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HomeMy WebLinkAboutA9238 - DONNA NEWTONDocuSign Envelope ID: 267EOC9C-AF12-4FOC-A9E5-29E4E4028380 CONTRACT ABSTRACT Contract Company Name: Donna Newton Company Contact: Donna Newton Water Aerobics Summary of Services: Water Aerobics Instruction Contract Price: $0, See Compensation Section of Agreement Funding Source: None Contract Term: Effective Date — June 30, 2022 Munis Contract Number: Contract Administration Lead Department: Parks and Recreation DocuSigned by: Contract Administrator: Yvonne Wise E" 0� S21C175716E742A... Contract Approvals Council/ Community Redevelopment Agency Approval Date: N/A Agenda Item No./ Resolution No.: N/A Agreement No: A9238 Contract Compliance Exhibits: COMPLETED Signatures: COMPLETED Insurance: COMPLETED Bonds N/A I Contract prepared by: Janet Burns Submitted on: By: Janet Burns Note: Donna Newton was the Substitute Water Aerobics Instructor 2022. DocuSign Envelope ID: 267EOC9C-AF12-4FOC-A9E5-29E4E4028380 /"1 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/22/2022 IS CERTIFICATE S ISSUED AS A MATTEROF INFORMATIONL CONFERS NO RIGHTSPO CERTIFIC R. S CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the po icy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT NAME: MM — Fitness Instructor/Personal Trainer K&K Insurance Group, Inc. 1712 Magnavox Way Fort Wayne IN 46804 PHONE1-800-648-6406 1-260 459 5502 A/C, No, Ext : A/C No info fitnessinsurance-kk.com ADDRESS: @ CUSTOMER ID: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Markel Insurance Company 38970 Donna Sue Newton INSURER B: DBA: Donna Newton water fitness 2930 Sunflower Circle West INSURER C: INSURER D: Palm Springs, CA 92262 A Member of the Sports, Leisure & Entertainment RPG INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: W02162695 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MWD MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY MAADDE� � OCCUR X MlRPGOOOO000016600 04/25/2022 12:01 AM EDT 04/25/2023 12:01 AM EACH OCCURRENCE $1,000,000 PREMISES Ea Occurrence $1,000,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $5 000 000 ' POLICY ❑ JE OT 1-1LOC OTHER: PRODUCTS — COMP/OP AGG $1,000,000 rGEN'LAGGREGATELIMITAPPLIESPER: PROFESSIONAL LIABILITY $1,000,000 BODILYINJURYTO PARTICIPANTS $1,000,000 AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS SCHEDULED ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY NOT PROVIDED WHILE IN HAWAII Ea accident BODILY INJURY (Per person) BODILY INJURY Peraocdent ( ) PROPERTY DAMAGE fPer accident UMBRELLALIAB OCCUR EXCESS LIAB HCLAIMS-MADE DED RETENTION EACH OCCURRENCE AGGREGATE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/ Y / N EXECUTIVE M EXCLUDED?(Mandatory InNH) a If yes, describe under DESCRIPTION OF OPERATIONS betas N/A PER STATUTE LJ OTHER E.L. EACH ACCIDENT E.LDISEASE —EAEMPLOYEE E.L.DISEASE —POLICY LIMIT MEDICAL PAYMENTS FOR PARTICIPANTS PRIMARY MEDICAL EXCESS MEDICAL DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached It more space Is required) Certified Instructor of: Aquatic exercise The certificate holder is added as an additional insured, but only for liability caused, in whole or in part, by the acts or omissions of the named insured. IL"AN111112[N_\1a:[e1111914: w9fal:rllid1111I311701! City of Palm Springs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE P.O. Box 2743, Attn: City Clerk Palm Springs, CA 92262 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (Owner/Lessor of Premises) Coverage is only extended to U.S. events and activities. NOTICE TO TEXAS INSUREDS: The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 267EOC9C-AF12-4FOC-A9E5-29E4E4028380 POLICY NUMBER: M1RPG000000O016600 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) City of Palm Springs P.O. Box 2743, Attn: City Clerk Palm Springs, CA 92262 Named Insured: Donna Sue Newton DBA: Donna Newton water fitness Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 DocuSign Envelope ID: 267EOC9C-AF12-4FOC-A9E5-29E4E4028380 POLICY NUMBER: M1 RPG000000O016600 INTERLINE IL 12 01 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number POLICY NUMBER POLICY CHANGES EFFECTIVE COMPANY M1 RPG000000O016600 05/12/22 Markel Insurance Company NAMED INSURED AUTHORIZED REPRESENTATIVE Donna Sue Newton K&K Insurance Group, Inc. DBA: Donna Newton water fitness COVERAGE PARTS AFFECTED COMMERCIAL GENERAL LIABILITY COVERAGE CHANGES Form MGL 1574 and MIL 1215 have been added to the policy CP# 1887 Authorized Representative Signature IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 Copyright, ISO Commercial Risk Services, Inc., 1983 DocuSign Envelope ID: 267EOC9C-AF12-4FOC-A9E5-29E4E4028380 DocuSign Envelope ID: 267EOC9C-AF12-4FOC-A9E5-29E4E4028380 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: M1 RPG000000O016600 