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The one-page program proposal, an agenda, the Head Instructor’s resume, and the class objective must be included with any request to conduct a training class or it will not be considered. The person that completes and signs the proposal must be the Head Instructor. If the Head Instructor is not the proposed contractor or does not have the binding authority to sign the proposal and contract on behalf the business entity, then the person that does have this authority must sign the proposal, along with the Head Instructor, prior to its submission.
THE HEAD INSTRUCTOR AS THE CONTRACTOR
This program was designed to contract Head Instructors. They may be a sole proprietor, a co-owner of a training entity, or even an employee of the business that is applying to be the contractor. The contracting company must specialize in a specific craft department. Educational entities, production companies, and unions/guilds will not be approved as contractors for PETP classes. An insurance certificate, per the contract requirements, issued from a third party may still be accepted as long as the contractor and Head Instructor(s) are named on it includes the title of the class. Understanding what the insurance covers and does not cover is the responsibility of the contractor.
THE CONTRACTOR IS RESPONSIBLE
The company or sole proprietor that submits a proposal and is approved takes on the responsibility of all training activities when entering into the contract. The more complex the class the more responsibilities the contractor is likely to have. The contractor is responsible for any additional agreements between the contractor and subcontractors. Safety is also the responsibility of the contractor; therefore, it is highly recommended the contractor verify that the (rented) facility is adequate for the training and any equipment that may be utilized has been properly maintained. Insurance, whether it is liability or equipment insurance, is the responsibility of the contractor.
LIABILITY INSURANCE FOR LECTURES
If the contractor is teaching a lecture only and does not carry an insurance policy that covers the approved training, it is the responsibility of the contractor to verify that the facility where the class will take place has the appropriate insurance. Hotels and colleges will likely be covered and will require a rental agreement between you as the contractor and that facility. If the facility does not have insurance, the contractor must provide the insurance per the contract. For example, if the contractor would like to book the Jean Cocteau Theater in Santa Fe (through the Department of Cultural Affairs), the contractor would be required to provide a certificate of insurance listing the State as the additionally insured for a minimum of $1,000,000.00 (Commercial General Liability Insurance).
LIABILITY INSURANCE FOR DEMONSTRATIONS OR CLASSES WITH ATTENDEE PARTICIPATION
If any person involved in class training activities, instructor or attendee, handles materials, equipment, chemicals, etc, an insurance certificate naming the state as the additionally insured is required. The minimum requirements are “Commercial General Liability Insurance with a limit of liability not less than one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage; and when applicable, Automobile Liability Insurance for owned, rented or non-owned vehicles not less than five hundred thousand dollars ($500,000.00.)” If you do not carry an insurance policy that covers the training activities of all those involved in the approved class, contact your insurance agent for options such as a special events policy. These may cost anywhere from approximately $350.00 to $500.00 depending on the class agenda and length of the class. Consider this fee in your contract amount. All insurance certificates must have the name of the Head Instructor and class title on it. If this certificate is not received a week prior to class commencement or is not complete, the class can not take place and will be put on hold until all requirements are met.
CLASS AGENDA
For classes with demonstrations or attendee participation, the class must begin with a review of the training activities, types of materials/equipment that will be utilized and corresponding safety practices. Also, any significant changes to the agenda will need to be submitted to the New Mexico Film Office for review and approval prior to the class. These changes may include training for a different craft, training at a different location, utilizing different equipment or utilizing different materials. Remember the agenda is an exhibit named and referred to in the signed contract. You may not be reimbursed for training activities conducted that were not originally proposed and approved. It is also highly recommended you check with your insurance agent prior to proposing changes to the agenda to review what training activities your policy will cover and to determine whether a new certificate naming the State as the additionally insured will need to be reissued.
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