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LRC Instructional Services; Kindergarten Camp; Melissa WilliamsCONTRACT FOR INSTRUCTIONAL SERVICES (Library, Recreation and Childcare Department) This Contract for Instructional Services ("Contract") is made and entered into this 9th day of August 2021, by and between the CITY OF SAN RAFAEL, a municipal corporation ("City"), and Melissa Williams whose address is Novato CA 94947, 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 Augrrst 9, 2021 and shall complete those services by August 13, 2021. 4. Compensation. City shall collect payment from all class participants and shall pay Instructor a portion of such collected class fees as follows: (a) Instructor shall be paid seventeen point five percent ( 17.5°'o) of the fees collected when classes are held at a City -provided facility; and (b) Instructor shall be paid seventy percent (70%) of the fees collected when classes are held at Instructor's facility, school facility or other private facility obtained by Instructor. For both (a) and (b), 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. Tennination 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 tenninated. Said Contract shall then be deemed terminated, and Instructor shall perforin no further work. If the Contract is so tenninated, 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 tennination is received. 8. Non -Assignability. The Instructor shall not assign, sublet, or transfer this Contract or any interest or obligation therein. 9. IndernnifLnd Haid l{«mtless. Instructor shall delend. lndenlnliN..111d 11014 111il-nlc,S, the C'ltN and its officers, employees and V011,111ICC1's }1'(1111 and al:aulst ail c1.1ut1s, lo.scs, damage, inlun. and hablllt\ tier damages ansing from errors. onllsslons. negligent or %%ronghll arts ot-the Instructor 1n the pertorllancc of its ser\ ices under thl. Contract. regardless tit- \\ holier the Cit\ ha; rc\ lc\\ ed and or appro\ ed the \\,ork or ser\ ices Milch has gl\cn rise to the chin(. loss, damage. 1nIu1-N or hahiht� 10r damages. fins 111dC111111fiCati011 ~hall cXtend lOr a reasonable period of Un1e allcr completion of' (lie class as \\cul as dunng the period of actual perfi►rllance of ser\ lees under this Contract. I he 0(0, acceptance of the insurance certificates required under this Contract docs not rche\c the In;trlctor from its ohllgatlon under this paragraph. 10. Insurance. DUnng the tcml ofthis Contract. Instructor shall maintain ill 1i111 16rcc and effect at its own cost and expense the k►Ilowing insurance co\ erage: I General L.tahil.Ay_arld Bo- dily lnjur\ Insurance. A comprehensive, general liability insurance policy in the amount of S 1.000.000 combined limit tilr bodily injury and property damage. 'Tile policy shall be endorsed to provide that the City, its ofliccrs, 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'_ C_o_tnpensation 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. I I If Instructor has no employees, Instructor must initial here: ;��l�l',i 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 CITY: City of San Rafael - Community Services San Rafael Community Center 618 B Street San Rafael, CA 94901 TO INSTRUCTOR: Melissa 1171liants 2 I ; Confomlancc to_Aplllicable Laws. Instructor ~hall conipl\ \k ith all ,lpplrcable I ederal. State. and 'Municipal laws. rules and ordinances. No discrimination ~hall be ni.ide by Instructor in the clllplo\illcill of persons to \pork under this contract. or set \ices pro,,idcd purNiiant to (Ills contiac-L belalltie of a perum's protcctcd classiticauon. nlcludtng but not Inriacd to race, religion, color, tier. gender identlt\, sexual orientation, national origin. ancesti-y, citvcnship status. ,ige, genet"' charactcrisni-s, and pity sical or mental ditiabiht\ (%N hcthcr percei, cd or actual ) 14. Department ofJustice Background Checks. No enlplo)ces or Instructor, kith supervision authority. over children undo' the age of IS shall work at the I acihties until a Dcpartrnent of Justicc background check has been completed and the person is authoriicd to work %% III, children. Instructor shall either: (a) certify that it has screened employees and Instructors using the fi-irnl attached as Exhibit B to this Agreement; or (b) arrange ,vith City staff to fingerprint and suhmit the required in(orillation 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 Linder any other provision of the chapter as a result of their other business activities, i Instructor must initial here; t (I� 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 constnie 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. 