HomeMy WebLinkAboutLRC Instructional Services; ACBL Duplicate Bridge and Bridge ClassesCONTRACT FOR INSTRUCTIONAL SERVICES
(Community Services Department)
This Contract for Instructional Services ("Contract") is made and entered into this 1 st day of
October, 2019, by and between the CITY OF SAN RAFAEL, a municipal corporation ("City"), and Henry
Kingdon 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:
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. Staff. 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 6, 2020 and shall complete those services by December 22, 2020 (see attached calendar for
specific program dates, EXHIBIT B).
4. Compensation. City shall collect payments daily from Instructor for all class participants and shall
pay Instructor a portion of such collected class fees as follows: (a) Instructor shall be paid sixty-five
percent (65%) of the fees collected monthly when classes are held at a City -provided facility.
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.
6. 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 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.
8. Non -Assignability. bility. 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 harmless, 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, injury 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
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 BodilyIInjury Insurance. A comprehensive, general liability
insurance policy in the amount of $1,000,000 combined limit for bodily injury and property
damage. 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 noncontributory 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 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.
11. 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 teen 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
618 B Street
San Rafael, CA 94901
TO INSTRUCTOR: Henry Kingdon
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 here: and acknowledge that they have reviewed and are in
compliance with Chapter 10.04 — B siness 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 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 S N RAF}AVJEL
By
Senior Recreation Supervisor
INSTRUCTOR
By e A,�,
Instructor's me (Signa e)
INSTRUCTOR AGREEMENT ----EXHIBIT A
1. Instructional Services: Instructor shall provide the following services: ACBL Duplicate
Bridge and Bridge Classes
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 stored in designated closet area. 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: All participants must be accounted for on daily Bridge Recap Sheets.
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 Bridge Recap
Sheet, or can provide a current receipt showing enrollment.
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.
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.
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 Instructor to come in and
set up their own classes.
9. Contract Instructor Guidelines: All Instructors and sub -Instructors must abide by City
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. Please contact staff, if you have any questions
regarding any of the requirements.
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ACTIVITY/PROGRAM PROPOSAL
FORM FOR CONTRACTORS
x� o Note: Please provide separate forms for
a ^ each class or age group
K'ITN
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@cityofsanrafael.org
INSTRUCTOR INFORMATION
First Name I" i e V7 vy Last Name I� It, t M. I.
Name of Business t CI
or Organization
Address3
Home or
Business Phone:
Cell (,� �
Phone:
_
Email , Website
To whom should checks be payable? individual ❑Business
DESCRIPTIONCLASS
ck �Z b!. Aje- �1�5
Proposed Class Title: B e 1 ki h I ,,1. y; L�yrds
Class Description for Activity ide. Include enefit state ents and "you" language, maximum
Le,aL,t, +0 PIGY c�h+t oLJ b,,; Ir. b;,, 11 a fLkl C?X'6t�r
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a� �S1 Foie -I�,U Lk[ �0etj. �eIt,��,t ��. eIj a► -e we(c�t..� >,
- -
CLASSPREFERENCES
Do
Do you have a time preference for teaching this class? ❑ Weekdays ❑ Weekday Evenings ❑ Weekends
Day(s)/time(s) you'd prefer? f VC,n Y �0 Day(s)/time(s) you can't teach?
Facility Preference AlbertJ. Boro Community Center Lj San Rafael Community Center Lj Terra Linda Community Center
❑ Falkirk Cultural Center ❑ City Park
Special Room Requirements? tab s, ai, configuration, etc)- II VV0 W —A , S , `� L i 1:141
N L,r/
INFORMATION
Age Min. I Age Max. Min. Class i l Max. Class Q
! L u
Enrollment Enrollment
Supply/Material Fee: 5r Items provided:
(Payable to Instructor 1 Class)
Days
Start/End Dates(s)
Start/End Time(s)
No Class Dates
# of
Suggested
Per Class
Course #
(i.e. Holidays)
Classes
Course Fee
Fee
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� J 3(
fisc
v
TIP
- zz Ij ys t
GROUPAGE
❑ Infants/Toddlers 6 mos –2yrs ❑ Arts &Crafts ❑ Language
❑ Pre -School 2 yrs – 5yrs ❑ Athletics ❑ Martial Arts
❑ School Age 6 yrs -12 yrs ❑ Computers ❑ Personal Growth
❑ Teens 13yrs –17yrs i ❑ Dance ❑ Workshop
Adults 18 yrs and older ❑ Drama/Performing Arts ❑ Other/Special Events
❑ Mature Adults 60 yrs and older ❑ Fitness
e submit proposal dates that correspond with the Winter/Spring (Jan - Apr); approximate due date is first week
dates. Late or incomplete proposals will not be of September
fed in the guide. Please provide camera ready photos ❑ Summer (May - Aug); approximate due date is third week of
pi). Photos are encouraged during your classes. Please January
all photos to Steve Mason at
mason(cilcitvofsanrafael nm Fall (Sep - Dec); approximate due date is first week of May
Ow -V lilt Intic4j'k- / 6e,140 Cjt✓(,(.J1i a a iYl o t / t J t
our Bio: skills, certifications, accomplishments ... as they pertain to wha youyou a�ng. This information may be used in in our
ctivity Guide, or on our social media i.e. the Community Services Facebook page, or in other marketing efforts. 50 words maximum
14ogky WG f b- eci., )�GC�tt_- & wCG- 0PV",.G L -1 6v", �egi4 f-." t L W4 L. "I 4L."I
g=
High School
Did you graduate? [aYes ❑ No
,ollege
Did you graduate? Ffyes MNo Degree
Other
Did you graduate? Yes n No Degree/Certificate
❑ New Contractor: If new, please provide three references with phone
numbers below.
ame
ame
ame
From
need to
0
Contractor with the City of San Rafael —
IF you are selected to teach a class through the City of San Rafael's 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
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 j
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. I release all individuals who provide information to the City from all liability regarding the use of
such information.
Signature
2�11a
Date t (J�( I
Upon proposal view, we ct you to let you know if your class is a good fit for our program. Thank you for your i . terest.
Date Received 10 /f / /q I Staff Initials j;,� I PM Entry , tj / y I Staff Initials
,* RAF
C0p,q�!
1
s 2
iTy WITH P'
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: Henry Kingdon
Contractor's Contact: Henry Kingdon 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
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
7/11/2019
❑
Management Analyst
5
Management Analyst
a. Create Job on PINS, send PINS insurance notice
7/11/2019
® CGQ
to contractor, copy City Attorney c/o Laraine
Gittens
8/8/2019
® CGQ
b. Confirm that contractor submits required
insurance documents, send to City Attorney
6
City Attorney
Review and approve insurance in PINS
8/8/2019
7
Project Manager
Forward originals of final agreement to contractor
10/9/2019
for their signature
❑
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
to lot/ lot
C a
agreement to City Clerk with this routing form
10
City Clerk
Attest signatures, retain original agreement