HomeMy WebLinkAboutLRC Instructional Services; Creative Art Classes 2020CONTRACT FOR INSTRUCTIONAL SERVICES
(Community Services Department)
This Contract for Instructional Services ("Contract") is made and entered into this
20th day of Novenilwi, 2019, by and between the CITY OF SAN RAFAEL, a municipal corporation
("City"), and At t Monsters LLC, DBA At-( Maher Studio 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. 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 27, 2020 and shall complete those services by April 24, 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%) of
the fees collected. The amount paid shall be based on resident rates for classes, not non-resident
rates. For example: (a) 20 resident participants paying $30 each and 2 non-resident participants
paying $33 each for class taught by Instructor at City -provided facility [(20x$30)+(2x$30))*60%7
$396; (b) same number of resident and non-resident participants and same class fee at Instructor -
provided facility [(20x$30)+(2x$30)1*70%= $462.
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 -Assign bili y_. The Instructor shall not assign, sublet, or transfer this Contract or any interest
or obligation therein.
9. Indemnify and I lold I Iarmless. 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 tinder 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 Bodily Injury 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. 'Che 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: Rv, 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 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 CI'T'Y: City of San Rafael - Community Services
San Rafael Community Center
618 13 Street
San Rafael, CA 94901
TO INSTRUCTOR: AY Munster:~ LI,C, DIJA /Irl Maker Studio
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: H K— 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. 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.
CI'T'Y OF SA R F EL
By
Senior Recreation Supe visor
INSTRUCTO#1By
� /E
Instructor's Name (Signature)
INSTRUCTOR AGREEMENT ---EXHIBIT A
1. Instructional Services: Instructor shall provide the following services: Creative Art 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 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. I'hese
include the development, printing and distribution of flyers, news releases, feature articles,
calendar information and any other promotional activity or material.
'I'Im 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 W.
5. 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 any program unless they are on the attendance roster, or can provide
a current receipt showing enrollment. Attendance Sheets trust be turned into city staff at the
end of each session to initiate the invoice payment process. Failure to turn in completed
attendance sheets may result in delay of compensation.
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 class participants as well as
immediately contacting community services staff. Cancelled classes will be rescheduled if
space is available. If dates and times are unavailable to reschedule classes, then a pro -rated
refund will 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.
B. Facility Entrance and Exit: Instructors are responsible for all set-up and take down for each
of their own classes. I-acilities must be left clean and organized as when you first arrive. 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
4
responsibility of instructors to ensure class participants are picked -up by guardians or
caregivers before exiting the school.
CERTIFICATION OF BACKGROUND CHECKS
Instructor/Contractor acknowledges that pursuant to California Public Resources Code §5164 that
no employee or volunteer of Instructor may be employed or hold a position having supervisory or
disciplinary authority over any person under the age of eighteen (18) 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 below 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 will be notified of any future disqualifying offenses:
Name of Employee, Sub -Contractor Date of
or Volunteer Position Background
Check
Instructor/Contractor further acknowledges that by this Certification of Background Checks, the
City of San Rafael will not independently verify the information provided by Instructor; so therefore the
Instructor shall indemnify, defend and hold harmless the City, its elected and appointed officials, and it
employees from and against any and all claims, loss, liability and damages resulting from injury or death
to any person arising out of or in connection with the misrepresentation of any information provided
herein.
Instructor/Contractor
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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: Art Monsters
Contractor's Contact: Renee Kelly 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
® JS
2
City Attorney
Review and approve contract instructor agreement
template and insurance requirements for ongoing
8/15/2018
® LMM
use
3
Department Director
Approve contract instructor agreement template
for ongoing use
10/18/2018
® SAW
PROCESSING INDIVIDUAL CONTRACTS
4
Project Manager
Send draft contract instructor agreement to
6/10/2019
❑x JF
Management Analyst
5
Management Analyst
a. Create Job on PINS, send PINS insurance notice
6/10/2019
® CGQ
to contractor, copy City Attorney c/o Laraine
Gittens
6/17/2019
® CGQ
b. Confirm that contractor submits required
insurance documents, send to City Attorney
6
City Attorney
Review and approve insurance in PINS
6/17/2019
7
Project Manager
Forward originals of final agreement to contractor
❑
for their signature
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
8
Project Manager
Obtain Senior Recreation Supervisor signature and
C)
forward signed agreement to Management Analyst
1 112 j
with printed copy of this routing form
9
Management Analyst
Retain copy for department and forward
l
C
agreement to City Clerk with this routing form
10
City Clerk
Attest signatures, retain original agreement