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LRC Instructional Services; Chorus ClassesCONTRACT FOR INSTRUCTIONAL SERVICES (Communitti Services Department) This Contract for Instructional Services ("Contract') is made and entered into this day of . 2011), by and between the CITI OF SAN RAFAEL, a municipal corporation ("City''), and 1'Ir;ri;r Girk Ch, whose address is and telephone number is - ("Instructor') In consideration of the mutual covenants, agreements and conditions contained herein, Cm and Instructor agree as follows I Instructor's Services Instructor shall dingently perform the services and furnish the supplies and related materials described in Exhibit A. Scope of Work, attached hereto and incorporated herein bN this reference 2 Staff The Instructor shall not replace named on-site Instructor(s) without prior approval of the City The Instructor shall pro%ide to the Citv 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 r), 14, 20. and shall complete those services by -War 5. 2020. 4 Compensation City shall collect payment from all class participants and shall pay Instructor a portion of such collected class fees as follows Instructor shall be paid seventy percent (70°o) of the fees collected by the City of San Rafael the amount paid shall be based on resident rates for classes, not non-resident rates Instructor shall pay the City of San Rafael seventy percent (70'o) of revenue collected by Nlarm Girls Chorus for Course Code '19845 Winter -Spring 2020 For example (a) 20 resident participants paying $30 each and 2 non-resident participants pay ing S33 each for class taught by Instructor at City -provided facility [(20xS30)-(2xS30)]*60°o $396, (b) same number of resident and non-resident participants and same class fee at Instructor -pro% ided facility [(20xS30)-(2%S30)]*700o $462 Chant'es City may request, from time to time, changes in the scope of services to be proNided by Instructor Any changes and related fee,, Shall be mutually agreed upon between City and Instructor and shall be the subject of a written amendment to this Contract 6 Instructor's Status as Independent Instructor in the performance of the obligations set forth in this Contract, Instructor shall ha% a the status of an independent Instructor and Instructor Shall not be considered to be an employee of the City for any purpose 411 persons working for or under the direction of Instructor are its agents. servants. and employees and are not agent,,, servants, or employees of C,t% 7 Termination at Counemence of CitN The City mai 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 tenninated. the Instructor shall be paid for that percenta ,e of work actuall% completed, based on a pro rata portion of the total fixed sum compensation described abo%a at the time the notice of termination is received 8 Non-Assiunabilm the Instructor shall not assign, ,ublet, or transfer this Contract or any interest or obligation therein I IndeniniR and Hold Harmless Instructor shall defend, indemniRl. and hold harmless, die City and its officers. emplo,-ees and %olu» teers from and against all claims. losses, damage, incur). and liability for damages arising from errors. onussions, negligent or %wrongful acts of the Instructor ui die performance of its services under this Contract, regardless of whether die Citti has reviewed and/or approved the work or services which has (,i\en rise to the claim, loss. damage. incur) or habilis for damages This indemnification shall extend for a reasonable period of time after completion of the class as well as during die period of actual performance of seRices under this Contract Tile CitN", acceptance of the insurance certificates required under this Contract does not rehe-,e 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 followhng insurance co. erage General Liabilit\ and Bodih ImUry Insurance A comprehensne, general liability insurance pohcN in the amount of 51.000,000 combined limit for bodik injury and propert) damage The pohc\ shall be endorsed to provide that the Cit), its officers, employ ees, agents and . olunteers are named additional insured under the poliand that the insurance co\erage will be pnnlar) and noncontnbuton as to the additional insureds Tile pope) shall be endorsed to wane an) right of subrogation against the Citti klorkers Compensation Insurance Workers' Compensation Insurance for all of Instructor's employees, all in strict compliance \wth State laws, and to protect the City from anti and all claims thereunder The \�orkers' Compensation shall be specifically endorsed to waive an) right of subrogation