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electriKIDS Inc - FY2024-01701203.0001/575243.4 1 of 10 AGREEMENT FOR CLASS INSTRUCTION Business Name/ DBA/Sole Proprietor electriKIDS, Inc. Type of Legal Entity Corporation Limited liability company (LLC) Limited partnership (LP) General partnership (GP) Sole proprietor Address for Notices Street: 2225 Via Cerritos City: Palos Verdes Estates State: CA Zip Code: 90274 Email Address: electrikids@hotmail.com Work Phone: 310-709-2921 Cell Phone: This Agreement is made and entered into by and between the City of Rancho Palos Verdes, a municipal corporation (City) and electriKIDS, Inc. (Instructor). RECITALS A. City desires to offer one or more classes, as described in Exhibit “A”, Class Schedule, to this Agreement, B. Instructor represents Instructor (i) has sufficient professional experience for the classes identified in Exhibit “A”, (ii) will teach such classes to the best of Instructor’s ability and in accordance with the highest professional standards, and (iii) has all required licenses, permits, and approvals required by law for the performance of the services required by this Agreement. Therefore, City and Instructor mutually agree as follows: 1. INSTRUCTOR’S SERVICES. 1.1. Recitals. The foregoing Recitals are true and correct, and are incorporated herein by this reference. 1.2. Responsibilities of Instructor. The Instructor has the following responsibilities in providing Instruction services on behalf of City: 1.2.1 Instructor is responsible for the preparation and facility set-up of their respective class and shall arrive at the class location on each class day prior to the scheduled start time of said class, with that time determined by Instructor based on Instructor’s experience and needs, to ensure all needed set-up is completed prior to commencement of the class. DocuSign Envelope ID: 49B06A30-CEB4-4624-92A0-7621DDF133DE 01203.0001/575243.4 2 of 11 1.2.2 Instructor will return the facility to the state it was in prior to Instructor’s class. 1.2.3 If the specified minimum number of students do not enroll in the class as of the date of class commencement, the class will be cancelled unless the City and Instructor provide mutual consent to the continuation of the class. So as to provide value to the students, Instructor shall refrain from enrolling more than the Enrollment Maximum described in Exhibit “A”, unless at the Instructor’s sole discretion, it is possible to enroll additional students without compromising the integrity of the class for the other students already enrolled. 1.2.4 Instructor will only utilize storage space at City’s facility to store Instructor’s materials necessary for the class after receiving written approval and permission from the facility’s supervisor. 1.2.5 In the event Instructor must cancel any classes, Instructor shall notify City at least 48 hours in advance of the classes to be cancelled if at all practicable, and shall also notify class enrollees by telephone or email that the class has been cancelled. Only in the event of an unforeseeable emergency should Instructor provide less than 48 hours advance notice, since Instructor will need to provide notice of the cancellation to students . If Instructor cancels classes, then Instructor shall make up the same number of classes cancelled prior to the end of the respective session, and at a date and time determined by Instructor subject to City facility availability. Instructor will be liable to City for any Damages incurred by City as described in Section 3.3 if Instructor fails to make up any cancelled classes, since students have enrolled in and paid for the class with the expectation of a specific number of class sessions. 1.2.6 If Instructor 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 not provided by Instructor. Any amounts refunded under this section will be subtracted from the remaining payment owed to Instructor by City. 1.2.7 If Instructor is unavailable to provide instruction for a particular class, Instructor may use a substitute instructor selected by Instructor, provided the substitute instructors and assistants have been fully vetted and approved by City (including necessary documents in Section 1.3) to instruct the specified program or activity. The substitute instructor’s contract must be fully processed and approved by City’s Recreation and Parks Department for the current fiscal year prior to the substitute instructor providing any instruction services on behalf of Instructor. 1.2.8 Instructor will provide City’s Recreation and Parks Department with a list of all employees and any potential substitute instructors Instructor plans to utilize for Instructor’s class during the Term of this Agreement. Instructor will ensure that prior to utilizing the services of any Instructor employees or a substitute instructor, City’s Recreation and Parks Department has approved said individuals to provide services for Instructor. 