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HomeMy WebLinkAbout0009_5_Exhibit D – Jazmine Delone Instructor Contract Original AgreementCITY OF LAKE ELSINORE INDEPENDENT CONTRACTOR AGREEMENT FORINSTRUCTORS THIS INDEPENDENT CONTRACTOR AGREEMENT FOR INSTRUCTORS CAg(eement") is made and entered into on Vwtit, 20'� by and between the City of Lake Elsinore, hereinafter called the "CITY', and '- AZ l WC cm- , hereinafter called the "CONTRACTOR." The parties do hereby contract and agree as follows: 1. Purpose. The CITY hereby engages CONTRACTOR for purposes of providing instruction in skillful and competent manner, and shall abide by all laws in doing so. CONTRACTOR shall perform such other duties as are customarily performed by one holding such position in other same or similar businesses or enterprises as that engaged in by CITY and shall maintain instruction area in a clean, safe and orderly manner. 2. Contractor's Status. CONTRACTOR is an independent contractor and is solely responsible for his or her own actions or omissions. CONTRACTOR is not City's employee for any purpose. Any additional personnel performing the services under this Agreement on behalf of CONTRACTOR shall also not be employees of the CITY and shall at all times be under Contractor's direction and control. CONTRACTOR shall pay all wages, salaries and other amounts due such personnel In connection with their performance of this Agreement and as required by law. $. Term. The term of this Agreement shall begin �JNC- °jam, 20L5 and end June 30� 2016 . 4. Collection of Fees. Registration Fees and Material Fees shall be collected by the CITY through set registration procedures implemented by designated CITY staff. The CONTRACTOR is not authorized to collect Registration Fees. The CONTRACTOR is not authorized to collect Material Fees unless such fees have not been collected by the City and are authorized by the City. Following the collection of Registration Fees from registration, the CITY shall confirm the number of participants enrolled. The CONTRACTOR wilt be compensated only for participants who have paid. 5, Compensation. In consideration of the performance of the instruction and/or services provided herein, the CONTRACTOR shall receive 715 % of the participation Registration Fees collected for instruction and/or services identified in Paragraph l above, exclusive of any facility entrance, pool use, fieldlcourt night lights, insurance fees and/or publicity fees where charged. Contractor shall receive 100% of the Materials Fees collected by the City for Gass materials. it is also understood that all taxes andlor other withholdings are the CONTRACTOR'S responsibility. 6. Payment The compensation provided in paragraph 4 shall be paid: X Upon satisfactory completion of instruction andlor services and receipt of an invoice within 30 days by CONTRACTOR submitted to the Community Services Department in the format specified by the Department, net 30 days; or At the following designated intervals: and receipt of an invoice by CONTRACTOR submitted to the Community Services Department in the format specified by the Department, net 30 days. 7. Business License Insurance. and Live can. CONTRACTOR agrees to obtain and follow all business license requirements as required by the CITY's Municipal Code Chapter 5.06, CONTRACTOR agrees to provide a $1 million combined single limit per occurrence for bodily injury and personal injury policy naming the city as additional insured. CONTRACTOR agrees to pay for a Live Scan test to verify their ability to work with minors. The business license, insurance, and Live Scan requirements must be met prior to contract approval, 8. Terms and Conditions. The agreement includes the terms and conditions as printed and set forth on the following page, which terms and conditions are incorporated herein by reference; and the CONTRACTOR, by executing this Agreement, agrees to comply with such terms and conditions. By: CONTRACTOR T"IVII-IALID kl ignature of Contractor ate TI.1-- ire . c� 1. Print/Type Contractor Name & Title (a 07 fl -7,421) �) b Social Security # or Tax identification # )li--)i�, City of Lake Elsinore Business License Number !CITY OF LAKE ELSINORE By: i Si re o or/Date 7 t�{S Signature of Su isorlDate Signature of Facility Supervisor/Date C.CC_ — (.Ym � Tcua.c. Czaot-A Facility Assignment -6190S Bir oad L)r n or--e---CA-. 