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HomeMy WebLinkAboutMIraCosta Community College District; 2020-01-31;AGREEMENT FOR ENGLISH AS A SECOND LANGUAGE INSTRUCTIONAL SERVICES MIRACOSTA COMMUNITY COLLEGE DISTRICT THIS AGREEMENT is made and entered into as of the ~ \ ~ day of "::)gµ\..y,..~ ~' , 2020, by and between the CITY OF CARLSBAD, a municipal corporation, ("Ci), and MiraCosta Community College District, a California public community college, ("Contractor") (collectively, the "Parties"). RECITALS A. City requires the professional services of a Contractor that is experienced in providing English as a Second Language instructional services. B. City recognizes the value of the Contractor providing English as a Second Language ("ESL") classes to address English listening, speaking, reading and writing with a focus on conversational skills, pronunciation, grammar, and digital literacy. C. The California Library Services Act, within the California Code of Regulations, promotes the ideal that "information services of public libraries be provided free of charge." In support of that statement, the City and its Library considers only those events contracted to Contractor that are free and open for enrollment to the public to be partnership programs and as such, the City will support these programs through the complimentary use of approved City facilities, the contribution of staff resources to reserve class room space, assistance with class room set up and take down for each session. D. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of two years from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be zero dollars ($0). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. City Attorney Approved Version 6/12/18 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Heather Pizzuto Title Director For Contractor Name (T ~~e 5: /'() f -~ • Title J:11fe.,-,,rn {.),l'ecfo!' "f ftt1ch~S11'1~ Department Library & Cultural Arts Address / 6a I' 11a,1p/ /Jri✓e City of Carlsbad Address 1775 Dove Lane Phone No. 7/ta -7f5;-_ ft; 7 9 3 Carlsbad, CA 92011 Email f5fro ,'~ece,_mt'l'acos~ .t"d« Phone No. 760-602-2011 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 8. CONFLICT OF INTEREST City Attorney Approved Version 6/12/18 2 Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. YesD No ■ 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 10. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 11. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 12. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 13. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 14. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. City Attorney Approved Version 6/12/18 3 15. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California . &J)lfJ) £ la) I KHER PIZZurcY~ Library & Cultural Arts Director Si l'O , }C1. . T11te I', ·m iJ itedo r- (print name/title) of fl ff ,cJ,c; s /rr<;r By: (sign here) (print name/title) LJ_ ~lJ~ BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Chairman, President, or Vice-President Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA AM, cr:orney By: ____________ _ Assistant City Attorney City Attorney Approved Version 6/12/18 4 EXHIBIT "A" SCOPE OF SERVICES Contractor shall deliver English Second Language ("ESL") classes to address English listening, speaking, reading and writing with a focus on conversational skills, pronunciation, grammar and digital literacy. The curriculum shall support the learning needs of beginning as well as intermediate level students. Contractor's services may include: • Setting program expectations (e.g. learner goals, attendance requirements) • Establishing administrative structure to include: identification of assessment tools, selection of teaching materials, recommendation on effective use of technology, development of basic documents for program management such as registration forms, schedules, attendance records, etc., and