HomeMy WebLinkAboutLRC 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
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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: 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