HomeMy WebLinkAboutC-4217 - Independent Contractor Agreement Recreation InstructorINDEPENDENT CONTRACTOR AGREEMENT
RECREATION INSTRUCTOR
This Independent Contractor Agreement ("Agreement") is made and entered into
as of this 1st day of January, 2015 ("Effective Date") by and between the City of
Newport Beach, a California municipal corporation and charter city ("City"), and Culinary
Cooking Kids, a California limited liability company ("Contractor"), to provide the classes
or programs in Enrichment ("Class" or 'Program') hereby agreed upon, as scheduled
and described in the Newport Navigator and/or OASIS News, which is incorporated
herein by reference, and as approved in writing by City.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
17 qRT
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2016, unless terminated earlier as provided herein.
2. COMPENSATION
2.1 City shall pay Contractor within twenty-one (21) City business days after
the last Class meeting.
2.2 City shall pay Contractor an amount equal to:
2.2.1 Sixty percent (60%) of the amount of the total enrollment fees
collected, minus the non-resident fee and a five dollar ($5.00) per person administration
fee for each Class.
2.2.2 Eighty percent (80%) of the amount of the total enrollment fees
collected for each Class at the After Class Enrichment (ACE) programs. Materials fees
are not permitted for ACE programs and must be incorporated in price provided to City.
2.3 City shall pay Contractor electronically. Contractor shall be responsible
for ensuring an up to date "Direct Deposit Authorization Form" is on file with City.
3. DUTIES OF CITY
3.1 Registration. City shall register all participants and shall collect all
enrollment fees. Contractor shall not accept enrollment fees directly from a participant
unless City approves, in advance and in writing, the acceptance of enrollment fees by
Contractor. Contractors shall only collect material fees that are pre -approved by City
and published in advance in the Newport Navigator and/or the OASIS News. Such
material fees shall be collected by Contractor at the first Class meeting.
3.2 Publicity. City shall provide publicity for the Class in the Newport
Navigator (published on a quarterly basis) and/or the OASIS News (published on a
monthly basis). City shall have the sole discretion to decide what information will be
included in the Newport Navigator and/or the OASIS News about the Class and
Contractor. Publicity may also include flyers created by City or Contractor. Contractor -
created marketing materials must be approved in writing by City before distribution.
3.3 Class Facility. City shall provide a location for the Class without charging
Contractor any rental fees, unless otherwise agreed by the parties. Contractor will
request dates and times for the Classes and City will inform Contractor if the facility is
available. It is Contractor's sole responsibility to request these dates/times; City will not
schedule Contractor's Classes without receiving date/time requests from Contractor.
City facilities shall only be used for Classes authorized by the City under this
Agreement.
3.4 Refund Processing. Refunds are at the discretion of the City. City shall
provide refunds to participants when:
3.4.1 The participant drops the Class before the second Class meeting;
3.4.2 The participant drops a Class that is a one (1) day or more
workshop at least five (5) City business days before the workshop begins; or
3.4.3 The Class is canceled by City or Contractor. If canceled by
Contractor, all required paperwork must be received by City at least seventy-two (72)
hours before start date of Class.
3.5 Class Roster. Sion -Out and Attendance Sheets. City shall provide Class
rosters, sign -out sheets and attendance sheets to Contractor online via City's
registration system. Contractor is responsible for requesting log -in and password
information from City for use of the registration system.
4. CONTRACTOR DUTIES
4.1 Contractors. Contractor hereby certifies that it, or any subcontractor,
representative or employee (collectively "Representative" or "Representatives") who will
be teaching the Class or assisting in teaching the Class are qualified to do so, and
qualified to perform the services described above and in the Program outline submitted
to City. Contractor is responsible for all Class curriculum development. Contractor is
responsible for training, supervising, evaluating, scheduling, and any other requirements
by law for all Representatives. Contractor warrants that it will continuously furnish the
necessary personnel to provide the Program or Classes as contemplated by this
Agreement.
4.2 Representatives. Contractor shall provide City with the name(s),
address(es) and phone number(s) of all Representatives who will be providing any
services pursuant to this Agreement. All Representatives must comply with the
Fingerprint and Criminal Background Check policy in Section 9. All Representatives
must be able to provide proof of legal right to work in the United States.
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4.2.1 Representative Approval Form. Attached as Exhibit A, and
incorporated herein by reference, is the Representative Approval Form ("Form"). Each
Representative is required to obtain the written approval of the Recreation & Senior
Services Director prior to performing any services under this Agreement. Prior to
Contractor using any Representative to provide any services pursuant to this
Agreement, Contractor shall submit to City a completed Form for each Representative
that Contractor desires to use to provide services pursuant to this Agreement.
Contractor, at the sole discretion of City, shall remove from the Program any
Representative assigned to the performance of services pursuant to this Agreement
upon written request of City.
4.2.2 Please initial the statement that applies:
_ I will not be using Representatives.
/I will be using Representatives. Any completed and approved Forms
shall be incorporated herein by reference. I shall not authorize any
Representative to provide services pursuant to this Agreement
unless and until the Recreation & Senior Services Director has
approved in writing the completed Form for that individual
Representative.
4.3 Subcontracting. Contractor shall not subcontract or assign any portion of
the rights, obligations or duties required under this Agreement, without first obtaining
prior written approval from City. Subcontracts, if any, shall contain a provision making
them subject to all provisions of this Agreement.
4.4 Supplies/Equipment. Contractor shall be responsible for providing all
supplies, equipment, personnel, materials, and any additional publicity desired for the
Class, at Contractor's sole expense. Contractor shall also be responsible for repairing
and maintaining all equipment and supplies in good working condition.
4.5 Anti -Discrimination Laws. Contractor agrees and certifies that no person
shall, on the grounds of race, religious creed, color, national origin, ancestry, age,
physical disability, mental disability, medical condition, including the medical condition of
Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital
status, sex, sexual orientation or any other impermissible basis under the law, be
excluded from participation in, or be denied the benefits of the services provided
pursuant to this Agreement except as otherwise permitted by law. Contractor shall,
where applicable, conform to the requirements of the Americans with Disabilities Act in
the performance of this Agreement.