against tine Cut) If Instructor has no employees, instructor must initial here: a `� and this requirement to pro%ide workers compensation insurance is waned I 1 Certificate of Insurance and Endorsement nage Instructor shall complete and file with the Cut> prior to enga�==ing in an) operation or actus ity set forth in this Contract, certificates of insurance and endorsement pages e\rdencing the insurance coyerage(s) set forth abo%a and which shall pro. ide in writing that no cancellation, mayor change in co\erage, or expiration b) the insurance company will be made during the ternh of this Contract without thirty (30) days written notice to die Cit) prior to the effects e date of such cancellation or change un coverage 12 \onces All notices herein required shall be in writing, and shall be sent by marl, postage prepaid, addressed as follows TO CiTY Cit\ of San Rafael - Commumt) Semiees San Rafael Community Center 618 B Street San Rafael, C k 9.1901 TO INSTRUCTOR 13 Conformance to Applicable Laws Instructor shall comply %vith all applicable Federal. State, and Municipal laws. rules and ordinances. No discrimination shall be made bN Instructor in the emploN ment of persons to wark under this contract, or ,ernces provided pursuant to this contract, because of a person's protected classification, including but not limited to race, religion. color. sex, gender ►dentin . sexual orientation, national origin. ancestn , citizenship status, age, genetic characteristics and physical or mental disab►lit-v (whether perce►-,edor actual) 14 Department of Justice Background Checks No employees or Instructors with super�,u ion authority oNer 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) certiR 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 CitN's execution of this Contract and prior to the Instructor's engaging in aw, 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 an} other provision of the chapter as a result of their other business activities. Instructor must initial here. i 12 L1 and acknowledge that they have reviewed and are in compliance with Chapter 10.04 — Business License Tax of the City of San Rafael's Municipal Code 16 \A aiver In the event that either City or Instructor .Shall at any time or times waive any breach of this Contract b` 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 Attomew's Fees The pre\ ailing party in an-, action brought to enforce or construe the terns of this Contract may recover from the other party its reasonable costs and attomey'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 serwrces for the program(s) and modification hereof shall not be effective unless and until such modification is ew idenced bw a written amendment signed by both parties to this Contract Ties C ontract is executed the date and y ear first above written CITY OF SA\ -K kF \EL By ----- ) Senior Recreation Supervisor INSTRUCT 41 C) 0 5 CA I By structor' Na e ( igrtatu el ar\VA,3 CltDvu -. - r �11;'l'lCLvl CE �,. t •1L?. � V 1 CERTIFICATION OF BACKGROUND CHECKS Instructor Contractor acknox%ledges that pursuant to California Public Resources Code §5164 that no enhployee or volunteer of Instructor may be employed or hold a position having supervisor" or d►sciplinan authority over any person under the age of eighteen (1 S) if that employee. sub -contractor or volunteer has been convicted of any of various specified offenses Instructor Contractor certifies that Instructor Contractor has asked each person to verify, and has had fingerprints of the persons listed belox\ taken and submitted to the California Department of Justice for verification. that such person has not been convicted of the disqualifying offenses, and that Instructor Contractor mil be notified of any future disqualiR,in�g, offenses Name of Employee. Sub -Contractor or Volunteer Date of position Background Check i/ I i L Z L� Instructor Contractor further acknowledges that by this Certification of Backuround Checks. the Cit-, of San Rafael will not independently veriR, the Information provided by Instructor. so therefore the Instructor shall indemnify. defend and hold harmless the City. its elected and appointed officials, and it employ ees from and against am and all clauns. loss, habilm and damages resulting from mJur\ or death to any person arising_ out of or in connection mill the misrepresentation of any Information pro\ ided herein Instructor Contractor 1`ull .ane-Ttt�lz date 1 Slun:tt ' re rr k 0� \ I/A Company Name (if applicable) ��ll �lalU �Il> of Illlellllileil t lolallolli of i i11- X61 >.2%2, =� 3a, 271d, ,d. or 273, i of die CU