MARKEL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE PROVISION - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE The City of Palm Springs, its officers, officials, employees, and volunteers Attn: City Clerk PO Box 2743 Palm Springs, CA 92262 Person or Organization: Named Insured: Donna Sue Newton DBA: Donna Newton water fitness CP# 1887 Effective Date: 05/12/2022 - 04/25/2023 The following is added and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to the Person Or Organization shown in the Schedule of this endorsement, provided that: (1) Such Person Or Organization is an additional insured under your policy; (2) The additional insured is a Named Insured under such other insurance; and (3) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions remain the unchanged. MGL 1574 07 21 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. DocuSign Envelope ID: 267EOC9C-AF12-4FOC-A9E5-29E4E4028380 DocuSign Envelope ID: 267EOC9C-AF12-4FOC-A9E5-29E4E4028380 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: M1 RPG000000O016600 MARKEL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTY PERSONS OR ORGANIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL AUTO LIABILITY COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY COVERAGE FORM SCHEDULE Person(s) Or Organization(s) The City of Palm Springs, its officers, officials, employees, and volunteers Attn: City Clerk PO Box 2743, Palm Springs, CA 92262 Named Insured: Donna Sue Newton DBA: Donna Newton water fitness CP# 1887 Effective Date: 05/12/2022 - 04/25/2023 Number Of Days Advance Notice For Nonpayment For Any Other Of Premium Reason 30 30 A. If we cancel this policy for any reason, we will notify the Person(s) Or Organization(s) shown in the Schedule of this endorsement according to the applicable Number Of Days Advance Notice shown in the Schedule of this endorsement. However, in no event will the Number Of Days Advance Notice to such person(s) or organization(s) exceed the number of days advance notice to the first Named Insured. B. Our obligation to notify the Person(s) Or Organization(s) shown in the Schedule of this endorsement will terminate at the earlier of the current policy period expiration or when you no longer have a legal or contractual obligation to such person(s) or organization(s) to maintain insurance coverage under a policy which requires notification to the person(s) or organization(s) in the event of cancellation. C. Failure to provide such notification will not extend the policy cancellation date nor negate a cancellation of the policy. All other terms and conditions remain the unchanged. MIL 1215 01 18 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. DocuSign Envelope ID: 267EOC9C-AF12-4FOC-A9E5-29E4E4028380 DocuSign Envelope ID: 267EOC9C-AF12-4FOC-A9E5-29E4E4028380 1' vi 1 1 Vl' 1 A1 \S BUSINESS LICENSE 1J1vUK 1\llLT 3200 E TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 (760) 323-8289 PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY. BUSINESS NUMBER: 20027849 BUSINESS TYPE: WATER INSTRUCTOR (AEROBICS) OWNER NAME: DONNA S NEWTON BUSINESS NAME: DONNA S NEWTON WATER AEROBICS BUSINESS ADDRESS: 2930 SUNFLOWER CIRCLE WEST PALM SPRINGS, CA 92262 DONNA S NEWTON WATER AEROBICS 2930 SUNFLOWER CIRCLE WEST PALM SPRINGS, CA 92262 EXPIRATION TAX/ADMIN. FEE 9/30/2023 $13 5.00 ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE LICENSEE TO OPERATE OR MAINTAIN A BUSINESS IN VIOLATION OF ANY OTHER LAW OR ORDINANCE. THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY NOR OF THE APPLICANT'S QUALIFICATIONS. MUST BE POSTED IN A CONSPICUOUS PLACE DocuSign Envelope ID: 267EOC9C-AF12-4FOC-A9E5-29E4E4028380 CITY OF PALM SPRINGS INDEPENDENT CONTRACTOR AGREEMENT FOR PARKS & RECREATION INSTRUCTORS FY 2022-2023 THIS INDEPENDENT CONTRACTOR AGREEMENT FOR A RECREATION INSTRUCTOR ("Agreement") is made and entered into this 1 st day of August, 2022 ("Effective Date"), by and between Donna Newton ("Instructor"), and the City of Palm Springs (the "City"). The City and Instructor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 1. RECITALS A. City is a public agency of the State of California in need of professional recreational instruction for: Water Aerobics Class B. Instructor is an independent Instructor and possesses the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Instructor to provide the services described herein. 2. PURPOSE: The City hereby engages Instructorfor the purpose of providing Water Aerobics instruction, as further detailed in the Scope of Work attached hereto as Exhibit "A" and incorporated herein by reference (the "Services"). Instructor shall complete the Services in a skillful and competent manner, in accordance with all applicable laws, rules and regulations, and in accordance with the terms of this Agreement. Instructor shall perform such other duties as are customarily performed by one holding such position in other same or similar businesses or enterprises as that engaged in by the City. 3. TERM: The term of this Agreement shall begin on Effective Date and shall expire on June 30, 2023, unless earlier terminated as provided in this Agreement. 