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HomeMy WebLinkAboutA8499 - MARY BARSALEAU - FOR PICKELBALLCONTRACT ABSTRACT Contract prepared by: Janet Burns Submitted on: 07/14/23 By: Janet Burns, Administrative Assistant Note: Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Munis Contract Number: Mary Barsaleau Mary Barsaleau Instructor for Pickleball Classes $0, see Party Obligations None July 1, 2023 – June 30, 2024 Contract Administration Lead Department: Contract Administrator: Department of Parks and Recreation Yvonne Wise Contract Approvals Council/ Community Redevelopment Agency Approval Date: Agenda Item No./ Resolution No.: Agreement No: N/A N/A A8499 Contract Compliance Exhibits: Signatures: Insurance: Bonds COMPLETED COMPLETED COMPLETED N/A DocuSign Envelope ID: 125E2E81-EC81-4A6D-8ECE-3BDCABEB2D62 55575.18185\33964072.1 1 Instructor’s initials: CITY OF PALM SPRINGS INDEPENDENT CONTRACTOR 70/30 AGREEMENT FOR PARKS & RECREATION INSTRUCTORS FY 2023 - 2024 THIS INDEPENDENT CONTRACTOR AGREEMENT FOR A RECREATION INSTRUCTOR (“Agreement”) is made and entered into this ___ day of __________, 2023 (“Effective Date”), by and between Mary Barsaleau (“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: Pickleball 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 Instructor for the purpose of providing professional Pickleball 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, 2024, 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. DocuSign Envelope ID: 125E2E81-EC81-4A6D-8ECE-3BDCABEB2D62 55575.18185\33964072.1 2 Instructor’s initials: 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. DocuSign Envelope ID: 125E2E81-EC81-4A6D-8ECE-3BDCABEB2D62 55575.18185\33964072.1 3 Instructor’s initials: 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. DocuSign Envelope ID: 125E2E81-EC81-4A6D-8ECE-3BDCABEB2D62 55575.18185\33964072.1 4 Instructor’s initials: 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. DocuSign Envelope ID: 125E2E81-EC81-4A6D-8ECE-3BDCABEB2D62 55575.18185\33964072.1 5 Instructor’s initials: 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 DocuSign Envelope ID: 125E2E81-EC81-4A6D-8ECE-3BDCABEB2D62 55575.18185\33964072.1 6 Instructor’s initials: 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. DocuSign Envelope ID: 125E2E81-EC81-4A6D-8ECE-3BDCABEB2D62 55575.18185\33964072.1 7 Instructor’s initials: 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: Mary Barsaleau, Pickleball Instructor c/o 3601 E. Mesquite Avenue, Palm Springs, CA 92264 949-939-4888 | mgbarsaleau@gmail.com Yvonne Wise, Director of Parks & Recreation 401 S. Pavilion Way, Palm Springs, CA 92262 (760) 323-8272 | yvonne.wise@palmspringsca.gov 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. (SIGNATURES TO FOLLOW) DocuSign Envelope ID: 125E2E81-EC81-4A6D-8ECE-3BDCABEB2D62 55575.18185\33964072.1 8 Instructor’s initials: IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year last written below. CITY OF PALM SPRINGS RECREATIONAL INSTRUCTOR Yvonne Wise Mary Barsaleau, Pickleball Instructor Director, Parks & Recreation APPROVED AS TO FORM: _____________________________ Jeff Ballinger City Attorney ATTEST: _____________________________ Brenda Pree City Clerk DocuSign Envelope ID: 125E2E81-EC81-4A6D-8ECE-3BDCABEB2D62 7/17/20237/17/2023 7/18/2023 7/18/2023 55575.18185\33964072.1 9 Instructor’s initials: 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 Pickleball from beginner to advanced training. II. FACILITY Schedule A – Instructor shall utilize the two (2) indoor Pickleball courts at Demuth Community Center; subject to City’s right to use or lease to third parties the City facilities, which right the City may exercise in its sole and absolute discretion. City shall notify Tenant within twenty-four (24) hours prior to exercising its right to use the City facilities under Section 2.1.1. Schedule B - Instructor shall utilize no more than two (2) outdoor Pickleball courts at Demuth Park, identified as