identification of evaluation tools to measure outcomes • Providing marketing/outreach consistent with the communications plan for Library & Cultural Arts programs and services • Delivering classes: providing quality instruction, effective class management, evaluation and record keeping • Sustaining and growing the program by identifying and remediating learners' barriers, meeting predetermined milestones, documenting results and making recommendations for future improvements City and Contractor's Responsibilities • Location for ESL instruction: Carlsbad City Library Literacy Learning Center, 3368 Eureka Place, Carlsbad, CA 92008 • Contractor shall use the Carlsbad City Library Learning Center for holding tuition-free noncredit ESL classes in its Continuing Education program. • Contractor will offer these services at NO COST to the City of Carlsbad and will NOT charge any fees for its services. Therefore, contractor will be compensated by the City of Carlsbad at the rate of $0.00 for services performed. • The City recognizes that Contractor is well recognized for its value to local patrons, and in attracting patrons from the nearby area for ESL instruction. • The City and Contractor recognize that MiraCosta Community College District is a Contractor of the City of Carlsbad Library for purposes of the ESL classes, and the City will provide a Library Learning Center facility class room for use at no charge, including janitorial services and utilities. Requests to use additional class rooms or library technology will be granted based on availability and cannot be guaranteed. • Contractor instructors and aides will be granted access to the facility during regular business hours. Class times will be set to allow instructors to prepare for class during open hours. • The City shall continue to be responsible for placement and maintenance of all furniture and fixtures in the Library Learning Center facility for the class sessions. City Attorney Approved Version 6/12/18 5 • The Contractor shall leave all facilities in a clean and orderly condition after each class room session and shall be responsible for any breakage or repairs. Deliverables: All class information deliverables shall be coordinated and provided in advance of the class start date to the City's Principal Librarian Sheila Crosby or designee, 30 days in advance of class start date. To include: • Class name and description • Maximum number of participants allowed • Class parameters e.g. number of classes per week for total number of weeks • School term and class start and end dates City Attorney Approved Version 6/12/18 6 ~uenu,:: 1..::,1411 .SU.SMIKA~~UM ACORD,,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MII/DDIYYYY) 6/12/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BElWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDmONAL INSURED, the pollcy(les) must have ADDmONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer any rights to the certificate holder In lieu of such endorsement(s). PRODUCER ~~IJl:f"' Sharon Robbins McGriff Insurance Services JllgN:C, Extl: 619 525-2836 Ir~. Nol: 888 328-1310 750 B Street SuHe 2400 1~, srobblns@mcgrlfflnsurance.com San Diego, CA 92101 INSURERIS) AFFORDING COVERAGE NAICII 619 231-1010 INSURER A : Ban Diogo County Schoola Rlak INSURED INSURERB: l'onnlulwllyllelf-lnour'od San Diego County Schools/JPA INSURERC: MlraCosta Comm College District INSURERD: One Barnard Drive, Mall Station 6 INSURERE: Oceanside, CA 92056 INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~ TYPE OF INSURANCE ~J>J-!\I!! POLICY NUMBER 11.mhf~ 11:sM~ LIMITS A ~ COMMERCIAL GENERAL LIABILITY SDJPA070119 ~7/01/2019 07/01/202~ EACH OCCURRENCE s5 000.000 D CLAIMS-MADE ~ OCCUR ~~H?