4.6 Class Size. Contractor shall determine the minimum and maximum
number of participants required for each Class to ensure the quality and safety of the
Class participants. Contractor or Representative is required to attend the first Class
meeting of all Class offerings advertised in the Newport Navigator and/or OASIS News
unless Contractor cancels the Class at least three (3) City business days prior to the
first Class date, with the prior written approval of City. In the event of such approved
cancellation, Contractor shall be responsible for informing all registered participants. In
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the event that the minimum number of participants is not met by the first Class meeting,
the Class shall be canceled and Contractor shall not be compensated for attending the
first meeting or for any canceled Class. Contractor shall not be obligated to provide any
additional services in regards to the canceled Class. If the minimum number of
participants is met or exceeded, the Class shall be held as scheduled (even if any of the
initial participants subsequently drop the Class), subject to Section 15 of this
Agreement. If the demand is such that an additional Class could be offered, it shall be
taken under consideration and negotiated between City and Contractor. If Class(es) are
canceled for two (2) consecutive quarters due to lack of enrollment, the Class will not be
scheduled again until City determines that public demand has increased.
4.7 Use of Non -City Facilities for Classes. If Contractor desires to conduct the
Class at its place of business, or some other non City -owned site or facility, such
location shall be first approved in writing by the City, which approval may be granted or
conditioned by City in its sole and absolute discretion. Upon said written consent by
City, Contractor must:
Class; and
4.7.1 Notify City at least twenty-four (24) hours in advance;
4.7.2 Provide sufficient parking for all participants;
4.7.3 Post signs at the site to direct participants to the location of
4.7.4 Allow access to City staff to the location when requested.
4.8 Absences. Contractor shall obtain permission from City one (1) week prior
to any planned absence from the Class. In the event of illness, Contractor is required to
notify City and participants at least twelve (12) hours prior to any Class cancellation.
4.8.1 City urges Contractor to get a substitute Representative
whenever possible instead of canceling Classes. Contractor shall obtain City's prior
written approval of any substitute Representative. Any substitute Representative must
have completed fingerprinting and a criminal background check pursuant to Section 9
prior to teaching any Programs or Classes and must have an authorized Representative
Approval Form on file with City.
4.9 Contact Information. Contractor is required to notify City in writing of any
name, address, telephone number, email, website or direct deposit payment changes
within forty-eight (48) hours of such change.
4.10 Contractor Informational Meeting. Contractor or Contractor's authorized
Representative or employee shall attend an annual "Contractor Informational Meeting."
4.11 Camp Participant Emergency Waiver Form Requirements. All Contractors
who offer camps shall require all participants to complete and return to Contractor, or its
designee, on or before the first day of camp, a City issued "Emergency Contact
Information Form."
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4.12 Sign -Out Sheets. All camp Contractors with participants ages ten (10)
years and younger shall have a parent or legal guardian sign out each said Class
participant after each Class. Sign -out sheets along with attendance sheets are
available to Contractor online through the instructor login. All camp Contractors with
participants age seventeen (17) years and younger shall retain written permission from
a parent or legal guardian to allow said participants to transport themselves home from
the Class site.
4.13 Other Requirements. Contractors shall:
4.13.1 Cooperate fully with all reasonable requests from City staff;
4.13.2 Maintain the highest degree of participant safety possible;
4.13.3 Injuries or Damages. Immediately report to City's Project
Administrator named in Section 5 below, by phone or email, any injuries as a result of
Class participation, damages to the classroom or Program facility that could cause
potential injury to a Class participant, and/or other needed maintenance repairs;
4.13.4 Clear all participants from the designated Class area at the end of
Class time unless participants continue to use public City facilities for personal use
without conflict with other scheduled activities and in accordance with posted hours and
availability limitations;
4.13.5 Ensure that any music or sound system is kept at levels that will
not interfere with other classes or create a public disturbance/nuisance;
4.13.6 Close and secure the room or building at the end of each Class;
4.13.7 Turn off any lights, heat, air conditioning, or other utilities the end
of each Class;
4.13.8 Complete and return via email, by the date set forth by City's
Project Administrator, the quarterly "Contract Class Schedule" if Contractor wishes to be
a part of City's marketing materials;
4.13.9 Know facility rules and regulations and provide pertinent
information (e.g., refund policy) to participants;
4.13.10 Pay a twenty dollar ($20.00) lost key/replacement fee when
Contractor requests replacement key; and
4.13.11 Abide by all City policies and procedures including, but not
limited to, the requirements set forth in the Newport Navigator and OASIS News and the
current Contractor Handbook which is incorporated herein by reference. Contractor's
signature on this Agreement signifies acknowledgement of receipt of the Contractor
Handbook.
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4.14 Contractor Photo ID Badge. Contractor and Representatives are required
to wear a City -provided Contractor Photo ID Badge at all times while engaging in
services for City. Contractor shall be required to pay five dollars ($5.00) for any lost or
replacement Contractor Photo ID Badge. Contractor Photo ID Badges are distributed
upon execution or renewal of the Agreement with City.
5. PROJECT ADMINISTRATOR
This Agreement will be administered by the Recreation & Senior Services
Department. Recreation Supervisor, or designee, shall be the Project Administrator and
shall have the authority to act for City under this Agreement. The Project Administrator
shall represent City in all matters pertaining to the Services to be rendered pursuant to
this Agreement.
6. NOTICES
Unless otherwise indicated, all notices, demands, requests or approvals,
including change of address notices, to be given under the terms of this Agreement
shall be given in writing, and conclusively shall be deemed served when delivered
personally, or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first-class mail, addressed as hereinafter provided.
6.1 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn.: Recreation Supervisor
Recreation & Senior Services Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
6.2 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at the contact information provided on the signature page to
this Agreement.
