CONTRACT 7257 Instructor’s AgreementAgreement No. 7257
Rev 2/25/25
CITY OF EL SEGUNDO
RECREATION, PARKS AND LIBRARY
401 Sheldon Street
El Segundo CA 90245
(310) 524-2700
BUSINESS ENTITY INSTRUCTOR AGREEMENT
(BUSINESS AUTO INSURANCE WAIVER)
THIS AGREEMENT, is made and entered into as of the 26th day of February, 2025 between the CITY of El
Segundo (CITY) and A Yummy Future, a limited liability company. ("CONTRACTOR").
The parties agree as follows:
1. QUALIFICATIONS. CONTRACTOR certifies that it is 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 March 1, 2025, through December 31, 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"). CONTRACTOR
affirms and covenants that this Agreement constitutes a "low risk" contract, as described in Section 7 of
City Council Resolution No. 4813.
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 as follows:
A. The amount of seventy percent (70%) of course registration fees (as listed on file with the Department),
at the "Recreation ID" holder rate; and
B. Otherwise, services will be compensated at an hourly basis pursuant to the rate set forth in Exhibit "A."
Notwithstanding the foregoing, CITY's compensation payable to CONTRACTOR will not exceed the sum
of $15,000.
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.
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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 schedu;irg of a make-up class, unless solely authorized by the CTY.
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.
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; RELEASE; HOLD HARMLESS; DEFENSE.
A. To the fullest extent of the law, CONTRACTOR indemnifies, releases, 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, CONTRACTOR 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. The parties agree that the indemnification,
release, waiver, and hold harmless provisions in this section include CONTRACTOR's scope of work
under this agreement, including without limitation, any vehicular travel to and from the CITY related
to CONTRACTOR's performance under this Agreement.
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 Ilnsuran ce Limits
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Commercial general liability:
Business automobile liability
Workers Compensation
Rev 2/25/25
$1,000,000 per occurrence
Waived by City Council via agenda item B.10
(February 18, 2025)
Statutory Requirement (only if CONTRACTOR
has employees)
B. Commercial general liability ("CGL") insurance will 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. 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 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. See Exhibit "C" for required
endorsement language pertinent to the insurance requirements in this Section 15.
D. 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 Additional 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 contact with minors, before conducting any performance of this Agreement, all CONTRACTOR's
employees, subcontractors, volunteers, or other agents that will perform CONTRACTOR's work under this
Agreement must submit to and pass a background/fingerprint investigation conducted or approved by the
CITY. CONTRACTOR affirms and attests that its employees, subcontractors, volunteers, or other agents
that will perform CONTRACTOR's work under this Agreement have completed 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 the background and reporting
training will be completed before beginning performance under this Agreement. Upon CITY request,
CONTRACTOR will promptly furnish proof of completion of such mandated reporter training to CITY; but
in no event later than two business days following CITY's request.
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.
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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.
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 sarne counterpart. In accordance with
Government Code § 16.5, the parties agree that this Agreement, agreements ancillary to this agreement,
and related docurnents 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 lelectronic 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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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed.
CITY OF EL SEGUNDO
Aly Mancini, Director
ATT S
Susan rua,
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, CITY ATTORNEY
Joaquin zquez, ._...
Assistant ity Attorney
INSURANCE APPROVED:
A Yummy r
Name: n y cnnier
Sydney Sonnier
By:
- mm-"O'
Sharon Brenna t
Risk Manager
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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 $ per hour.
Exhibit A:
Contractor agrees to perform the following services:
1.Instruct cooking and food decorating/preparing to all aged, registered participants.
2.Instruct activities, put on special programs, and lead camps during the Winter, Spring, Summer and Fall
sessions.
3.Ensure each class participant is registered and signs the Release of Liability form.
4.Charge an additional material fee that is reimbursable up to 100% by the City of El Segundo. (optional)
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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.
Partici pant Emergency 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.
Equipment, Supplies 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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Course Mana ement:
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 -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 50%) El
Segundo resident composition.
6. Students must attend program class/day/time they are enrolled in.
7. Makeup classes should be scheduled through instructor, pending site availability.
8. Instructors may not permit siblings, friends, family members, or other invidivals to participate in and/or assist
with set-up/instruction/clean-up of the class or other performance of this Agreement without prior written
approval of the City.
9. Course syllabus must be discussed and approved by the Director before working.
CONTRACTOR Invoices:
1. Payments will be issued based upon the Department/Accounts Payable deadlines.
2. Under Directors 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 6 business da s orior to end class session date.
Fees:
1. Any material fees, league fees, meet fees, etc. must be included in the course fee. The Department reserves
the right to audit the CONTRACTOR's 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.
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3. No discounts or fee waivers can be permitted to obtain program enrollment (see Course Management #1).
Advertising, Publicity, Web Sites:
All web sites, publicity and/or advertising (including, without limitation, those on social media) for
CONTRACTOR's class must be,aperoved, by the CITY's 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
2. The City of El Segundo will advertise your program via the city website. Contact the Director for more
information.
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EXHIBIT "C"
CITY OF EL SEGUNDO INSURANCE ENDORSEMENT LANGUAGE
1. Additional Insured Endorsement with this language: `The City of El Segundo, its elected and appointed
officials, employees, and volunteers should be named as additional insureds."
2. Cancellation Endorsement with this language: 'The City of El Segundo will receive thirty (30) days written
notice in the event of cancellation, nonrenewed or reduction."
3. Primary and Non -Contributory Endorsement with this language: "Coverage is primary and non-contributory
such that,any other insurance that may be carried by the City will be excess thereto."
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