4. INDEPENDENT INSTRUCTOR: The Parties intend and agree that at all times during the performance of services pursuant to this Agreement, Instructor is and shall be acting as an independent Instructor. Instructor understands and acknowledges that in entering into this Agreement Instructor is an Independent Instructor and not an employee of the City and is not eligible for any benefits of City employment. Instructor further understands and acknowledges that City does not maintain any Workers' Compensation, accident or any type of insurance coverage for Independent Instructors. City shall not be liable for any payment or compensation in any form to Instructor other than as provided for herein. Other than the use of the facility, Instructor shall be responsible to use his or her own tools, supplies and equipment consistent with Section 6 herein and is responsible to determine the method and manner of instruction consistent with Section 2 herein. 55575.18185\33964072.1 DS �N Instructor's initials: DocuSign Envelope ID: 267EOC9C-AF12-4FOC-A9E5-29E4E4028380 5. EQUIPMENT AND LABOR: Instructor shall furnish all tools, equipment, apparatus, supplies, and materials ("Supplies and Equipment") required for performance of the Services, unless otherwise mutually agreed by the City. Instructor assumes all risk of loss, damage, or harm to the Supplies and Equipment arising in connection with the Services of this Agreement. 6. COLLECTION OF FEES: Fees shall be collected by the City through set registration procedures implemented by designated City staff ("Registration Fees"). Instructor is not authorized to collect Registration Fees on behalf of the City. However, in some instances, additional fees for supplies and/or materials necessary for the participation in and the completion of the class, program, camp, activity, etc. may be imposed by Instructor and are not considered Registration Fees and therefore will not be collected by the City. These fees will be collected by and paid directly to the Instructor/Instructor. 7. COMPENSATION: City agrees to pay Instructor for the performance of Services on the following terms: A. 70% of class registration fees collected B. All compensation shall be paid at the end of each month, in accordance with the payroll schedule. C. Instructor shall not be entitled to any additional compensation. 8. PAYMENT: The compensation provided in Paragraph 7 of this Agreement shall be paid upon satisfactory completion of the Services. The City Department of Parks and Recreation will provide Instructor with a printed report from ActiveNet. ActiveNet report will state the number of people registered for the program and the amount of money collected. Instructor will review and approve record. 9. SUBCONTRACTORS: In the event Instructor will not be able to teach class due to illness or any other reason, Instructor shall implement the following procedure: a. Instructor shall procure a substitute Instructor equally or better qualified and acceptable to the City to instruct class at the prescribed time and place. Subcontractors must meet the criminal background screening and fingerprinting requirements according to California Public Resources Code Section 5164. All substitute Instructors must be approved by the Department of Parks and Recreation prior to providing services. b. All subcontracts shall contain a provision making them subject to all applicable terms and conditions of this Agreement. A copy of all subcontracts shall be provided to the City within fifteen (15) days of subcontract execution. c. Instructor shall notify assigned designated staff regarding the substitute's name, qualifications, address, and phone information. Payment of all subcontractors shall be the responsibility of Instructor. DS VN 55575.18185\33964072.1 2 Instructor's initials: DocuSign Envelope ID: 267EOC9C-AF12-4FOC-A9E5-29E4E4028380 d. If a substitute cannot be procured, the class will be canceled and a make-up class added to the end of the session. Instructor shall be responsible for notifying the students of the cancellation. 10. SUPERVISION: Instructor shall establish appropriate rules for participation in the Services and shall assume responsibility for student discipline to ensure adequate protection of students and facility. Instructor agrees to work with assigned City staff to maintain accurate enrollment records. 