7. INDEPENDENT CONTRACTOR
The parties intend and agree that at all times during the performance of services
under this Agreement, Contractor and Representatives shall act as an Independent
Contractor and shall not be considered an agent or employee of City. As such,
Contractor shall have the sole legal responsibility to remit all federal and state income
and Social Security taxes and to provide for its own workers compensation and
unemployment insurance and that of its Representatives. Contractor also agrees to
provide liability insurance as required by City and described more fully below and in
Exhibit B. City shall not be liable for any payment or compensation in any form to
Contractor other than as provided herein. City reserves the right to employ other
independent contractors and contractors who teach the same or similar classes. City
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shall provide Contractor with IRS Form 1099-MISC or other applicable IRS forms at the
end of the calendar year for all fees paid to Contractor.
8. INSURANCE REQUIREMENTS
Without limiting Contractor's indemnification of City, and prior to commencement
of Classes, Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit B, and incorporated herein by reference. This
provision shall not apply to Contractors providing non -fitness related classes at
the OASIS Senior Center.
9. FINGERPRINTS AND CRIMINAL BACKGROUND CHECK
9.1 Contractor and its Representatives must submit to and pass a criminal
background investigation by providing a complete set of fingerprints to City at least thirty
(30) calendar days prior to teaching, substituting for Contractor, or assisting with any
Class. Contractor and its Representatives are required to submit fees at City's cost
pursuant to the administrative fee schedule (NEMC §3.36.030) to the City of Newport
Beach, Recreation & Senior Services Department, to cover all costs associated with
fingerprinting through the City of Newport Beach Police Department and the Department
of Justice. Fingerprints may be required to be updated every five (5) years.
9.2 In addition, all Classes involving participants age seventeen (17) years or
younger ("minors') must be taught in an open atmosphere where parents and guardians
are able to observe Class instruction, if so desired. At no time may the parent or
guardian of a minor be denied access to a Class.
10. TRANSPORTING OF MINOR PARTICIPANTS
10.1 Unless the Program specifically involves travel or transportation of minors
to an offsite location, Contractor or its Representatives, shall not transport any minor
participant by vehicle or otherwise.
10.2 If, after the conclusion of any Class session, a minor participant has not
been picked up, Contractor shall make every effort to contact the minor's parent, legal
guardian, or other authorized individual to whom the minor may be released. If no
contact can be made with any of the above individuals, Contractor shall contact the City
Recreation Supervisor or Recreation Manager at the Recreation & Senior Services
Office at (949) 644-3151 (Monday through Friday, 8 a.m. to 5 p.m.), or the Park Patrol
Division at (949) 795-2381 (Monday through Friday, 5 p.m. to 9 p.m. and Saturday and
Sunday, 9 a.m. to 5 p.m.). During all other hours, Contractor shall contact the Newport
Beach Police Department Dispatch number for assistance at (949) 644-3717.
11. CONFIDENTIALITY; OWNERSHIP OF DOCUMENTS
All Class rosters, participant addresses and contact information, and any other
such information or documents compiled by City and provided to Contractor, shall
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remain the property of City. Contractor shall not release such information to others
without the prior written authorization by City. Contractor shall not use such information
for any other purpose than that authorized by City. All Class rosters, Class participant
addresses and contact information shall be used by Contractor solely for administration
of Classes and performing City business. Contractor shall take reasonable steps
consistent with the law to prevent distribution of such information. Contractor's
obligations under this Section shall survive the termination of this Agreement.
12. USE OF NAMES AND LOGOS; ADVERTISING, PRESS RELEASES AND
PUBLICITY
Contractor shall not include City's name, seal, logos or insignia, or photographs
of the Class site or participants, in any publicity pertaining to Contractor's services or
Class in any magazine, trade paper, newspaper, radio or television production, Internet,
or other printed or electronic medium without the prior written consent of City and
participants.
13. BUSINESS LICENSE
Newport Beach Municipal Code Chapter 5.04 provides that every business
operating in City must obtain a business license prior to conducting business in City and
pay the required business license tax. The City business license tax is an annual fee
due every twelve (12) months. Contractor agrees to obtain a City business license as
required by Chapter 5.04 and provide proof of compliance annually. Business license
applications are available in the Revenue Division Office at Newport Beach City Hall. In
certain circumstances, Contractor may be eligible to pay a reduced business license
tax, which is known as an "apportioned business tax'. A Declaration for Apportioned
Business Tax is available in the Revenue Division Office at City Hall. A copy of the
business license must be submitted with this Agreement.
14. INDEMNIFICATION
14.1 General. Contractor shall indemnify, defend and hold harmless City, its
elected and appointed officers, employees, agents, volunteers, representatives, the City
Council, boards and commissions ("Indemnified Parties") 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 Contractor, its employees, representatives, officers and agents in the
course of performing services under this Agreement; however, Contractor shall not be
required to indemnify City from any claim arising from the sole negligence or willful
misconduct of the Indemnified Parties.
14.2 Intellectual Property. Contractor shall defend, indemnify, and hold
harmless the Indemnified Parties from any claim of infringement or other proceedings
brought against City for any intentional or unintentional violation by Contractor of the
legally protected rights of any third parties, with respect to works performed, logos
displayed, or written or digital materials provided by Contractor and used during the
performance of this Agreement. Such legally protected rights of third parties include but
are not limited to trade secrets, moral rights, proprietary acts, U.S. patents, trademarks,
service marks and copyrights vested or issued as of the Effective Date of this
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Agreement. If Contractor will be providing a public performance of musical
compositions or arrangements that are subject to a license held by a third party, it is the
responsibility of Contractor to obtain the appropriate license to perform the material prior
to the public performance.
15. TERMINATION
City has the right, at its sole discretion and with or without cause, to terminate
this Agreement at any time by giving three (3) calendar days' prior written notice to
Contractor. In the event of termination under this Section, City shall pay Contractor on
a prorated basis for any Classes or Programs that were actually taught by Contractor, if
any, up to the effective date of termination.
16. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under the Agreement, Contractor shall submit to City in
writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for
payment. Contractor and City expressly agree that in addition to all claims filing
requirements set forth in the Agreement, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Government Claims Act
(California Govt. Code §§ 900 et seq.).
17. STANDARD PROVISIONS
17.1 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
17.2 Waiver. A waiver by City of any term, covenant, or condition in the
Agreement shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
17.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and Agreements of whatsoever kind or nature are merged
herein. No verbal contract or implied covenant shall be held to vary the provisions
herein.
17.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
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17.5 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
17.6 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
17.7 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
17.8 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
17.9 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
17.10 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
17.11 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y'S OFFICE
Date:
By:
Aaron arp P�
City Attorney d"
ATTEST:
Date: �c2•�[•l
By: 44 LO& )-
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: \ 2 - k Ni
By:
L a Detweiler
R c eation & Senior Services Director
CONTRACTOR: Culinary Cooking Kids, a California limited liability company
i YD
Signature Date Print Name Print Title
fay ii e on �Im &IcFo
Signature D to Print Name Print Tft
[END OF SIGNATURES]
Attachments: Exhibit A — Representative Approval Form
Exhibit B — Insurance Information
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EXHIBIT A
REPRESENTATIVE APPROVAL FORM
PLEASE PRINT LEGIBLY
CONTRACTOR NAME:
REPRESENTATIVE: NAME:
ADDRESS:
CITY, STATE ZIP:
DATE OF BIRTH: PHONE#
EMAIL:
SIGNATURE OF REPRESENTATIVE: DATE
-- ---------------- --
CITY USE ONLY
CONTRACT #:
FINGERPRINTS: YES NO
BACKGROUND: O YES O NO
CLEARED
CLEARED TO O YES D NO
WORK
PHOTO TAKEN: = YES NO
CONTRACTOR O YES NO
NOTIFIED BY EMAIL
Culinary Cooking Kids A-1
EXHIBIT B
INSURANCE REQUIREMENTS
A. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
B. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City Risk Manager.
C. Coverage Requirements.
1. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
(a) Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
(b) In the event Contractor has no employees requiring Contractor to
provide Workers' Compensation insurance, Contractor shall so
certify to City in writing prior to City's execution of this Agreement.
2. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, with coverage at least as broad as provided by
Insurance Services Office form CG 00 01, in an amount not less than one
million dollars ($1,000,000) per occurrence. The policy shall cover liability
arising from premises, operations, personal and advertising injury, and
liability assumed under an insured contract (including the tort liability of
another assumed in a business contract) with no endorsement or
modification limiting the scope of coverage for liability assumed under a
contract.
(a) Contractor shall have the option of purchasing liability coverage
through the City of Newport Beach's Special Event insurance
Culinary Cooking Kids B-1
program, or through Southern California Municipal Athletic
Federation ("SCMAF") or providing its own coverage. If Contractor
elects to obtain its own coverage, said coverage must be as
outlined in this Exhibit.
(b) Please initial the statement that applies:
9rC/ Contractor shall provide a copy of the General
Liability Insurance with Additional Insured
Endorsement that meets the requirements contained
herein.
Contractor shall utilize City -provided insurance
through Southern California Municipal Athletic
Federation ("SCMAF") and will pay all required fees
billed on a quarterly basis by City. I have reviewed
the Contractor Handbook for complete information.
Please note that SCMAF does not provide coverage for
Worker's Compensation or Automobile Insurance
Liability.
3. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
1. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subcontractors.
2. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, but not including
professional liability, shall provide or be endorsed to provide that City and
its officers, officials, employees, agents, and volunteers shall be included
as insureds under such policies.
Culinary Cooking Kids B-2
3. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
4. Notice of Cancellation. All policies shall provide City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10) days
notice is required) or nonrenewal of coverage for each required coverage.
5. Subcontractors. Contractor shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and
Contractor shall ensure that City is an additional insured on insurance
required from subcontractors. For CGL coverage subcontractors shall
provide coverage with a format at least as broad as CG 20 38 04 13.
E. Additional Agreements Between the Parties. The parties hereby agree to the
following:
1. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by the City Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
2. City's Riqht to Revise Requirements. The City reserves the right at any
time during the term of the contract to change the amounts and types of
insurance required by giving Contractor sixty (60) days advance written
notice of such change. If such change results in substantial additional
cost to Contractor, City and Contractor may renegotiate Contractor's
compensation.
3. Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
4. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
contractor maintains higher limits than the minimums shown above, City
requires and shall be entitled to coverage for higher limits maintained by
Culinary Cooking Kids B-3
Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to City.
5. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
6. City Remedies for Non Compliance. If Contractor or any subcontractor
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this agreement, or to suspend Contractor's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Contractor or
reimbursed by Contractor upon demand.
7. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Agreement, and that involve or may
involve coverage under any of the required liability policies.
8. Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
Culinary Cooking Kids B-4
iv
AMENDMENT NO. ONE TO
INDEPENDENT CONTRACTOR AGREEMENT
This Amendment No. ONE to Independent Contractor Agreement ("Amendment
No. ONE") is made and entered into as of this 1 st day of May, 2014 ("Effective Date") by
and between the City of Newport Beach, a California municipal corporation and charter
city ("City"), and CULINARY COOKING KIDS, LLC a California limited liability
company ("Contractor") to provide the classes or programs in COOKING ("Class" or
"Program") hereby agreed upon, as scheduled and described in the Newport Navigator
and/or OASIS News, which is incorporated herein by this reference, and as approved in
writing by City.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. COMPENSATION
Section 2.3 of the Agreement is amended in its entirety and replaced with the
following:
"2.3 (If applicable) Contractors providing Classes at the After -School
Enrichment ("ACE") Programs shall be paid eighty percent (80%) of the amount of the
total enrollment fees collected, minus the non-resident fee for each class held."