4) 253 Z p- 21 1. EQUIPMENT AND LABOR: The Contractor shall furnish all tools, equipment, apparatus, supplice and materials unless othenMsa mutually agreed by City. Contractor assumes all Ask of toss, damage or heart to such equipritent or materials arising in connection with this Agreement The Contmdershall perform the services under ihta Agreement In a sklgful and competentmennor and shall abide by all lawsin doting so. SUBCONTRACTORS: In the event a contractor will not be able to leach dam due to illness, etc. the Contractor will Implement the following procedure= e. Contractor will procure a substitute contractor equally or better qualified and acceptable to the City to Instruct class at the prescribed fee and plata. Subcontractors alust meat the criminal background screening and fingerprinting requirements according to Cel Putdo Resourcea Code Section 5184. It. Contractor Witt notify assigned do6gnated staff regarding the sulosthute's name, qualificatjans, address and phone, psymamq for aubcontradors spall be masponsibEGly oftha Contractor. C. 1f a substitute cannot be procured, the class vdh be canceled and a make up class added to the end of the session. The contractor will be responsihie for notifying the students of the cancellation. 3. SUPERVISION. Contractor egress to establish appropriate rules for carducting the class and to assume responsibility for student discipline to ensure adequate protection of students and facility. 4. FACILITY. The City shall be resicnsible for pFmIdIng a sulteble faollity for the conduct of the class, unless otherydse noted under 'Special Anangemeata". Contractor shall pay City for any and all costs Associated with using the facility. Contractor agree%to assume full respomibinly for selling up any (ability far Instruction and for cleaning andler restoring the facility to its usual condition following each class session. S. ACCESS TO FACILITY: City representatives shall at all times have access to facility, whenever class Is fn progress to monitor programs for qualdy. 0. CONDUCT: Condaetor understands that the City is a pubic antity under the laws of the Stele of California, and that the Chys purpose in engaging Contractoris to provide Its resFdems with racroational activities in a manner that rill foster a sense of communily, security, fun and fair play. Contractor agrees to conduct himselrhmersaa In a manner hist Will further thr goals. Contractor further acknowledges. that failure to do so will rostra in Immediate termination o1 this Agreement 7. C00=1NIATION OF WORK: The Contractor sure" to cowrinste with the City specified ima(s) and dato(s) in order to avoid contact of me. it is agreed that the resolution of any conflict is at the sole dlacrodan oilhs City Manager at hisrhorddgnes. Contuactoragrooe to workwith Assigned City, staff to metal accurate enrollment records. 8. RULES: Contractor agrees to obey all rules and regulagu s of the City of Lake Elsinore and any directives and memoranda issued by the Department's Dlrador. Contractor must comply with fingerprinting "WremenG, Puhlic Resources Code, Saurian 5164, prior to commenting work with minors. 9. PU8LICJTY: Contractor shall not advertise, print or publish any promotional materials in connection with the instruction or service to he conducted under this Agreement without the prior yniden approval of the Director of Parks and Recreation or Neiher aulhorized representatfne. 10. HOLO HARMLESS AND INDEMNIFICATION. The Conlractorshall defend, Indemnity, and hold harmless the City, its olitdais, officers, agents. employees and Yclunteers free and hamdeas from any and all claims, damaads, ceases of action, costs, expenses, liability. loss, damage or fnJury. In law or equity 10 property ler persons. including vnangful death, in any manner arising our of our incident to any alleged ads, amlssfons or widkri misconduct of Contractor, its employass, agents, consultants, contractors and volunteers arising out of or in connection with the pedarmerim of the services In this Agreement, Including without imitation the payment of All consequential damages And ultumays fees and other related costs and expense%. Contractor shag pay ant satisfy any Judgment. award or decree that maybe rendered against City or As olidals, officers. empToyeas, agents, or volunteers, in any such suit, action or other legal proceeding, Conlraolnf shell reimburse Chy and Its o ldels, atileers, employees, agents, andler volunteers for any and all legal expenses and costs incurred by each of fbem In connection lherevilth or in onfor6ng the iademnity herein provided, Contractors obGgalfon to IndsmNystraL not be restricted to Insurance proceeds, If any, recolvod by Lha City, Its officials, officers, employees, agents orvolunteem. Such Indemcdfioation shelf cover death or bodfy Injury to any perso ti Injury to, ices, or theft of property, Injury arising fromthe famishing or we of any copyr191rbad or uncopydghtod composition, secrot process, or patented or unpatented invention, or any other type of injury, whether such injury or damage omns on or ort City property. 