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Marylyn Jones A2015-249 Agreement No. 120 S -24`1 CONTRACT FOR INSTRUCTIONAL SERVICES BETWEEN THE CITY OF CHINO HILLS AND MARYLYN JONES This AGREEMENT is entered into as of the date last signed below, by and between the CITY OF CHINO HILLS, a general law city and municipal corporation ("CITY") and MARYLYN JONES, ("INSTRUCTOR"). 1. CONSIDERATION. A. INSTRUCTOR and CITY agree to abide by the terms and conditions contained in this Agreement; B. INSTRUCTOR agrees to provide the Services listed below; C. CITY will pay INSTRUCTOR 60% of the gross fees collected after a $4 administrative fee is deducted from each individual registered participant. 2. FACILITIES. CITY will provide the facilities needed to provide the Services below. 3. SCOPE OF SERVICES. A. INSTRUCTOR will perform notary public seminar services. B. Class schedules and minimum class size will be determined by the parties on a quarterly basis. C. Class Session Dates will be as follows: a. Winter Session - January 1st to February 20th b. Spring Session - February 21st to June 11th c. Summer Session - June 12th to August 20th d. Fall Session -August 21st to December 10th D. INSTRUCTOR will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all other matters whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the services required of INSTRUCTOR by this Agreement. 4. FAMILIARITY WITH WORK. By executing this Agreement, INSTRUCTOR represents that INSTRUCTOR has: A. Thoroughly investigated and considered the Policies and Procedures as listed in Exhibit A; Page 1 of 6 B. Carefully considered how the Policies and Procedures listed in Exhibit A should be performed; and C. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. 5. TERM. The term of this Agreement will be from January 1, 2016, to December 31, 2016. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Section 3— Scope of Services. B. Termination as stated in Section 8. 6. TAXPAYER IDENTIFICATION NUMBER. INSTRUCTOR will provide CITY with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. INSTRUCTOR, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 8. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination will be in writing. B. INSTRUCTOR may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. D. By executing this document, INSTRUCTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. E. All contract classes advertised in the City News & Recreation Brochure are given a "life span" of two seasons, approximately six months, to meet their minimum enrollment. If, in two consecutive seasons, a class has not met the minimum enrollment, the agreement will be terminated by the CITY. The class may be re-evaluated at a future date based on the needs of the community. 9. INDEMNIFICATION. A. INSTRUCTOR indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance, Page 2 of 6 B. INSTRUCTOR will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. 12. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, INSTRUCTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Tvoe of Insurance Limits (combined sinal& Automobile liability As Required by State Statutes B. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). C. INSTRUCTOR will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. INSTRUCTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. D. Should INSTRUCTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at INSTRUCTOR's expense and deduct the cost of such insurance from payments due to INSTRUCTOR under this Agreement or terminate. 13. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: CITY INSTRUCTOR City Clerk Marylyn Jones City of Chino Hills 1520 Red Hill North Drive 14000 City Center Drive Upland, CA 91786 Chino Hills, CA 91709 Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, Page 4 of 6 notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 14. SOLICITATION. INSTRUCTOR maintains and warrants that it has not employed nor retained any company or person, other than INSTRUCTOR's bona fide employee, to solicit or secure this Agreement. Further, INSTRUCTOR warrants that it has not paid nor has it agreed to pay any company or person, other than INSTRUCTOR's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should INSTRUCTOR breach or violate this warranty, CITY may rescind this Agreement without liability. 16. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in San Bernardino County. 16. COMPLIANCE WITH LAW. INSTRUCTOR agrees to comply with all federal, state, and local laws applicable to this Agreement including, without limitation, the Americans with Disabilities Act ("ADA"). 17. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There is one (1) Attachment to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 18. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 19. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party, 20. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 21. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Page 5 of 6 Agreement may be modified by written amendment. CITY's city manager, or designee, may execute any such amendment on behalf of CITY. 22. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. IN WITNESS WHEREOF the parties hereto have executed this contract as of the last date signed 7=low. Cl OF l, • OS MARYLYN JONES .ln 0171-e-e--) nathan Mar"shall/6 • (Sig ature ommunity Services Director < fin /S' l/— 9 -/ ------ Date ' / - Date Page 6 of 6 EXHIBIT"A" CITY OF CHINO HILLS RECREATION AND PARKS DEPARTMENT CONTRACT CLASS AND PROGRAM POLICIES AND PROCEDURES Performance Policies: 1. Report to work as scheduled. Allow ample time (minimum of 15 minutes) for preparation and clean-up;your dass/es should start and end at the designated class times. 2. If unable to work, any substitutes or assistants must be authorized CONTRACTORS with the City of Chino Hills and must have a current signed contract on file with the Recreation Division office. All Instructors, substitutes or assistants must be live scanned through the City of Chino Hills and cleared before classes begin. Instructors must request paperwork through the Recreation Coordinator. 3. To notify the Recreation Coordinator, in advance, of any class changes (i.e. time,cancellation). 4. Dress appropriately: dosed-toed shoes(sandals or aqua footwear for aquatics staff- bare feet are permitted on pool deck). Shorts must be of an appropriate length, no inappropriate logos or slogans. Dress in a manner which fadlitates your ability to conduct your program. 5. Instructor conduct is to represent the City in a professional and appropriate manner at all times. 6. Profanity,slang, and derogatory,sexual, religious, and/or ethnic comments are prohibited. 7. No alcoholic beverages or tobacco are allowed on CITY property. 8. No transporting of participants/students in personal vehicles. 9. CITY facilities(and/or joint use facilities)are not to be used for paid private instructor unless fully executed contract or license agreement is in place. 