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LRC Instructional Services; Technology ClassesC'C)NTRAC I- FOR INS I'RUCflONAL SERVICES (Community Serx,iccs Department) Tlus Coni ci for Instructuonal Scnices ("Contract") is nig►dc and entered into dw, l" daN ot'&epten►ber. 220111, In and I?etnccn the ci rl' OF SAN RAI'AEL, a municipal corporation and 1'cCh11o1o!2y •1 Life xvhOs addretis is and telephone number i; ("In,tntctor"). In umsidcr.ition of the mutual co%cnants, aareenionts and condition contamcd hcruin. Cit~ ind ln,trucior aurce is folltm s: 1. ln�inictor's Sen•ices. Instructor shall diligently perform the services and furnish the ,upplics and related materials described in Exhibit A, Scope of Work, attached hereto and incorporated herein by this reference. Stafi The Instructor shall not replace named on-site Instnictor(s) kNithout prior appro�,►I of the Coy. Tile Insirucior shall prowidc to the City a completed Employee Information Form for each cmploN cc. Term. Time is ofthe essence. instnictor shall begin providing the services do<cribed in Exhibit on January 1. 2020 and shall complete those services by July 30, 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°x) of the ices collected. The amount paid shall be biased on resident rates for classes, not non-resident rates. For example: 20 resident participants paying $30 each and 2 non-resident participants paying S33 each for class taught by Instructor at City -provided facility [(20xS30)T(2xS30)]*60°„- S396 5. Changes. City may request, from time to time, changes in the scope of services to be pros ided by Instructor. Any changes and related ices shall be mutually agreed upon between City and Instructor and shall be the subject of a written amendment to this Contract. 6. Instnictor'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 tinder the direction of Instructor are its agents, servants, and employees and arc not agents, servants, or employees of city. 7. Termination at Convenience of City. 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 sum compensation described above at the time the notice of termination is received. S. Non-Assi =naE. hility. The Instructor shall not assign, sublet, or transfer this Contract or any interest or obligation therein. 111JcmniN and Hold Flarmless Instnictnr shall defend, indemnify, and hold harmless. the Cir, and its oflicers, employees and %oluntcem from and against all claims. losses, damage, injury, and hability tier damages ansina from errors, omissions, negligent or wrongful acts ofthe Instructor to the performance of its services under this Contract, regardless of whether the City has rcuiewed and or approved the work or services which has given rise to the claim. loss. damage. injury or liability fir 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 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 Liahility and Bodily injury insurance. A comprehensive, general liability insurance policy in the amount of 51,000,000 combined limit for bodily injury and property damage. The policy shall be endorsed to provide that the City, it_s officers. employees, agents and volunteers are named additional insured under the policy and tliat the insurance coverage will be primary and noncontributory as to the additional insureds. The policy shall be endorsed to waive anv right of subrogation against the City. b. Workers' Compensation insurance. Workers' Compensation Insurance 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: and this requirement to provide workers compensation insurance is waived. 1 I. Certificate of insurance and Endorsement page, 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 61.8 B Strect San Rafael, CA 94901 TO INSTRUCTOR: Technology 4 Life 11 Conformance to Applicable La�tis. Instructor shall compl} .with all applicable Federal. State. and Municipal la%%s, rules and ordinances. No discrimination shall be made by Instructor in the employment of persons to work under this contract, or sen ices provided pursuant to this contract, because of a person's protected classification, including but not limited to race, religion. color. Sex, -ender identitx, sexual orientation, national origin, anee-try, citizen.ship status, age. genetic characteristics, and physical or mental disability (whether perceived or actual I. '4. Department of Justice Background Checks. No emplo}ees or Instructors v.ith super%ision authorit 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 «ith children Instructor shall either: (a) certify that it has screened employees and instructors using the form 'attached as Fxhibtt 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 10.04-2 10, Instructor is only pro riding 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 here: 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. 1G. 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. Attornev's Fees. The prevailing party 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 SAN RAFAEL r By S Debbie Younkin, Seni Recreation Supervisor NSTRU 'TOR B�A+C( Instructor's Name INSTRUCTOR AGREE\IEiNT-E\IIi131T A I Instructional Services: in anictor shall provide the following services: technology classes; tier e\hubut \ Cth 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. Supplies: .\II class—related supplies %hall be supplied and stored by the Instructor. No items .hall be stored in Cite -facilities. All duplicating of class -related materials shall be provided b�r the Inuructor 4. Promotion: The Cite shall include class descriptions and information in the Activities Guide. Cita staff will make cvcr} 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 dex clopment. printing and distribution of flyers, news releases, feature articles, calendar infbrmauon and any other promotional activity or material. The Instructor must submit all such promotional materials to the City for approval and attachment of a Citi 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 cacti 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. G. 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 cacti class session for participants or parents of minor participants to complete. Completed evaluations must be tumed 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 lett clean and ready for a new Instructor to conic 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 are fingerprinted, and/or TB tested prior to the first day of instruction, if working with minors. 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TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Library, Recreation & Childcare Project Manager: Debbie Younkin Extension: 3347 Contractor Name: Technology 4 Life Contractor's Contact: Nicole Engler Contact's Email: ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT I 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 Nx JS 2 City Attorney Review and approve contract instructor agreement template and insurance requirements for ongoing 8/15/2018 x❑ LMM use 3 Department Director Approve contract instructor agreement template for ongoing use 10/18/2018 Nx SAW PROCESSING INDIVIDUAL CONTRACTS 4 Project Manager Send draft contract instructor agreement to 10/11/2019 ® DY Management Analyst 5 Management Analyst a. Create Job on PINS, send PINS insurance notice 10/11/2019 © CGQ to contractor, copy City Attorney c/o Laraine Gittens 11/25/2019 N CGQ b. Confirm that contractor submits required insurance documents, send to City Attorney 6 City Attorney Review and approve insurance in PINS 12/2/2019 7 Project Manager Forward originals of final agreement to contractor Clicl< 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 agreement to City Clerk with this routing form 10 City Clerk Attest signatures, retain original agreement