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LRC Instructional Services; Voice Over Classes 2020CONTRACT FOR INSTRUCTIONAL SERVICES (Community Set -vices Department) This Contract for Instructional Services ("Contract") is made and entered into this 18th day of October, 2019, by and between the CITY OF SAN RAFAEL, a municipal corporation ("City"), and Such -A - Voice whose address is and telephone number is ( ("Instructor"). In consideration of the mutual covenants, agreements and conditions contained herein. City and Instructor agree as follows: 1. Instructor's Services. Instructor shall diligently perform the services and furnish the supplies and related materials described in Exhibit A, Scope of Work, attached hereto and incorporated herein by this reference. 2. Stam The Instructor shall not replace named on-site Instructor(s) without prior approval of the City. The Instructor shall provide to the City a completed Employee Information Form for each employee. 3. Term. Time is of the essence. Instructor shall begin providing the services described in Exhibit A on January 1, 2020 and shall complete those services by December 31, 2020 4. Compensation. City shall collect payment from all class participants and shall pay Instructor a portion of such collected class fees as follows; (a) Instructor shall be paid sixty percent (60%) of the fees collected. 5. Changes. City may request, from time to time, changes in the scope of services to be provided by Instructor. Any changes and related fees shall be mutually agreed upon between City and Instructor and shall be the subject of a written amendment to this Contract. G. Instructor's Status as Independent Instructor. In the performance of the obligations set forth in this Contract, Instructor shall have the status of an independent Instructor and Instructor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Instructor are its agents, servants, and employees and are not agents, servants, or employees of City. 7. Termination at Convenience of QV. The City may terminate this Contract at any time by mailing a notice in writing to Instructor that the Contract is terminated. Said Contract shall then be deemed terminated, and Instructor shall perform no further work. If the Contract is so terminated, the Instructor shall be paid for that percentage of work actually completed, based on a pro rata portion of the total fixed surn compensation described above at the time the notice of termination is received. H. Non -Assignability. The Instructor shall not assign, sublet, or transfer this Contract or any interest or obligation therein. 9. Indemnify and Hold Harmless. Instructor shall defend, indemnify, and hold hannless, the City and its officers, employees and volunteers from and against all claims, losses, damage, injury, and liability for damages arising from errors, omissions, negligent or wrongful acts of the Instructor in the performance of its services under this Contract, regardless of whether the City has reviewed and/or approved the work or services which has given rise to the claim, loss, damage, Injuty or liability for damages. This indemnification shall extend for a reasonable period of time after completion of the class as well as during the period of actual performance of services under this Contract. The City's acceptance of the L{-3-gBl insurance certificates required under this Contract does not relieve the Instructor from its obligation under this paragraph. 10. Insurance. During the term of this Contract, Instructor shall maintain in full force and effect at its own cost and expense the following insurance coverage: a. General Liability and Bodily Injury Insurance. A comprehensive, general liability insurance policy in the amount of $1,000,000 combined limit for bodily injury and property datnage. The policy shall be endorsed to provide that the City, its officers, employees, agents and volunteers are named additional insured under the policy and that the insurance coverage will be primary and noncontributoiy as to the additional insureds. The policy shall be endorsed to waive any right of subrogation against the City. b. Workers' Compensation Insurance. Workers' Compensation hisurance for all of Instructor's employees, all in strict compliance with State laws, and to protect the City from any and all claims thereunder. The Workers' Compensation shall be specifically endorsed to waive any right of subrogation against the City. If Instructor has no employees, Instructor must initial here: d this requirement to provide workers compensation insurance is waived. 11. Certificate of Insurance and Endorsement Daae. Instructor shall complete and file with the City prior to engaging in any operation or activity set forth in this Contract, certificates of insurance and endorsement pages evidencing the insurance coverage(s) set forth above and which shall provide in writing that no cancellation, major change in coverage, or expiration by the insurance company will be made during the term of this Contract without thirty (30) days written notice to the City prior to the effective date of such cancellation or change in coverage. 