Illor111.1 Penal Colic of Slid ie\ olfellie li.sled lit § 290 til the Penal Lode. ewelil foI the "IlClt,e ;pecllled Ill iubdlvlsloll (d3 ill j '-'i ` -1 of lhC Penal Code \\1111111 tell (10) \ ear UI the dale of illell 11er�0g1 ieckill,, it) tie ctlltllo\ ed or iel'\ e :t. a vollltlteer of himmlelor INSTRI Ci'OR AGREEMENT ---EXHIBIT A 1 Instructional Ser ices: Instructor shall provide the following, services Chorus Classes 2 CitN Facilities and Equipment: Instructor may onl% utilize the City's facihne,,, equipment. and material~ during class. Instructor ma% not utilize these items for their personal use 3 Supplies: -kll class related supplies shall be supplied and stored by the Instructor No item,, shall be stored in Cit} -facilities MI duplicating of class -related materials shall be pro,, ided bN the Instructor 4 Promotion: The City shall include class descriptions and information in the Activities Guide City staff will male every effort to assure the accuracy of this information, however. the City cannot be held responsible for printing errors All other promotional materials and acti%ities are the responsibility of the Instructor These include the de%elopment, 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 appro%al and attachment of a City logo prior to their production In addition, the Contactor must notify the City in ad%ance of any plans to be inter\ iewed for the press, radio or T\ Class Attendance: Instructors shall receive attendance rosters prior to the start of 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 am program unlet,, the\ are on the attendance roster. or can provide a current receipt sho%%mg enrollment-kttendance Sheets must be turned into city staff at the end of each session to initiate the invoice payment process Failure to tum in completed attendance sheets matt result in dela% of compensation 5 Class Cancellations — Instructors shall contact Community Sen ices at least (3) three business daN s before a class starts to cancel a class If the Instructor cancels for reasons of illness or emergency, they are responsible for informing class participants as %kelt as immediately contacting community ser\ices staff Cancelled classes will be rescheduled if space is a%ailable If dates and times are una\ailable to reschedule classes. then a pro -rated refund %vill be issued to participants at the end of the class session 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 organized as when you first arri,.e If instructing a class at an elementary school instructor are required to check-in with school administrative staff at arrival to the school Once each class is completed, it is the responsibility of instructor,, to ensure class participants are picked -up by guardians or caregi%ers before exiting the school N N E(Ii c LO O - E 4- 1J m-0 CL C Y O m0m•r O E-0 V1 a m -•r L> Orn Or•r O4 UULLrd LL tn Ln •• cd 01N 00 '-Zr Y O Cr 00 te C a) >1 >+L U Vf n ..-o m O Mai V1 4J -- "0•r•IV)r >,>, C Vt In 7 L L- w a) a) a) 4),C-0 m to •a I ~ N ro s r_ u a) aci Wo C'Oatn a)0)�z ocv m•r� C W W r X C 0 O C•r rd Y C C o0a 10 EE al U •++ - vYi U 43) W cm V1 m rn•r Jrr m U a)r 00 4 L 0 E U U ON 01"00 a) O U 4- C L m U Y m 1-J7E0 a) E a) 4- w L L Er•r W mYC N C a) 1 O L 41 ]L•r C Yr () In O.mL r a)LL LUa)7 •rX>U O a) a) (n v Q L.= t m 4- == Y >. ~ O u C Y V) L Y O IAM (a m++d C u r O (a m m L. 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TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Library, Recreation & Childcare Project Manager: Jason Fong Extension: 3338 Contractor Name: Marin Girls Chorus Contractor's Contact: Laurel Roberts -Meese 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 N JS 2 City Attorney Review and approve contract instructor agreement template and insurance requirements for ongoing 8/15/2018 N LMM use 3 Department Director Approve contract instructor agreement template for ongoing use 10/18/2018 N SAW PROCESSING INDIVIDUAL CONTRACTS 4 Project Manager Send draft contract instructor agreement to 9/9/2019 Nx JF Management Analyst 5 Management Analyst a. Create Job on PINS, send PINS insurance notice 9/9/2019 N CGQ to contractor, copy City Attorney c/o Laraine Gittens 9/9/2019 N CGQ b. Confirm that contractor submits required insurance documents, send to City Attorney 6 City Attorney Review and approve insurance in PINS 10/14/2019 7 Project Manager Forward originals of final agreement to contractor 10/14/2019 for their signature N JF 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 agreement to City Clerk with this routing form 10 City Clerk Attest signatures, retain original agreement