Court 11 and Court 12. Pickleball courts shall be designated by the Parks & Recreation department and may change due to availability. Subject to monthly availability, a shared storage space may be provided for storing class-related supplies and accessible during standard Demuth Park hours. City of Palm Springs is not responsible for damage or loss of any materials or items left after the season. Inclement Weather - Instructor may utilize the indoor Pickleball courts at Demuth Community Center during inclement weather with a twenty-four (24) hour notice to the Director of Parks and Recreation prior to exercising right to use the facility. It is the instructor’s responsibility to notify class participants when class is canceled or moved indoors. Should classes be moved indoors, City reserves the right to change class times to accommodate for any existing classes held at Demuth Community Center. III. CLASS SCHEDULE Classes will be scheduled on Thursdays during preset hours to occur within a 4-hour daily time window. Class hours may be adjusted based on seasons with written approval of the Parks & Recreation Director. The standard schedule is as follows: Schedule A –Summer Effective July 1, 2023 – October 1, 2023, AND May 1, 2024 – June 30, 2024 CLASS DAY DURATION TIME Beginners /Advanced Beginner Thursday 90 minutes 9:00 AM – 10:30 AM Intermediate Thursday 90 minutes 10:30 AM – 12:00 PM DocuSign Envelope ID: 125E2E81-EC81-4A6D-8ECE-3BDCABEB2D62 55575.18185\33964072.1 10 Instructor’s initials: Schedule B – Fall / Winter / Spring Effective October 1, 2023 – April 30, 2024 CLASS DAY DURATION TIME Beginner Thursday 90 minutes 8:00 AM – 9:30 AM Advanced Beginner Thursday 90 minutes 9:30 AM – 11:00 AM Intermediate and Up Thursday 90 minutes 11:00 AM – 12:30 PM IV. CLASS ENROLLMENT Classes will be set at a maximum of eight (8) participants per class, payment of classes must be made prior to class participation. Instructor will be responsible for producing own roster at beginning of each class. No waitlist will be utilized. *No refunds and no adjustments if participants miss a class. V. CLASS PROMOTIONAL FLYER The City of Palm Springs Parks & Recreation staff shall produce a flyer to help promote the Instructor-led classes. VI. CLASS FEE SCHEDULE Classes will be scheduled on Thursdays during recreational facility and parks standard operational hours. Fees shall be collected via the City of Palm Springs ActiveNet registration system. CLASS REGISTRANT TYPE COURSE FEE SCHEDULE A Monthly Course Registration* 4 Thursdays $80.00 Monthly Course Registration* 5 Thursdays $100.00 Daily Drop-In $25.00 SCHEDULE B Monthly Course Registration* 4 Thursdays $95.00 Monthly Course Registration* 5 Thursdays $115.00 Daily Drop-In $25.00 VII. 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 RECREATION MEMBERSHIP TYPE ANNUAL FEE Palm Springs Resident Proof of residency required Adult $5 Youth $5 (Ages 4-12) Non-Resident Adult $102 Youth $27 (Ages 4-12) DocuSign Envelope ID: 125E2E81-EC81-4A6D-8ECE-3BDCABEB2D62 55575.18185\33964072.1 11 Instructor’s initials: VIII. COMMUNITY EVENTS Instructor may be asked to provide Pickleball 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. DocuSign Envelope ID: 125E2E81-EC81-4A6D-8ECE-3BDCABEB2D62 09/14/2022 Correll Insurance Group of Hilton Head PO Box 6869 Hilton Head Island SC 29938 Michele Reitz (843) 785-7733 mreitz@correllhhi.com Professional Tennis Registry, Inc. Professional Pickleball Registry, Inc. Professional Platform Tennis Registry, Inc. / P. O. Box 4739 Hilton Head Island SC 29938 Philadelphia Indemnity 18058 PTR PPR Blank A PHPK2443121 09/01/2022 09/01/2023 1,000,000 100,000 Excluded 1,000,000 3,000,000 3,000,000 A 10,000 PHUB825358 09/01/2022 09/01/2023 5,000,000 5,000,000 [Job #: 507 Job Type: ] 73891 - Certificate Holder is listed as Additional Insured # 507 with respect to Member # 73891 - Mary Barsaleau , 36048 Avenida de Las Montanas , Cathedral City CA 92234-1514 City of Palm Springs PO Box 2743 