructor will be in any way an employee of the City as the term is defined in the California
Labor Code.
4.2 Instructor Performance: Instructor will have the sole authority to control the means of
performing the instructional services required by this Agreement.
4.3 Compliance with Laws: Instructor will comply with all applicable Federal, State, and local
laws and regulations in fulfilling his/her obligations under this Agreement. Without limiting
the generality of the foregoing, Instructor will comply with the provisions of California
Government Code Section 12940, and subject to the exceptions specified in such section,
refrain from unlawful, discriminatory employment practices on the basis of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, or military and veteran status of any employee.
4.4 Concussion and Other Head Injury; Sudden Cardiac Arrest. Instructor hereby certifies
that Instructor is aware of the signs of, and appropriate responses to, concussion and other
head injury. Instructor further acknowledges that information and training regarding
concussion and other head injuries are available at:
https://www.cdc.gov/headsup/index.html. Instructor shall institute appropriate protocols
whenever a course participant is suspected of sustaining concussion or other head injury in
an athletic activity. At a minimum, Instructor agrees to implement the following protocols:
a. An athlete who is suspected of sustaining a concussion or other head injury in an
athletic activity, or who has passed out or fainted, shall immediately be removed from
the athletic activity for the remainder of the day, and shall not be permitted to return to
any athletic activity until the athlete is evaluated by a licensed healthcare provider.
b. The athlete shall not be permitted to return to athletic activity until the athlete receives
written clearance to return to athletic activity from a licensed healthcare provider.
c. If the licensed healthcare provider determines that the athlete sustained a concussion or
other head injury, the athlete shall also complete a graduated return-to-play protocol of
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no less than seven days in duration as recommended by, and under the supervision of, a
licensed healthcare provider.
d. If the licensed healthcare provider suspects that the athlete has a cardiac condition that
puts the athlete at risk for sudden cardiac arrest or other heart-related issues, the athlete
shall remain under the care of the licensed healthcare provider to pursue follow-up
testing until the athlete is cleared to play.
e. If an athlete who is 17 years of age or younger has been removed from athletic activity
due to a suspected concussion or due to fainting or a suspected cardiac condition,
Instructor shall contact a parent or guardian of the athlete of the time and date of the
injury, the symptoms observed, and any treatment provided to that athlete for the injury.
f. If any athlete is suspected of sustaining a concussion or other head injury or passes out
or faints during an athletic activity, Instructor shall contact City’s Risk Manager as soon
as reasonably possible by phone, and shall provide a detailed written report within 24
hours describing the incident, including the identity of any witnesses and the steps taken
to address the incident.
4.5 Indemnification: Instructor, on behalf of itself and its officers, employees, assistants, agents
and successors, hereby agrees to release, hold harmless, defend and indemnify the City and
its officers, employees, agents, and successors from any liability, loss, damage, expense,
claim, cause of action or cost, including attorney’s fees, for injury to persons or property,
including death of any person, which relate to the services provided by Instructor as stated
herein.
4.6 Covid-19 Mandated Protocol: If Youth Evolution Basketball plans to teach in-person
classes while the Santa Clara County’s Shelter in Place Order is in Youth Evolution
Basketball responsible for abiding by the current guidelines to ensure the safety of all of its
participants.
4.7 Emergency Circumstances: The contractor further acknowledges that all City-owned parks
and facilities are subject to emergency use by the City, the State of California, and/or
another governmental agency (e.g. FEMA). In light of an emergency (such as flooding,
earthquake, wildfire, terrorist attack, and/or similar incidents), contractors may experience
disruption to their normal programming, and will be expected to cooperate in rescheduling
and/or relocating classes as necessary to accommodate emergency operations without
additional compensation. If a suitable location cannot be determined, class(es) may be
cancelled and instructor will not be compensated for loss of income. This decision will be
made at the discretion of the City. If the class can be offered, but the instructor chooses to
cancel the class(es), the instructor will be responsible for covering the refund payment
processing fees as determined by the City of Gilroy.
5. City Duties.
5.1 Publicity: City will publicize Program in the seasonal activity guide. The City shall inform
the Instructor of the deadline for submission of class information. Other forms of publicity
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such as a program flyer(s) will need to be approved by the Designated Representative before
distribution.
5.2 Program Fee(s), Classes Offered and Size: With guidance from the Division staff
representative, Instructor will determine Program fee(s). Based on facility availability and
community interest, the Designated Representative will assist the Instructor to determine the
number of classes that maybe offered in the guide.
