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LRC Instructional Services; Dance Classes 2021CONTRACT FOR INSTRUCTIONAL SERVICES (Library and Recreation Department) This Contract for Instructional Services ("Contract") is made and entered into this 4th day of March 2021, by and between the CITY OF SAN RAFAEL, a municipal corporation ("City"), and Toni Mayock whose address is San Rafael CA 94901, 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, 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 March 4, 2021 and shall complete those services by May 26, 2021. 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 (60%) of the fees collected when classes are held at a City -maintained facilities and eighty percent (80%) when hosting classes virtually. 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. Chanes. 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 Updated: May 2020 of the total fixed sum compensation described above at the time the notice of termination is received. 8. 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 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. 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 q1ty. If Instructor has no employees, Instructor must initial here: IN 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: Updated: May 2020 TO CITY: City of San Rafael — Library & Recreation San Rafael Community Center 618 B Street San Rafael, CA 94901 TO INSTRUCTOR: Tom Mayock San Rafael, CA 94901 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 dire ly by the City and is otherwise not required to obtain a license under any other provision oft 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 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. Updated: May 2020 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 SAN RAFAEL By Senior Recre on Supervisor INSTRUCT By Instructor's Name (Signature) 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): Dance 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. 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. Instr�/Contractor /' 7eyo /��6 LIL Full Nan rTitle SGP" .-_/ Signature Date Company Name (if applicable) 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 CITY OF SAN RAFAEL LIBRARY AND RECREATION DEPARTMENT CONTRACT INSTRUCTOR AGREEMENT: COVID-19 RECREATION CLASSES ADDENDUM As a Contract Instructor operating outdoor classes for the City of San Rafael, I/we, the undersigned, hereby declare and agree to the following: 1. I/we agree to comply with the October 27, 2020 ORDER OF THE HEALTH OFFICER OF THE COUNTY OF MARIN ESTABLISHING MANDATORY RISK REDUCTION MEASURES APPLICABLE TO ALL ACTIVITIES AND SECTORS TO ADDRESS THE COVID-19 PANDEMIC ("Risk Reduction Order"), and any subsequent Health Order issued by the Health Officer of the County of Marin ("Subsequent Order"). 2. I/we further agree to comply with all relevant guidelines provided by the California Department of Public Health, including but not limited to the December 14, 2020 Outdoor and Indoor Youth and Recreational Adult Sports Guidelines, the October 20, 2020 COVID-19 INDUSTRY GUIDANCE: Fitness Facilities, and the September 4, 2020 Guidance Related to Cohorts ("the Guidelines"), and any subsequent guidelines issued by the California Department of Public Health or the Health Officer of the County of Marin ("Subsequent Guidelines"). 3. 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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 T RESPONSIBLE DESCRIPTION COMPLETED T 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 ❑x JS 2 City Attorney Review and approve contract instructor agreement template and insurance requirements for ongoing 8/15/2018 ❑x LMM Department Director use Approve contract instructor agreement template 3 PROCESSING for ongoing use 10/18/2018 ❑x SAW INDIVIDUAL CONTRACTS 4 Project Manager Send draft contract instructor agreement to 7/16/2019 ❑X JF Management Analyst 5 Management Analyst a. Create Job on PINS, send PINS insurance notice 7/16/2019 ❑X CGQ to contractor, copy City Attorney c/o Laraine Gittens 8/9/2019 © CGQ b. Confirm that contractor submits required City Attorney insurance documents, send to City Attorney _ t Review and approve insurance in PINS 8/9/2019 6 ❑X 7 Project Manager Forward originals of final agreement to contractor 3/18/2021 for their signature 0 _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 Retain copy for department and forward 3(2 9 City Clerk agreement to City Clerk with this routing form 10 Attest signatures, retain original agreement