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HomeMy WebLinkAbout08 - Contract with Former City EmployeeAgenda Item 8 March 28, 2000 COMMUNITY SERVICES DEPARTMENT Arts Et Cultural - Library - Recreation - Seniors To: Mayor and Members of City Council From: LaDonna Kienitz, Community Services Director /City Librarian Re: Request for Contract Approval for Former City Employee RECOMMENDATION Approve the contract agreement with Marilyn Fisher in the amount of $6,500 for the period of April 1 through June 30, 2000. BACKGROUND Marilyn Fisher has been employed with the City of Newport Beach as a Recreation Manager from June 1997 through March 2000. Her resignation is effective March 31,2000. Ms. Fisher's resignation leaves the Recreation Division of the Community Services Department with a critical vacancy. Ms. Fisher has been the primary staff person in charge of the following special programs, for which plans must be completed and the events implemented April through June 30, 2000: • Easter Egg Hunt • Youth Council /City Government Day. • Corona del Mar Scenic 5K These three events, scheduled in April, May and June respectively, require an estimated 180 hours of time to plan and coordinate. This action is a short -term solution that ensures consistent and quality management of three important events. The limited number of Recreation staff are extremely busy at this time of the year preparing for the summer season. A vacancy compromises both progress on the summer programs and the quality _ of- the._special programs identified. There is only one other Recreation Manager, who is still in the probationary period, having started her position in January of 2000. All work will be done off -site, except the conduct of meetings with the citizen committees. This contract will insure the best quality completion of the events while the process of recruitment for a replacement manager takes place. This contract is the standard form developed by the City Attorney's office for use in the Community Services Department with Independent Contractors. The Recreation Division has over 80 such independent contractors, including instructors and officials, at this time. Attachment CITY OF NEWPORT BEACH INDEPENDENT CONTRACTOR AGREEMENT This agreement is made into this March 28, 2000 by and between the City of Newport Beach, California, Department of Community Services (hereinafter referred to as "City "), and Marilyn Fisher, (hereinafter referred to as "Contractor "), a skilled, self employed Recreation Consultant to provide management and coordination of the following events: The Corona del Mar Scenic 5K Race (hereinafter referred to as "Race "), the Easter Egg Hunt and City Government Day hereby agreed upon through June of 2000. The parties agree as follows: SECTION 1. DUTIES OF PARTIES A. THE CITY AGREES TO PERFORM THE FOLLOWING DUTIES: 1. Provide all necessary support services necessary for implementation Race, including, but not limited to: a. Registration of all participants in the Corona del Mar Scenic 5K. Registration will be allowed on site on race day. b. Pay all budgeted expenses incurred for putting on the Race c. Provide part -time staff to assist with the pre - registration of the Race. d. Receive and distribute all in- coming and out -going mail for the race. e. Provide a location for the weekly Race meetings. f. Provide a location for pre - registration of the Race on May 31, June 1 and June 2, 2000. g. Provide General Services Staff to assist on race day to set -up barricades, tables, tents. h. Provide City staff and vehicles to deliver supplies to the Race. i. Provide graphic services to create printed materials for the race. j. Provide information service to the public regarding the events. k. Approve all purchases for the Race. 2. Provide all necessary support services necessary for implementation of City Government Day, including, but not limited to: a. Provide a location to host City Government Day. b. Receive and distribute all in- coming and out -going mail for City Government Day. c. Provide tables and chairs for the set -up of the City Government Day luncheon. d. Provide a meeting room for Youth Council Meetings. e. Pay all budgeted expenses incurred for putting on City Government Day. f. Approve all purchases for City Government Day. 3. Provide all necessary support services necessary for implementation of the Annual Easter Egg Hunt, including, but not limited to: a. Provide Part -time staff to assist with the implementation of the Easter Egg Hunt. b. Provide a meeting room for pre -event preparation with part -time staff. c. Pay all budgeted expenses incurred for putting on Easter Egg Hunt. d. Approve all purchases for the Egg Hunt. Page 1 of 4 B. CONTRACTOR AGREES TO PERFORM THE FOLLOWING DUTIES: 1. Provide the management and coordination of the Race which includes, but not limited to the following: a. Coordination of sponsorship agreements. b. Set -up and clean up of event on June 3, 2000. C. Event management on race day. d. Coordinate with Time Management Company for distribution of brochures at other races. e. Coordinate with T -shirt vendor for the printing of event T- shirt. f. Coordinate, proof and receive from Printer the event brochure and poster. g. Coordinate the distribution of race brochures and poster. h. Order event banners. i. Coordinate the printing of all signs for restaurant row, start and finish line and adverting for event. j. Correspondence to all committee members. k. Coordination of race registration and pre - registration process. L. Training of part -time employees for race set -up and pre -race registration. M. Correspondence with advertising firms to advertise Race. n. Meet weekly with volunteer committee. o. Order and pick up all supplies for event. P. Purchase, through City funds, all supplies for event, with prior City approval. q. Correspondence to all vendors for race. r. Coordination of the Restaurant Row agreements. S. Correspondence with participants of the event through phone calls, a -mails and faxes. t. Coordinate a staff meeting with City part -time staff one week prior to Race. U. Provide an in depth post event report. 