11. INSURANCE: Contractor understands that certain types of activlges create Additional evpasure of Ask to City. Unless otherwise vrsfved by the OWS Risk Manager, the Contractor Is required to provide cmnmerdal general @ability In the amount of $t trillion combined single limit per occurrence for badly Injury and personal injury for the classes mentioned above ler allowed the City to procure fiablpty insurance for participants out of class registration fees prior to Contractor poicantoge determination, 12. CONTRACTOR NOT OFFICER, EMPLOYEE OR AGENT OF CITY. While engagod in carrying out the farms aid conditions of the agreement, the Contractor Is en independent contractor and not an officer, employee or Went of the Chy. The Contractor has no authority, expross or lmpned, to act on behalf of the City as an agent or representative of the City under Ihts Agreement to bled the City to any obligation. The Conlradar is not eligible far be ren9r from Social Security, state UnernploymentigsurHlice, D'sadaly Insurance or Workman's Compensation insurance- In the event of Injury, the Contractor is responsible for Mother oval medical expenses. 13. ASSUMPTION OF RISK. g Is understood that Contractor Is net covered by Worker's CompenseHon Iraurence. Contractor, tharefare, works at Nsrher own risk. The City shall not be Yahis for any personal Injuries Incurred during the perfamumm of work. Any substitute or auhcantraator for Contractor shell not be a vorunlear and shall not be considered an employee of Contractor, Otharvdsa, Contractor shall be required to provide Workers' Compensation Insurance as roqutred by the Stale of Califamia Employers Uablity Insurance. 14, COLLECTION OF FEES: Thu Caidredor agrees not to accept any fats from students. An rocs shall be paid diredly to the City anti the Contractor shall be paid at the conclusion of tho course by the City. Class fees should lnclude all m iteeals and supply costs. Contactors are not authorized to charge participants additional rens once enrolled in classes. Panicipanle may be required to bring certain supplies and materialstn class. 15. PAYMENT OF FEES; City agnea to pay Contractor ac ording to payment schedule Rated on front of Ilm Agreement. Contractor Is responsible for paymentto any subcontractors. 18. AMERICANS WITH DISABILITIES ACT. Contractor agrees that helshe shall make every attempt to ecsommodale people Wil@ physical Anchor mental dimbiigm. 17. GENERAL COMPLIANCE VM LAWS. Contractor shall comply With ail federal, state. and tam] laws, statutes, rules And regulatlans In any manner affeceog the performance of this Agreement. By Law, Contractor, Contractors employees and any agreed upon substitute personnel ler subcontradoF must cemply with the requ(mmen5 of Cal Pub Resources Code Seetlon 5164 borate engaging in the servloos under this Agreement. Contractor, Contractors employeas and any agreed upon eubsitute personnel of subcontractor hamby agree to a criminal background check as required onder Cel Pub Resources Code Section 5164 by the City's Police Department If Contractor or any of Contractor k employees er agreed upon substitute personnel of subcontractor shell work w€th persons of eighteen (18) years of age or under. Contractor, Contractors employees or any agreed upon substitute personnel or subcontractor must be cleared by City prior to working with persons of elghleen years of age of under. fi the background check for Contractor, Contractor's employees or agreed upon subditula personnel or subcontractor revesls Illegal ler objectionable information or activities, the person tor whom the background check oppile9 shell be prohibited from proyWrig lheserv(ces hereunderand, in Chys sole and absolute discretion, this Agreement may be tenNnabed, In which case Contractor trill be entified to no further compensation under this Agreement. Contractor, Contradoes employees, and any agreed upon suhslitula personnel or subcontractor shall not be permillAd to provide services hereunder for classes µ11h attendees who are eighteen years of age at under unless a criminal background check has been performed and clearance has been received from the Department of Justice. 