CONTRACT 6459 Instructor’s Agreement CLOSEDAgreement No. 6459
CITY OF EL SEGUNDO
COMMUNITY SERVICES DEPARTMENT
401 Sheldon Street
El Segundo CA 90245
(310) 524-2700
INDIVIDUAL CONTRACT'INSTRU OR &PREEMENT'
THIS AGREEMENT, is made and entered into as of the 14th day of June, 2022 between the CITY of El Segundo
(CITY) and Hollister Starrett ("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 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 ESUSD approved location between the hours of 8:00 a.m. and 10:00
p.m. during the July 1, 2022 through June 30, 2023, 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:
The gpgonggg2b, Mwusical Li htin Technician —
Flat rate of seven hundred dollars ($700.00)
If needed, additional responsibilities and/or fees are to be discussed and approved by Recreation
Supervisor.
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 casts 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 Ell Segundo Municipal Code and regulations promulgated
thereunder, and including obtaining and maintaining throughout the term of this agreement a City business license,
as applicable.
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Agreement No. 6459
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
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 CITY'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 CITY's 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:
T e of 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
1185 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 will apply with respect to liability
and defense of suits arising out of CONTRACTOR' acts or omissions. Such 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 "A:VII,"
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 Section B.
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Agreement No. 6459
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.
15. 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.
1b.It 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.
IS. 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.
III
ATTE n
Tira Weaver,
City Clerk
AS TO FORM:
Mark+ Hensley,
City or'ney,
U
Insurance Approved by:
Hollister Starrett
By; Contractor
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Agreement No. 6459
EXNTBIT " A"
CITY OF EL SEGUNDO COMMUNITY SERVICES DEPARTMENT
- SCOPE OF SERVICES / STANDARDS
CONTRACTOR agrees to perform the following services:
C17Y maintains certain performance standards that CONTRACTOR must meet each class session. The criteria required must
meet the minimums outlined below.
LightingUghfing Iggbnician
• Design lighting plan
• Install show lights
• Program the light board during dress rehearsals.
• Run light board during tech week and performances.
• Assist with striking all lighting equipment as well as general show equipment and return any lighting rentals in a
timely manner.
+ Attend all performances and dress rehearsals.
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Agreement No. 6459
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 dean -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 Ei 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 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.
Participant Eoergena Procedures:
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 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
Incidents
Equipment, Say lies 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/Incident Report form.
Cou a Ma a risen
1. Only those students enrolled with the CITY of El Segundo Community Services Department may
particlpate In your class. Only those students registered with the CITY have signed release forms/indemnity
Clause.
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Agreement No. 6459
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.
6. Students must attend program classIday/tlme 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 of El Segundo to instruct the specified program or activity. The contract must be fullyprocessed
through the Community Services 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/ciean-up of the class.
11. Course syllabus roust be discussed and approved by your Supervisor before working.
CONTRACTOR 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. Invoices 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 within 5 business days pri2r to g_nd, 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 CONTRACTOR's records.
2. CON7RACTORS may not collect class reglstratlon 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).
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Agreement No. 6459
All web sites, publrcity and/or advertising for GUNTRACTOWs class mygt be aDproved
&pervlspr,
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 Agreem&4 including Exhibit!; 'A "and "B ; will be forwarded for your Arles once Agreement has been
fully executed
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