11. FACILITY: The City shall be responsible for providing a suitable facility for the conduct of the Services (the "Facility") as specified in Exhibit A, unless otherwise noted under the "Special Arrangements" provision of this Agreement. As part of the Services, Instructor shall be solely responsible for setting up the Facility for instruction and maintaining the Facility in a clean, safe, and orderly manner. Instructor shall be responsible for cleaning and/or restoring the Facility to its usual condition following each class session. City representatives shall at all times have access to the Facility, whenever Services are in progress, to monitor programs for quality. 12. CONDUCT: Instructor understands that the City is a public entity under the laws of the State of California, and that the City's purpose in engaging Instructor is to provide its residents with recreational activities in a manner that will foster a sense of community, security, fun, and fair play. Instructor agrees to conduct himself/herself in a manner that will further these goals. Instructor further acknowledges that failure to do so may result in immediate termination of this Agreement. 13. COORDINATION OF SCHEDULE: Instructor agrees to coordinate with the City specified time(s) and date(s) for the Services in order to avoid conflict of use as outlined in Exhibit A. Dates and times shall be contingent upon Facility operational hours, and availability due to holidays and other events. It is agreed that the resolution of any conflict is at the sole discretion of the City Manager or his/her designee. Coordination is for the sole purpose of coordinating City's recreational program schedules and not to determine the method or means of performing the Instructor's services. 14. PUBLICITY: Instructor shall not advertise, print, or publish any promotional materials in connection with the Services without the prior written approval of the City Manager or his/her authorized representative. The City reserves the right to broadcast, televise, and photograph the Services for the purpose of advertising. 15.INSTRUCTOR REPRESENTATIONS AND ACKNOWLEDGMENTS: By signing this Agreement, Instructor represents and acknowledges: a. That the information provided by the Instructor in the Contract Class/Program Proposal ("Proposal") and this Agreement is true and correct to the best of Instructor's knowledge. Instructor further understands and agrees that any material misrepresentation may result in the immediate cancellation of this Agreement without prior notice or right of appeal. 55575.18185\33964072.1 DS �N 3 Instructor's initials: DocuSign Envelope ID: 267EOC9C-AF12-4FOC-A9E5-29E4E4028380 b. That the City will fingerprint all prospective instructors and substitute instructors for the Recreation Department who may have supervisory or disciplinary authority over minors, pursuant to Public Resources Code section 5164, prior to the commencement of instruction. Instructor understands the City will submit the fingerprints to the Department of Justice to obtain summary criminal history information on all such prospective instructors, as authorized by California Penal Code section 1105.3. Instructor understands that, as authorized by California Public Resources Code section 5164, the City will refrain from hiring any prospective instructor whose criminal summary record shows a conviction for any offense specified by that section. c. Instructor understands that a background investigation may be conducted in order to verify Instructor's responses in the Proposal and/or Agreement and to otherwise obtain information as to Instructor's character, reputation, personal characteristics, work habits, academic credentials, job performance, experience and/or criminal history from various private and public sources, along with other public records available. Instructor further understands that this investigation may involve an "investigative consumer report" that may include information as to Instructor's character, general reputation, or personal characteristics, obtained through personal interviews with neighbors, friends, associates and/or others who may have knowledge of such items of information. Instructor understands that Instructor has a right within a reasonable period of time to request a complete and accurate disclosure of the nature and scope of the investigative consumer report. Instructor recognizes, however, that such disclosure will not include the names of sources, the information obtained, nor a copy of the investigative consumer report. 