HomeMy WebLinkAboutLRC Instructional Services; Theater Arts 2020CONTRACT FOR INSTRUCTIONAL SERVICES
(Library and Recreation Department)
This Contract for Instructional Services ("Contract") is made and entered into this 17th day of September,
2020, by and between the CITY OF SAN RAFAEL, a municipal corporation ("City"), and Pied Piper
Productions 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, Instructor Agreement, 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 Sept 15, 2020 and shall complete those services by October 1, 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 sixty percent (600 o) of the
fees collected when classes are held at a City -maintained facility. For (a), (b) and (c), 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%= $396; (b) same number
of resident and non-resident participants and same class fee at Instructor -provided facility
[(20x$30)+(2x$30)]*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.
Updated: May 2020
S. Non -Assignability. 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 Bodily Intury 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: 6Jand 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:
Updated: May 2020
TO CITY: City of San Rafael — Library & Recreation
San Rafael Community Center
618 B Street
San Rafael, CA 94901
TO INSTRUCTOR: Pied Piper Productions
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 atsiness 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.
Updated: May 2020
This Contract is executed the date and year first above written.
CITY OF SAN RAFAEL
By �4
Senior Recreation Supervisor
Updated: May 2020
EXAMPLE: EXHIBIT A---- INSTRUCTOR AGREEMENT
1. Instructional Services: Instructor shall provide the following services (see additional pages of
Exhibit A for further detail): Theater Arts
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. 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: Instructors shall receive attendance rosters prior to 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.
6. 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
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 ready for a new Instructor to come in and
set up their own classes.
9. Contract Instructor Handbook Guidelines: All Instructors and sub -Instructors must abide by
the guidelines outlined in the Contract Instructor Handbook, including but not limited to
adhering to deadlines, maintaining a current City of San Rafael Business License, ensuring all
Updated: May 2020
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.
EXHIBIT B ---- 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
or Volunteer
Position
Date of
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/Con ctor
ME
Company Name (if Ipplicable)
I Violations or attempted violations of §§ 220, 261.5,262, 273a, 273d, or 273.5 of the California Penal Code, or any sex
offense listed in § 290 of the Penal Code, except for the offense specified in subdivision (d) of § 243.4 of the Penal Code,
within ten (10) years of the date of such person seeking to be employed or serve as a volunteer of Instructor.
Updated: May 2020
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: Pied Piper Productions
Contractor's Contact: Sonia Perozzi Contact's Email:
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLEFDESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
TEMPLATE
City Manager
CREATED FOR ONGOING USE
Delegate authority for signing contract instructor
1
agreements to Senior Recreation Supervisors
3/21/2017
❑x 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
❑x SAW
PROCESSING INDIVIDUAL CONTRACTS
4
Project Manager
Send draft contract instructor agreement to
6/28/2019
❑x JF
Management Analyst
5
Management Analyst
a. Create Job on PINS, send PINS insurance notice
6/28/2019
❑x CGQ
to contractor, copy City Attorney c/o Laraine
Gittens
7/18/2019
® CGQ
b. Confirm that contractor submits required
insurance documents, send to City Attorney
6
City Attorney
Review and approve insurance in PINS
7/19/2019
❑X
7
Project Manager
Forward originals of final agreement to contractor
9/10/2020
for their signature
D _JF_
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
8
Project Manager
Obtain Senior Recreation Supervisor signature and
forward signed agreement to Management Analyst
Management Analyst
with printed copy of this routing form
9
Retain copy for department and forward
City Clerk
agreement to City Clerk with this routing form
10
Attest signatures, retain original agreement