1.2.9 Instructor will conduct each of Instructor’s responsibilities under this Agreement at the highest professional standards. DocuSign Envelope ID: 49B06A30-CEB4-4624-92A0-7621DDF133DE 01203.0001/575243.4 3 of 11 1.3. Submittals to City. On or before September 11, 2023, Instructor shall provide the following documents to City: (1) a course proposal; (2) a completed W9 form, (3) proof of successful completion of an adult and child CPR and First Aid class ; (4) proof of all insurance required; (5) Live Scan fingerprints and related criminal background checks as required by Section 1.6 of this Agreement; (6) a copy of Instructor’s valid and current City business tax certificate; and (7) proof of medical certification, as required in Section 1.7 of this Agreement. If Instructor has no employees, then Instructor must provide a written statement signed under penalty of perjury confirming that Instructor has no employees, at which time City’s requirement for Workers’ Compensation Insurance shall be waived. 1.4. Policies and Procedures. Instructor agrees to comply with all City Recreation and Parks Department policies and procedures for Contract Instructors, as outlined in this Agreement and The City of Rancho Palos Verdes Independent Contractor Handbook, a copy of which is attached to this Agreement as Exhibit “B”. 1.5. Responsibilities of City. City has the following responsibilities to Instructor: 1.5.1 No less than six weeks prior to the start of each class session, City will notify Instructor in writing regarding (i) the details of the classes Instructor will teach for that session, including day, time, dates, and room location of the classes; (ii) any documentation that is due from Instructor prior to the start of the new session; and (iii) City shall notify Instructor, at least 48 hours in advance if possible, if for any reason City cancels or needs to relocate any class to another location. 1.5.2 City will provide a clean room or facility for each class prior to the Instructor’s use of that room or facility. 1.5.3 City will unlock the room or facility prior to Instructor’s use, and lock the room or facility following Instructor’s use. 1.5.4 City will provide office services related to the Instructor’s class, including registration of students in the class; collecting and processing student payments for the class; collecting waivers or emergency forms from students; providing copies of rosters to Instructor; providing emergency forms and student payment receipts to Instructor; and advertising the class via the City’s online tools. 1.6. Background Check. Instructor, and any employee or agent of Instructor who may provide services pursuant to this Agreement, and who may have contact with children, shall not have been convicted of any offense specified in Public Resources Code section 5164 or Penal Code section 11105.3, which would preclude any such person from working with children. In addition, Instructor agrees to provide City with Live Scan fingerprints and the related criminal background check for Instructor, and for any employee or agent of Instructor who may provide services pursuant to this Agreement, who may have contact with children. 1.7. Medical Check. Instructor warrants Instructor, and any employee or agent of Instructor who may provide services pursuant to this Agreement who may have contact with children, has been examined and found free of communicable tuberculosis within the last two years DocuSign Envelope ID: 49B06A30-CEB4-4624-92A0-7621DDF133DE 01203.0001/575243.4 4 of 11 prior to the execution of this Agreement, as required by Public Resource Code section 5163. In addition, Instructor agrees to provide City with a medical certificate confirming said testing and test result for Instructor and any employee or agent of Instructor who may provide services pursuant to this Agreement, who may have contact with children. 1.8. Taking or Using of Photos and Videos of Students. Instructor agrees Instructor and Instructor’s employees and agents may only make video recordings and take photographs of students of classes provided pursuant to this Agreement after receiving (i) prior written notice from City, and (ii) signed consent forms from the students, or in the case of a student who is a minor, from the student’s parent or guardian. Moreover, if Instructor desires to use those previously authorized photos or video for any purpose other than personal use, including but not limited to advertising Instructor’s business on flyers or on the internet or social media, then that specific purpose must be clearly described in the notice signed by City and by or on behalf of Instructor’s students. Instructor’s violation of this section is grounds for immediate termination of this Agreement, and shall result in Instructor being barred from contracting with City for a minimum of three (3) years. 2. PAYMENT FOR SERVICES. 2.1. Basic Fee Amount. Instructor’s compensation for providing the instructional services specified in this Agreement shall be in the form of a commission, based on and derived from the Gross Receipts generated by the session/class. Gross Receipts are defined as a total sum paid by the students as fees for enrolling in the instructional activity, less any non - resident fee. City shall receive 30% of the Gross Receipts and Instructor shall receive 70% of the Gross Receipts. 