16. HOLD HARMLESS AND INDEMNIFICATION: Instructor shall defend, indemnify, and hold harmless the City, its officials, officers, agents, employees, and volunteers ("Indemnified Parties") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage, or injury in law or equity to property or persons, including wrongful death, in manner arising out of our incident to any alleged acts, omissions, or willful misconduct of Instructor, its employees, agents, consultants, Instructors, and volunteers arising out of or in connection with the performance of the Services or this Agreement, including without limitation the payment of all consequential damages and attorney's fees and other related costs and expenses. Instructor shall pay and satisfy any judgement, award, or decree that may be rendered against the Indemnified Parties, or any of them, in any such suit, action, or other legal proceeding. Instructor shall reimburse the Indemnified Parties for any and all legal expenses and costs incurred by any of them in connection therewith or in enforcing the indemnity herein provided. Instructor's obligation to indemnify shall not be restricted to insurance proceeds, in any, received by the Indemnified Parties. Such indemnification shall cover death or bodily injury to any person; injury to, loss, or theft of property, injury arising from the furnishing or use of any copyrighted or uncopyrighted composition, secret process, or patented or unpatented invention, or any other type of injury, whether such injury or damage occurs on or off City property. This provision shall survive any expiration or termination of this Agreement. 55575.18185\33964072.1 DS �N 4 Instructor's initials: DocuSign Envelope ID: 267EOC9C-AF12-4FOC-A9E5-29E4E4028380 17. RELEASE OF LIABILITY; WAIVER OF CLAIMS: a. Instructor fully releases, waives all claims against and discharges the City, its officials, officers, directors, employees, agents, Instructors and volunteers ("Released Parties") from any and all claims, actions, debts and liabilities for damages which Instructor or any of its subcontractors or related parties ("Instructor Parties") now have or in the future may have against the Released Parties for any injuries, loss through theft, or damage to property suffered by the Instructor Parties by reason of performance of the Services, this Agreement, or by reason of the presence on City premises or in City facilities in conjunction with the performance of the Services. Instructor assumes full responsibility for any injuries, damages or losses that Instructor or the Instructor Parties may incur in performing this Agreement, regardless of any negligence on the part of the Released Parties. b. This waiver and release specifically constitutes a waiver of each and all of the provisions of California Civil Code section 1542. With respect to the matters released hereunder, Instructor waives any rights or benefits that he or she might otherwise have under California Civil Code section 1542, or any other similar law. California Civil Code section 1542 provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." c. Instructor has read and understands that the above waiver and release will prevent the Instructor or the Instructor's estate from recovering damages in the event of bodily injury, death, or damage to property. Nevertheless, Instructor executes this Agreement freely and voluntarily and agrees that it will be binding upon the Instructor and the Instructor's heirs, assigns, successors, and legal representatives. Instructor shall not allow any Instructor Parties to participate in the Services unless and until such Instructor Parties have executed a waiver and release containing the terms above. The above waiver and release shall survive any expiration or termination of this Agreement. 18. INSURANCE: The City reserves the right to require Instructor to maintain insurance for the duration of this Agreement. Insurance requirements, if any, are attached as Exhibit "B" and incorporated herein by reference. Instructor shall provide City with proof of insurance prior to the commencement of Services. 19.ASSUMPTION OF RISK: It is understood that Instructor and any subcontractors of Instructor are not covered by the City's Worker's Compensation Insurance and, therefore, perform the Services at their own risk. The City shall not be liable for any personal injuries incurred during the performance of the Services or this Agreement. Any substitute or subcontractor for Instructor shall not be a volunteer and shall not be considered an employee of Instructor. If Instructor has employees, Instructor shall be required to provide DS 55575.18185\33964072.1 Lv� 5 Instructor's initials: DocuSign Envelope ID: 267EOC9C-AF12-4FOC-A9E5-29E4E4028380 Worker's Compensation Insurance as required by the State of California Employer's Liability Insurance. This provision shall survive any expiration or termination of this Agreement. 20.TUBERCULOSIS SCREENING: If the Services involve park, playground, recreational centers used for recreational purposes by the City, and if the Services will include being in contact with children, prior to commencing performance of the Services, Instructor shall provide to the City a certificate showing that within the last two years the Instructor has been examined and has been found to be free of communicable tuberculosis. 