HomeMy WebLinkAbout2026-051 AGRMT Rogue Music Academy Instructor Agreement
This Instructor Agreement("Agreement") is entered into by and between the City of Ashland, ("City")and
the Instructor listed below, ("Instructor"), for the services listed in Exhibit A. This Agreement and the
Exhibits shall be construed to be mutually complementary.
NOW THEREFORE,the City and Instructor hereby agree as follows:
1. Effective Date, Duration, and Compensation:This Agreement shall become effective on the date
of execution of the last signature (the "Effective Date"). The term of the contract is set forth in
Exhibit A, as well as payment terms. In the case of early termination,the Instructor shall be
compensated for all services performed up to the termination date. Payments will be made
within 30 days of receipt of the Instructor's invoice.
2. Instructor Obligations:
a. Independent Contractor Status. Instructor is an independent contractor and not an
employee of the City for any purpose. If required, Instructor shall provide workers'
compensation coverage as required in ORS Chapter 656 and ORS 656.017 for all persons
employed to perform Work pursuant to this Agreement.
b. Work Obligations. The Instructor shall, at their own risk, perform the Work.The
Instructor represents and warrants that they possess the necessary qualifications, skills,
and experience to perform the services outlined in this Agreement.The Instructor
commits to conducting all classes in a timely, respectful, and supportive manner.This
includes fostering an inclusive environment that encourages participants to acknowledge
and respect their own physical limitations.The Instructor shall not pressure or coerce
any participant to exceed their individual comfort levels or stated physical capabilities,
ensuring a safe and positive experience for all involved.
c. Non-Assignment. Instructor shall not assign this Agreement or subcontract any portion
of the Work without the written consent of City.
3. Insurance. Instructor shall, at its own expense, maintain the following insurance and shalt
name the City of Ashland as Additional Insured, but only with respect to Instructor's
services provided under this Agreement. General Liability. insurance with a combined single
limit, or the equivalent, of not less than $1,000,000 per occurrence. This is to cover any damage
caused by error, omission or negligent acts related to the Work to be provided under this
Agreement.
4. Termination: Mutual Consent.This Agreement maybe terminated by at anytime by mutual
consent of both parties.
a. City's Convenience:The City may terminate this Agreement for convenience upon (15)
days' prior written notice,which may include reasons related to funding.
b. Breach: Either party may terminate this Agreement in the event of a breach by the
other.The party seeking termination must provide written notice of the breach. If the
breach is not remedied within 15 days,termination may occur at any time thereafter by
written notice.
5. Indemnification: Instructor agrees to defend, indemnify, save, and hold City, its officers,
employees, and agents harmless from any and all losses, claims, actions, costs, expenses,
judgments, or other damages resulting from injury to any person (including injury resulting in
death),or damage (including loss or destruction)to property, of whatsoever nature arising out
of or incident to the performance of this Agreement by Instructor(including but not limited to,
Instructor's employees, agents, and others designated by Instructor to perform the Work).
Instructor shall not be held responsible for any losses, expenses, claims, costs,judgments, or
other damages, caused solely by the negligence of City.
6. Living Wage Requirements:As outlined in Exhibit B, if the amount of this Agreement is
$26,429.65 or more, Instructor is required to comply with Chapter 3.12 of the Ashland Municipal
Code by paying a living wage, as defined in that chapter,to all employees performing Work
under this Agreement and to any Subcontractor who performs 50%or more of the Work under
this Agreement. Instructor is also required to post the notice attached hereto as "Exhibit B"
predominantly in areas where it will be seen by all employees.
7. Governing Law:This Agreement is governed by the laws of the State of Oregon.Any legal action
arising from this Agreement must be filed exclusively in the Circuit Court of Jackson County,
Oregon, or in federal court if applicable.
8. Merger:This Agreement, along with its attached exhibits, represents the complete
understanding between the parties.Any changes or modifications must be in writing and signed
by both parties.There are no other agreements or representations, either written or oral,
outside of this Agreement.
9. Notice:Whenever notice is required or permitted to be given under this Agreement, such notice
shall be given in writing to the other party by personal delivery, by sending via a reputable
commercial overnight courier, by mailing using registered or certified United States mail, return
receipt requested, postage prepaid, or by electronically confirmed at the addresses set forth in
the signature lines below.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and Instructor
hereby agree as follows:
Zachary Sprunger
Instructor Name: City Official: aolhc�
Zachary Sprunger 1TALS
Signature: Signature:
A S if
9y
O
ors®F"P
Scope of Work - Recreational Programming
Instructor Name: Rogue Music Academy
Activity Name: Music Lessons - All Ages & Levels (Titles Vary)
Date of Agreement: 7-1-2026
Expiration Date: 6-30-2027
Payment Arrangement (ex. 60% of registration fees collected by APR paid to instructor):
70% of total collected registration fees by APRD.
Rental fees applied for Kindermusik activities - registrations being taken by RMA as well
as APRD
Check here if instructor will be taking registration in person. This requires a rental fee set
in City of Ashland fees & charges.