Attn: City Clerk Palm Springs CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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 endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: 125E2E81-EC81-4A6D-8ECE-3BDCABEB2D62 City of Palm Springs Parks & Recreation Department Recreational Instructor Agreement NAME: Mary Barsaleau ADDRESS: 36068 Avenida de las Montanas Cathedral City, CA 92234 PHONE: 949-939-4888 INSTRUCTION TYPE: Pickleball Instructor This Recreational Instructor Agreement ("Agreement") is made and entered into this lak day of Ma rU�, , 20+9'by and between the CITY of Palm Springs, a California charter city and municipal corporati7Ii°, ("CITY") and Mary Barsaleau, an entity and his/her employees, agents, or officers (collectively referred to as "INSTRUCTOR"). I. SCOPE OF WORK A. CITY seeks to provide pickleball instruction services. INSTRUCTOR shall perform all necessary and appropriate services consistent with lessons ("Services"). Services are detailed in Exhibit "A," attached hereto and incorporated herein by reference. B. Services shall be performed at the-Palm Springs Demuth Park Pickleball Courts ("Facilities"). C. INSTRUCTOR warrants that he/she is qualified to provide CITY with Services, and holds all necessary certifications and licenses. D. INSTRUCTOR warrants that he/she will provide all necessary supplies, equipment, personnel, and other such necessities that enable him/her to perform the Services in a safe, competent, and professional manner. E. INSTRUCTOR shall perform the Services in a manner consistent with industry standards and the expectations of a reasonable person. II. DURATION A. Services shall begin on December 1, 2019 and end on November 30, 2020, with a quarterly review with the Parks and Recreation Commission. B. This Agreement may be extended by written agreement between CITY and INSTRUCTOR. C. CITY may terminate this Agreement at any time, with opr without cause, by giving written notice to INSTRUCTOR. Upon receipt of notice of termination, INSTRUCTOR shall cease performance of all Services on the date set forth on the notice of termination, or immediately if no date is provided. INSTRUCTOR shall be entitled only to compensation for services rendered prior to the termination date. III. COMPENSATION A. CITY agrees to pay INSTRUCTOR for the performance of Services on the following terms: 1. Flat fee $ 2. Hourly fee $ 3. Contingent fee $ per 4. Other 70% of fees collected B. All compensation shall be paid at the end of the each month, in accordance to the payroll schedule. C. INSTRUCTOR shall not be entitled to any additional compensation. IV. USE OF FACILITIES A. INSTRUCTOR shall only use the Facilities for the Services described in this Agreement. B. INSTRUCTOR shall be responsible for any damage caused to the Facilities arising out of his/her rendering of the Services. C. INSTRUCTOR shall ensure that the Facilities are clean following each use. D. INSTRUCTOR shall ensure that the Facilities are secured following each use. V. 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. VI. INDEMNITY To the fullest extent permitted by law, INSTRUCTOR shall defend (at INSTRUCTOR'S sole cost and expense), indemnify, protect, and hold harmless CITY, its officials, officers, employees, agents and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to, Claims arising from injuries to or death of persons (INSTRUCTOR'S employees included), for damage to property, including property owned by CITY, or from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to INSTRUCTOR'S performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit INSTRUCTOR'S indemnification obligation or other liability hereunder. INSTRUCTOR'S indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. VII. INDEPENDENT INSTRUCTOR The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make INSTRUCTOR a CITY employee. During the performance of this Agreement, INSTRUCTOR and its officers, employees, and agents shall act in an