21. GENERAL COMPLIANCE WITH LAWS. Instructor shall comply with all federal, state, and local laws, statutes, rules and regulations in any manner affecting the performance of the Services or this Agreement. 22. AMERICANS WITH DISABILITIES ACT: Instructor agrees that he or she shall make every attempt to accommodate people with physical and/or mental disabilities. Instructor shall not discriminate on the basis of such disabilities. 23. GOVERNING LAW: This Agreement shall be interpreted in accordance with the laws of the State of California. Venue shall be in Riverside County, California. 24.ATTORNEY FEES: In the event of litigation between the Parties, the prevailing Party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, as determined by the court. 25. BUSINESS LICENSE: Instructor shall obtain and follow all business license requirements as outlined in City Municipal Code Chapter 3.40. All business license requirements must be met prior to approval of this Agreement. 26. MODIFICATION: No amendment or modification of this Agreement is valid unless made in a writing signed by both Parties to this Agreement. 27. NON -ASSIGNMENT: Instructor shall not have any right to assign and/or transfer his or her rights and/or obligations under this Agreement without the prior written consent of the City. 28. DEFAULT: Failure to comply with any of the terms and/or conditions of this Agreement shall constitute default by the Instructor. 29. TERMINATION: This Agreement may be terminated for convenience by the City upon thirty (30) days written notice to Instructor. The City shall have the right to immediately terminate this Agreement for cause, without prior notice, and without penalty or liability on the part of the City. Termination for cause shall be made by written notice setting forth the effective date of termination. 55575.18185\33964072.1 DS INN 6 Instructor's initials: DocuSign Envelope ID: 267EOC9C-AF12-4FOC-A9E5-29E4E4028380 30. NOTICE: Any notice required to be given pursuant to this Agreement may be personally served on the Parties or may be served by certified mail, return receipt request, to the Parties signing this Agreement, at the addresses specified on the signature page. 31. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties concerning the subject manner hereof and supersedes all agreements, representations, statements, promises, and understandings, whether oral or written, with respect to the subject matter hereof. 32. SEVERABILITY: In the event any terms or condition of this Agreement shall be held to be invalid and unenforceable by a court of competent jurisdiction, the other terms and conditions of this Agreement shall be valid and binding on the Parties hereto. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal. Waiver by any Party of any portion of this Agreement shall not constitute a waiver of any other portion thereof. 33. SPECIAL ARRANGEMENTS: Special arrangements may be further detailed in Exhibit "A". 34. COORDINATION OF WORK: Donna Newton, Water Aerobics Instructor c/o 405 S. Pavilion Way, Palm Springs, CA 92262 (617) 816-5005 1 donna4newton@aol.com Yvonne Wise, Director of Parks & Recreation 401 S. Pavilion Way, Palm Springs, CA 92262 (760) 323-8272 1 yvonne.wise@palmspringsca.gov �N 55575.18185\33964072.1 7 Instructor's initials: DocuSign Envelope ID: 267EOC9C-AF12-4FOC-A9E5-29E4E4028380 35. NON-EXCLUSIVE AGREEMENT: Instructor is not in an exclusive Agreement with the City and is free to perform the same or similar services for others without restriction by the City. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year last written below. CITY OF PALM SPRINGS DocuSigned by: E t Vt,Sa �aUA"v, 10/18/2022 1nR9nRr9R77R459 Teresa Gallavan Interim City Manager LDocuSigned by: [&X. 10/17/2022 S91 C175716F749A Yvonne Wise Director, Parks & Recreation APPROVED AS TO FORM: E DouSigned by: �(r baww 10/17/2022 9656A1483C6E407_ Jeff Ballinger City Attorney ATTEST: DocuSigned by: LPiuL 10/18/2022 E) Brenda Pree City Clerk RECREATIONAL INSTRUCTOR DocuSigned by: Oblit.AA UWW , 10/17/2022 Donna Newton, Water Aerobics Instructor Ly� 55575.18185\33964072.1 8 Instructor's initials: DocuSign Envelope ID: 267EOC9C-AF12-4FOC-A9E5-29E4E4028380 EXHIBIT A SCOPE OF WORK I. RECREATIONAL INSTRUCTION DESCRIPTION Instructor warrants that that he/she is qualified to provide professional recreation instruction services in a manner consistent with industry standards to teach adult students the methods and skills of Water Aerobics. II. FACILITY Instructor shall utilize designated area of the Palm Springs Swim Center as the location for scheduled