18. MOD€`=TION. No waiver, modihmtion or termination o1 this Agreement Is valid untess made In writing. 19. NONASSIGNMENT. Coutaulor shah not have any right to assign andler transfer hisrher rights andfor obligations under this Agreement without the pd., salmi consent fthe City. 20. DEFAULT BY CONTRACTOR: Fakire fo comply with any of the terms andlor conditions, of this Agreement shall consulate default by the Contractor. 21. TERMINATION: The agreement my be terrrdnated by the City upon 30 days notice given In writing. Roth padlec Will peHorm in accordance with the agreement pdar to the agatlNe temrnation date. Nothing contained hereln Shag dreinish the right of the Cly to cancel, immediately and wflhoal prior nodce, the egreement for cause without prnaly or liability on the pad of the My. 22. ENTIRE AGREEMENT: This Agreement constitutes the entre agreement between the pante concealing the subject manner hemat and oupersedes at; agreements, repracenlations, stetemants, prom€ses and understandings, whothororel or wrfllen, With respect to the subfecf mannerherear. 23. SPECIAL ARRANGEMENTS: EVANSTON INSURANCE COMPANY CERTIFICATE NO.: - CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM PRODUCER PUBLIC ENTITY (ADDITIONAL INSURED) Alliant Insurance Services, Inc. in conjunction with City of Lake Elsinore Apex Insurance Services P. O. Box 6450 Newport Beach, CA 92658 License No: OC 36861 NAMED INSURED (EVENT HOLDER): EVENT INFORMATION: Maria J Delone TYPE: Early Learners 31.905 Birchwood Drive DATE(S): 9/2/15-12/31/15 Lake Elsinore, CA 92532 LOCATION: City of Lake Elsinore *Liquor Liability Yes ❑ No **Liquor Liability after 12 am ends before 2 am ❑ This is to certify that the insurance policy listed below has been issued to the above insured named (event holder) for the policy period indicated. The insurance described herein is subject to all the terms, exclusions and conditions of such policy(ies) unless amended as described in Special Conditions. INSURANCE CARRIER: Evanston Insurance Company MASTER POLICY NUMBER: SEP41017 MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2015 EXPIRATION: JANUARY 1, 2016 COMMERCIAL GENERAL LIABILITY OCCURRENCE FORM DEDUCTIBLE: NONE General Aggregate Limit $ 2,000,000 Products & Completed Operations 1,000,000 SPECIAL CONDITIONS: Personal & Advertising Injury 1,000,000 The following endorsements attached to Each Occurrence Limit 1,000,000 the Master Policy do not apply to this Damage To Premises Rented To You (Any One Premises) 100,000 Certificate Of Insurance: Medical Payments (Any One Person) 5,000 MEGLI643 Liquor Liability (If purchased) 1,000,000 Optional Limits Purchased ❑ $1,000,000/$3,000,000 ❑ $2,000,000/$2,000,000 Damage To Property (If purchased) The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been issued for that event. OTHER ADDITIONAL INSUREDS CANCELLATION: Should the above described policy be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy revisions. AUTHORIZED 1 DATE ISSUED: CITY OF LAKE EL5 INORE CC- (a P INDEPENDENT CONTRACTOR AGREEMENT FORINSTRUCTORS THIS INDEPENQfNT CONTRACTOR AGREEMENT FOR INSTRUCTORS ("Agreemenf) is made and entered into on vLL L, 20_LL by and between the City of Lake Elsinore, hereinafter called the "CITY", and 15G t A.-tti hereinafter called the "CONTRACTOR." The parties do hereby contract and agree as follows: 1. Pur ose. The CITY hereby engages CONTRACTOR for purposes of providing instruction in skillful and competent manner, and shall abide by all laws in doing so. CONTRACTOR shall perform such other duties as are customarily performed by one holding such position in other same or similar businesses or enterprises as that engaged in by CITY and shall maintain instruction area in a clean, safe and orderly manner. 2. Contractoes Status. CONTRACTOR is an independent contractor and is solely responsible for his or her own actions or omissions. CONTRACTOR is not City's employee for any purpose. Any additional personnel performing the services under this Agreement on behalf of CONTRACTOR shall also not be employees of the CITY and shall at all times be under Contractor's direction and control. CONTRACTOR shall pay all wages, salaries and other amounts due such personnel in connection with their performance of this Agreement and as required by law. 3. Term. The term of this Agreement shall begin arxe LzI, 20_[f and end June _20, 2016 . 