2.2. Fee Inclusions. Instructor’s fee rate shall include, without limitation, the costs for Instructors’ instruction, substitute instructors, assistants, instructional supplies, and materials, publicity, and transportation. Costs for student supplies, if required, must be included in the Instructor’s fee rate. Instructor shall not receive separate reimbursement for any costs incurred in providing instruction services, apart from the basic fee amount. 2.3. Time of Payment. Following the completion of a class session, and City’s receipt and verification of signed invoices for services previously rendered by Instructor to City’s satisfaction, City will process payment for Instructor once a month. Invoices shall be submitted to City and must include line items for each class taught, including the time, date, and number of students that attended the class. 3. GENERAL PROVISIONS. 3.1. Term. The term of this Agreement shall commence upon full execution by all parties, and unless terminated sooner pursuant to Section 3.4, shall expire on June 30, 2024. 3.2. Termination. 3.2.1. Should Instructor breach any part of this Agreement, City may, in its sole discretion, terminate this Agreement immediately. DocuSign Envelope ID: 49B06A30-CEB4-4624-92A0-7621DDF133DE 01203.0001/575243.4 5 of 11 3.2.2 City may terminate this Agreement for any reason, with or without cause, City shall provide Instructor with seven (7) days’ advance written notice of termination except for termination of the Agreement pursuant to Section 3.2.1. 3.2.3. If Instructor cancels a class without prior notice (see Section 1.2.5) or fails to attend a class required hereunder, then Instructor shall be responsible to City for all ensuing damages to City including, but not limited to, all costs associated with retaining a replacement instructor, unless City agrees in writing to waive any or all resulting damages. 3.2.4. Instructor may terminate this Agreement at any time, for any reason. City requests Instructor provide 7 days’ advance written notice of termination of the Agreement. If Instructor terminates this Agreement prior to its expiration Instructor shall receive payment only for the time through the date of termination. 3.3. Indemnity. Instructor agrees to indemnify, hold harmless and defend City and each of its officers, employees, agents, and volunteers from any and all claims, losses, awards, judgments, damages, actions or costs, including reasonable attorney’s fees and court costs (Damages), arising out of Instructor’s or any of Instructor’s officers’, employees’, representatives’ or volunteers’ act or omission related directly or indirectly to this Agreement, including the use or possession by Instructor or any of Instructor’s officers, employees, representatives, agents or volunteers of unauthorized images (i.e. photographs in any format) of any student or any of their invitees; provided, that Instructor’s obligation to indemnify and hold harmless is only to the extent Damages are caused by Instructor or any of Instructor’s officers, employees, representatives, agents, or volunteers. 3.4. Non-Discrimination. In carrying out the performance of the services designated in this Agreement, Instructor shall not discriminate against any employee or member of the public because of race, religion, creed, color, medical condition, sex, marital status, national origin, or sexual orientation. 3.5. Entire Agreement. This Agreement supersedes any and all other agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties with respect to the subject matter hereof. Each party to this Agreement acknowledges no representations, inducements, promises, or agreements, orally or otherwise, have been made by either party or anyone acting on behalf of any party, which are not embodied herein and that any other agreement, statement, or promise not contained in the Agreement shall not be valid or binding. Any modifications of this Agreement will be effective only if memorialized in a writing signed by both parties. 3.6. Governing Law. This Agreement shall be governed by the laws of the State of California and any lawsuit or action relating in any way to this Agreement must be filed in Los Angeles County, California. 3.7. Prohibition Against Subcontracting or Assignment. Instructor shall not contract with any person or entity to perform in whole or in part the work or services required hereunder except as provided by this Agreement. Neither this Agreement nor any interest herein DocuSign Envelope ID: 49B06A30-CEB4-4624-92A0-7621DDF133DE 01203.0001/575243.4 6 of 11 may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.8. Independent Contractor. Neither City nor any of its officers, employees, agents, or volunteers shall have any control over the manner, mode, or means by which Instructor performs the services required herein, except as otherwise set forth. Instructor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Instructor shall not at any time or in any manner represent that it or any of Instructor’s agents or employees are agents or employees of City. 3.9. Insurance. Unless otherwise stated in writing from City’s City Manager or designee, Instructor shall procure and maintain, at its sole cost and expense, in a form, amount and content satisfactory to City’s City Manager or designee, during the entire term of this Agreement, including any extension thereof, the following policies of insurance: 3.9.1 Commercial General Liability Insurance. A policy of commercial general liability insurance for $1,000,000 using Insurance Services Office “Commercial General Liability” policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Additionally, City and each of its officers, employees and agents must be mentioned as additional insureds and each insurance certificate must be accompanied by all applicable additional insured endorsement pages. 