classes and such usage may change due to availability. III. CLASS SCHEDULE Classes will be scheduled on Class hours may be adjusted based on seasons with written approval of the Parks & Recreation Director. The standard schedule is as follows: CLASS DAY DURATION TIME Water Aerobics Tuesday 1 hour 10:00 AM — 11:00 AM Thursday Saturday IV. CLASS PROMOTIONAL FLYER The City of Palm Springs Parks & Recreation staff shall produce a flyer to help promote the Instructor -led classes. V. CLASS FEE SCHEDULE Classes will be scheduled on Tuesdays, Thursdays, and Saturdays, during recreational facility standard operational hours. Fees shall be collected via the Palm Springs Swim Center Staff, and recorded in the City of Palm Springs ActiveNet registration system. No waitlist will be utilized. CLASS REGISTRANT TYPE CLASS FEE Drop -In $5.00 per class VI. CITY OF PALM SPRINGS PARKS & RECREATION FEES A City of Palm Springs Annual Recreation Membership is required to participate in Instructor -led classes. City of Palm Springs recreation membership fees are set annually and are subject to change by subsequent City action. CITY OF PALM SPRINGS ANNUAL FEE RECREATION MEMBERSHIP TYPE Palm Springs Resident Adult $5 Youth $5 (Ages 4-12) Proof of residency required Non -Resident Adult $102 Youth $27 (Ages 4-12) DS 55575.18185\33964072.1 g Instructor's initials: Eo� DocuSign Envelope ID: 267EOC9C-AF12-4FOC-A9E5-29E4E4028380 VII. COMMUNITY EVENTS Instructor may be asked to provide Water Aerobics demonstrations and/or educational sessions at City of Palm Springs Parks & Recreation Department community events and meetings, as requested. Activities may be scheduled up to two (2) times during the term of this Agreement with no additional compensation to the Instructor. DS 55575.18185\33964072.1 Lv� 10 Instructor's initials: DocuSign Envelope ID: 267EOC9C-AF12-4FOC-A9E5-29E4E4028380 Exhibit B Insurance Requirements Instructor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, the following policies of insurance: 1. Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis. A combined single limit of $1,000,000.00 per occurrence and a general aggregate limit in the amount of not less than $2,000,000, unless otherwise approved or reduced by the City's Risk Manager ("Risk Manager"), or his designee. 2. Workers' Compensation Insurance. To the extent required by Labor Code section 3700, Instructor shall procure and maintain workers' compensation insurance it shall be procured and maintained in such amount as will fully comply with the laws of the State of California and that shall indemnify, insure and provide legal defense for both Instructor and City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any person retained by Instructor in the course of carrying out the work or service contemplated in this Agreement. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against City, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled, Instructor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 1 to the Contract Officer. No work or services under this Agreement shall commence until Instructor has provided City with Certificates of Insurance or other forms of coverage evidencing the above insurance coverages said certificates of insurance of binders are approved by City. Instructor agrees that the provisions of Exhibit B shall not be construed as limiting in any way the extent to which Instructor may be held responsible for the payment of damages to any persons or property resulting from Instructor activities or the activities of any person or persons for which Instructor is otherwise responsible. Ly� 55575.18185\33964072.1 11 Instructor's initials: DocuSign Envelope ID: 267EOC9C-AF12-4FOC-A9E5-29E4E4028380 TO ATTN SUBJECT. City of Palm Springs City Clerk and Risk Manager Sole Proprietor/Partnership/Closely Held Corporation with No Employees Please let this memorandum notify the City of Palm Springs that I am a sole proprietor ❑ partnership ❑ closely held corporation and do not have any employees whose employment requires me to carry workers' compensation insurance. Therefore, I do not carry workers' compensation insurance coverage. I further warrant that I understand the requirements of Section 3700, et seq., of the California Labor Code with respect to providing Workers' Compensation coverage for any employees. I agree to comply with the code requirements and all other applicable laws and regulations regarding workers' compensation, payroll taxes, FICA and tax withholding and similar employment issues. I further agree to hold the City of Palm Springs harmless from loss or liability which may arise from the failure to comply with any such laws or regulations. iT Risk Management Approval: Contractor Signature -Dan il,- .S V e") �� Printed Name of Contractor Date Date