4. Collection of Fees. Registration Fees and Material Fees shall be collected by the CITY through set registration procedures implemented by designated CITY staff. The CONTRACTOR is not authorized to collect Registration Fees. The CONTRACTOR is not authorized to collect Material Fees unless such fees have not been collected by the City and are authorized by the City. Following the collection of Registration Fees from registration, the CITY shall confirm the number of participants enrolled. The CONTRACTOR will be compensated only for participants who have paid. 5. Compensation. In Consideration of the performance of the instruction andlor services provided herein, the CONTRACTOR shall receive 75_% of the participation Registration Fees collected for instruction and/or services identified in Paragraph 1 above, exclusive of any facility entrance, pool use, field/court night lights, insurance fees and/or publicity fees where charged. Contractor shall receive 100%u of the Materials Fees collected by the City for class materials. It is also understood that all taxes and/or other withholdings are the CONTRACTOR'S responsibility. 6. Payment The compensation provided in paragraph 4 shall be paid: X Upon satisfactory completion of instruction and/or services and receipt of an invoice within 30 days by CONTRACTOR submitted to the Community Services Department in the format specified by the Department, net 30 days; or At the following designated intervals: and receipt of an invoice by CONTRACTOR submitted to the Community Services Department in the format specified by the Department, net 30 days. 7. Business License, Insurance. and Live Scan. CONTRACTOR agrees to obtain and follow all business license requirements as required by the CITY's Municipal Code Chapter 5.08. CONTRACTOR agrees to t` provide a $1 million combined single limit per occurrence for bodily injury and personal injury policy naming the city as additional insured. CONTRACTOR agrees to pay for a Live Scan test to verify their ability to work with minors. The business license, insurance, and Live Scan requirements must be met prior to contract approval. 8. Terms and Conditions. The agreement includes the terms and conditions as printed and set forth on the following page, which terms and conditions are incorporated herein by reference; and the CONTRACTOR, by executing this Agreement, agrees to oom ply with such terms and conditions.. CONTRACTOR By:/"lGC 11J� 1"i By: —Signa re of Con ctorlDate rintffype Contractor Na e & Title C Social Security # or Tax Identification # City of Lake Elsinore Business License Number {� Address: ]� S� Phone: V — cl 91 LAKE ELSIN RE { ImNO Signature of Facility Supervisor/Date ('yt-4 4 s—' w-oc. f2ot4A Facility Assignment 1. EQUIPMENT AND LABOR: The Contractor slhall famish ell tools, equipment, apparatus, supplies and materials unless othemrtse mutually agreed by City. Contractor assumes ell risk of loss, damage or harm to such equtpmant or materials arising In connection with gas Agreement. The Conliedorshan perform the services under this Agreement In a sidllfut end competentrannor and shall abide by all Iewaloduing so. SUBCONTRACTORS: in the avant a contractor will not be ab!e to teach class due In illness, etc. the Contractor vall Implement the fallowing procedure: a, Contractor will procure a substitute conhartor equally or better qualified and acceptatrle to the City to instruct class at the prescdbed time and place. Suhcentra tors must meet (he cOminal background screening and fingerpdnting requirements according to Cal Pubic Resources, Code Section 5164. b. Contractor will notify assigned dealgnaled stall regarding the suhsutufe's name, qusificafinns, address and phone. Payment for subcontractors shall he rauponsitl2ry ofthe Contractor. c. If a substitute cannot be procured, the Gass will be canceled and a make up close added to the end of the session. Thu contractor will to responsible for noUrylag the student-, of the cancetiolon, 3. SUPERVISION: Conlmctor agrees to astatrish appropriate Nies for conducting the class and to assume responsibility for student disdpine to ensure adequate protection at students and facility. 