3.9.2 Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis shall not be required as Instructor is not required to use an automobile in connection with the services hereunder. However, Instructor understands that automobile insurance and/or financial responsibility is required on any vehicle operated or parked on California roadways. Instructor agrees that they will carry evidence of automobile insurance and/or financial responsibility in their vehicle at all times and that proof of same must be provided as specified: when requested by law enforcement; when renewing vehicle registration; when the vehicle is involved in a traffic collision. Accordingly, Instructor agrees if a vehicle will be used by Instructor/Instructor’s officer, employee or agent to commute to the classes provided pursuant to this Agreement or other activities in connection therewith, then Instructor shall comply with the minimum liability insurance requirements for private passenger vehicles (per California Insurance Code subdivision 11580.1(b). 3.9.3 Workers Compensation Insurance. A policy of worker’s compensation insurance on a state-approved policy form providing statutory benefits as required by law with employer's liability limits per accident for all covered losses. However, this requirement shall not apply if Instructor has no employees and Instructor provides the letter signed under penalty of perjury as described in Section 1.3. 3.9.4 The policies of insurance shall not be cancelled without providing ten-days’ prior written notice by registered mail to City. In the event any of the policies of insurance are cancelled or amended, Instructor shall, prior to the cancellation or amendment date, submit new evidence of insurance in conformance with this Section to City’s City Manager or designee. No work or services under this Agreement shall commence until Instructor has provided DocuSign Envelope ID: 49B06A30-CEB4-4624-92A0-7621DDF133DE 01203.0001/575243.4 7 of 11 City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by City’s City Manager or designee. Instructor agrees the provisions of this Section 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’s activities or the activities of any person or persons for which Instructor is otherwise responsible. The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide or The Key Rating, and only if they are of a financial category Class VII or better, unless such requirements are waived by City’s City Manager or designee, due to unique circumstances. 3.10. Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail: In the case of City: Attn: City Manager 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275, In the case of Instructor: At the address designated on the signature page of this Agreement. 3.11. Severability. In the event part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 3.12. Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 3.13. Conflict of Interest. No officer, employee, director, or agent of City shall participate in any decision relating to this Agreement, which affects their personal interest or the interest of any corporation, partnership, or association in which they are directly or indirectly DocuSign Envelope ID: 49B06A30-CEB4-4624-92A0-7621DDF133DE 01203.0001/575243.4 8 of 11 interested, nor shall any such person have any interest, direct or indirect, in this Agreement or the provisions thereof. [SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: 49B06A30-CEB4-4624-92A0-7621DDF133DE 01203.0001/575243.4 9 of 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the date set forth below. CITY: INSTRUCTOR: City of Rancho Palos Verdes Kristen Deleo, electriKIDS, Inc. 30940 Hawthorne Blvd. 2225 Via Cerritos Rancho Palos Verdes, CA 90275 Palos Verdes Estates, CA 90274 By: ______________________________ By: ______________________________ Ara Mihranian, City Manager ________________ Its ______________ Date: ______________ Date: ______________ ATTEST: By: ______________________________ ______________________ Its ____________________ ____________________________ Teresa Takaoka, City Clerk Date: ______________ DocuSign Envelope ID: 49B06A30-CEB4-4624-92A0-7621DDF133DE Director 8/31/2023 Kristen DeLeo 8/31/2023 01203.0001/575243.4 10 of 11 EXHIBIT “A” CLASS SCHEDULE Instructor agrees to provide the following classes: DocuSign Envelope ID: 49B06A30-CEB4-4624-92A0-7621DDF133DE 01203.0001/575243.4 11 of 11 DocuSign Envelope ID: 49B06A30-CEB4-4624-92A0-7621DDF133DE Exhibit “B” INDEPENDENT CONTACTOR HANDBOOK 8/25/2020 Rancho Palos Verdes Recreation and Parks Department INDEPENDENT CONTRACT INSTRUCTOR HANDBOOK DocuSign Envelope ID: 49B06A30-CEB4-4624-92A0-7621DDF133DE CONTRACT INSTRUCTOR HANDBOOK 2 About Us Thank you for your interest in teaching classes with