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CONTRACT 6186 Instructor’s Agreement CLOSEDAgreement No. 6186 CITY OF EL SEGUNDO COMMUNITY SERVICES DEPARTMENT 401 Sheldon Street El Segundo CA 90245 (310)524-2700 INDIVIDUAL CONTRACT INSTRUCTOR AGREEMENT THIS AGREEMENT, is made and entered into as of the 7th day of September, 2021 between the CITY of El Segundo (CITY) and Natalie Strong ("CONTRACTOR") The parties agree as follows: 1. CONTRACTOR certifies that he or she is a person trained and qualified to perform the services outlined in Section 2 — Scope of Services for the CITY and though these services are performed for hire, such services are not necessarily CONTRACTORS only occupation. 2. Scope of Services/Standards. CONTRACTOR agrees to perform the services; while complying kivith the performance standards set forth in Exhibit "A" (attached) which are incorporated by reference. Such services are to be performed at a CITY of El Segundo facility or ESUSD approved location between the hours of 8:00 a.m. and 10:00 p.m. during the September 1, 2021 through June 30, 2022, as needed. Actual dates and times will be based upon session dates (Fall, Winter, Spring, Summer), facility availability, etc. as determined by the CITY'S Community Services Department. 3. CONTRACTOR agrees to provide a course syllabus to CITY's Supervisor before beginning each session of classes or CONTRACTOR may opt to provide a full year's syllabus at the beginning of each contract period. 4. CONTRACTOR agrees to comply with all Community Services Department policies and procedures for Contract Instructors as outlined in Exhibit "B" (attached) which are incorporated by reference. 5. CITY agrees to pay CONTRACTOR for the performance of such services as follows: Knittin Circle- $50.00 Per Session Art Lab — seventy percent (70%) of course registration fees less any payments- made to assistant instructors, if applicable. 6. The CITY agrees to provide a facility, utilities, advertising via the website, and participant registration services. 7. CONTRACTOR'S fee rate includes, without limitation, the costs for the following: CONTRACTOR's instruction, substitute instructors, assistants, instructional supplies and materials, publicity and transportation. Costs for student supplies, if required, must be included in the CONTRACTOR's fee rate. S. CONTRACTOR understands that CITY may cancel this Agreement at any time for any reason and that the CITY will pay CONTRACTOR only for the time through the date of termination. CONTRACTOR may terminate this agreement at any time with 30 days written notice and will receive payment only for the time through the date of termination. 9. CONTRACTOR will acquire, repair and maintain at CONTRACTORS sole cost and expense such equipment as CONTRACTOR needs for performing this Agreement. 10. CONTRACTOR, in the conduct of the services contemplated will abide by all applicable federal, state, and local laws and regulations including, without limitation, the El Segundo Municipal Code and regulations promulgated thereunder, and including obtaining and maintaining throughout the term of this agreement a City business license, as applicable. 11. CITY and CONTRACTOR agree that CONTRACTOR is an independent contractor and has control of all work and the manner in which it is performed. CONTRACTOR is not an agent or employee of CITY and is not entitled to Agreement No. 6186 participate in any pension plan, insurance (including Workers Compensation), bonus or similar beneflts CITY provides for its employees. Any provision inthis agreement that may appear togive CITY the right todirect CONTRACTOR as to the details of doing the work orto exercise a measure of control over the work means 'that CONTRACT OR wi|| follow the direction of the CITY as to end results of the work only. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, et a minimum, with the limits set forth below: Limits Commercial general liability: $1,000,000 Automobile liability Proof ofInsurance Workers Compensation Statutory Requirement B. Commercial general liability insurance will meet orexceed the requirements ofISG-CGL Fonn No. CGJ OU 01 11 85 or 88, or equivalent. The amount ofinsurance set forth above will be e combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will beendorsed 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. CITY's additional insured status will apply with respect to |imbi!itY and defense of suits arising out of [ONTRACTOR's acts or omissions. Such insurance will be on an "occurrence," not a"claims made," basis and will not be cancelable orsubject to reduction except :pVn thirty (3O)days prior written notice toCITY. C. CONTRACTORS will furnish to CITY valid Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, a copy of an Additional Insured endorsement confirming CITY has been given Insured status under the CONTRA[TOR's General Liability policy, and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insuraoce must be placed with insurers with a curnentA.M. Best Company Rating equivalent to atleast a Rating of"A:VIl." D. Automobile coverage including owned, non -owned and hired vehicles. E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at C0NTRA(3DR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate pursuant to Sectior -i S. 13, CONTRACTOR understands and agrees that the parties may execute this Agreement with a facsimile signature. Such facsimile signature will be treated in all respects as having the same effect as an original signature, 14, If CONTRACTOR is unavailable, [D0TRA(3l]R may use a substitute instructor. Substitute instructors and assistants must be contracted bvthe CITY to instruct the specified program or activity. The contract must be fully processed through the Community Services Department for current fiscal year. 15� If CONTRACTOR foresees the need for a substitute instructor during the term of this Agreement, the CONTRACTOR is responsible to ensure either the substitute instructor is covered under the CDNTPA\[]I>R.s insurance policy, or the substitute instructor provides the CITY a copy of their own insurance policy in compliance with th�is Agreement. mm� Agreement No. 6186 16. 