~nence1 slncluded I--~ $1,000,000 SIR MED EXP {Anyone plllSOII} slncluded ~ Professional Llab Incl EPU-PERSONAL & ADV INJURY slncluded GEN1. AGGREGATE LIMIT APPLIES PER: Wrongful Acts GENERAL AGGREGATE s8,000.000 ~POLICY □ 1& □ LOC PRODUCTS· COMP/OP AGG s8,000.000 OTHER: $ A AUTOMOBILE LIABILITY SDJPA070119 ~7/01/2019 07/01/202~ I fJi~=~if1NGLE LIMIT I sS,000,000 ~ ~ /WYAUTO BODILY INJURY (Per pen;on) $ ~ OWNED SCHEDULED BODILY INJURY {Per accident) $ AUTOS ONLY AUTOS I--HIRED I--NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY I IPer acddentl $ ,_ ~ X S1,000,000SIR $ UMBRELLA UAB HOCCUR EACH OCCURRENCE $ L-- EXCESSUAB CLAIMS-MADE AGGREGATE s OED I I RETENTION s s 8 WORKERS COMPENSATION JPA MEMORANDUM ~7/01/2019 07/01/202( X l~fTflTC I ll?JH· AND EMPLOYERS LIABILITY y f N OF COVERAGE s1.000.000 /WY PROPRIETOR/PARTNERIEXECUTIVE~ E.L. EACH ACCIDENT OFFICERIMEMBER EXCLUDED? N NIA (Manclalory In NH) 60DAYNOC E.L. DISEASE• EA EMPLOYEE s1.000.000 II m describe under D SCRIPTION OF OPERATIONS below $100.000 SIR E.L. DISEASE • POLICY LIMIT s1.000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remulul Scheclule, may be attached If more space I■ required) Certificate Is subject to policy llmlts, conditions and exclusions. Polley A placed by Safety National Casualty Corporation reinsurance program over Named Insureds MOC approved Self-Insurance Program. 90 Day NOC/10 Days for Non Pay. Improper Sexual Conduct Included pol "A Re: Use of premises. The City of Carlsbad, Its officers and employees are additional Insured (GL) as their Interests may appear per attached form. Claims for Injuries flied by athletic participants are not excluded. CERTIFICATE HOLDER CANCELLATION City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1200 Carlsbad VIiiage Drive ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad, CA 92008-0000 AUTHORIZED REPRESENTATlVE I -"W/41w,.. ~ ,~,"ll&-- © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) ____ 1 of 1 The ACORD name and logo are registered marks of ACORD SAN DIEGO COUNTY SCHOOLS RISK MANAGEMENT JOINT POWERS AUTHORITY (SDJPAJ Additional Insured Endorsement WHO IS A COVERED MEMBER (Per section 11 item 3 of the MOC -Memorandum of Coverage) Any person{s}, entity{ies}, or organization{s} you are required by a covered member contract to include as an additional insured solely with respect to bodily injury and property damage and arising out of: a. Premises leased, used or occupied by you; b. Automobiles leased or rented by you; c. Equipment owned, leased or rented by you; d. Mortgagees and Loss Payees of a Covered Member; or e. Property owners and property managers of property owned, leased, rented or occupied by you However, the additional insured status and coverage does not apply to: { 1} Any occurrence which takes place prior to or after you cease to occupy the premises as stated in the covered contract; {2} Any structural alteration, new construction or demolition operations perfonned by or on behalf of the additional insured; {3} Any wrongful act, employment practices wrongful act or employee benefit wrongful act. This coverage will be further limited to the extent and Limits of Liability required by the covered member contract and will not increase the limits stated in SECTION 111-LIMIT(S) OF COVERAGE nor alter any of the terms of coverage stated in this MOC. The covered member contract must be effective and executed prior to a covered occurrence. San Diego County Schools Risk Management Joint Powers Authority. #SDJPA070119 July 1, 2019 to July 1, 2020 MOC Effective 7 .1.19 \.Henu,:: l,1.:Jf4{ I _,U.,MIKA\,\,UM ACORD ... CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 6/12/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BElWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollcles may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder In Heu of such endorsement(s). PRODUCER ~• Sharon Robbins McGrlff Insurance Services i:tJgNrfo Extl: 619 525-2836 I f.vc Not: 888 328-1310 750 B Street Suite 2400 ~~~ss, srobblns@mcgrlffinsurance.com San Diego, CA 92101 INSURER(&) AFFORDING COVERAGE NAIC# 619 231-1010 INSURER A: San Diogo Count, ._lo R1ok INSURED INSURER B: PormloalvolJSeCl-bind