1 S. Scope of Contract. This writing constitutes the entire Contract between the parties relative to instructional services for the prograrn(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 Recreation Supervisor INSTRUCTOR By , I — Instructor's Name (Signature) 3 EX111131 r A ---- INSTRUCTOR AGRI•:E'►iEN r structional Services: Instructor shall provide the follo%% ulg'1Ccti (see additional pages Lxhibit A for iurthcr detad): hrnderi--,urten C'mil, it, hacilities and Equipment: Instructor nla) only utrhic the C'rt)'s equipment. and rnatenals during class: Instructor ntaN not uttivc these items l'Or their personal use 3_ Supplies: All class related supplies shall lie supplied and stored by the Instructor. No items acilthc5. All duplicating class-rela shall be stored in Cit)-tted rnatcnals Shull he prop ided bN the Instructor. -l. Promotion: The City shall include class descriptions and intormatioil in the Actiaitres Guide. City staffw-illlmake every effort. to assure the accuracy of this infi)rmation, however, the City cannot be held responsible for printing errors. esc All other promotional materials and activities arc the respunsibilitY of' f t re articles, include the development, printing and distribution of flyers, nc��'s rel calendar information and any other promotional acnvit) or material. Tile Instructor must submit all such promotional materiaIs to the City approval and t��r ap attachment of a City logo prier to their production. In addition. io or Contactor must notify the Citv in advance of any plans to be intervie,.\•cd for the press, r all receive attendance rosters prior 5 Class Attendance: Instructors shDiscrepancies regardingthe firstlass participants Roll -call must be taken at te h beginningately f ea the City. No ph class. articipant shall be allowed to enrolled must be discussed the attendance raster, or can provide a Curren participate in any program unless they are on receipt showing enrollment. ss 6. Class Cancellations — Instructors shall contact thenlnstruct Comunity Services cancels afor re(3) of ll illne illness days before a class starts to cancel a class. emergency, they are responsible for informing students. 7. Program Evaluations: Instructors may be asked to hand out class vac ationsmple.t the endted of each class session for participants or parents of minor participant evaluations must be turned in to the City. The City will provide City -approved Program Evaluation forms. S. 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 Instructors and sub -contracts are fingerpnnted, and/or TB tested prior to the first day of instruction. Please contact staff, if you have any questions regarding any of the requirements. 4 EXHIBIT B ---- CERTIFICATIONOF BACKGROUND CHECKS Instructor/Contractor ack no%% I edges that pursuant to Califf niw Public RCSOL11-:et C'o(Ic X5164 that no employee or volunteer of Instructor may be employed or hold a position ha\ ing super%tsor} or disciplinary authority over any person under the age of eighteen (1 S) if that employee, tiub-t,ontractor or volunteer has been convicted of any of vanous spccttied 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 Position or Volunteer 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/Contractor Mdl'A_Sa W l <[(%O' nS Full Name, Title J . _& --- - sic' Signature Date Company Name (if applicable) ` Violations or attempted violations of §, 270, 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. 5 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: Melissa Williams Contractor's Contact: Melissa Williams Contact's Email: ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION I 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 ❑x JS 2 City Attorney Review and approve contract instructor agreement template and insurance requirements for ongoing 8/1S/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 Click here to ❑ Management Analyst enter a date. 5 Management Analyst a. Create Job on PINS, send PINS insurance notice 7/21/2021 ® CO, to contractor, copy City Attorney c/o Laraine Gittens 7/21/2021 ❑X —CQ— b. Confirm that contractor submits required insurance documents, send to City Attorney 6 City Attorney Review and approve insurance in PINS 7/22/2021 1. 7 Project Manager Forward originals of final agreement to contractor Click here to for their signature enter a date. ❑ 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 p/��/Z` 0 9 Management Analyst Retain copy for department and forward CO City Clerk agreement to City Clerk with this routing form - 10 Attest signatures, retain original agreement