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CONTRACT 7317 Instructor’s AgreementAgreement No. 7317 Rev 2/27/25 CITY OF EL SEGUNDO RECREATION, PARKS AND LIBRARY 401 Sheldon Street El Segundo CA 90245 (310) 524-2700 RU_SINESS ENTITY INSTRUCTOR AGREEMENT THIS AGREEMENT, is made and entered into as of the 2nd day of June, 2025 between the CITY of El Segundo and Nathan Staso ("CONTRACTOR"). The parties agree as follows: I. 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 SERVICEISTANDARDS. CONTRACTOR agrees to perform the services as set forth in exhibit 'A" (attached) which are incorporated by reference. Such serv,icas are to be performed at a CITY of El Segundo owned, or controlled fcicilily location approximately between the hOUrS Of 7,00 @,nl. and 101-00 p.in, during the March 1, 2025, through December 31, 2025, as needed, Actual dates and firries 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 iho Wginning of each ca)eridar 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 instRictors as outhne,d in Exhibit 13" (attarhed) which are inc,,nrporated by reference. S. COMPENSATION, CONSIDERATION. As consideration for CONTRACTOR's services, CITY agrees to pay CONTRACTOR for the performance of such instructor seniices 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 $50,000. 6. CITY OBLIGATIONS, The CITY agrees to provide a facility, utilities, advertising via the webs,ite:, and participant registration services, 'rhe CITY will have no obtigation to provide any equiprneM or materjAs 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 $,COPE. CONTRACTOR's fee rate includes, wilhout limitation, the costs for the following-. CONTRAC FOR's instruction, instructional supplies and materials, assistants, publicity and transportation. B. NO SCHEDULE COMMITMENT, CONTRACTOR understands that this Agreement in no way commits the CITY to provide any number of instruction classes for CONTRACTOR, and Uie cancellation of any class will not result in the scheduling of a make-up class, unless solely authorized by the CITY. Page 1 of 11 Agreement No. 7317 Rev 2/27/25 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 eqUiprnent 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, willjout limitation, the EI 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 rs 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 de -tails 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 WI'VI-1 DIRECTOR. (ON"TRAGTOR will meet with Director, upon taco businPss (lays' 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 approvat the coarse 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 harmiess frorn ,,jrjr.jagainst any claim, action, damages, c osts (including, wjjf'jout limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance, Should CITY be narned in any suit, or' should any clairn be brought against it by suit or otherwise, whether the same Ile groundleass or not, arising out of this Agreement, or its performance, CONTRACTOR will defend CITY (at CITY's recj(rest ar)d with counsel satisfactory to CITY) and will indemnify c11'y for any judgment rendered against it or any sums paid Out in sefflernent 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 firnes this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimilm, with the firnits set forth below: TMg_gf Limits Commercial general liability: $1,000,000 per occurrence Business automobile liability Proof of Insurance (only if auto used in performance of work) Agreement No. 7317 Rev 2/27/25 Workers Compensation Statutory Requirement (only if CONTRACTOR has employees) 13, Commercial general liability ("CGIL") insurance will meet or exceed the requirements of ISO-CGL Forma No. Form CG 00 01 04 13, 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, aither the general aggregate limit Shall aPPIY separately to this project/location (ISO CG 25 03 of, 25 04) or the general aggregate, limit shall be twice the required occurrence limit. G. 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 ticificy, such personal policy RIUSt include and indicate business venture coverage with limits no less than $1,000,000 per accident for bodily injury and property damage. If CONTRACTOR has no owned autos, Code 8 (hired) and9 (non -owned), with lirrifts, 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 "C" to (.CITY before carrying out work under this Agreement. 0, The arnouill of insUrarlce set forth above will be a rorribined single lin,iit Per occUffer)GO for bodily injury, personal injury, and property damage for, the policy covet'aL )E,. Liability poficies will be endorsed tt.,) name CITY, its officials, and employePS as "additional insureds"under said insurance coverage and to state that Such inSLIMFICE� will be, (Jeemed "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, ornissions, Stich insurance will be on a ri "occurrence, " riot a "claims n wde, " 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 necessc,,inj end(Xs6ment to facilitate SLIch notice to CITY, See Exhibit `D" for require�d endons,ement iaoguage ;M-Irflnent to the insurance requirements in this Section '15. E. CONTRACTOR will furnish to CITY valid Certificates of insurance evklencing i1j;,iinteviance of the, insurance required under this Agreement, a copy of an Additional Insured (;.-ndojrscaaient confiri-ning 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 inswrors with a current A.M. Be. -it Goinptiny Rating equivalent to at least a Rating of "AMIL" 16. BACKGROUND CHECK; FINGERPRINTING; ASSOCIATED TRAINING, if CO1,TTRACTOR's work involves contact with minors, before conducting any perforrinance cif this Agreement, all CONTRACTOR's- (Nmployees, subcontractors, volunteers, or other agents that Will perform CONTRACTOR's work under this Agreement must st,1t,)mjt 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 gill perform CONTRACTOR's wark under this Agreement have completed training in chdd abuse and neglect identification and training in child abuse and neglect reporting, which rnay be meat by completing the online mandated reporter training provided by the Office of Child AbLiSe Prevention in the State c)epartnient of Social Services, CONTRACTOR affirms arid agrees that the., background and reporting training will be completed before beginning performance under this Agreement. Uporl CITY feq,Uest, CONTRACTOR will prarriptty furni%li proof of colvipletion of sL,ctl mandated reporter trSinirig to CITY, but, in no event no later than two, business days following CITY's request. 