When relationships or conditions continue, what happens when a contract only covers a one-time action between the parties? A Master Services Agreement can streamline subsequent agreements and shorten the…continue reading
Of course, the general and most common role of a teacher is to teach and give knowledge to students. Teaching involves a curriculum that a teacher must follow till the end of term or year so as to give students required knowledge. Creating an Instructor Agreement is one way of securing a professional who will be of help to future professionals.
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What is an Instructor Agreement?
Instructor agreement is when a teacher agrees to conduct the class with the minimum number of participants. Instructors will set a maximum participant number based on what they deem appropriate and facility capacity. Instructor may have the option of conducting said class with less than the minimum number of students. Instructor is required to hold the first class meeting regardless of the number of pre-registrations; determination on class cancellation will be made after the first-class meeting.
What Are The Terms of Agreement?
What Are the Required Documents For the Instructor?
- Insurance: For activities categorized medium risk or higher, $1,000,000 liability insurance is required. A Certificate of Insurance and an endorsement to your policy, naming the City of Menifee as additionally insured, is needed prior to your first-class meeting or your class will be cancelled. Instructor shall indemnify, defend and hold City and its officers, officials, employees, agents and volunteers harmless from and against any and all liability (direct or indirect) including any and all costs and expenses in connection herein, claims, suits, actions, damages and causes of action arising out of the work of the Instructor, including, but not limited to, any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state or municipal law or ordinance, or other cause in connection with the negligent or intentional acts or omissions of Instructor, its employees, sub-contractors, or agents, or on account of the performance or character of this work, except for any such claim arising solely out of the active negligence, sole negligence, or willful misconduct of the City, its officers, employees, agents or volunteers, in performing the work set forth in this Agreement.
- License: The Instructor shall obtain a Business License prior to the commencement of work and any other license(s) or certifications that may be required, as applicable.
- Instructor shall have received any and all permission or license(s) as may be required to perform or use any protected materials in its use of the Premises. Instructor agrees to protect and save harmless the City, its elected officials, employees and agents from and against any and all claims, penalties, and/or damages which may accrue as a result of Instructor’s failure to comply with this requirement.
What Are The Responsibilities of An Instructor?
Instructor shall conduct said class as indicated on the Class Proposal Request, incorporated herein by reference Attachment “A”. Any deviation from said proposal must be approved by the Community Services Department prior to class initiation and with proper notification (minimum 10 business days).
In compliance with Public Resource Code, the following is required for all substitute and additional instructors:
a. In the event and to the extent the Instructor and/or his/her employees shall have supervisory or disciplinary authority over any minor or as part of the services to be performed hereunder, the Instructor is required to ensure that he/she and all of his/her employees comply with Public Resources Code, they must undergo a criminal background check before being retained or hired by the City.
b. Evidence of compliance shall be presented to the City, before this contract is signed by the City, for the Instructor and all current employees as listed in an attachment. Additionally, evidence of compliance under this subparagraph shall be presented to the City during the contract term for each new employee of the Instructor, before said new employee commences performing under this agreement.
c. “Evidence of Compliance” under terms of this paragraph means that the result of the criminal background search method listed below reveals no convictions for the offenses listed in the Public Resources Code. The Instructor shall present to the City each person to be checked, who shall submit to fingerprinting pursuant to the Penal Code. The Instructor, its employees, agents, consultants, contractors and volunteers must comply with fingerprinting requirements, Public Resources Code, by presenting proof of Live Scan to the City, prior to commencing work with minors. Based upon said information, the City shall conduct a criminal background investigation of the Instructor or any of his/her employees performing hereunder. The Instructor shall pay to the City all costs the City incurs in performing said background investigation. Said payment shall be tendered to the City prior to the Instructor or any of his/her employees commencing performance hereunder.
d. If the background check for Instructor, Instructor’s employees, or agreed upon substitute personnel or subcontractor reveals illegal or objectionable information or activities, the person to whom the background check applies shall be prohibited from providing the services hereunder and, in the City’s sole and absolute discretion, this Agreement may be terminated, in which case the Instructor will be entitled to no further compensation under this Agreement.
e. Failure of the Instructor and their designated staff members to comply with the provisions of this paragraph shall be grounds for immediate cancellation or termination of this contract by the City.
- Standard of Performance. Instructor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. It is understood and agreed that Instructor has the professional skills, experience and knowledge necessary to perform the work agreed to be performed under this Agreement; that City relies upon the professional skills of Instructor to do and perform Instructor’s work in a skillful and professional manner; and Instructor thus agrees to so perform the work. It is further understood and agreed that Instructor is apprised of the scope of the work to be performed under this Agreement and Instructor agrees that said work can and shall be performed in a fully competent manner.
