Surf_Instruction_Permit_Agreement_040725.pdf

Independent Provider Surf Instructor Permit Page 1 of 7 Permit # XX-XX-2025-26

INDEPENDENT PROVIDER PERMIT

Surf Instructor Permit (Surf Camp, Lessons and Classes)

Recreation and Arts Department Community Recreation Division

415 Pacific Coast Highway, Santa Monica, CA 90402

Phone: 310-458-2201, ext. 5186

PERMITTEE INFORMATION

CAMP BUSINESS/ PERMITTEE NAME:

MAIN CONTACT /ASSISTING INSTRUCTOR NAME:

ADDRESS: CITY: ZIP:

BUSINESS PHONE: CELL:

EMAIL ADDRESS:

SM BUSINESS LICENSE #

DATES OF PERMIT:

AUTHORIZED LOCATION:

AUTHORIZED ACTIVITY:

DAYS AND TIMES OF USE:

MAXIMUM NUMBER OF PARTICIPANTS PER HOUR:

MAXIMUM ALLOWED PARTICIPANT TO INSTRUCTOR RATIO:

OTHER RESTRICTIONS/NOTE:

PERMIT RULES

a) Permittees shall comply with all permit rules.

b) Permittees and/or their representatives must be able to show proof of possession of

Surf Instruction Permit and a City of Santa Monica Business License upon request.

Independent Provider Surf Instructor Permit Page 2 of 7 Permit # XX-XX-2025-26

c) The City may deny, not-renew, suspend or revoke any permit if the Permittee, Assisting

Instructor, employees, representatives or applicants have failed to comply with all applicable permit conditions.

d) Assisted Single Instructor Permits are issued to specific instructors and are valid for use only by the Permittee and the Assisting Instructor whose names appear on the permit.

e) Assisted Single Instructor Permit holders may not hire, sublease, lend or otherwise transfer a permit to any other individual.

f) All activities undertaken pursuant to the Surf Instruction permit shall occur only in the area designated for use by the permit, unless otherwise directed by law enforcement personnel, Lifeguards, or authorized City personnel to address safety or circulation concerns.

g) No person holding an Assisted Single Instructor Permit shall instruct more than 4 people at any one time.

h) All Assisted Single Instructor and Multiple Instructor Permittees must maintain a

Student to Instructor ratio of no greater than 4:1 at any time.

i) Surf Instructor Permittees shall ensure that activities carried out pursuant to the permit, including but not limited to instructional functions and setup of equipment, do not block or impede the flow of traffic in beach parking lots or on public walkways.

j) Surf Instructor Permittees shall ensure that activities carried out pursuant to the permit, including but not limited to instructional functions and setup of equipment, do not occupy, obstruct or block any parking space in any parking area.

k) All Group Surf Instructor Permittees and students shall wear color-specific rash guards printed with the name of the Permittee at all times while in the water.

l) Surf Camp, Beach Camp and Multiple Instructor Permittees must display a City-provided sign with the name of the Permittee at all times when conducting surf instruction activities. No other signage, including inflatable signs, A-Frame signs, or balloons, may be placed on public property, including but not limited to the beach and the beach parking lots.

m) All Surf Instructor Permittees shall have and maintain, for a period of three years, a liability waiver signed by each student or legal guardian if the student is less than 18 years of age.

n) No Surf Instructor Permittees may supply any equipment to students, except a wetsuit, soft foam surfboard with a leash and/or a boogie board with a leash.

o) All instructors in the water must be at least eighteen (18) years of age.

Independent Provider Surf Instructor Permit Page 3 of 7 Permit # XX-XX-2025-26

p) No Surf Instructor Permittees shall sell or rent equipment to any person while operating pursuant to their Permit on public property.

q) Permittees shall ensure that all trash generated through the permitted activities are placed in City-provided trash receptacles.

r) Each Permittee may erect canopy(ies) on the beach, occupying a total area of less than 200 sq. ft., on the beach. Permittees shall not erect any tents or other temporary enclosures on public property.

s) Permittees shall not use bull horns, unless in cases of emergency where use of a bull horn is necessary to request aid from emergency personnel.

t) All Permittees shall have a first aid kit available on-site.

u) All Permittees shall maintain on-site a cell phone programmed with the LA County

Lifeguard emergency dispatch phone number (310-394-3261).

ADDITIONAL PERMIT REQUIREMENTS

Insurance Requirements for Independent Providers

Surf Camps, Surfing Instruction, Beach Activity and Beach Sports Camps Contractor shall procure and maintain for the duration of the contract 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, their agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Note – required only if Instructor has employees).

3. Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

Self-Insured Retentions

Independent Provider Surf Instructor Permit Page 4 of 7 Permit # XX-XX-2025-26

Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Instructor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.

Other Insurance Provisions The general liability policy is to contain, or be endorsed to contain, the following provisions:

1. The Entity, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts or equipment furnished in connection with such work or operations.

2. For any claims related to this contract, the Instructor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, agents, and volunteers. This requirement shall also apply to any Excess or Umbrella liability policies.

3. The Insurance Company agrees to waive all rights of subrogation against the Entity, 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 Entity. This provision also applies to the Instructor’s Workers’ Compensation policy.

4. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.

Umbrella or Excess Policy The Instructor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Instructor’s primary and excess liability policies are exhausted.

Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the Entity.

Verification of Coverage Instructor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy

Permit Fees, Permit Rent, Monthly Reporting, Permittee’s Records

1. Monthly Percentage Rent: Each Permittee shall pay a minimum of 15% of monthly gross receipts in accordance with the following terms and conditions. Throughout the term of this permit, the Permittee agrees to pay the City as monthly rent an amount equal to XXX

Independent Provider Surf Instructor Permit Page 5 of 7 Permit # XX-XX-2025-26 percent (XX%) of the amount of Monthly Gross Sales (“Monthly Percentage Rent”). Gross Sales and Gross Receipts shall refer to the actual price for all goods, wares, and merchandise sold exclusive of applicable sales tax and the actual charges for all services performed by the Permittee and its authorized agents and/or employees arising out of the activities authorized under this permit, whether for retail, cash, or otherwise, without reserve or deduction for inability or failure to collect. Gross Sales shall include without limitation all sales and services (a) where the orders therefor originate in, at, from, or arising out of the activities authorized under this permit, whether delivery or performance is made from Santa Monica State Beach or from some other place; (b) made or performed by mail, telephone, or computer orders; and (c) all revenues and receipts generated by or arising from the activities authorized under this permit. Any deposit not refunded shall be included in Gross Sales. Each installment or credit sale shall be treated as a sale for the full price in the month during which such sale is made, regardless of whether or when Permittee receives payment therefor. Gross Sales also shall include any revenues and receipts generated from any television, radio, movie, studio, or photograph promoter, or any other such activity dependent on authorization under this permit.

2. Itemized Statement of Gross Sales: Permittee shall deliver to the City the following:

a. Monthly Report of itemized Gross Sales: Within fifteen (15) days after the close of each calendar month of the term of the permit, a written report signed by the Permittee or by an authorized officer of agent of Permittee, showing the itemized Gross Sales made in the preceding calendar month. Such report shall be submitted on the City’s Monthly Report of Operations Form or other City-approved instrument.

b. Percentage Rent: Within fifteen (15) days after the close of each calendar month throughout the term of the permit, along with the Monthly Report of Gross Sales, by credit card or a check made payable to the City of Santa Monica in the amount of rent due, as described above. Checks shall be delivered to:

City of Santa Monica, Community Recreation Division 415 Pacific Coast Highway Santa Monica, CA 90402 Attn: Heath Hamilton

3. Permittee’s Records: Permittee shall keep the following:

a. Required Records: For the purpose of permitting verification by City of any amounts due as rent, all business conducted under this permit shall be performed so that a computerized point of sales records, duplicate sales slip, invoice, or non-resettable cash register receipt, serially numbered, or such other device for recording sales as City approves, shall be issued with each sale or transaction, whether for cash, credit, or exchange.

b. Maintenance of Records: Permittee shall keep and preserve for at least two (2) years, and during the term of the permit shall keep in office a general ledger, required receipts and disbursement journals, and such sales records and other supporting documentation together with original or duplicate books and records that shall disclose in detail all information required to permit City to verify Permittee’s Gross Sales and that shall conform to and be in accordance with generally accepted accounting principles.

Independent Provider Surf Instructor Permit Page 6 of 7 Permit # XX-XX-2025-26

4. Audits: At any time or from time to time with twenty-four (24) hours’ advance notice to Permittee, City or its consultants, representatives, and/or accountants shall have the right during business hours to make any examination or audit of such books and records that the City may desire. If such audit discloses that, in any rental year, rent due is greater than rent paid by Permittee for such period, Permittee shall pay to City within (10) days of notice thereof the amount of such deficiency. In addition, if such audit shall disclose that the Permittee has underpaid by three percent (3%) or more any rent payable by Permittee, the amount of which is based on Gross Sales, then upon thirty (30) days written notice to Permittee, Permittee shall pay the cost of such audit, all monthly Percentage Rent then payable, plus interest at the default rate on such monthly Percentage Rent, calculated from the date such additional monthly Percentage Rent was originally due and payable. The City may declare an Event of Default after issuance of three notices of deficiency to Permittee.

5. Failure to Pay Rent: If Permittee fails to pay any rent within ten (10) days after the same is due, Permittee shall be obligated to pay a late payment charge equal to ten percent (10%) of any rental payment not paid when due (“Late Charge”) to reimburse City for its additional administrative costs. In addition, rent shall bear interest at the Default Rate from the first day due until paid (“Interest on Late Payments”). Late Charges and Interest on Late Payments shall be payable with the next installment of Monthly Rent. Failure to pay rent by the fifteenth (15) of each calendar month may result in revocation or suspension of the Permit.

6. Permittees shall pay a $212.37 permit initiation/renewal fee annually.

Independent Provider Surf Instructor Permit Page 7 of 7 Permit # XX-XX-2025-26

I, representing the Permittee, have read this permit and the attached rental terms and agree to abide by all the terms and conditions of conducting activities authorized under this permit.

Signature Date

Name Title

APROVED FOR ISSUANCE:

Community Recreation Division Date

(This permit is not valid without signature by an authorized City representative)