12. Notices. All notices herein required shall be in writing and shall be sent by mail, postage prepaid, addressed as follows; TO CITY: City of San Rafael - Community Services San Rafael Community Center 615 B Street San Rafael, CA 94901 TO INSTRUCTOR: Such -A -Voice 13. Conformance to Applicable Laws. Instructor shall comply with all applicable Federal, State, and Municipal laws, rules and ordinances. No discrimination shall be made by Instructor in the employment of persons to work under this contract, or services provided pursuant to this contract, because of a person's protected classification, including but not limited to race, religion, color, sex, gender identity, sexual orientation, national origin, ancestry, citizenship status, age, genetic characteristics, and physical or mental disability (whether perceived or actual). 14. Department of Justice Background Checks. No employees or Instructors with supervision authority over children under the age of 18 shall work at the Facilities until a Department of Justice background check has been completed and the person is authorized to work with children. Instructor shall either: (a) certify that it has screened employees and Instructors using the form attached as Exhibit B to this Agreement; or (b) arrange with City staff to fingerprint and submit the required information to the Department of Justice. All such background checks shall be at Instructor's expense. 15. Business License. Prior to the City's execution of this Contract and prior to the Instructor's engaging in any operation or activity set forth in this Contract, Instructor shall obtain a City of San Rafael business license, unless pursuant to the City of San Rafael's Municipal Code Chapter 10.04.210. Instructor is only providing classes or instruction as part of City -sponsored programs for which fees are collected directly by the City and is otherwise not required to obtain a license under any other provision of the chapter as a result of their other business activities. Instructor must initial her • and acknowledge that they have reviewed and are in compliance with Chapter 10. Business License Tax of the City of San Rafael's Municipal Code. 16. Waiver. In the event that either City or Instructor shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition or obligation. 17. Attorney's Fees. The prevailing parry in any action brought to enforce or construe the terms of this Contract may recover from the other party its reasonable costs and attorney's fees expended in connection with such an action. 18. Scope of Contract. This writing, constitutes the entire Contract between the parties relative to instructional services for the program(s) and modification hereof shall not be effective unless and until such modification is evidenced by a written amendment signed by both parties to this Contract. This Contract is executed the date and year first above written. CITY OF S N RAFAELLj By / `'�t• Senior ecreation Supervisor INSTRUCTOR By Instructor' Ame afore) INSTRUCTOR AGREEMENT --EXHIBIT A 1. Instructional Services: Instructor shall provide the following services: Voice Over Classes during the calendar year of 2020 as specifically stated in EXHIBIT B. 2. City Facilities and Equipment: Instructor may only utilize the City's facilities, equipment, and materials during class; Instructor may not utilize these items for their personal use. 3. Supplies: All class—related supplies shall be supplied and stored by the Instructor. No items shall be stored in City -facilities. All duplicating of class -related materials shall be provided by the Instructor. 4. Promotion: The City shall include class descriptions and information in the Activities Guide. City staff will make every effort to assure the accuracy of this information, however, the City cannot be held responsible for printing errors. All other promotional materials and activities are the responsibility of the Instructor. These include the development, printing and distribution of flyers, news releases, feature articles, calendar information and any other promotional activity or material. The Instructor must submit all such promotional materials to the City for approval and attachment of a City logo prior to their production. In addition, the Contactor must notify the City in advance of any plans to be interviewed for the press, radio or TV. 5. Class Attendance: Instructors shall receive attendance rosters prior to the first class session. Roll -call must be taken at the beginning of each class. Discrepancies regarding participants enrolled must be discussed immediately with the City_ No participant shall be allowed to participate in any program unless they are on the attendance roster, or can provide a current receipt showing enrollment. 