17, [RESERVED] Agreement No. 7317 Rev 2/27/25 18. REFUNDS. if CONTRACTOR is unavailable to instruct raaore than twenty-five percent (25%) of the scheduled classes, sludents will be allowed to withdraw from the class and receive a pro-rata refund for the remaining rlasses. 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,. explos"ron, acts of terrorism, wear, 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 naay be eXecuted by the parties on any numbem of separate counterparts, and all such cwaunterpaarts so executed, constitute one agreernent binding on all the parties notwithstanding that all the parties are not signatories to thae same couaatecillar In accordance with Government Code w '1&5, the parties agree that this Agreement, agreements ana.iilary to this �agr emaaetat, and related documents to be entered into irr r,mannectson with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will lae treated in all ,,expects gas N,, wring the saan'me effect as an original signature, CONTRACTOR warrants that its signatory (or si natodes, as applicable) to this Agreement has the legal authority to enter this Agreernerat aand bind CONTRACTOR accordingly. 21 _ INTEGRATION. This .Agreement, and its Attachments, sets forth the Parties'entire understanding. There are no rather understandings„ terms or rather agreements expressed, or implied, oral of written. Except: as 001E.Irvvmse provided this Agreement will kind and inure to the branr.afit of the Parties to this Agreement and any smrbse t.tent StAccessors and assigns. [SIGNATURES ON FOLLOWING PAGE] Page 4 of I I Agreement No. 7317 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed_ CITY F EL SEIG ADO [Nathan Stasol Darrell Geo Name rge ✓ City Manager ,By, ._....m. . ATTE�'T: �� bs Truax, City Clerk APPROVED AS TO FORM: bakARK D, HENSLEY, CITY ATTORNEY ',.Ssi, 'Jln City Attorney INSURANCE APPROVED: w._. f Sharon Brennan Risk Manager Page 5 of 11 Rev 2/27/25 Agreement No. 7317 Rev 2/27/25 CITY OF EL SEGUNDO SCOPE OF SERVICES I STANDARDS AND HOURLY RATE FOR SPECIAL ACTIVITIES CONTRACTOR agrees toperform the following services: (�|TYnmmk�ainsma�ainperhnn�anoeatanderdothatCDNTF�\�TORmo�dn�mete�chc�aeee��km� The criteria required must meet the minimums outlined b*|mm. CONTF&4CTOFCa hourly rate for special activities is $W/A per hour. Scope ofServices: PicWebsN1U1 with Coach Nathan Instructor Cost: $40 perola5l, Agreement No. 7317 Rev 2/27/25 EXHIBIT "B" CITY OF EL SEGUNDO RECREATION, PARKS AND LIBRARY CONTRACT CLASS AND PROGRAM POLICIES AND PROCEDURES erforman Policies: I. 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 rile 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. 5. 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. IaNtcmrtEn�erL procedure; 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 uilerat Su Ices 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, Page 7 or 11 Agreement No. 7317 Rev 2/27/25 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. Course Manac 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. G. Students must attend program classIdayltime 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 individuals 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 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 6 business days riot to �;nd' class session elate. Page 8 of 11 Agreement No. 7317 Rev 2/27/25 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' 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). Artvert�s . Publicity, Web Sites: All web sites, publicity and/or advertising (including, without limitation, those on social media) for CONTRACTOR's class rrrrrst,be a roved 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. Page 9 or 11 Agreement No. 7317 Rev 2/27/25 EXHIBIT "C" ATTESTATION OF NON -AUTO USE FOR BUSINESS ENGAGEMENT l„ <` hereby declare and attest under penalty of perjury under the laws of the State of California as follows: 1. CONTRACTOR seeks to be a contracted recreation instructor with the City of El Segundo (the "City"). 2. CONTRACTOR will not utilize any personal or business automobile for the purpose of performing any work, duties, or services on behalf of the City under the associated instructor agreement, including without limitation, travel to or from City facilities for such performance. 3. All services I will provide for the City are conducted in a manner that does not require the use of any automobile for transporting equipment, individuals, or for any work -related purposes. 4. As a result, CONTRACTOR does not require business automobile insurance as typically mandated for other contractors who use automobiles in their service to the City. 5. CONTRACTOR understand and acknowledge that this attestation is provided to comply with the City's contractual requirements and insurance obligations. Should circumstances change and CONTRACTOR begin utilizing an automobile in connection with my services to the City, CONTRACTOR agree to notify the City immediately and obtain the necessary business automobile insurance coverage. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATE: NAME AND TITLE (print):_..�.a1 Agreement No. 7317 Rev 2/27/25 EXHIBIT D 2ITY OF EL SEGU 1. Additional Insured Endorsement with this language: "The City of El Segundo, its elected and appointed officials, employees, and volunteers 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." i