4. FACILITY. The City shall be responsible for providing a suitable facility for the conduct of the c€ass, unless otherwise noted under 'Special Arrangemenffi'. Contractor shall pay City for any 834 all costs associated with using the fecifriy. Contractor agrees to assume full responsitifily for setting up any faddy for Instruction and for cleating andlor metering the facility to Its Innis) condbon tuflowing each class session. 5. ACCESS TO FACILITY: City reprasenta jaes shall at all times have access to facility, whonewor class Is In progress to monitor program farquaily. 6. CONDUCT: Contractor understands that the City is a pudic entity under the laws of the Siete of California, and that the Citys purpose In engaging Contractor is to prohdo lie reefdents with recrealfonal acdvibes in a manner that will feature sense of communhy, security, fun and fair play. Contractor agrees to conduct Mmself1hersuff In a manner that will fumear these goals. Contractor further acknowledges that failure 10 do so win result In Immediate termination of this Agreement, 7. COORDINATION OF WORK The Contractor agrees to cooreinam xlnh the City spod5ed time(s) end date(s) in order to avoid conflict of use. It Is agreed that the resoiubon of any conflict Is at the sole discretion of the City Manager or his/her designee. Contractor agrees to work rhth assigned City stento maintain aavrale enrobnent records. a. RULES: Contractor agrees to obey all rules and regulations of the City of Lake Elefnure and any direedves and memoranda issued by the Department's Director. Contractor must comply with tingerpdnhng requirements, Pubic Resources Cade, Section 5184, Pdar to commencing work with adnors. 9. PUBLICITY: Contractor shalt not advertise, print or publish any Promotional rtraledais in rannedion with the instruction or SeMce to be conducted order this Agreement without the prior written approvof of the Director of Parks and Recreation orNsihar authorized representeWs. in. HOLO HARMLESS AND INDEMNIFICATION. The Contractorshai defend, Indemnify, and hold harmless the Gty, Its omelets, officers, agents. employees and volunteer free and harness from any and atl claims, demands, causes of action, table, expanses. liability. loss, demage of Injury, in law or equity to property or persons, Including norg I death, In any manner arising our of our Incident to any alleged ads, omissions or willful misconduct of Contractor, its employees, agents, consullaaN, CenhaCIOM and volunteer, arising out of or In connection with the perfurmanw of the sunicos In this Agreement, Including without irritation the payment of afi consequential damages antl anomuys' fees end other related costs and expenses. Contractor shag pay amid satisfy my judgment oward or dactee that maybe rendered against City or its otfldals, officers, employees, agents, or volunteer, In any such sial, action or other legal proceeding. Conkrdor Shall reimburse City and Its officials, officers, amptoyeas, noente, and/or volunteers for any and all legal oxpomes and costs incuned by each of them in connection therewith or In enforcing the Indemnity herein provided, Contractor's obligation to Indemnify shag not be restricted to Insurance proceeds, It any, received by the City, its officials, officers, empioyem, agents or vatunmers. Such Indamnihoadon shall cover death or bodily Injury to any person; Injury to, loss, or theft of property, Injury arising from the rumfsNrg or use at any copyoghted or unceplrtioW compoalton, secret pk0cess, or patented or uppatemled invention, or any other type of Injury, Whather such injury or damage occurs on or off City property. 11. INSURANCE: Contractor underalands that certain types of activltles create additional exposure of risk to City. Unless othenwse walvad by the Cify's Risk Manager, the Contractor Is required fo provide cammerdal general Nobility In the amount of $1 million combined single emit per occurrence for badly injury and personal Injury for the classes mentioned above or allowed the Cay to procure fabtiuy hmsumnco for partldpartts out of class regabelion foes Warta Contractor percentagedafu"natlon. 12. CONTRACTOR NOT OFFICER, EMPLOYEE OR AGENT OF CITY. While engaged in ranylno out No tears and conditions of the agreement, the Contractor Is an Independent contractor and not an officer, employee or agent of the City. The Contractor has no authority, express or Implied, to act on bahel(of the City as on agent or repreeentabve oftha City undorals Agreement to biker the City to any Obligation. The Contractor is not eligible for benefits from Soda$ Security, Stale Unemployment Insurance, D'ssb lKy Insurance or Workman's ComperemHon Insurance. In the event of Injury, the Contractor Is responsible for hisjher own medical expenses. 