The instructor will provide APR with an invoice for payment for services 10 business days
from the conclusion of the course. Invoice should include # of participants, registration fee &
total collected by APR, and total due to instructor based on percentage.
Introduction / Background
This Scope of Work ("SOW") outlines the expectations and responsibilities for the delivery of
the Music Lessons activity(ies) offered through Ashland Parks & Recreation Department
(APRD).
Lessons includes titles" Beginning Adult Guitar and Ukulele, I Can Play! Youth Guitar and Ukulele,
Guitar and Ukulele for the Ageless, Kindermusik
Program Objectives
High-level goals of the program (e.g., provide accessible recreation for all ages, promote
healthy lifestyles, encourage community engagement).
Success will be measured by:
Participation numbers and returning customer engagement
(Examples of measurable success: Participation targets, Community Feedback, Inclusivity
goals, etc...)
Additional details determined by instructors and APRD staff.
APRD will collect information on need for RMA to provide rental instruments to
participants.
Scope of Services / Program Description
Adult, Youth, Senior
• Program Type (Adult, Youth, Senior)
Art & Culture
• Category (fitness, enrichment, gardening etc...):
Rogue Music Academy Lessons
• Activity Title:
• Program Components: The instructor will provide specialized materials, equipment, and
instruction needed to successfully deliver the course content and outcomes presented
in the course proposals. Any additional considerations will be listed by instructor and
APRD staff.
Rental Instruments as needed, curriculum, communication on activity schedule adjustments
Roles and Responsibilities
• APRD Will Provide:
o Advertising strategies and coordination of registration for courses.
• Access to the registration system to manage class rosters and respond to basic
customer inquiries.
Fv]Yes Smart Rec Access
• Access to recreation facilities for program delivery.
• Processing of instructor invoices for payment no later than 10 business days after the
conclusion of advertised courses.
o Additional considerations:
• Contractor/Instructor Will Provide:
o Course proposals and confirmation of information accuracy during the recreation
guide draft editing process.
o Any additional advertisements with approval from APRD staff.
o Specialized materials, equipment, and instruction needed to successfully deliver
course content.
o An invoice for payment for services 10 business days from the conclusion of the
advertised course.
o Additional considerations:
• Shared Responsibilities:
o Keeping all communication professional
o Communication with participants regarding cancellations or postponements.
o Making reasonable accommodations to participants with intellectual and physical
disabilities while delivering course content.
o Keeping all student contact information confidential.
o Additional considerations:
Activity Deliverables
ongoing
• Number of sessions:
• Activity Outline (what partcipants gain from activity):
Experience and knowledge playing a variety of instruments, personal growth and achievement of
new skills
o The instructor agrees to meet APRD deadlines to provide course proposals and
information for advertising.
o The instructor is provided access to the registration system to manage class rosters
and maintain accurate recording of participation. If elected to not access registration,
instructors must make requests for rosters.
Facilities & Equipment
Location(s): Pre-approved City of Ashland owned buildings and APR facilities and public
spaces. Activity locations not on City of Ashland property are not covered by this
agreement.
o Specific details of location and entry/exit procedures from City of Ashland Facilities:
Ashland Senior Center- Monthly Access Code provided by APRD
• Equipment provided by: The instructor agrees to provide specialized materials and
equipment needed to successfully and safely deliver content and outcomes.
• Storage/setup/cleanup expectations:The instructor agrees to monitor participants for
orderly use of facilities and discourage vandalism, theft, or altering of city or parks
owned property. The instructor also agrees to notify APRD staff or authorities in a timely
manner if permanent damage is discovered. Storage of equipment is not allowed unless
pre-arranged with APRD staff.
Health & Safety Requirements
• Incident reports must be completed for all injuries or safety issues: The instructor
agrees to notify APRD staff of any accidents/incidents including regular facility
maintenance needs required for effective program delivery and safety.
• Program must comply with ADA accessibility requirements: APRD and the instructor will
make reasonable accommodations for participants with intellectual and physical
disabilities.
Compensation & Payment Terms
• Compensation: The instructor will provide APRD with an invoice for payment for
services. The instructor agrees to refuse direct payment for any activity in an APRD
facility in which the instructor does not pay facility rental fees. All payments will be
directed to APRD.
• Payment schedule: APRD agrees to process instructor invoices for payment no later than
30 business days from receipt of program invoice.
• Invoices submitted to: Designated APRD staff Lonny Flora-Recreation Supervisor
[designee name & contact info]
Program Promotion & Registration
• Registration will be managed by: APRwill coordinate registration for courses.
• Marketing and promotion will include: APRwill implement advertising strategies.The
instructor may develop additional advertisements and distribute them with APRD
approval.
Monitoring & Evaluation
• Performance will be measured by: The instructor will assistAPRDstaff with the
administration of course evaluations and other surveys.
• Other performance measurements:
Acknowledgement of Scope of Work
APR Representative: Date: 6 " o�
Contractor/Instructor: Date: 0 5/2 9/2 6