5.3 Program Registration Dates and Participants: The Recreation Division will determine the
registration dates and deadlines for classes unless otherwise specified. Programs featured in
the Activity Guide are only available to participants who enroll through the Recreation
Division. Any exception to this must have City approval prior to advertisement of Program.
5.4 Registration Fees: City will collect all registration fees. Instructors will not collect
payments or allow drop-in registration unless they have received prior permission from the
Designated Representative.
5.5 Compensation: City will compensate Instructor for services to be provided hereunder as
follows: Instructor will be paid for services rendered under this agreement at sixty
percentage (60%) of the registration fees received for the Program conducted by Instructor.
Instructor payment shall not include the additional non-resident fee. The remaining forty
percentage (40%) of fees for Program will be retained by the City to offset program costs,
including administration, registration, facility, rental, utilities, building maintenance,
publicity, activity guide, postage, insurance, and keys. Instructor will be paid in one lump
sum, unless otherwise determined by the Designated Representative. Payment amount will
be determined by the number of participants registered for your program.
6. Termination/Contract Renewal. City may terminate this Agreement immediately upon any breach
of performance of this Agreement by Instructor or his or her assistants or any violation of State,
Federal or local law, or, may cancel this Agreement at any time with or without cause. Contractor
may terminate this Agreement without cause upon 20 days written notice to the other party. City
reserves the right not to renew an Instructor’s contract for any reason. Grounds for immediate
termination of a contract include, but are not limited to: verbal and/or physical abuse, actions
which may cause injury to another, and/or being under the influence of drugs or alcohol while
teaching.
7. Negligent Or Knowing Misrepresentation. If any of the foregoing is found to be negligently or
knowingly misrepresented by Instructor, this Agreement, at the option of City, shall be null and
void and of no force and effect, and Instructor shall be liable to City for any damages arising
therefrom.
8. Assignment. This Agreement may not be assigned or delegated by either party without prior
written consent of the other party, provided further that the Assignee or Delegate agrees to be
bound in writing to all of the terms of this Agreement.
9. Attorneys’ Fees. In the event of controversy, claim or dispute arising out of or relating to this
Agreement or the breach thereof, the prevailing party shall be entitled to recover reasonable
attorney’s fees in addition to any other relief to which that party may be entitled.
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10. Governing Law and Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of California without regard to the conflict of laws provisions of any
jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising
hereunder shall be in State and Federal courts located in Santa Clara County, California.
11. No Third Party Beneficiary. This Agreement shall not be construed or deemed to be an agreement
for the benefit of any third party or parties, and no third party or parties will have any claim or
right of action hereunder for any cause whatsoever.
12. Survival Clause. Instructor’s obligation to release, hold harmless, defend and indemnify the City,
and City’s rights and remedies, as provided in this Agreement, survive the expiration or any
termination of this Agreement, including without limitation, City’s rights and remedies under
section 7 and 9, above.
13. Waiver. Waiver by City of any breach, violation of, or failure to perform any covenant, term,
condition or provision of this Agreement, or of the provisions of any applicable ordinance or law,
by Instructor, or any City delay in enforcement of the same, will not be deemed to be a waiver of
any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or
violation of the same or of any other term, covenant, condition, provision, ordinance or law, by
Instructor.
14. Entire Agreement. This Agreement constitutes the entire agreement between the parties relative to
the subject matter thereof. Statements or representations of any kind not embodied herein shall be
of no force and effect. This Agreement may be modified only in writing.
15. Agreement Commencement/End. This Agreement will commence upon the date the parties
execute this Agreement (if signed on different dates, the later date shall govern.) This Agreement
will expire on the ending date of the Program, _December 31, 2024__ _______, unless terminated
earlier as provided herein.
Executed this August 1, 2022 __ _.
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Contractor Name: Carlos Bedolla
Contractor’s Address: 3377 Driftwood Dr
Santa Maria, CA 93455
Federal Tax ID/Social Security No. 84-2170284
Business Telephone Number: P: +1 (661) 513-3499
Other Phone Number: 805-598-4179________________
E-mail Address: carlos.bedolla@youthevolutionbasketball.com
youthevolutionbasketball.com
CITY OF GILROY CONTRACTOR
Risk Manager Contractor
City Administrator
Date
ATTEST:
Thai Nam Pham, City Clerk
Date
DocuSign Envelope ID: CE22F797-908E-4861-91E7-854BDB445439
7/25/2022
7/25/2022
DocuSign Envelope ID: E87C85D9-BDC7-405E-8042-00361F2226E5