independent capacity and shall not act as CITY officers or employees. INSTRUCTOR will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of INSTRUCTOR shall at all times be under INSTRUCTOR'S exclusive direction and control. Neither CITY nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of INSTRUCTOR or any of its officers, employees, or agents, except as set forth in this Agreement. INSTRUCTOR, its officers, employees or agents, shall not maintain a permanent office or fixed business location at CITY'S offices. CITY shall have no voice in the selection, discharge, supervision, or control of INSTRUCTOR'S officers, employees, representatives or agents or in fixing their number, compensation, or hours of service. INSTRUCTOR shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. CITY shall not in any way or for any purpose be deemed to be a partner of INSTRUCTOR in its business or otherwise a joint venture or a member of any joint enterprise with INSTRUCTOR. VIII. SUBCONTRACTING OR ASSIGNMENT PROHIBITED INSTRUCTOR'S expertise, capability, and reputation were a substantial inducement for CITY to enter into this Agreement. A. Only those authorized in writing by the CITY may render Services or perform any term of this Agreement. B. INSTRUCTOR shall not agree with any other party to perform the Services without the CITY'S express prior written approval. C. This Agreement shall not be assigned in whole or in part to another party without CITY'S express prior written approval. IX. INTEGRATED AGREEMENT This Agreement contains all terms and conditions between INSTRUCTOR and CITY and cannot be supplemented or modified without mutual written agreement. X. COMPLIANCE WITH THE LAW A. INSTRUCTOR shall perform all Services in accordance with all applicable federal, state, and local laws. B. INSTRUCTOR shall obtain and keep current any necessary licenses or permits necessary for the lawful performance of Services. C. In the performance of Services, INSTRUCTOR shall not discriminate against any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. XI. CRIMINAL BACKGROUND CHECK CITY may require INSTRUCTOR to submit to, and pass, a criminal background investigation prior to the commencement of Services. XII. LEGAL ACTION In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. XIII. ATTORNEY FEES In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys' fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non- judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. XIV. GOVERNING LAW California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and INSTRUCTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. INSTRUCTOR hereby warrants that he/she has fully read this Agreement, understands and agrees to each and every tern, and is authorized to sign on behalf of any authorized persons performing the Services. [SIGNATURES ON THE FOLLOWING PAGE] 7160 ature Date isG � S � `� �" � Printed Name itle David H. Ready, City Manager Date City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs,CA 92262. 760.323.8201 APPROVED AS TO FORM: Je�f BaKin er, Date City Attorney ST: APPROVED BY CITE MANAGER ty chrlt ' EXHIBIT A 1. Describe activity/instruction and services to be rendered: Class 1: Pickleball Instruction at the Demuth Park Pickleball Courts on Thursdays from 12:30pm-3:30pm. Four courts will be designated for this class (Court numbers 1-4) Class 2: Pickleball Instruction at the Demuth Community Center on Mondays from 1:00pm- 2:30pm 2. Frequency of meetings: 1 Day a week per location. Monday Classes will be held'at Demuth Community Center and Thursday Class will beheld at Demuth Park. Contract to be reviewed by commission guarterly. 3. List all instructors, assistants,helpers, volunteers: NAME ROLE Mary Barsaleau 4. List materials and supplies to be used: Instructor will provide paddles and balls for class. 5. Estimated class size: 5-24 for Outside Courts and 5-12 for inside courts 6. Fee schedule: $60 a month. EXHIBIT B INSURANCE REQUIREMENTS