San Diego County Schools/JPA INSURERC: MiraCosta Comm College District INSURERD: One Barnard Drive, Mall Station 6 INSURERE: Oceanside, CA 92056 INSURERF: -COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE = -B~ POLICY NUMBER 11:BM~ 11:BM~ LIMITS LTR WVD A ~ COMMERCIAL GENERAL UABIUTY SDJPA070119 !07/01/2019 07/01/202( EACH OCCURRENCE $5.000 000 D CLAIMs-MAOE [!I OCCUR ~~M~.l?mce, $Included I-- ~ $1,000,000 SIR MED EXP (Any one personl $Included ~ Professional Uab Incl EPU-PERSONAL & NJV INJURY $Included GEN'L AGGREGATE LIMIT APPLIES PER: Wrongful Acts GENERAL AGGREGATE $8.000000 ~ □PR~ □LOC PRODUCTS· COMP/OP AGG $8,000,000 POLICY JECT OTHER: $ A AUTOMOBILE UABIUTY SDJPA070119 ~7/01/2019 07/01/2021 I ~=~1f1NGLE LIMIT I s5,000,000 ,..._ ~ AJ«AUTO BODILY INJURY (Per person) $ ~oiPoNLY ~ SCHEDULED BODILY INJURY (Per acddanl) $ ,__ ,__ AUTOS ~ HIRED ~ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY I IPer accidenll XIS1,000,000SIR $ UMBRELLA LIAS HOCCUR EACH OCCURRENCE $ ....... EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED l I RETENTION$ $ B WORKERS COMPENSATION JPA MEMORANDUM ~7/01/2019 07/01/202( X l~fnrre I ll?JH· AND EMPLOYERS' LIABILITY y / N Al« PROPRIETOR/PARTNER/EXECUTIVE~ N/A OF COVERAGE E.L. EACH ACCIDENT s1.000 000 OFFICER/MEMBER EXCLUDED? N (Mandalafy In NH) 60DAYNOC E.L. DISEASE • EA EMPLOYEE $1.000 000 If~ deaaibe under D RIPTION OF OPERATIONS below $100,000 SIR E.L. DISEASE• POLICY LIMIT $1.000 000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101. Additional RalllaJks Schedule, may be attached If mora apace Is required) Certificate Is subject to policy limits, conditions and exclusions. Policy A placed by Safety National Casualty Corporation reinsurance program over Named Insureds MOC approved Self-Insurance Program. 90 Day NOC/10 Days for Non Pay. Improper Sexual Conduct Included pol "A Re: Lease for 2075 Las Palmas Drive, Carlsbad, CA 92011 effective 7/17/14. Certificate holder Is additional Insured (general liability policy) per attached form. CERTIFICATE HOLDER CANCELLATION City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Joe Garuba, Municipal Property Mgr. ACCORDANCE WITH THE POLICY PROVISIONS. 405 Oak Avenue Carlsbad, CA 92008-0000 AUTHORIZED REPRESENTATIVE I --'W}a,,d,.o... ~ 5r-4"1l&---- © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) ____ 1 of 1 The ACORD name and logo are registered marks of ACORD SAN DIEGO COUNTY SCHOOLS RISK MANAGEMENT JO/NT POWERS AIITHORDY (SOJPA) Additional Insured Endorsement WHO IS A COVERED MEMBER (Per section 11 item 3 of the MOC -Memorandum of Coverage) Any person(s), entity(ies), or organization(s) you are required by a covered member contract to include as an additional insured solely with respect to bodily injury and property damage and arising out of: a. Premises leased, used or occupied by you; b. Automobiles leased or rented by you; c. Equipment owned, leased or rented by you; d. Mortgagees and Loss Payees of a Covered Member; or e. Property owners and property managers of property owned, leased, rented or occupied by you However, the additional Insured status and coverage does not apply to: (1) Any occurrence which takes place prior to or after you cease to occupy the premises as stated in the covered contract; (2) Any structural alteration, new construction or demolition operations performed by or on behalf of the additional insured; (3) Any wrongful act, employment practices wrongful act or employee benefit wrongful act. This coverage will be further limited to the extent and Limits of Liability required by the covered member contract and will not increase the limits stated in SECTION 111-LIMIT(S) OF COVERAGE nor alter any of the terms of coverage stated in this MOC. The covered member contract must be effective and executed prior to a covered occurrence. San Diego County Schools Risk Management Joint Powers Authority. #SDJPA070119 July 1, 2019 to July 1, 2020 MOC Effective 7.1.19