CONTRACT 6723 Instructor’s AgreementAgreement No. 6723
CITY OF EL SEGUNDO
RECREATION, PARKS AND LIBRARY
401 Sheldon Street
El Segundo CA 90245
(310) 624-2700
INDIVIDUAL CONTRACT INSTRUCTOR AGREEMENT
THIS AGREEMENT, is made and entered into as of the 1st day of April, 2023 between the CITY of El Segundo
(CITY) and Mr. Mustard LLC. ("CONTRACTOR"). The parties agree that this Agreement is retroactively
effective to April 1, 2023.
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 owned, leased, or controlled facility location
approximately between the hours of 7:00 a.m. and 10:00 p.m. during the April 1, 2023 through December
31, 2023, as needed. Actual dates and times will be based upon session dates (Fall, Winter, Spring,
Summer), facility availability, etc. as solely determined by the CITY'S Recreation, Parks and Library
Department (hereinafter, the "Department").
3. CONTRACTOR must provide a course syllabus and course proposal form (including CONTRACTOR's) to
CITY's Department's Director, or designee, (hereinafter, the "Director") at the beginning of each calendar
quarter or upon any change to the syllabus or course proposal.
4. CONTRACTOR agrees to comply with all 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 instructor services as follows:
A. Twenty percent (20%) of course registration fees (as listed on file with the Department), at the
"Recreation ID" holder rate.
6. The CITY agrees to provide a facility, utilities, advertising via the website, and participant registration
services. The CITY will have no obligation to provide any equipment or materials needed for any particular
class.
7. CONTRACTOR' fee rate includes, without limitation, the costs for the following: CONTRACTOR'
instruction, instructional supplies and materials, assistants, publicity and transportation.
8. CONTRACTOR understands that this Agreement in no way commits the CITY to provide any number of
instruction classes for CONTRACTOR, and the cancellation of any class will not result in the scheduling of
a make-up class, unless solely authorized by the CITY.
9. CITY may terminate this Agreement at any time for any reason, with or without cause, and that the CITY
will pay CONTRACTOR only for eligible 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 eligible
time through the date of termination.
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Agreement No. 6723
10. CONTRACTOR will acquire, provide, repair and maintain at CONTRACTOR's sole cost and expense such
equipment as CONTRACTOR needs for performing this Agreement.
11. 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.
12. 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.
13. CONTRACTOR will meet with Director upon two business days' written request by Director to discuss the
parties' performance of this Agreement. CONTRACTOR agrees to meet with Director 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.
14. 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.
15. 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:
Type of Insural3gg 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 will apply with respect to liability and defense of suits arising out of CONTRACTOR's
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Agreement No. 6723
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's expense and deduct the cost of
such insurance from payments due to CONTRACTOR under this Agreement or terminate pursuant
to Section 9.
16. Before conducting any performance of this Agreement, CONTRACTOR must submit to and pass a
background, fingerprint investigation conducted by the CITY. CONTRACTOR must pay any fee covering
the City's reasonable costs, and fingerprints must be updated every five years.
17. If CONTRACTOR is unavailable, CONTRACTOR may use a substitute instructor only if the substitute
instructor under contracted with the CITY's Recreation, Parks and Library Department and has completed
Human Resources fingerprint and DOJ clearance and provided requisite proof of insurance. No instructors
in -training, guest leaders, or any other type of substitute instructor is allowed to instruct on a substitute
basis.
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 or her private vehicle(s).
20. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war,
embargo, government action, civil or military authority, the natural elements, or other similar causes beyond
the parties' reasonable control, then no party will be responsible or liable for any failure or delay in the
performance of its obligations under this Agreement.
21. This Agreement may be executed by the parties on any number of separate counterparts, and all such
counterparts so executed constitute one agreement binding on all the parties notwithstanding that all the
parties are not signatories to the same counterpart. In accordance with Government Code § 16.5, the
parties agree that this Agreement, agreements ancillary to this agreement, and related documents to be
entered into in connection with this Agreement will be considered signed when the signature of a party is
delivered by electronic transmission. Such electronic signature will be treated in all respects as having the
same effect as an original signature.
22. This Agreement, and its Attachments, sets forth the Parties' entire understanding. There are no
other understandings, terms or other agreements expressed or implied, oral or written. Except as
otherwise provided, this Agreement will bind and inure to the benefit of the Parties to this
Agreement and any subsequent successors and assigns.