10. To proceed with the class if the minimum number is achieved. Participant Emeraencv Procedures: 1. Administer first aid only if you are certified to do so. 2. Only basic first aid treatment is authorized, regardless of your personal training. If you have questions first aid procedures,discuss with your Recreation Coordinator prior to working. 3. For serious situations call 911 for Paramedics, Fire, and Police. 4. Do not move injured patrons, unless required to do so for their safety. 5. Acddent/Incident Reports- Immediately notify office staff, Recreation Coordinator and/or the Recreation Division of all accidents or incidents. These reports are to be completed by City staff, not the patron or contractor. CONTRACTOR Is responsible for notifying staff on all emergencies and incidents. If an Incident occurs at the offsite location, Contractor is responsible for filling out the report form and submitting it to your Recreation Coordinator within 24 hours. Eauioment.Suoolies, Facilities: 1. CITY facilities may be utilized for your class only at the designated class date and time, at the designated class location, unless otherwise authorized. 2. Class equipment and supplies should be maintained in a safe operating condition. a. Report all unsafe conditions with CITY equipment/facilities to Recreation Coordinator. EXHIBIT"A" CITY OF CHINO HILLS RECREATION AND PARKS DEPARTMENT CONTRACT CLASS AND PROGRAM POLICIES AND PROCEDURES Performance Policies: 1. Report to work as scheduled. Allow ample time (minimum of 15 minutes) for preparation and clean-up;your dass/es should start and end at the designated class times. 2. If unable to work, any substitutes or assistants must be authorized CONTRACTORS with the City of Chino Hills and must have a current signed contract on file with the Recreation Division office. All Instructors, substitutes or assistants must be live scanned through the City of Chino Hills and cleared before classes begin. Instructors must request paperwork through the Recreation Coordinator. 3. To notify the Recreation Coordinator, in advance,of any class changes(i.e. time,cancellation). 4. Dress appropriately: closed-toed shoes (sandals or aqua footwear for aquatics staff- bare feet are permitted on pool deck). Shorts must be of an appropriate length, no inappropriate logos or slogans. Dress in a manner which fadlitates your ability to conduct your program. 5. Instructor conduct is to represent the City in a professional and appropriate manner at all times. 6. Profanity,slang, and derogatory,sexual, religious, and/or ethnic comments are prohibited. 7. No alcoholic beverages or tobacco are allowed on CITY property. 8. No transporting of participants/students in personal vehicles. 9. CITY facilities (and/or joint use facilities) are not to be used for paid private instructor unless fully executed contract or license agreement is in place. 10. To proceed with the class if the minimum number is achieved. Participant Emeroencv Procedures: 1. Administer first aid only if you are certified to do so. 2. Only basic first aid treatment is authorized, regardless of your personal training. If you have questions first aid procedures, discuss with your Recreation Coordinator prior to working. 3. For serious situations call 911 for Paramedics, Fire, and Police. 4. Do not move injured patrons, unless required to do so for their safety. 5. Acddent/Incident Reports- Immediately notify office staff, Recreation Coordinator and/or the Recreation Division of all accidents or Incidents. These reports are to be completed by City staff, not the patron or contractor. CONTRACTOR is responsible for notifying staff on all emergencies and Incidents. If an incident occurs at the offsite location, Contractor is responsible for filling out the report form and submitting It to your Recreation Coordinator within 24 hours. Eauioment.Supplies. Facilities: 1. CITY facilities may be utilized for your class only at the designated class date and time, at the designated class location, unless otherwise authorized. 2. Class equipment and supplies should be maintained in a safe operating condition. a. Report all unsafe conditions with CITY equipment/fadlities to Recreation Coordinator. Course Management: 1. Only those students enrolled with the CITY of Chino Hills Recreation Division may participate in your class. Only those students registered with the CITY have signed release forms/indemnity clause and/or are entered on CITY) insurance programs. 2. Class rosters are to be obtained from your Recreation Coordinator or designated CITY staff by the first day of class. Establish minimum number of partidpants must be registered in each class by completion of first class session or class is subject to cancellation. 3. Student Rosters with names and addresses should not be shared with others. 4. Contractors may request a one-day "Guest Pass" for individuals not currently enrolled. Recreation Staff reserved the right to approve or disapprove guest pass requests. Guest must have a signed release form. Instructors must provide the Recreation Coordinator with signed release forms before the class begins. S. Students must attend program class/day/time they are enrolled in. 6. Makeup classes should be scheduled through instructor, pending Recreation Coordinator authorization and site availability. 7. Instructors and/or assistants must be contracted by the CITY of Chino Hills to instruct the specified program and/or activity. The contract must be fully processed through the Recreation Division for current fiscal year. 8. If the Instructor is unavailable, the class may not meet or rehearse without the authorized, contracted instructor (or authorized substitute instructor), regardless of the age of the students- youth or adults. No instructors In-training, guest leaders, etc., unless they hold a current contract with the CITY of Chino Hills for specified program. 9. Instructors may not permit siblings, friends, family members to participate in and/or assist (without proper registration)with set-up/instruction/dean-up of the dass. 10.Course content, lessons, format, etc. must be discussed and approved by your Recreation Coordinator before working. 11.Class handouts, letters, correspondence, etc. must be approved by your Recreation Coordinator before distribution. CONTRACTOR Invoices: 1. Payments will be issued based upon the Recreation Division/Accounts Payable deadlines. 2. Invoices can be submitted after the second class has concluded. Invoices are to be submitted to your Recreation Coordinator. 3. Invoices must be accurate and supported by department-issued computerized rosters. Invoices will be reviewed and authorized by your Recreation Coordinator prior to payments. Incomplete and/or inaccurate invoices will be returned to the CONTRACTOR for revisions. a. Before submitting your invoice request a current roster from designated Department staff. Roster is to be dated after the second class has concluded. Payments will take 4 to 6 weeks to be processed.