the City of Rancho Palos Verdes Recreation and Parks Department! The Recreation and Parks Department is dedicated to providing a variety of recreational opportunities to the Palos Verdes Peninsula and is always seeking to offer new and exciting activities for all ages, interests, and abilities. The City places a high value on building partnerships with members of our community, understanding their needs, and delivering the services they desire in the most effective manner possible. We look for independent contractors that will be professional, responsible, and committed to the services they are contracted to provide. Please review this Contract Instructor Handbook for more information on how to offer classes through the Recreation and Parks Department. For more information or to submit class proposals, please contact us: Recreation and Parks Department 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Email: parks@rpvca.gov Phone: 310-544-5260 DocuSign Envelope ID: 49B06A30-CEB4-4624-92A0-7621DDF133DE CONTRACT INSTRUCTOR HANDBOOK 3 Becoming and Independent Contract Instructor As an instructor with the City, you are considered an independent contractor with specific professional skills and expertise in the area in which you are providing instruction. As an independent contractor, you are in charge of organizing your curriculum and course instruction materials as you deem appropriate. The City will provide you with a facility to teach your class, coordinate enrollment of your students, and provide advertising and marketing. The City will not dictate or control the manner in which you organize or teach your course. Before teaching classes, potential contract instructors must complete and submit a class proposal form for approval by the Department. The Department will review proposals and discuss appropriate and available dates, times, and facilities for the class. Submitting a proposal does not guarantee that the class or activity will be added to the Department’s class offerings. Additionally, there are no guarantees the Department will offer a class or program on an on-going basis. Upon approval of a class proposal, an Agreement for Class Instruction will be completed by the Department and the instructor and submitted to the City. In addition to the class proposal and agreement, instructors may need to submit the following:  Completed W9 form  Proof of insurance  Live Scan fingerprints and related criminal background checks  Copy of Instructor’s valid and current City business tax certificate  If needed, proof of current Instructor Certification  If the instruction will be of minors, proof of successful completion of an adult and child CPR and First Aid class  Proof of workers compensation insurance or a letter stating that the contractor has no employees Submitting a Class Proposal A Class Proposal Form must be completed and submitted for all new classes. The Department may not accept proposals for classes similar to those already offered or classes offered in the past that have not been successful. Considerations will be made for instructors who can demonstrate that significant interest exists for their proposed class. The proposal from will include: Class Description: Provide a thoughtful and concise class description to be included in the quarterly Recreation Activity Guide and listed online. The description should sell your class to the community and can include benefits of the activity, desired outcomes, an explanation of the specific discipline, required skills and equipment, and your qualifications as an instructor. Class descriptions should not exceed 50 words. Example Class Description: Beginning Yoga - Increase strength and flexibility, reduce stress, and improve your energy and well-being through the foundations of yoga. Class incorporates poses and movements DocuSign Envelope ID: 49B06A30-CEB4-4624-92A0-7621DDF133DE CONTRACT INSTRUCTOR HANDBOOK 4 appropriate for beginner to intermediate students. Led by an instructor with over 20 years of teaching experience. Bring a yoga mat! Day, time, and location: Include a desired, day, time, and facility for your class. This information helps us determine where your class may best fit. Facility availability is subject to City and Department use. Class start and end dates may be determined by the Department to align with regular, seasonal offerings. Fees: When proposing a fee for your class, consider the minimum dollar amount you as an instructor are willing to accept for your services, how many students you can accommodate, class materials and supplies, and time spent planning and preparing curriculum. Fees must include the cost of all class materials. No fees should be collected by the instructor directly from the students. The Department can assist you in determining an appropriate fee for your class and may suggest a minimum fee. About our Contract Prior to instructing classes, an Agreement for Class Instruction must be completed and executed. The agreement includes responsibilities of the instructor, responsibilities of the City, compensation, indemnity, insurance requirements, and City and Department rules and policies. Review the agreement carefully prior to submitting to the City for execution. Fingerprinting