13. ASSUMPTION OF RtSI(. It is understood that Cenhaclor is not covered by Workers Compunsotion Insurance. Contractor, Ihnmfine, works at Nslher awn risk. The City shell not be gable for any personal Injuries incurred during the performance of work. Any substitute ar subcontractor for Contractor shall not be a volunteer and shall not be considered an ampieyee of Contractor. Olhorv4se, Contractor shall be required to provide Workers Compsnaatlan Insurance as required by the State of California Emptuyera Uobiity insurance. 14. COLLECTION OF FEES: The Contractor agrees not to accept any fees from students. All fees shall be paid direcby to the City and the Contractor shad be paid at 11a conclusion of the course by the Cilli. Class roes should Include all materials and supply Coals. Contractors are not authorized to charge participants ce addidonal fees onenrolled In classes. Participants may be required to bring certain supplies and mategals to class. 15. PAYMENT OF FEES: City agrees to pay Contractor according to payment schedule Asled an from of this A9r6ement. Contractor Is responsible for payment teeny subconlractors. ia. AMERICANS WITH DISA13ILMES ACT. Contractor agrees that hafshe shall make every attempt to accommodate people with physical and/or mentaldaabilnes_ 17. GENERAL COMPLIANCE WITH LAWS. Contractor shall Comply with all federal, stale, and local Sews, slstutes, ries and regulations in any manner affecting the performance of this Agmemard. By Lew, Contractor, Contractors employees and any agreed upon substitute personnel Of subcontractor must comply with the requirements of Cel Pub Resources Code Section 5164 before ergeging In the services under this Agreement. Contractor, Cunlradofs emptayaes and any agreed upun suW'U'1e personrsl or subcanlrardor hereby agree to a Criminal backgmurd check as required welof Cel Pub Resources Code Section 5164 by the City's Police Department if Contractor or any of Contractor 'a amployaos or agreed upon substthde personnel or subcommomT shall work with persons of eighteen (18) years of age or under. Contractor, Contractors omployeas orany agreed upon subsi lute personnel or subcontractor must bo cleared by City War to working with Parsons of eighteen years of age of under, if the badgmund check for Conlracor, Contraclor's employees or agreed upon subeatate personnel or Subcontractor —Oak illegal or objedionable Infomnadon or ac8vides, the person to whom the background check apples shell Is proNblfed from paviding the services hereunder and, in ohyssala and absolute discrodw. this Agraarnam may be tamninetod, In which moue Contrdor will be entjged to no further compensation under this Agreement. Contractor, C0n118Ne1`a employees, and any agreed upon substitute personnel or subcunsador shall not be pernthed to provide services hereunder for classes with attendees who are eighteen years or age or under unless a Or n incl background check has been performed and clearance has been received from the Department of.iusdce. 113. MODIFICATION. No waiver, modiritahon or lenninabon of We Agreement Is valid hides made In writing. 19. NomA9SIGNMENT. Contractor shag not have any right to aaslgn and/or transfer hWhw $Ohla and/or obligations under this Agreement without the pdor written —Out of Iha Gty. 20. DEFAULT BY CONTRACTOR: Failure to comply whin any of the terms and1cr conditions of this Agreement ahaU conathae default by the Contractor. 21. TERMINATION: The agreement may be laminated by the City upon 30 days notice given In writing. Both parties vkn perform in accordance with the agreement prior to tiro effective tenrinallon date. Wihinq contained herein shall dint ish the right Of the City to mnc4 Immediately and without prior notice, the agreement for cause without penalty or lablity on the part of the City. 22. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the pales concaming the subject manner hemot and supersedes elf agmamenls, reprosentafons, statements, promises and understandings, whether and or written, with respect to the,ubject manner hereof. 