2. INSURANCE
Section 7 of the Agreement is amended in its entirety and replaced with the
following:
' "Without limiting Contractor's indemnification of City, and prior to commencement
of any Class or Program, Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement or for other periods as specified in this
Agreement, policies of insurance of the type, amounts, terms and conditions described
in the Insurance Requirements attached hereto as Exhibit B, and incorporated herein by
reference."
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Amendment No. ONE to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNE rs OFFICE
Date: 5 -20- I
By:
Aaron C. Farip
City Attorney
ATTEST:
Date: �'aOA'a
By:
Lei ani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municip
Date: S :�.a.al corporation
. tom{ l c
By:
La Detweiler
R c eation and Senior Services Director
CONTRACTOR: CULINARY COOKING KIDS, LLC, a California limited liability
company
- n —
Signature at Print Name Print Title
r(x JPII A� M5!!q& Q�Y►b�,� ,Stint G�
Signature Da Print Name Print Title
[END OF SIGNATURES]
Attachments: Exhibit B-- Insurance Requirements
CULINARY COOKING KIDS, LLC Page 2
EXHIBIT B
INSURANCE REQUIREMENTS — INDEPENDENT CONTRACTOR FOR
RECREATION AND SENIOR SERVICES
1.1 Provision of Insurance. Without limiting Contractor's indemnification of
City, and prior to commencement of Work, Contractor shall obtain, provide
and maintain at its own expense during the term of this Agreement,
policies of insurance of the type and amounts described below and in a
form satisfactory to City. Contractor agrees to provide insurance in
accordance with requirements set forth here. If Contractor uses existing
coverage to comply and that coverage does not meet these requirements,
Contractor agrees to amend, supplement or endorse the existing
coverage.
1.2 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Contractor shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's
Liability Insurance with limits of at least one million dollars
($1,000,000) each accident for bodily injury by accident and each
employee for bodily injury by disease in accordance with the laws
of the State of California, Section 3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
1.3.1(a) In the event Contractor has no employees requiring the
Contractor to provide Workers' Compensation insurance,
Contractor shall so certify to City in writing prior to City's execution
of this Agreement.
1.3.2 General Liability Insurance. Contractor shall maintain commercial
general liability insurance, with coverage at least as broad as
provided by Insurance Services Office form CG 00 01, in an
amount not less than one million dollars ($1,000,000) per
occurrence. The policy shall cover liability arising from premises,
operations, personal and advertising injury, and liability assumed
under an insured contract (including the tort liability of another
assumed in a business contract) with no endorsement or
CULINARY COOKING KIDS, LLC Page B-1
modification limiting the scope of coverage for liability assumed
under a contract.
1.3.2 (a) Contractor shall have the option of purchasing liability
coverage through the City of Newport Beach's Special Event
insurance program, or through Southern California Municipal
Athletic Federation ("SCMAF") or providing its own coverage. If
Contractor elects to obtain its own coverage, said coverage must
be as outlined in this Exhibit.
Please initial the statement that applies:
Contractor shall provide a copy of the General
Liability Insurance with Additional Insured
Endorsement that meets the requirements contained
herein.
Contractor shall utilize City -provided insurance
through Southern California Municipal Athletic
Federation ("SCMAF") and will pay all required fees
billed on a quarterly basis by City. I have reviewed
the Contractor Handbook for complete information.
Please note that SCMAF does not provide coverage for
Worker's Compensation or Automobile Insurance
Liability.
1.3.3 Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services
Office form CA 00 01 covering bodily injury and property damage
for all activities of the Contractor arising out of or in connection with
Work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit
each accident.
1.4 Other Insurance Requirements.
The policies are to contain, or be endorsed to contain, the following
provisions:
1.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Contractor or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Contractor hereby waives its own right of recovery against
CULINARY COOKING KIDS, LLC Page B-2
City, and shall require similar written express waivers from each of
its subcontractors.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability,
but not including professional liability, shall provide or be endorsed
to provide that City and its officers, officials, employees, agents,
and volunteers shall be included as insureds under such policies.
1.4.3 Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance
or self-insurance maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten
(10) days notice is required) or nonrenewal of coverage for each
required coverage.
1.4.5 Subcontractors. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements
stated herein, and Contractor shall ensure that City is an additional
insured on insurance required from subcontractors. For CGL
coverage subcontractors shall provide coverage with a format at
least as broad as CG 20 38 04 13.
1.5 Additional Agreements Between the Parties.
The parties hereby agree to the following:
1.5.1 Evidence of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required
herein, along with a waiver of subrogation endorsement for
workers' compensation and other endorsements as specified herein
for each coverage. Insurance certificates and endorsement must
be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file
with City at all times during the term of this contract. City reserves
the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of the contract to change the amounts and
types of insurance required by giving the Contractor sixty (60) days
advance written notice of such change. If such change results in
substantial additional cost to the Contractor, the City and
Contractor may renegotiate Contractor's compensation.
1.5.3 Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Contractor of non-compliance with any requirement imposes
CULINARY COOKING KIDS, LLC Page B-3
no additional obligations on the City nor does it waive any rights
hereunder.
1.5.4 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type. If the contractor maintains higher limits
than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor.
Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the
City.
1.5.5 Self-insured Retentions. Any self-insured retentions must be
declared to and approved by City. City reserves the right to require
that self-insured retentions be eliminated, lowered, or replaced by a
deductible. Self-insurance will not be considered to comply with
these requirements unless approved by City.
1.5.6 City Remedies for Non Compliance If Contractor or any
subcontractor fails to provide and maintain insurance as required
herein, then City shall have the right but not the obligation, to
purchase such insurance, to terminate this agreement, or to
suspend Contractor's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or
reimbursed by Contractor upon demand.
1.5.7 Timely Notice of Claims. Contractor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or
result from Contractor's performance under this Agreement, and
that involve or may involve coverage under any of the required
liability policies.
