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CONTRACT 7126 Instructor’s AgreementAgreement No. 7126 CITY OF EL SEGUNDO RECREATION, PARKS AND LIBRARY 401 Sheldon Street El Segundo CA 90245 (310) 524-2700 INDIVIDUAL CONTRACT INSTRUCTOR AGREEMENT THIS AGREEMENT, is made and entered into as of the 1st day of January, 2024 between the CiTY of El Segundo (CITY) and South Bay Sprouts LLC ("CONTRACTOR"). The parties agree as follows: 1 _ CONTRACTOR certifies that he or she is a person trained and quafified 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,rn, during January 1 2024 through December 31, 2024, as needed. Actual crates and times will be based upon session dates (Fall, Whter, 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 CONTRACTORSs) 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: Seventy percent (701/o) of course registration fees (as listed on file with the Departmont), at the "Recreation ID" holder rate. Otherwise, services will be compensated at an hourly basis pursuant to the rate set forth in "Exhibit A 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. CONTRACTORS fee rate includes, without limitation, the costs for the following. CONTRACTORS instruction, instructional supplies and materials, assistants, publicity and transportation. &. 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 -tap 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. 10. CONTRACTOR will acquire, provide. repair and maintain at CONTRACTOR's sole cost and expense such equipment as CONTRACTOR needs for performing this Agreement_ Page 1 of 6 SL greernentNo. 7126 11, CONTRACTOR, in the condwct of the services contemplatcd will abide by all applicable teddr'ai, state, and local laws and regulations including, wvithoul limitation, the El Segundo Municipal Code and regulations promulgatecl thereUnder, and including obtaining and maintaining throughout the terrn 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), bonws or sirriflar benefits CITY provides for its employees. Any provision in this a reeenient 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 toffowwr 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 tho. course Syllabus for the Iext session. CONTRACTOR may opt to provide a full year's syllabus at the beginning of each contract period, 14. INDEMNIFICATION A. I NS T RUCTOR 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 sail Dr otherwise, whether the same be groundless or not, arising out of this Agreemenl, or its pewdorr ance, INSTRUCTOR wilt defend CITY tat CITY's request and with counsel satisfactory to CITY) and wvill indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otheRvise. B. For purposes of this section 'CITY" includes CITY's officers, officials, employees, agents: representatives, and certified volirrlteers_ 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: TyEe of lirsurarIce Limits Commercial general liability; 31.000.000 Automobile liability Proof of Insurance Workers Compensation Statutory Requirement S. Commercial general tiabifity insurance will meet or exceed the requirements of ISO-CGL Form No, CG 00 01 11 85 or 88. or egUi;+alent. The amount of insurance set forth above wrill be a combined single limit per occurrence for bod5ly 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 "priniary" such that any other insurance that may be carried by CITY will be oxcess thereto, CITY"s additional insured status will apply with respect to liability and defonso of «suits arising out. of CONTRACTOR's acts or omissions. Such insurance will be on art '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, Pace 4'CrE agreement:.N.o.,.71.26 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 "AMll," 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 CON T RACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate pursuant to Section g. 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 render 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. 1S. if CONTRACTOR is unavailable to instruct more than twenty-five percent (25`3) of the scheduled classes, students will be allowed to withdraw from the class and receive a pro-rata refund for the remaining classes_ Arty 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). 24. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, vrar, 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 far 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 ether 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_ [SIGNATURES ON i+OLLOWNG PAGE[ ..... Agreieren""tmmNd:7T26 1N WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executea, CITY OFEL SEGUNDO Director ATT PV Tracy VAleaver, City Clerk APPROVED AS TO FORM. MARK D, IENSLEY, CITY ATTORNEY Joaquin Ve ue , Aasiatant Ci Attorney insurance Approved by: South Bay Sprouts LLC ""'JBy�Contr�a' Paged 4 d Agreement No. 7126 EXHIBIT "A" CITY OF EL SEGUNDO RECREATION, PARKS AND LIBRARY SCOPE OF SERVICES ! STANDARDS 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. CONTRACTOR's hourly rate for special activities is N/A per hour. Scope of Services: Big & Little Gymnastics Cost: $280 Cost with Recreation ID: $224 Sand Cruisers Gymnastics Cost: $280 Cost with Recreation ID: $ 224 Little Waves Gymnastics Cost: $280 Cost with Recreation ID: $224 Page 5 of 8. Agreement No. 7126 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 EmergencyEmffgency 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 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. E ui ment Su 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 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. Page 6 of 8 No. 7126 1. Only those students enrolled with fhe CITY of El Segundo Community Services Department may participate in your class. Only those students registered with the CITY have signed release formslindernnity 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 -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 majority (greater than 500o) El Segundo resident composition. 6. Students must ai<encl program classlday/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. 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-upiinstructionlclean-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. a. Before submitting your invoice request a current roster from designated Department staff: Roster is to be dated within business days ricer to end Glass session date. Page 7 of B __ �. _ ._.. _ . ..� _ ... m w.�n.._ .._ _ _ Agreement, No. 7126 Fees: 1, Any material fees, leaque fees, meet fees, etc. must be included in the course fee. The Department reserves the right to audit the CON'TRACTOR's records. 2. CONTRACTORS may not collect class registration fees, To enroll, patrons must contact the department and r om pfate a class registration form ln6uding indenindicstion clause. 3. No discounts or fee waivers can be permitted to obtain program enrollment (see Course Management #1). dve isingublicit ?ltPeb, Sites: All wobsit:es, publicity, and/or advertising (including, without limitation, those on social media) for CGNTR, CTOR's class must be ap rovedbit the ClTY's t /rector. I, The following information must be listed or, 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 Departirtent. 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 !'tiquatic Center. 2240 E Grand Ave. El Segundo. Cry 90245, and esrec.org d. For more information call the Department at (3 t01 524-2700. e. Address/location of program 2, The City of El Segundo will advertise your program via the city website_ Contact the Director for more information. A copy of the MstructorAgree ment, including Ex-hibits 'A"and "Bzj ,krill be fonwarded for -your files once Agreement has been fully executed.