6. Class Cancellations — Instructors shall contact Community Services at least (3) three business days before a class starts to cancel a class. If the Instructor cancels for reasons of illness or emergency, they are responsible for informing students. 7. Program Evaluations: Instructors may be asked to hand out class evaluations at the end of each class session for participants or parents of minor participants to complete. Completed evaluations must be turned in to the City. The City will provide City -approved Program Evaluation forms. 8. Facility Entrance and Exit: Instructors are responsible for all set-up and take down for each of their own classes. Facilities must be left clean and ready for a new Tnstructor to come in and set up their own classes. 9. Contract Instructor Guidelines: All Instructors and sub -instructors must abide by the guidelines including but not limited to adhering to deadlines, maintaining a current City of San Rafael Business License, ensuring all Instructors and sub -contracts working with minors are fingerprinted, and/or TB tested prior to the first day of instruction. Please contact staff, if you have any questions regarding any of the requirements. EXHIBIT B.1 618 B Street, San Rafael , United States, 94901 Instructor Agreement Such -A -Voice LLC 00009618 VOICE-OVERS... NOW IS Tue Mar 24, 20'20 Tue Mar 24, 2020 1 Albert J. Boro Meeting Room #3 60.00 Percentage Resident: $32.00. 4-22 YOUR TIME! (In Person) 06:30 PM - 08:30 PM 06:30 PM - 08:30 PM Community Center Nan -Resident: 536.00 Description: In what could be the most enlightening 2 hours you've ever spent, this class will show you how you can actually begin using your speaking voice for commercials, films, videos, and more. Most people go abcut it the wrong way. In this introductory class, you will learn about a unique, outside the box way to break into this creative, fulfilling, and potentially lucrative industry. Voice-overs can be managed on your own terms, an your own turf, in your own time, and with minimal overhead) Whether you choose to pursue voice-overs part-time or full-time, this could be the game changer you've been looking for. Exceptions: Exclusions: X: City of San Rafael I all Date Rendered By: Steve Mason 1 a Oct 2019. WS2 AM PST Page 1 of 1 RAF ACTIVITYIPROGRAM PROPOSAL jf FORM FOR CONTRACTORS Note: Please provide separate forms for each class or age group Please return to: Albert J. Boro Community Center Attn. Steve Mason, Senior Recreation Supervisor (415) 485-3079 steve.mason@cityofsanrafael.org and/or Attn. Habad Ahmad, Program Coordinator (415) 485-3493 habad.ahmad@cityofsonrefeel.org INSTRUCTOR INFORMATION First Name Wendy Last Name Shapero M. I. Name of Business Such A Voice LLC or Organization Address city State I zip Homeor Business Phone: Pholne: Email Website To whom should checks be payable? Such A Voice, LLC 101ndividual ✓❑ Business CLASSDESCRIPTION Proposed Class Title: Voice Overs ... Now Is Your Time Class Description for Activity Guide. Include benefit statements and "you" language, 50 words maximum In what could be the most enlightening 2 hours you've ever spent, this class will show you how you can actually begin using your speaking voice for commercials, films, videos, and more. Most people go about it the wrong way. In this introductory class, you will learn about a unique, outside the box way to break into this creative, fulfilling, and potentially lucrative industry. Voice-overs can be managed on your own terms, on your own turf, in your own time, and with minimal overhead! Whether you choose to pursue voice-overs part-time or full-time, this could be the game changer you've been looking for. - - CLASS PREFERENCES Do Do you have a time preference for teaching this class? o❑ Weekdays ❑ Weekday Evenings ❑ Weekends Day(s)/time(s) you'd prefer? Days)/time(s) you can't teach? Tuesday/6:30-8:30pm Facility Preference ✓ Albert J. Boro Community Center U San Rafael Community Center Lj Terra Linda Community Center ❑ Falkirk Cultural Center ❑ City Park Special Room Requirements? (tables, chairs, configuration, etc) CLASS•- • Age Min.. 8 Age Max. Min. Class 4 Max. Class 22 Enrollment Enrollment Supply/Material (Payable to Instructor Fee: e Class) Items provided: Days Start/End Dates(s) Start/End Time(s) No Class Dates # of Suggested Per Class Course # (i.e. Holidays) Classes Course Fee Fee Tues 3/24/20 6:30-8:30pm 1 $32 GROUPAGE ❑ Infants/Toddlers 6 mos -2yrs ❑ Arts &Crafts ❑ Language ❑ Pre -School 2 yrs - Syrs ❑ Athletics ❑ Martial Arts ❑ School Age 6 yrs -12 yrs ❑ Computers Personal Growth ❑ Teens 13yrs -17yrs ❑ Dance ❑ Workshop Adults 18 yrs and older ❑ DramalPerforming Arts Other/Special Events 0 Mature Adults 60 yrs and older 0 Fitness 'ACTIVITYr DATES Please submit proposal dates that correspond with the Winter/Spring (Jan -Apr); approximate due date is first week aide dates. Late or Incomplete proposals will not be of September Included In the guide. Please provide camera ready photos SummerMa (300dil Photos are encouraged during your classes. Please Summer(May ' Aug); approximate due date is third week of January small all photos to Steve Mason at Fall Se Dec • approximate due date is first week of Ma steve.mason � ofsanrafael.or (Sep " �� pp Y Your Experience and Qualifications: see below YourBio: skills, certifications, accomplishments ... as they pertain to what you are teaching. This information may be used in in our Activity Guide, or on our social media i.e. the Community Services Facebook page, or in other marketing efforts. 