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Agreement No. 6723
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed.
CITY OF EL SEGUNDO
Director
ATTE T:
� Nw
Trac Weaver
City Clerk
APPROVED AS TO FORM:
MARK D WLEY, CITY ATTORNEY
Joaquin Vz ae,
Assistant Ci Attorney
y
Insurance Approved by:
MARISSA DUBOIS - Mr. Mustard LLC
Contractor
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EXHIBIT "A"
CITY OF EL SEGUNDO RECREATION, PARKS AND LIBARARY
SCOPE OF SERVICES / STANDARDS
AND HOURLY RATE FOR SPECIAL ACTIVITIES
CONTRACTOR agrees to perform the following services:
CITY maintains certain performance standards that CONTRACTOR must meet each class session. The criteria
required must meet the minimums outlined below.
Twenty percent (20%) of course registration fees (as listed on file with the Department), at the "Recreation ID"
holder rate.
92:p Li•retor
• Oversees production staffand communicates vision (with training as needed) to ensure a smooth process.
• Attends rehearsals, performances, meetings, photo shoots, previews and drama functions as required.
• Leads the audition process and makes casting selections.
• Rehearses the participants in acting, singing, and dance routines to prepare them for their roles.
• Instructs senior class participants on basic theatrical techniques and devices to help them improve and mature as
performers.
• Oversees the selection, shopping, and coordination of costumes and costume props for the production in progress — pulling
from stock when possible.
• Works closely with designers to develop the artistic vision of the show.
• Communicates with Stage Manager to ensure scheduling, lists, and attendance are timely and complete.
• Transitions production responsibilities to Stage Manager during dress rehearsals.
• Assists with the maintenanceof the backstage area.
• Attends strike as a Section Leader.
• Performs in accordance with department policies.
• Performs and engages in public relations duties as needed.
• Communicates updates, changes, and required purchases to parents in a timely manner.
• Attends and presents at mandatory Parent Meetings.
• Takes responsibility for production purchases and follows fiscal protocol.
• Work with the Youth Drama Producer.
• Supervise strike and other events pertaining to shows.
• Oversee and check status of work with all directors of the show including Set Designer/Builder, Costumer, Choreographer,
Tech Director and any other additional Directors involved in the show.
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EXHIBIT "B"
CITY OF EL SEGUNDO RECREATION, PARKS AND LIBARARY
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 with the Department.
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 Emergency Procedures:
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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 the Director or City staff 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, Director and/or the Recreation Superintendent 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.
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 Director via Accident/incident Report
form.
3. CITY reserves the right to cancel classes at any time without notice given facility emergency or equipment
failure. Compensation will only be given if makeup classes are completed.
1. Only those students enrolled with the CITY of El Segundo Community Services Department may
participate in your class. Only those students registered with the CITY have signed release
forms/indemnity
Clause.
2. Class rosters are to be obtained from your Director 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 -fay "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 majority (greater than 50%) El
Segundo resident composition.
6. Students must attend program class/dayl'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 of El Segundo to instruct the specified program or activity. The contract must
be fully processed through the Community Services Department for current fiscal year.
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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-uplinstruction/clean-up of the class.
11. Course syllabus must be discussed and approved by the Director before working.
1. Payments will be issued based upon the Department/Accounts Payable deadlines.
2. Under Director'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 the Director prior to payments. Incomplete and/or inaccurate invoices will be
returned to the CONTRACTOR for revisions.
Fees:
a. Before submitting your invoice request a current roster from designated Department staff.
Roster is to be dated within 5 business da s prior to end class session date.
Any material fees, league fees, meet fees, etc. must be included in the course fee. The Department reserves
the right to audit the CONTRACTORSs records.
2. CONTRACTORS may not collect class registration fees. To enroll, patrons must contact the 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).
Advertising, Publicily, Web ,Sites:
All web sites, publicity and/or advertising (including, without limitation, those on social media) for
CONTRACTOR's class must be M@groved by the CITrs Director.
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 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, El Segundo
Aquatic Center, 2240 E Grand Ave, El Segundo, CA 90245, and esrec.org.
d. For more information call the Department at (310) 524-2700.
e. Address/location of program
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2. The City of El Segundo will advertise your program via the city website. Contact the Director for more
information.
A copy of the Instructor Agreement, including Exhibits "A" and "B", will be forwarded for your files once Agreement
has been fully executed.
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