1.5.8 Contractor's Insurance. Contractor shall also procure and
maintain, at its own cost and expense, any additional kinds of
insurance, which in its own judgment may be necessary for its
proper protection and prosecution of the Work.
CULINARY COOKING KIDS, LLC Page B-4
i
INDEPENDENT CONTRACTOR AGREEMENT
RECREATION INSTRUCTOR
This Independent Contractor Agreement ("Agreement") is made and entered into
as of this 1st day of January, 2013 ("Effective Date") by and between the City of
Newport Beach, a California Municipal Corporation and Charter City ("City"), and
Culinary Cooking Kids, LLC, a California limited liability company ("Contractor") to
provide the classes or programs in Cooking ("Class" or "Program") hereby agreed upon,
as scheduled and described in the Newport Navigator and/or OASIS News, which is
incorporated herein by this reference, and as approved in writing by the City.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2014 unless terminated earlier as provided herein,
2. COMPENSATION
2.1 City shall pay Contractor within twenty one (21) business days after the
last Class meeting. City shall pay the Contractor an amount equal to sixty (60%)
percent of the amount of the total enrollment fees collected, minus the non-resident fee
and a five dollar and no/100 ($5.00) per person administration fee for each Class held.
2.2 The City pays Contractors electronically; the Contractor shall be
responsible for ensuring an up to date "Direct Deposit Authorization Form" is on file with
the City.
2.3 (When applicable) Contractors providing Classes or Programs at Mariners
Elementary School and/or Newport Elementary School ("Schools") shall submit to the
City written notice of actual costs incurred in the performance of services under this
Agreement to conduct the Class or Program at the Schools. Subject to the City's
written acceptance of Contractor's actual costs, City shall reimburse the Contractor one
hundred percent (100%) of the actual costs incurred within twenty one (21) business
days after the last Class or Program meeting.
3. DUTIES OF CITY
3.1 Registration. City shall register all participants and shall collect all
enrollment fees. Contractor shall not accept enrollment fees directly from a participant
unless the City approves, in advance and in writing, the acceptance of enrollment fees
by the Contractor. Contractors shall only collect material fees that are pre -approved by
the City and published in advance in the Newport Navigator and/or the OASIS News (if
applicable). Such material fees shall be collected by Contractor at the first Class
meeting.
CULINARY••KIDS,
1
3.2 Publicity. City shall provide publicity for the Class in the Newport
Navigator (published on a quarterly basis) and/or the OASIS News (published on a
monthly basis). City shall have the sole discretion to decide what information will be
included in the Newport Navigator and/or the OASIS News about the Class and the
Contractor. Publicity may also include flyers created by the City or the Contractor.
Contractor created flyers must be approved in writing by the City before distribution.
3.3 Class Facility. City shall provide a location for the Class without charging
Contractor any rental fees, unless otherwise agreed by the parties. The Contractor will
request dates and times for the Classes and the City will inform the Contractor if the
facility is available. It is the Contractor's sole responsibility to request these
dates/times, the City will not schedule the Contractor's Classes for them.
3.4 Refund Processing. City shall provide refunds to participants when:
3.4.1 The participant drops the Class before the second Class meeting;
3.4.2 The participant drops a one (1) day or more workshop five (5)
business days before the workshop begins; or
3.4.3 The Class is canceled by the City or Contractor. In the latter
instance, the Contractor must provide the City with all required paperwork.
3.5 Class Roster, Sign -Out and Attendance Sheets. City shall provide Class
rosters, sign -out sheets and attendance sheets to Contractor online via
http://newportbeachca.gov/index.aspx?page=1432. Contractor is responsible for
requesting log -in and password information from the City.
4. CONTRACTOR DUTIES
4.1 Contractors. Contractor hereby certifies that he/she or any subcontractor,
representative or employee (collectively "Representatives") who will be teaching the
Class or assisting in teaching the Class are qualified to do so, and qualified to perform
the services described above and in the Program outline submitted to City. Contractor
is responsible for all Class curriculum development. Contractor is responsible for
training, supervising, evaluating, scheduling, and any other requirements by law for all
Representatives. Contractor warrants that it will continuously furnish the necessary
personnel to provide the Program or Classes as contemplated by this Agreement.
4.2 Representatives. Contractor shall provide the City with the name(s),
address(es) and phone number(s) of all Representatives who will be providing any
services pursuant to this Agreement. All Representatives of Contractor must comply
with the Fingerprint Policy (see Section 8). All Representatives must be able to provide
proof of legal right to work in the United States.
4.2.1 Representative Approval Form. Attached as Exhibit A, and
incorporated herein by reference, is the Representative Approval Form ("Form"). Each
Contractor Representative is required to obtain the written approval of the Recreation
and Senior Services Director prior to performing any services under this Agreement.
Prior to Contractor using any Representative to provide any services pursuant to this
Agreement, Contractor shall submit to the City a completed Form for each
CULINARY COOKING KIDS, LLC Page 2
Representative that Contractor desires to use to provide services pursuant to this
Agreement. Contractor, at the sole discretion of City, shall remove from the Program
any Representative assigned to the performance of services pursuant to this Agreement
upon written request of City.
4.3 Please initial the statement that applies:
❑ I will not be using Representatives or employees.
1 will be using Representatives. Any completed and approved Form
shall be incorporated herein by reference. Contractor shall not
authorize any Representative to provide services pursuant to this
Agreement unless and until the Recreation and Senior Services
Director has approved in writing the completed Form for that
individual Representative.
4.4 Subcontracting. Contractor shall not subcontract or assign any portion of
the rights, obligations or duties required under this Agreement, without first obtaining
prior written approval from the City. Subcontracts, if any, shall contain a provision.
making them subject to all provisions of this Agreement.
4.5 SupplieslEquipment. Contractor shall be responsible for providing all
supplies, equipment, personnel, materials, and any additional publicity desired for the
class, at Contractor's sole expense. Contractor shall also be responsible for repairing
and maintaining all equipment and supplies in good working condition.