23. SPECIAL ARRANGEMENTS: BUSINESS LICENSE CITY OF LAKE ELSINORE This business license is issued for revenue purposes only and does not grant authorization Administrative Services - Licensing 1 operate a business. This business license is issued without verification that the holder is 134 South Main Street, Lake Elsinore, CA 92534 ibject to or exempted from licensing by the state, county, federal government, or any PH (951) 6743124 tether governmental agency. Business Name: EARLY LEARNERS i Business Location: 31905 BIRCHWOOD DR LAKE ELSINORE, CA 92532 Owner Name(s): MARIA JAZMINE DELONE }' STEPHANIE SANGES �I I; EARLYLEARNERS 31905 BIRCHWOOD DR LAKE ELSINORE, CA 92532 II i TO BE POSTED IN A CONSPICUOUS PLACE BUSINESS LICENSE NO. 017288 Business Type: CLASS INSTRUCTOR Issue Date: 7/1/2015 Expiration Date: 6/30/2016 THIS IS YOUR LICENSE * NOT TRANSFERABLE EVANSTON INSURANCE COMPANY CERTIFICATE NO.: - CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM PRODUCER PUBLIC ENTITY (ADDITIONAL INSURED) Alliant Insurance Services, Inc. in conjunction with City of Lake Elsinore Apex Insurance Services P. O. Box 6450 Newport Beach, CA 92658 License No: OC 36861 NAMED INSURED (EVENT HOLDER): EVENT INFORMATION: Maria J Delone TYPE: Ballet 31905 Birchwood Drive DATE(S): 1/20/2016 —12/31/2016 Lake Elsinore, CA 92532 LOCATION: City of Lake Elsinore *Liquor Liability Yes ❑ No "Liquor Liability after 12 am ends before 2 am ❑ This is to certify that the insurance policy listed below has been issued to the above insured named (event holder) for the policy period indicated. The insurance described herein is subject to all the terms, exclusions and conditions of such policy(ies) unless amended as described in Special Conditions. INSURANCE CARRIER: Evanston Insurance Company MASTER POLICY NUMBER: SEP41020 MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2016 EXPIRATION: JANUARY 1, 2017 COMMERCIAL GENERAL LIABILITY OCCURRENCE FORM DEDUCTIBLE: NONE General Aggregate Limit $ 2,000,000 Products & Completed Operations 1,000,000 SPECIAL CONDITIONS: Personal & Advertising injury 1,000,000 The following endorsements attached to Each Occurrence Limit 1,000,000 the Master Policy do not apply to this Damage To Premises Rented To You (Any One Promises) 100,000 Certificate Of Insurance: Medical Payments (Any One Person) 5,000 Liquor Liability (If purchased) 1,000,000 Optional Limits Purchased 0 $1,000,00063,000,000 ❑ $2,000,00032,000,000 Damage To Property (If purchased) The limits of insurance apply separately to each event insured by this policy as ifa separate policy of insurance has been issued for that event. OTHER ADDITIONAL INSUREDS CANCELLATION: Should the above described policy be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. AUTHORIZED REPRESENTATIVE: DATE ISSUED: 1/20/2016 EVANSTON INSURANCE COMPANY CERTIFICATE NO.: - CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM PRODUCER PUBLIC ENTITY (ADDITIONAL INSURED) Alliant Insurance Services, Inc. in conjunction with City of Lake Elsinore Apex Insurance Services P. O. Box 6450 Newport Beach, CA 92658 License No: OC 36861 NAMED INSURED (EVENT HOLDER): EVENT INFORMATION: Marra 3 Delone TYPE: Early Learners 31905 Birchwood Drive DATE(S): 1/20/2016-12/31/2016 Lake Elsinore, CA 92532 LOCATION: City of Lake Elsinore *Liquor Liability Yes ❑ No "Liquor Lia ility after 12 am ends before 2 am ❑ This is to certify that the insurance policy listed below has been issued to the above insured named (event holder) for the policy period indicated. The insurance described herein is subject to all the terms, exclusions and conditions of such policy(ies) unless amended as described in Special Conditions. INSURANCE CARRIER: Evanston Insurance Company MASTER POLICY NUMBER: SEP41020 MASTER POLICY DATES: EFFECTIVE: JANUARY I, 2016 EXPIRATION: JANUARY 1, 2017 COMMERCIAL GENERAL LIABILITY OCCURRENCE FORM DEDUCTIBLE: NONE General Aggregate Limit $ 2,000,000 Products & Completed Operations 1,000,000 SPECIAL CONDITIONS: Personal & Advertising Injury 1,000,000 The following endorsements attached to Each Occurrence Limit 1,000,000 the Master Policy do not apply to this Damage To Premises Rented To You (Any One Premises) 100,000 Certificate Of insurance: Medical Payments (Any One Person) 5,000 Liquor Liability (If purchased) 1,000,000 Optional Limits Purchased ❑ $1,000,0001$3,000,000 ❑ $2,000,0001$2,000,000 Damage To Property (If purchased) The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been issued for that event. OTHER ADDITIONAL INSUREDS CANCELLATION: Should the above described policy be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy revisions. AUTHORIZED REPRESENTATIVE: DATE ISSUED: 1/20/2016