CONTRACT 7185 Instructor’s AgreementAgreement No. 7185
Rev 12/26/24
CITY OF EL SEGUNDO
RECREATION, PARKS AND LIBRARY
401 Sheldon Street
El Segundo CA 90245
(310) 524-2700
INDIVIDUAL INSTRUCTOR AGREEMENT
THIS AGREEMENT, is made and entered into as of the 23rd day of January 2024, between the CITY of El
Segundo (CITY) and Pamela Karten ("CONTRACTOR").
The parties agree as follows:
1. QUALIFICATIONS. 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 CONTRACTOR's only occupation.
2. SCOPE OF SERVICE/STANDARDS. CONTRACTOR agrees to perform the services as 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 January 1, 2024, through February 28, 2025, 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, COURSE MATERIALS. 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. POLICIES AND PROCEDURES, 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. COMPENSATION; CONSIDERATION. As consideration for CONTRACTOR's services, CITY agrees to
pay CONTRACTOR for the performance of such instructor services in the amount of seventy percent (70%)
of course registration fees (as listed on file with the Department), 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. CITY OBLIGATIONS, 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. CITY facilities may be utilized for your class only at the designated class
date and time, at the designated class location, unless otherwise authorized by the CITY„
7. FEE SCOPE. CONTRACTOR's fee rate includes, without limitation, the costs for the following:
CONTRACTOR's instruction, instructional supplies and materials, assistants, publicity and transportation.
8. NO SCHEDULE COMMITMENT. 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. TERMINATION. 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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10. EQUIPMENT. CONTRACTOR will acquire, provide, repair and maintain at CONTRACTOR's sole cost and
expense such equipment as CONTRACTOR needs for performing this Agreement.
11. COMPLIANCE. 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. INDEPENDENT CONTRACTOR. 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. MEETING WITH DIRECTOR. 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 Insurance
Commercial general liability:
Commercial automobile liability
Workers Compensation
Sexual Abuse or Molestation ("SAM") Liability
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Limits
$1,000,000 per occurrence
Proof of Insurance (only if auto used in
performance of work)
Statutory Requirement (only if instructor has
employees)
$1,000,000 per occurrence (only if the work
includes contact with minors under 18 years of
age)
Agreement No. 7185
Rev 12/26/24
B. Commercial general liability ("CGL") insurance must meet or exceed the requirements of ISO-CGL
Form No. Form CG 00 01, or equivalent, covering CGL on an "occurrence" basis, including property
damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
C. For automobiles, the insurance must meet or exceed the requirements of Insurance Services Office
Form Number CA 0001 covering Code 1 (any auto), or, if CONTRACTOR provides proof of a
personal automobile policy, such personals policy must include and indicate business venture
coverage with hi -nits no less than $1,000,000 per accident for bodily injury and property damage. If
CONTRACTOR has no owned autos, Cade 8 (hired) and 9 (non -owned)„ with limits no less than
$1,000,000 per accident for bodily injury and property damage must be included in coverage. If
CONTRACTOR does not use an auto for any component of this Agreement's performance, then
CONTRACTOR must sign and submit the form attached as Exhibit "B" to CITY before carrying out
work under this Agreement.
D. 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 must 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 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, and the notice must include
any necessary endorsement to facilitate such notice to CITY.
CONTRACTOR 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."
16. BACKGROUND CHECK; FINGERPRINING; ASSOCIATED TRAINING. If CONTRACTOR's work
involves contract with minors, before conducting any performance of this Agreement, CONTRACTOR must
submit to and pass a background/fingerprint investigation conducted by the CITY. CONTRACTOR must
also complete training in child abuse and neglect identification and training in child abuse and neglect
reporting, which may be met by completing the online mandated reporter training provided by the Office of
Child Abuse Prevention in the State Department of Social Services. CONTRACTOR affirms and agrees
that any such reporting training will be completed before beginning performance under this Agreement.
17, [RESERVED]
18. REFUNDS. 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. FORCE MAJEURE. 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.
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20. SIGNATURES; COUNTERPARTS. 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. CONTRACTOR warrants that its
signatory (or signatories, as applicable) to this Agreement has the legal authority to enter this
Agreement and bind CONTRACTOR accordingly.
21. INTEGRATION. 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.
[SIGNATURES ON FOLLOWING PAGE]
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Agreement No. 7185
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Agreement No. 7185
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EXHIBIT "A"
CITY OF EL SEGUNDO RECREATION, PARKS AND LIBRARY
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.
CONTRACTOR's hourly rate for special activities is $N/A per hour.
Scope of Services:
Music Class Instructor
Costs: $250
Costs with Recreation ID: $200
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Agreement No. 7185
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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 Emeroiency 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 rnent 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.
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