- Drug Free Workplace. Instructor agrees to comply with the City’s Drug Free Workplace Policy.
- Previous Employment. Instructors, Substitutes and/or Additional Instructors are required to report if they are currently or have been previously employed by the City of Menifee. This information will be reviewed and a determination will be made regarding whether the individual is eligible to continue to be a representation of the City free of any Conflict of Interest as defined by City policy. If this information is not communicated immediately to the City, class shall be cancelled or postponed at the City’s discretion.
- Tools and Equipment. The Instructor shall furnish all tools, equipment, apparatus, supplies and materials unless otherwise mutually agreed by the City. Instructor assumes all risk of loss, damage, or harm to such equipment or materials arising in connection with this Agreement.
- Addressing New Students. The Instructor shall contact all registered students no later than five (5) business days prior to the first scheduled meeting of the class with a welcome email/phone call and provide participants with a thorough description of class requirements, including: clothing, special materials, material fees, etc.
- Class Cancellation. In the event an instructor will not be able to teach class due to illness, etc. the Instructor will implement the following procedure:
a. Instructor will procure a substitute instructor equally or better qualified and acceptable to the City to instruct class at the prescribed time and place. Replacement instructors must meet the criminal background screening and fingerprinting requirements.
b. Instructor will notify designated City staff regarding the substitute’s name, qualifications, address, and phone number. Payment for substitute instructors shall be the responsibility of the Instructor.
c. Instructor is responsible for ensuring substitute instructors meet all of the criteria stipulated in these Terms and Conditions, including but not limited to, maintaining a valid City of Business License, providing valid certificates of insurance in accordance with City policies, and providing proof of Live Scan.
d. If a substitute cannot be procured, the class will be cancelled and a make-up class must be added to the end of the session.
e. The Instructor will be responsible for notifying the students of the cancellation.
f. In the event of a cancellation, the Instructor is responsible for communicating with City staff at earliest possible notice and no later than twenty four (24) hours from class start time.
- Supervision. The Instructor agrees to establish appropriate rules for conducting the class and to assume responsibility for student discipline to ensure adequate protection of students and the facility. Students should not be left alone in the classroom at any time.
- Advertisement. The Instructor shall not advertise, print or publish any promotional materials in connection with the instruction or service to be conducted under this Agreement without the prior written approval of the Director of Community Services or his/her authorized representative.
- Assumption of Risk. The Instructor works at his/her own risk.
- Registration and Additional Fees. The Instructor agrees not to accept any registration fees from students. The Instructor may collect additional fees for materials and supply costs as approved by City. The Instructor shall appropriately inform the participants of the additional material fees prior to registration. Participants may be required to bring certain supplies and materials to class. The City is not responsible for collection of additional material fees, nor any disputes with participants related to additional fees.
Why are some instructor related contracts excluded from the Initial Payment?
The intent of the initial payment is to mitigate prolonged income loss for instructors as a result of suspension of services due to schools’ precautionary measures. It is therefore not necessary to offer the revised contracts to instructors who can continue to fulfil their contracts within prevailing conditions for curriculum delivery. These include curricular-related contracts such as the Art and Music Instructor Scheme (AMIS). For contracts which are affected by the suspension of school activities but for which a significant portion of these costs are logistical costs and not services costs (for instance, contracts for Outdoor Adventure Camps and School Overseas Programme), the revised contract is not as relevant. However, schools will abide by the cancellation terms of the contract, and in instances where cancellation terms are absent, schools will still pay for costs already incurred.
What will happen if an Instructor is unable to fulfil contractual requirements because of unforeseen circumstances?
If it happens, schools will assess the reasons for the non-fulfilment and decide on a case-by-case basis on the need to recover initial payment.
I am providing services to the school through a contract between the school and a company, how will I receive the initial payment?
In such situation, the initial payment will be made to the contracting party (individual/company) and not to instructors of companies directly. Companies have been encouraged to pass on the IPT, per the existing arrangements with their instructors. Instructors should approach their companies directly on the IPT.
While, some qualities of a good teacher include skills in communication, listening, collaboration, adaptability, empathy and patience, other characteristics of effective teaching include an engaging classroom presence, value in real-world learning, exchange of best practices and a lifelong love of learning.
Effective teachers are able to envision instructional goals for their students, then draw upon their knowledge and training to help students achieve success.