2. Provide the management and coordination of City Government Day and Youth Council functions which includes, but not limited to the following: a. Meet monthly with Youth Council. b. Meet with Youth Council for selection of students. c. Coordinate Beach Clean -up Day with Youth Council. d. Attend Beach Clean up day on April 29, 2000. e. Prepare and send memos to City staff regarding City Government Day. f. Correspondence with City staff on event directions. g. Coordinate the set -up and clean up of City Government Day. h. Prepare and send letters to students regarding City Government Day. L Prepare agendas and staff reports for event. j. Coordinate food delivery for luncheon. 3. Provide the management and coordination of the Annual Easter Egg Hunt which includes, but not limited to the following: a. Coordinate a staff meeting of part -time employees prior to the Easter Egg Hunt. b. Management of event on April 22, 2000. c. Correspondence with Eastbluff Village Center on sponsorship of event. d. Coordinate staff training for preparing prizes for event. e. Correspondence with City staff for the delivery of supplies for event. f. Correspondence with businesses participating in event. 4. Contractor shall notify the City of name, address, or telephone number changes immediately. Contract for Marilyn Fisher Page 2 of 4 SECTION 5. TERM OF AGREEMENT The term of this agreement shall commence on April 1, 2000 and shall end June 30, 2000. The Contractor may terminate this agreement at any time providing written notice at least 30 days prior to the projected starting date of the next quarter. It is understood that the City may, at its sole discretion, terminate this agreement without cause by giving 10 days written notice, subject to payment to the contractor for services rendered prior to the date of termination. The undersigned has read, understands and agrees to be bound by all of the terms as set forth herein. Contractor Signature Date Signed Address City, State, Zipcode Social Security # or Tax I. D. # Telephone Contract for Marilyn Fisher Page 4 of 4 Senior Recreation Manager Andrea McGuire Prepared by Approved as to form: City Attorney 5. Contractor is responsible for: • Cooperating with requests from Community Services Staff. • Receiving prior approval from the City of all printed materials, including press releases, prior to any distribution. Closing /securing room /building at the end of each meeting or event. • Know facility rules and regulations and provide pertinent information (i.e. refunds) to participants. • Maintain the highest degree of participant safety possible. • Obtaining a business license in the City of Newport Beach. SECTION 2. COMPENSATION The City will pay Contractor the sum of $6,500 payable in twice monthly installments beginning April 2000 and concluding June 30, 2000. SECTION 3. STATUS OF CONTRACTOR The parties intend and agree that at all times during the performance of services pursuant to this agreement. Contractor shall be acting as an independent contractor with sole legal responsibility to remit all federal and state income and social security taxes, to provide for his /her own workers compensation and unemployment insurance, and to provide liability insurance in amounts as required by City. The City shall not be liable for any payment or compensation in any form to Contractor other than as provided herein. SECTION 4. INDEMNIFICATION The contractor, as a condition of the agreement shall indemnify to the City as follows: General Liability: The Contractor shall indemnify, defend and hold harmless the City, its officers, employees and agents, with respect to any loss, liability, injury or damage that arises out of, or is in any way related to, the acts or omissions of The Contractor, his /her employees, officers and agents in the performance of any activity, function or duty authorized by, or required under the terms of this agreement. The Contractor shall not be required to indemnify the City in connection with the negligence or willful acts or omissions of the City, its officer, agents or employees. Contract for Marilyn Fisher Page 3 of 4 F -20 CONTRACTS WITH FORMER CITY EMPLOYEES PURPOSE To establish a city policy regarding contracting with former city employees. POLICY All professional services contracts with former city employees or temporary employment contracts with retiring or former city employees shall require approval of the City Council. Council approval shall also be required for professional services contracts with a corporation or other business entity owned or operated by a former City employee or that employs a former City employee. Adopted - November 10, 1997 Amended - March 9,1998 Amended — March 22,1999 Formerly J -1 1