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LRC Instructional Services; Virtual Dance ClassesCONTRACT FOR INSTRUCTIONAL SERVICES I (Community Services Department) This Contract for Instructional Services ("Contract") is made and entered into this day of Januar, 2021, by and between the CITY OF SAN RAFAEL, a municipal corporation ("City"), and Foie I chock whose address is �??;. Sc..=z !?c:;t:ei I:I 94001, and telephone number is ("Instructor"). In consideration of the mutual covenants, acrreements and conditions contained herein. City and Instructor agn•ee 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 Cite. The Instructor shall provide to the City a completed Employee Information Form for each employee. Term. Time is of the essence. Instructor shall begin providing the services described in _Exhibit A on ,feimiai-v 20. 202 i and shall complete those services by .tharelt 31, tri' 1 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 eighty percent (80%) 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 [('0x$30)+(2x$30)]'k60%= $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. chancres in the scope of services to be provided by Instructor. Am, chancres and related fees shall be mutually agreed upon between Cit% 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 anv 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 -Assignability. The Instructor shall not assign, sublet, or transfer this Contract or any interest or obli,ation therein. e 1 Confonnance to Applicable Laws. Instructor shall comply %vith 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, set. ;ender identity, sexual orientation. national origin. ancestry, citizenship stat -us. a . genetic characteristics. and physical or mental disability (whether perceived or actual). 14. Department of Justice Background Checks. No employees or Instructors w1th supervision authority over children under the ace of 13 shall work at the Facilities until a Department of Justice back`iround check has been completed and the person is authorized to work vyith children. Instructor shall either: (a) certify that it has screened employees and Instructors using the form attached as Exhibit B to this AV-reement: or (b) arrange with Cite 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 encasing in any operation or activity set firth 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 10.041? 10, Instructor is only providing, classes or instruction as part of City -sponsored procrams for which fees are collected directly by the City and is otherwise not required to obtain a license under am 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 I.icense'F&x of the ("it-, of Sari Rafaei's Municipal Code. 16. Waiver. In the event that either City or Instnictor shall at any time or gimes waive any breach of this Contract by the other, such waiver shall riot constitute a waiver of any other or succeedin, 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 attorriev's lees expended in connection with such an action. I S. Scope of Contract. This x%ritinc constitutes the entire Contract betyyeen the parties relative to instructional services for the progrtnn(s) and modification hereof shall riot 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. CITE" QF .'.-�N RAFAEL� Senior Recreation ' iper�isoi INS T RUC -1 OR instructor's Name (Signa*e) i INSTRUCTOR AGREEMENT ----EXHIBIT A 1. Instructional Services: Instructor shall provide the following services: Virtual Dance Classes 2. Cite 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 Cit} shall include class descriptions and information in the Activities Guide. City staff will make every effort to assure the accuracy of this infonnation, however. the Citi cannot be hold responsible for printing errors. All other promotional materials and activities are the responsibility of the instructor. These include the development. printing and distribution of fivers, 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 Cit} in advance of any plans it) be interviewed for the press. radio or TV. 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 immediateli 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 shcm iriv enrollment. Attendance Sheets must 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. 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 class participants as well as immediately contacting coMlnunity services staff. Cancelled classes will be rescheduled if space is mailable. If dates and times are unavailable to reschedule classes. then a pro -rated refund will be isued 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 t'or participants or parents of minor participants to complete. Completed eValuations MUSt be turned in to the Citv_ . The Citi will provide City -approved Program Evaluation Corns. S. Facility Entrance and Exit: Instructors are responsible for all set-up and take down for each of their ok�n classes. Facilities must be left clean and organized as when you First arrive. If instructinL� a cl:—t,,s at an elementar school instructor are required to check-in with school administrative staff at arri%al to the school. Once each class is completed.. it is the 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 wrongfirl acts of the Instructor in the performance of its services tinder this Contract, regardless of whether the Citv 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 oblivation under this paragraph. 10. Insurance. During the tenn of this Contract, Instructor shall maintain in Rill force and effect at its own cost and expense the following insurance coverage: a. General Liability and Bodily Injury Insurance 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, 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 Cit}. 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 «ith the City prior to en-a-ing 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 tenn of this Contract without thim, (30) days written notice to the City prior to the effective date of such cancellation or chancre in coverage. 12. Notices. .all notices herein required shall be in k�ritinu and shall be sent by mail, postage prepaid. addressed as follo%vs: TO CITE': City of San Rafael - Community Services San Rafael Community Center 618 B Street San Rafael. CA 94901 TO INSTRUCTOR: We responsibility of instructors to ensure class participants are picked -tip 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 (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 beloxv taken and submitted to the California Department of.lustice for verification, that such person has not been convicted of the disqualifying offenses, and that lnc,tructo14Contractor 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 Cite 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 Av Full Name, 'title, Signature ; Date Company Name (if applicable) Violations or attempted violations of yy 220.261.5.262. 2731. 2734, or 27;.5 ofthe Calif'Ornia Penal Code. or an4 sex offense listed in § 290 of the Penal Code, except fur the offense tipecitied in subdivision (d) of ` 243.4 ofthe Penal Code. within tell (I10 ) years of the date of such person seeking to be employed or serve ati a volunter.r of instructor. RAP <1 AF! �1 s 2 r�rY 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: Jason Fong Extension: 3338 Contractor Name: Tom Mayock Contractor's Contact: Tom Mayock Contact's Email: ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION DEPARTMENT TEMPLATE CREATED FOR ONGOING USE 1 City Manager Delegate authority for signing contract instructor agreements to Senior Recreation Supervisors 2 City Attorney Review and approve contract instructor agreement template and insurance requirements for ongoing _ use 3 Department Director Approve contract instructor agreement template for ongoing use PROCESSING INDIVIDUAL CONTRACTS 4 Project Manager Send draft contract instructor agreement to Management Analyst 5 Management Analyst a. Create Job on PINS, send PINS insurance notice to contractor, copy City Attorney c/o Laraine Gittens b. Confirm that contractor submits required insurance documents, send to City Attorney 6 City Attorney Project Manager Review and approve insurance in PINS 7 Forward originals of final agreement to contractor PRINT for their signature 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 COMPLETED REVIEWER DATE Check/Initial +- 3/21/2017 19 JS i 8/15/2018 ❑x LM M 10/18/2018 x❑ SAW 7/16/2019 ❑X JF 7/16/2019 ❑X CGQ 8/9/2019 ❑X CGQ 8/9/2019 1/15/2021 1/20/2021 z/q h -i wq-r-Al ❑X a - X JF_ JF