4.6 Anti -Discrimination Laws. Contractor agrees and certifies that, except as
permitted by law, no person shall, on the grounds of race, religious creed, color,
national origin, ancestry, age, physical disability, mental disability, medical condition,
including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any
condition related thereto, marital status, sex, sexual orientation or any other
impermissible basis under the law, be excluded from participation in, or be denied the
benefits of the services provided pursuant to this Agreement, and Contractor agrees not
to discriminate on said grounds in the hiring and retention of employees and
Representatives, unless authorized under Section 12940 of the California Government
Code. Contractor shall, where applicable, conform to the requirements of the
Americans with Disabilities Act in the performance of this Agreement.
4.7 Class Size. Contractor shall determine the minimum and maximum
number of participants required for each Class to ensure the quality and safety of the
Class participants. Contractor or Contractor's authorized representative is required to
attend the first Class meeting of all Class offerings advertised in the Newport Navigator
and/or OASIS News unless Contractor cancels the Class three (3) business days prior
to the start date, with the prior written approval of City. In the event of such approved
cancellation, Contractor shall be responsible for informing all registered participants. In
the event that the minimum number of participants is not met by the first Class meeting,
the Class shall be cancelled and the Contractor shall not be compensated for attending
the first meeting or for any cancelled Class. Contractor shall not be obligated to provide
any additional services in regards to the cancelled Class. If the minimum number of
participants is met or exceeded, the Class shall be held as scheduled (even if any of the
CULINARY COOKING KIDS, LLC Page 3
initial participants subsequently drop the Class), subject to Section 14 of this
Agreement. If the demand is such that an additional Class could be offered, it shall be
taken under consideration and negotiated between City and Contractor. If class(es) are
cancelled for two (2) consecutive quarters due to lack of enrollment, the class will not be
scheduled again until City determines that public demand has increased.
4.8 Use of Non -City Facilities for Classes. if Contractor desires to conduct the
Class at his/her place of business, or some other non City -owned site or facility,
Contractor must:
and
4.8.1 Notify City at least twenty-four (24) hours in advance;
4.8.2 Provide sufficient parking for all participants;
4.8.3 Post signs at the site to direct participants to the location of class;
4.8.4 Allow access to City staff to the location when requested.
4.9 Absences. Contractor shall obtain permission from City one (1) week prior
to any planned absence from the class. In the event of illness, Contractor is required to
notify City and Participants twelve (12) hours prior to any Class cancellation.
4.9.1 City urges Contractor to get a substitute Representative whenever
possible instead of cancelling Classes. Contractor shall obtain City's prior written
approval of any substitute Representative. Any substitute Representative must have
completed a criminal background check pursuant to Section 8 prior to teaching any City
Programs or Classes and must have an authorized Representative Approval Form on
file with the City.
4.9.2 When cancelling a Class, Contractor shall contact all participants
as soon as possible.
4.10 Contact Information. Contractor is required to notify City in writing of any
name, address, telephone number, email, website or direct deposit payment changes
within forty eight (48) hours of such change.
4.11 Contractor Informational Meeting. Contractor or Contractor's authorized
Representative or employee shall attend the Annual "Contractor Informational Meeting"
that will be held in the Fall.
4.12 Camp Participant Emergency Waiver Form Requirements. All Contractors
who offer camps shall require all participants to complete and return to Contractor, or
his/her designee, on or before the first day of camp, a City issued "Emergency Contact
Information Form".
4.13 Sign -Out Sheets. All Camp Contractors with participants ages 10 years
and younger, must have a legal guardian sign out each Class participant after each
Class. Sign out sheets along with Attendance sheets are available to the Contractor
online through their instructor login.
CULINARY COOKING KIDS, LLC Page 4
4.14 Other Requirements. Contractors shall:
4.14.1 Cooperate fully with all reasonable requests from City staff;
4.14.2 Maintain the highest degree of participant safety possible;
4.14.3 Immediately report to the Recreation & Senior Services Office any
injuries as a result of Class participation;
4.14.4lniuries or Damages. Immediately report to the Recreation and
Senior Services Office any injuries as a result of Class participation, damages to the
classroom or Program facility that could cause potential injury to a Class participant,
and/or other needed maintenance repairs. Contact the Recreation and Senior Services
Office staff by phone or email;
4.14.5 Clear all participants from the designated Class area at the end of
Class time unless participants continue to use public City facilities for personal use
without conflict with other scheduled activities and in accordance with posted hours and
availability limitations;
4.14.6 Ensure that any music or sound system is kept at levels that will not
interfere with other classes or create a public disturbance/nuisance;
4.14.7 Close and secure the room or building at the end of each Class;
4.14.8 Turn off any lights, heat, air conditioning, or other utilities when
Class is finished;
4.14.9 Complete and return the quarterly "Contract Class Schedule"
requested by the City if Contractor wishes to be a part of the marketing materials;
4.14.10 Know facility rules and regulations and provide pertinent
information (i.e. refunds) to participants;
4.14.11 Pay a $20 lost key/replacement fee when Contractor
requests replacement key; and
4.14.12 Abide by all City policies and procedures including, but not
limited to, the requirements set forth in the Newport Navigator and OASIS News and the
current Contractor Handbook which is incorporated herein by this reference.
Contractor's signature on this Agreement signifies acknowledgement of receipt of the
Contractor Handbook.
4.15 Contractor Photo ID Badge. Contractors and their Representatives are
required to wear a City provided Contractor Photo ID Badge at all times while engaging
in services for the City. Contractor shall be required to pay $5.00 for any lost or
replacement Contractor Photo ID Badge. Contractor Photo ID Badges are distributed
upon renewal of their Agreement with City.
