Economic Driving School Agreement 2024City of Gilroy
Agreement/Contract Tracking
Today’s Date:
March 27, 2024 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)
3/27/2024
Contract Expiration Date: 12/31/2028
Contractor / Consultant Name:
(if an individual’s name, format as
last name, first name)
Economic Driving School
Contract Subject:
(no more than 100 characters)
Recreation Independent 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
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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 Economic Driving School, 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 Recreation Guide. Failure to submit information in a
timely manner may result in either cancellation of the class and/or omission in the Guide.
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 try 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.
Economicdrivingschool.com has been teaching Driver Education and Driver Training to
students in California for 46 years. The school is committed to offering the best possible
training at the most affordable rate and pride their business on its professionalism,
punctuality, affordability, and up to date teaching techniques and learning
strategies. Economic Driving School has helped over 100,000 California residents obtain
their driver’s license. Upon completion of the course, students will receive the Certificate
of Completion of Classroom Driver Education (DL 400C) issued by the California
Department of Motor Vehicles.
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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 their 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. For activities with greater risk, the City may require a
higher level of coverage. 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: CPR & First
Aid Certified- Economic Driving School
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 s ection
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
no less than seven days in duration as recommended by, and under the supervision of, a
licensed healthcare provider.
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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 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). Considering 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 recreation guide. The City shall inform
the Instructor of the deadline for submission of class information. Other forms of publicity
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.
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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 Recreation 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 percent
(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 percent
(40%) of fees for the 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.
(a) If the class does not reach the instructor’s minimum number of participants to operate
the program, the City can request to renegotiate the compensation rate for the class to
continue and avoid being canceled.
(b) In cases where Economic Driving School takes registrations, Economic Driving School
will at the end of each session pay City of Gilroy Recreation Division forty percent
(40%) of registration fees received by the participants using the 95020 and 95021 zip
code to register.
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 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.
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 law’s provisions of any
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jurisdiction. The exclusive jurisdiction and venue with respect to 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 o r 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, 2028 _, unless terminated earlier as provided
herein.
Executed this March 27, 2024
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Contractor Name: Donald Meyer
Contractor’s Address: 771 Sunset Glen Drive
San Jose, CA 95123
Federal Tax ID/Social Security No. 94-255-6432
Business Telephone Number: 408-972-1168
Other Phone Number: 408-836-3853_____________
E-mail Address: dukemeyer3@gmail.com___
CITY OF GILROY CONTRACTOR
LeeAnn McPhillips, Risk Manager Donald Meyer, Contractor
Jimmy Forbis, City Administrator
Date
ATTEST:
Beth Minor, City Clerk
Date
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4/5/2024
4/8/2024
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