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. 17. If CONTRACTOR is unavailable to instruct more than twenty-five percent (25%) of the scheduled classes, students will be allowed to withdraw from the class and receive a pro-rata refund for the remaining classes. Any amounts refunded under this section will be subtracted from any remaining amounts owed to CONTRACTOR by CITY. 18. CONTRACTOR agrees to not transport any participants in his/her private vehicles. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed. CITY OF Et_ SEGUNDO S pervisor/Superintendent ATTEST: - f Tracy WeAypr, � City Clerk APPROVE AS TO FORM„ "A` ,ioau�� J.. -..� .. q Vazquez t eput , City Attorney ,0 Page 3 of 7 Agreement No. 6186 EXH1BIT"A" C'1TY 0111:::� IEIII SEGUNDO COMIMUNM SERVICES DEPAR'll-MENT SC01111111E OF SERVICES / STAIMIDARIDS COIN l]R:A(`T0IR agrees to perform the seirvicff.; below., CI rY rinai.nLains certain perfor-mance standards that C'ON MACTOR must rneet each class session. The criteda reqOred must meet the mnimurns m.ftlined below., Knit.tingfir c1q=Ln_structor Will be pato S50.00 Der session Assist beginners on knitting basics and help troubleshoot people who bring their existing projects. Third Thursday of the month 6:00-7:00M Come explore the creative possibillitles with a variety of materials and mediums. Projects inspired by current working artists are just the starting point for you to discover your own style and process. All artists are welcome. Ages 5-12 Resident: $80.00 Non -Resident $100.00 Ages 12-18 Resident: $80.00 Non- Resident: $100.00 approval the course syllabus for the next session. CONTRACTOR may opt to provide a full year's syllabus at the beginning of each contract period. Page 4 of 7 Agreement No. 6186 CITY OF EL SEGUNDO COMMUNITY SERVICES DEPARTMENT CONTRACT CLASS AND PROGRAM POLICIES AND PROCEDURES PeL-forrnance poll ® L Report to work as scheduled. Allow ample time (rnirhmuirn 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 fbi, aquatics staff - bare feez, are permitted on pool deck), Shorts must be of an appropriate length, no inappropriate logos, or slogans. Dr�.',!ss in a manner wN,ch 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. 6, 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, Pa!tic! ilt Ernetngncy or Pru, reca: LA _ td 1. 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 your 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 nobN office staff, &jpe�,visoo arld/0s tl')e Recreabon F)Ftparl,.'rnert Superintendent and/or Director of all accidents, or incidents, These report_,'i are to be by lc'ity Staf', , , nat the patron, or contractor. CONTRACTOR is responsible for notIfying staff ol-7 ah and inn dents, 1, Cfl"Y 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, a. Report all unsafe conditions with CITY equipment/facilities to Supervisor via Accident/incident Report form. Cou!L!it Management: 1. only those students enrolled with the CITY of El Segundo Coinmunity 5&rvices Depj,,t,rnent may particIpate in your class. Only those students registered With the CITY have signed release forn,rs/jndernrQy Clause, ffi� Agreement No. 6186 2, Class rosters are to be obtained from your Supervisor or designated CITY staff by 'thef-irst dayofclass, Established minimum number of participants must be registered in each class by completion of first class session or class is subject tocancellation, 3. Student rosters with names and addresses should not be shared with others, 4. Contractors rnay request a one -day "Guest Pass" for individuals not currently enrolled. Recreation Staff reserve the right toapprove mrdisapprove guest pass requests, 5. Department policy stipulates that all progvarms/classes rnuet maintain a ratio afS1% B Segundo residency. 6. Students must attend program classIda%/bme they are enrolled in. 7. Makeup classes should bescheduled through instructor, pending site availability, 8. IfContractor isunavailable, Contractor may use asubstitute instructor. Substitute instructors must be contracted by the CITY ofE7Segundo toinstruct the specified program oractivity. The contract must betbllvp/ocg5Sed through the Community Services Department for current /isca/y*ar. 9. If CONTRACTOR or substitute is unavailable to instruct doss, the class may not meet o/ 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 CITYfor the specified program or activity. 10. 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. 11.Coumse syllabus must be discussed and approved by your Supervisor before working. 'CONTRACTOR Invoices: 2. Under Supervisor's discretion, invoices can be submitted within two weeks before the end of each class session, However, payments will not be released until the class has completed. 3. Invoices must be accurate and supported by department -issued computen d rosters. Invoices will be reviewed and authorized by your Supervisor prior to payments. Incomplete and/or inaccurate invoices will be returned to the CONTRACTOR for revisions. 1. Any material fees, league fees, meet fees, etc. must be included in the course lee. 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. No discounts or fee waivers can be permitted to obtain program enrollment (see Course Management #1). sling, Publicity, Web Sites: All web sites, publicity and/or advertising for CONTRACTOR's class Sli Page so{7 Agreement No. 6186 1. the following information must be listed on all program rnaterial° a. The class name and the name of the instructor. b. A staternent that the instructor's class is made available through the City of El SegUndo Community Services Department c., Registration is available at the Checkout Building in Recreation Park, 40.1 Sheldon Street, George E. Gordon Clubhouse, 300 E. Pine Avenue and the Joslyn Center, 339 Sheldon Street.. d. For more information call the COrnmunity Services Department at (310) 524-2700. e. Address/llocation of program 2. 'The Oty of El Segundo will advertcse your program via the city website. Contact your supervisor for more information. A copy of the Instructor Agreeirient, Fxhibits 'A 'and T' will be for your Files once Agreement has been fully (mecuted.