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CONTRACT 6375 Instructor’s Agreement CLOSEDAgreement No. 6375 CITY OF EL SEGUNDO COMMUNITY SERVICES DEPARTMENT 401 Sheldon Street El Segundo CA 90245 (310) 524-2700 INDIVIDUAL CONTRACT 1NSTR.UC7[OK AGREEMENT THIS AGREEMENT, is made and entered into as of the 2nd day of May, 2022 between the CITY of El Segundo (CITY) and Wanda Boyne Borgerding ("CONTRACTOR") The parties agree as follows: I. 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 with 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 ES:USD approved location between the hours of 8:00 a.m. and 10:00 p,m, during the May 2, 2022 through September 30, 2022, as needed. Actual dates and times will be based upon session dates (Fall, WnteT, Spring, Summer), facility availability, etc. as determined by the CTIYS 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. S. CITY agrees to pay CONTRACTOR for the performance of such services as follows: Parent_ _;andMe— 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. CONTRACTORS fee rate includes, without limitation, the costs for the following: CONTRACTORs 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, 8. 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 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 participate in any pension plan, insurance (including Workers Compensation), bonus or similar benefits CITY provides for its employees. Any provision in this agreement that may appear to give CITY the right to direct Page 1 of 7 Agreement No. 6375 CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 12. INDEMNIFICATION A. INSTRUCTOR indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, INSTRUCTOR will defend CITY (at CTTY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CIT Cs officers, officials, employees, agents, representatives, and certified volunteers, 13. INSURANCE 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, at a minimum, with the limits set forth below: Tyi2eof Insurance, Limits Commercial general liability: $1,000,000 Automobile liability Proof of Insurance Workers Compensation Statutory Requirement B. Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88, or equivalent, The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed 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 wall apply with respect to liability and defense of suits arising out of CONTRACTORS acts or omissions. Stich insurance will be on an 'occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. 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 CONTRACTOR'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. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "ANTI." 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 CONTRACTOR' expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate pursuant to Sectlon 8, 14. 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. Page 2 of 7 Agreement No. 6375 1S. If CONTRACTOR is unavailable, CONTRACTOR may use a substitute instructor. Substitute instructors and assistants must be contracted by the CITY to instruct the specified program or activity. The contract must be fully processed through the Community Services Department for current fiscal year. 16.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 CONTRACTOR's insurance policy, or the substitute instructor provides the CITY a copy of their own insurance policy in compliance with this Agreement. 17. 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. 18. 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. 19. 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 EL SECUN __... Wanda Boyne Borgerding Supervisor/Sups nten dent/y Contractor AT+cyeav Traer, City Clerk APPR01V 0 AS TO FORM: Mark DI Hensley, City Ajorney Insurance Approved by: Page 3 of 7 Agreement No. 6375 EXHIBIT "A" CITY OF EL SEGUNDO COMMUNITY SERVICES DEPARTMENT SCOPE OF SERVICES / STANDARDS CONTRACTOR agrees to perform the following services: Parent and Me Dance, sing and socialize to all types of music with wild and fun Miss Wanda. Parent or caregiver participation is all that is required for this exhilarating experience. We use rainbows, tambourines and Chiquita Maracas to express ourselves. Your tot will blossom by listening to and joining in to celebrate music. Studies have proved that stimulating your little one will result in a smart and confident young adult. Beautifully illustrated books to music and flannel board stories will tickle their young imagination. $154.00 Residents $19250 Non -Residents CONTRACTOR agrees to meet with CITY Supervisor before completion of current session of classes to review and present for 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. 6375 EXHIBIT "B" CITY OF EL SEGUNDO COMMUNITY SERVICES DEPARTMENT CONTRACT CLASS AND PROGRAM POLICIES AND PROCEDURES Performance Policies: 1. Report to work as scheduled. Allow ample time (minimum 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 (sandal's or aqua footwear for aquatics staff - bare feet; are permitted on pool deck). Shorts must be of an appropriate length, no inappropriate logos or slogans. Dress in a manner which 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. Partaci ant Eater erg Procedures: I. 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. S. Accident/Incident Reports - Immediately notify office staff, Supervisor and/or the Recreation Department Superintendent and/or Director of all accidents or incidents. These reports are to be completed by City staff, not the patron or contractor. CONTRACTOR is responsible for notifying staff on all emergencies and Inc/dents. E i merit. Su Iles Facilities: 1. CITY 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/Inddent Report form. +Course Manaalernerat: Page 5 or 7 Agreement No. 6375 I. Only those students enrolled withthe CITY of El Segundo ComrnunIty Services Department may particl ate In your class; Only those students registered with the CITY have signed release forms/indernnity Clause. 2. Class rosters are to be obtained from your Supervisor or designated CITY staff by the first day of class, Established minimum number of participants must be registered in each class by completion of first class session or class is subject to cancellation. 3. Student rosters with names and addresses should not be shared with others. 4. Contractors may request a one -day "Guest Pass" for individuals not currently enrolled. Recreation Staff reserve the right to approve or disapprove guest pass requests. 5. Department policy stipulates that all programs/classes must maintain a ratio of 51% El Segundo residency, fi. Students must attend program cl sslday/time they are enrolled in. 7. Makeup classes should be scheduled through instructor, pending site availability, 8. If Contractor is unavailable, Contractor may use a substitute instructor. Substitute instructors must be contracted by the CITY ofelSegundo to instruct the specified program or activity. The contract must be fully processed through the Comm unityServices Department for current fiscal year. 9. 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. 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. Course syllabus must be discussed and approved by your Supervisor before working. CONTRAC TO Invoices: 1. Payments will be issued based upon the Community Services/Accounts Payable deadlines. 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, Involces must be accurate and supported by department -Issued computerized 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. a. Before submitting your invoice request a current roster from designated Department staff. Roster is to be dated witlhin S business days prior to end class session,, date. Fees: 1. Any material fees, league fees, meet fees, etc. must be included in the course fee. The Recreation and Parks Department reserves the right to audit the CONTRACTORSs records. 2. CONTRACTORS may not collect class reg/stratlon 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). Page 6 of 7 Agreement No. 6375 ER5 All web sites, publicity and/or advertising for CONTRACTOR's class ust e -Ugromed the CI �"P'" "uper�'lso 1. The following information must be listed on all program material; a. The class name and the name of the instructor. b. A statement 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, 401 Sheldon Street; George E. Gordon Clubhouse, 300 E. Pine Avenue and the Joslyn Center, 339 Sheldon Street. d. For more information call the Community Services Department at (310) 524-2700. e. Address/location of program 2. The City of El Segundo will advertise your program via the city website. Contact your supervisor for more information, A copy of the Instructor Agreement, lncludvr g Exhibits 'A"and "9 " will be forwarded for your ides once A, ree, ent has been fully executed Page 7 of 7