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CONTRACT 7492 Instructor’s AgreementAgreement No. 7492 Rev 2/26/25 CITY OF EL SEGUNDO RECREATION, PARKS AND LIBRARY 401 Sheldon Street El Segundo CA 90245 (310) 524-2700 INDIVIDUAL INSTRUCTOR AGREEMENT (BUSINESS AUTO INSURANCE WAIVER) THIS AGREEMENT, is made and entered into as of the 17th day of November, 2025 between the CITY of El Segundo (CITY) and Saul Gonzalez ("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 the January 1, 2026 through December 31, 2028, 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, Parrs and Library Department (hereinafter, the "Department"), CONTRACTOR affirms and covenants that this Agreement ent 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. 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 per fiscal year. 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. 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. Page 1 of 10 Agreement No. 7492 Commercial general liability: Business automobile liability Workers Compensation Rev 2/26/25 $1,000,000 per occurrence Waived by City Council via agenda item B.10 (February 18, 2025) Statutory Requirement (only if instructor has employees) I Commercial general liability ("CGL") insurance must meet or exceed the requirements of ISO-CGL Form 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, 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; FINGERPRINTING; ASSOCIATED TRAINING. If CONTRACTOR's work involves contact with minors, before conducting any performance of this Agreement„ CONTRACTOR Must submit to and pass a background/fingerprint investigation conducted or approved by the CITY. CONTRACTOR crust 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. 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. 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 Page 3 of 10 Agreement No. 7492 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed.. CITY OF EL SEGUNDO Saul Gonzalez AIY Mancini, Director �� Nalme,: ATT Sus 'n, Truax, City Clerk APPROVED AS TO FORM. RK D. d 9 NSLE®, CITY ATTORNEY David King, Assistant City Attorney INSURANCE APPROVED: Risk rkager w1tL 5 Date By: Page 5 of 10 Rev 2/26/25 Agreement No. 7492 Rev 2/26/25 EXHIBIT "B" CITY OF EL SEGUNDO RECREATION, PARKS AND LIBRARY 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 ant Emer enc 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. Page 7 of 10 Agreement No. 7492 Rev 2/26/25 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 ra ust e approved 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 of 10