and Background Checks All instructors must submit proof of Live Scan fingerprinting and clearance of a Department of Justice background check. The Recreation and Parks Department will provide instructions for the completion of this step. The instructor is responsible for all fingerprinting and background check fees. Insurance The City does not insure independent contractors. Instructors are responsible for providing proof of insurance coverage that meets the minimum requirements stated in the Agreement for Class Instruction. Instructors may purchase insurance coverage through the City’s vendor at a rate determined by vendor based on estimated attendance and the nature of the class activities. The activity supervisor can provide more information on coverage and rates and assist in purchasing coverage. Compensation Class fees are determined by the instructor and approved by the City. All class fees are collected by the City. The standard payment to an instructor will 70% of the primary fees collected for the class. The City retains 30% of the fees collected and any non-resident fees. Payments to instructors will be made following the completion of a class session, not more than once per month. Payments will be issued only after instructor submits an invoice to the activity supervisor that includes the class name, meeting dates, and the number of students registered. Payments will be issued in accordance with the Finance Department’s payment schedule. DocuSign Envelope ID: 49B06A30-CEB4-4624-92A0-7621DDF133DE CONTRACT INSTRUCTOR HANDBOOK 5 Marketing The Recreation and Parks Department will provide marketing for your class in our quarterly Recreation Activity Guide. At the instructor’s request, The Recreation and Parks Department can design a flyer for each class and provide electronic and printed copies for distribution. Up to two 11” x 17” posters and 200 5.5” x 8” flyers will be provided to the instructor per class per session. In addition to the quarterly activity guide and flyers, the Recreation and Parks Department periodically sends email notifications, issues press releases, and posts to Facebook and Next Door to announce new classes and programs. All marketing materials produced by the instructor and used to promote classes must be approved by the Program Manager/Supervisor. Before posting or distributing marketing materials, instructors should always receive permission from the property owner or manager. Class Registration All class participants will register using the City’s Active Net registration software. The activity registration website is accessed through the Department’s webpage or directly at apm.activecommunities.com/rpv. All classes will be listed on the registration website and open for enrollment quarterly according to the Department’s activity season schedule. Refunds and Transfers Full refunds will be granted to customers if written request for activity withdrawal and refund is made at least five business days prior to the first meeting date or if an activity is cancelled due to low enrollment. No refunds will be issued after an activity begins or for non-attendance. The Department may consider customer requests for full or partial refunds for extenuating circumstances such as illness or injury or if a customer is not satisfied with an activity. Class Cancellations The Recreation and Parks Department will make every effort to avoid cancelling classes. However, when the enrollment is not met, the class will be cancelled unless the Department and instructor mutually agree to run the class with fewer students. If the class is cancelled due to low enrollment or by the City for any other reason, the Department will notify students of the cancellation and issue refunds. If a class session or meeting date is cancelled by the instructor, the instructor should notify the Department and students of cancellation and schedule a make-up meeting date. Classes cancelled by the instructor may result in lowered or no payment to the instructor. Class Evaluations In order to provide a high level of customer service, the Recreation and Parks Department will distribute and collect class evaluations at the end of the class session. DocuSign Envelope ID: 49B06A30-CEB4-4624-92A0-7621DDF133DE CONTRACT INSTRUCTOR HANDBOOK 6 City Holidays The City of Rancho Palos Verdes observes the following holidays: New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas Eve, and Christmas Day. Recreation facilities will be closed and no classes will be held. Class Facilities The Recreation and Parks Department will work with instructors to determine a suitable location for classes. Instructors can propose a desired facility for their class when submitting a class proposal. Recreation facilities are sometimes used for City meetings and functions and classes may be moved or rescheduled if scheduling conflicts occur. Facility Equipment The Recreational and Parks Department will provide tables and chairs, AV equipment, and other similar facility equipment as needed and available. Instructors provide all other necessary equipment and supplies for their class. All requests for equipment should be made when submitting a class proposal. Equipment provided by instructor must be