50 words maximum YOU'VE HEARD WENDY SHAPERO ON TV! (Robot Chicken with Seth Green, Cartoon Network shows...) Now hear Wendy LIVE as she Illustrates how YOU could actually begin using your speaking voice for commercials, films, and videos! New companies are looking for new voices like never before. This exciting and fun class could be the game changer you've been looking for! EDUCATION High School From o Did you graduate? ❑Yes No College From ITO Did you graduate? MYes No I Degree Other From a Did you graduate? Q Yes No Degree/Certificate REFERENCES Zl New Contractor. If new, please provide three references with phone O Continuing Contractor with the City of San Rafael - numbers below. no need to ovide references Name Phone mail Name one mail Name Phone mail INSTRUCTOR REQUIREMENTS IF you are selected to teach a class through the City of San Rafaers Community Services (Parks & Recreation) Department, we will require you to provide the following: • Insurance: City Attorney determines level of Insurance. Businesses are required to name the city as additional insured $1 million • Live scan (fingerprint): Independent contractors must get prints done if working with minors. $32 charge to DOJ. • TB clearance (every 2 years): If working with minors, under 18 years, proof of TB clearance required. • W9: All contractors must provide an updated W9 annually. • City of San Rafael Business License �DISCLAIMER AND SIGNATURE Contract Instructors are contracted with the City to provide instruction for specialty recreation activities, and are therefore not employees of the City of San Rafael. Contract Instructors shall be dismissed at any time if the Community Services Department finds their instruction to be inadequate or their behavior, attitude, or appearance to be unacceptable. Please attach any additional information about yourself that would further explain your desire to be a Contract Instructor. I certify that all statements in this application are true and complete. I agree and understand that any incorrect statements or omissions of material facts herein will cause forfeiture on my part of all rights to contracting with the City of San Rafael: f i leash all individuals who provide information to the City from all liability regarding the use of !r , such Information. _ _! SignatureDate = ` _ '10/18/19 . Upon propos rle/vie 7w, we wit G ntact you to let you kpw lei it your class is a good rrt for our program. Thank you for your interest. ucs CONTRACT INSTRUCTOR CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate instructor contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Library, Recreation & Childcare Project Manager: Steve Mason Extension: 3079 Contractor Name: Such A Voice Contractor's Contact: Lisa Foster Contact's Email: ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE I DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial TEMPLATE CREATED FOR ONGOING USE 1 City Manager Delegate authority for signing contract instructor agreements to Senior Recreation Supervisors 3/21/2017 ❑x JS 2 City Attorney Review and approve contract instructor agreement template and insurance requirements for ongoing 8/15/2018 ❑x LIAM use 3 Department Director Approve contract instructor agreement template for ongoing use 10/18/2018 ❑x SAW PROCESSING INDIVIDUAL CONTRACTS 4 Project Manager Send draft contract instructor agreement to 7/15/2019 © SM Management Analyst 5 Management Analyst a. Create Job on PINS, send PINS insurance notice 7/17/2019 ❑x CGQ to contractor, copy City Attorney c/o Laraine Gittens 7/17/2019 ❑x CGQ b. Confirm that contractor submits required insurance documents, send to City Attorney 6 City Attorney Review and approve insurance in PINS 7/18/2019. 7 Project Manager Forward originals of final agreement to contractor Click here to for their signature enter a date. ❑ PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 8 Project Manager Obtain Senior Recreation Supervisor signature and forward signed agreement to Management Analyst with printed copy of this routing form 9 Management Analyst Retain copy for department and forward f' / C'a agreement to City Clerk with this routing form 10 City Clerk Attest signatures, retain original agreement