approved by the facility supervisor. Class Setup Recreation and Parks facility staff will set up tables, chairs, and other facility equipment prior to class. Instructors should submit a Facility Setup Request Diagram prior to the first class meeting. Instructors will have access to the facility at least fifteen minutes and up to thirty minutes prior to and after class to set up and clean up. Instructors should leave the facility in the condition in which it was found prior to the class. Storage Storage at facilities is limited, so instructor’s supplies and equipment may not be stored at the facility without the facility supervisor’s approval. Instructors should discuss storage needs when submitting a class proposal. Safety It is imperative that instructors provide for the safety of their class participants. The City expects that instructors be well trained in their disciplines and take all possible measures to prevent accidents, injuries, and damage to property. All maintenance issues and accidents, injuries, and damage to facility property must be reported to facility staff immediately. Instructor’s use of the premises shall be performed in conformance with the State of California and the Los Angeles County Department of Health orders and standards related to social distancing, the use of face coverings, cleaning, disinfecting, and other sanitation steps and necessary to limit the spread of the novel corona virus known as COVID-19, as those standards may be adjusted from time-to-time. DocuSign Envelope ID: 49B06A30-CEB4-4624-92A0-7621DDF133DE CONTRACT INSTRUCTOR HANDBOOK 7 Emergency Situations In the event of an emergency, instructors should notify facility staff if possible and remove participants from the facility according to posted evacuation plans. Instructors should remain calm and be aware of announcements and instructions from facility staff. DocuSign Envelope ID: 49B06A30-CEB4-4624-92A0-7621DDF133DE Certificate Of Completion Envelope Id: 49B06A30CEB4462492A07621DDF133DE Status: Completed Subject: Complete with DocuSign: Agreement for Class Instruction - electriKIDS FY 23-24.docx, Exhibit B ... Source Envelope: Document Pages: 18 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Andrew Berg AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 aberg@rpvca.gov IP Address: 72.34.97.146 Record Tracking Status: Original 8/28/2023 4:52:18 PM Holder: Andrew Berg aberg@rpvca.gov Location: DocuSign Signer Events Signature Timestamp Kristen DeLeo electrikids@hotmail.com Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 70.187.198.12 Sent: 8/28/2023 4:57:02 PM Viewed: 8/30/2023 12:22:11 PM Signed: 8/31/2023 12:10:21 PM Electronic Record and Signature Disclosure: Accepted: 8/30/2023 12:22:11 PM ID: e7a1557d-e055-42fc-be53-f8f2ecd37633 Ara Mihranian aram@rpvca.gov City Manager City of Rancho Palos Verdes Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 70.164.121.100 Sent: 8/31/2023 12:10:22 PM Viewed: 8/31/2023 1:45:40 PM Signed: 8/31/2023 1:46:13 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Teresa Takaoka terit@rpvca.gov City of Rancho Palos Verdes Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 72.34.97.146 Sent: 8/31/2023 1:46:15 PM Viewed: 8/31/2023 1:51:08 PM Signed: 8/31/2023 1:51:13 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Carbon Copy Events Status Timestamp City Clerk cityclerk@rpvca.gov Security Level: Email, Account Authentication (None) Sent: 8/31/2023 1:51:14 PM Viewed: 8/31/2023 2:45:04 PM Electronic Record and Signature Disclosure: Accepted: 2/1/2023 3:10:58 PM ID: 505eed45-7ed0-4db8-aae6-ef6eedfef03d Andrew Berg aberg@rpvca.gov Recreation Supervisor II City of Rancho Palos Verdes Security Level: Email, Account Authentication (None) Sent: 8/31/2023 1:51:15 PM Resent: 8/31/2023 1:51:17 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/28/2023 4:57:02 PM Certified Delivered Security Checked 8/31/2023 1:51:08 PM Signing Complete Security Checked 8/31/2023 1:51:13 PM Completed Security Checked 8/31/2023 1:51:15 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Rancho Palos Verdes (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronicall y through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made av ailable electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/15/2021 5:55:39 PM Parties agreed to: Kristen DeLeo, City Clerk Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of Rancho Palos Verdes: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: terit@rpvca.gov To advise City of Rancho Palos Verdes of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at terit@rpvca.gov and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from City of Rancho Palos Verdes To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to terit@rpvca.gov and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Rancho Palos Verdes To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to terit@rpvca.gov and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:  You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and  Until or unless you notify City of Rancho Palos Verdes as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Rancho Palos Verdes during the course of your relationship with City of Rancho Palos Verdes.