COOKINGCULINARY
S. NOTICES
5.1 Unless otherwise indicated, all notices, demands, requests or approvals,
including change of address notices, to be given under the terms of this Agreement
shall be given in writing, and conclusively shall be deemed served when delivered
personally, or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices,
demands, requests or approvals from Contractor to City shall be addressed to City at:
Attn: Raquel Valdez, Recreation Supervisor
Recreation & Senior Services Department
City of Newport Beach
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
Phone: 949-644-3156
E-mail: recreation@newportbeachca.gov
5.2 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at the contact information provided on page 13 of this
Agreement.
6. INDEPENDENT CONTRACTOR
The parties intend and agree that at all times during the performance of services
under this Agreement that Contractor shall act as an Independent Contractor and shall
not be considered an agent or employee of City. As such, Contractor shall have the
sole legal responsibility to remit all federal and state income and social security taxes
and to provide for his/her own workers compensation and unemployment insurance and
that of his/her Representatives. Contractor also agrees to provide liability insurance as
required by City and described more fully below. City shall not be liable for any
payment or compensation in any form to Contractor other than as provided herein. City
reserves the right to employ other independent contractors and Contractors who teach
the same or similar classes. City shall provide Contractor with IRS 1090 or other
applicable IRS forms at the end of the calendar year for all fees paid to Contractor.
7. INSURANCE
7.1 General Liability Insurance. Contractor must provide and maintain at all
times general liability insurance in an amount not less than one million dollars
($1,000,000) per occurrence for bodily injury, personal injury, and property damage.
The policy shall carry a general liability special endorsement naming the City of Newport
Beach, its elected or appointed officers, employees, agents and volunteers as additional
named insured in the amount of one million dollars ($1,000,000) per occurrence.
Evidence of insurance certificate shall be sent to the Recreation & Senior Services
Department and must be approved by the City Risk Management or their designee prior
to the first Class/day of instruction.
7.1.1 Contractor shall have the option of purchasing coverage through
the City of Newport Beach's Special Event insurance program, or through Southern
CULINARY COOKINGPage 6
California Municipal Athletic Federation ("SCMAF") or providing his/her own coverage.
If a Contractor elects to obtain his/her own coverage, said coverage must have the
policy limits described above and be provided by an insurance carrier with a Best's
Insurance Guide Rating of A- (or higher) and Financial Size Category Class of VII (or
larger).
7.1.2 Contractor's insurance coverage shall be primary insurance and/or
primary source of recovery as respects to City, its elected or appointed officers, agents,
officials, employees and volunteers with respect to all claims, losses or liability arising
directly or indirectly from the Contractor's operations or Service provided to the City.
Any insurance or self-insurance maintained by City, its officers, officials, employees and
volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
7.1.3 Said policy must also provide a written thirty (30) day notice of
cancellation (ten (10) day written notice for non-payment of premium) to the City of
Newport Beach Recreation & Senior Services department, at the following address:
P.O. Box 1768/ 3300 Newport Boulevard, Newport Beach, CA 92658.
7.2 Workers' Compensation Insurance. By executing this Agreement,
Contractor certifies that Contractor is aware of and will comply with Section 3700 of the
Labor Code of the State of California requiring every employer to be insured against
liability for workers' compensation or to undertake self-insurance before commencing
any work. Contractor shall carry the insurance or provide for self-insurance required by
California law to protect said Contractor from claims under the Workers' Compensation
Act.
7.2.1 The insurer issuing the Workers' Compensation insurance shall
amend its policy by endorsement to waive all rights of subrogation against the City, its
elected or appointed officers, agents, officials, employees and volunteers. Contractor
shall submit to City, along with the required certificate of insurance a copy of such
waiver of subrogation endorsement.
7.2.2 In the event Contractor has no employees requiring Contractor to
provide Workers' Compensation insurance, Contractor shall so certify to City in writing
prior to City's execution of this Agreement.
7.3 Automobile Liability Coverage. Contractor shall maintain automobile
insurance covering bodily injury and property damage for all activities of the Contractor
arising out of or in connection with work to be performed under this Agreement,
including coverage for any owned, hired, non -owned or rented vehicles, in an amount
not less than one million dollars ($1,000,000) combined single limit for each occurrence,
or as approved by the City's Risk Manager or his/her designee.
7.4 Please initial the statement that applies:
Contractor is providing a copy of the General Liability Insurance with
Additional Insured Endorsement that meets the above requirements.
❑ Contractor shall be utilizing the City provided insurance through
Southern California Municipal Athletic Federation ("SCMAF") and will
CULINARY COOKING KIDS, LLC Page 7_
pay all required fees billed on a quarterly basis by the City. I have
reviewed the Contract Contractor Handbook for complete
information. Please note that SCMAF does not provide coverage for
Worker's Compensation or Automobile Insurance Liability.
8. FINGERPRINTS AND CRIMINAL BACKGROUND CHECK
8.1 All Contractors and their Representatives must submit to and pass a
criminal background investigation by providing a complete set of fingerprints to the City
at least thirty (30) calendar days prior to teaching, substituting for Contractor, or
assisting with any Class. Such Contractors and their Representatives are required to
submit fees in the amount of up $73 per person to the City of Newport Beach,
Recreation and Senior Services Department, to cover all costs associated with
fingerprinting through the City of Newport Beach Police Department and the Department
of Justice. Fingerprints may be required to be updated every five (5) years.
8.2 In addition, all Classes involving minors age seventeen (17) or younger
must be taught in an open atmosphere where parents and guardians are able to
observe Class instruction, if so desired. At no time can the parent or guardian of a
minor be denied access to a Class.
9.1 Unless the Program specifically involves travel or transportation of minors
to an offsite location, Contractor, or Contractor's Representatives, shall not transport
any minor participant by vehicle or otherwise.
9.2 If, after the conclusion of any Class session, a minor participant has not
been picked up, Contractor shall make every effort to contact the minor participant's
parent, legal guardian, or other authorized individual to whom the minor may be
released. If no contact can be made with any of the above individuals, Contractor shall
contact the City Recreation Supervisor or Recreation Manager at the Recreation &
Senior Services Office at (949) 644-3151 (Monday through Friday, 8 a.m. to 5 p.m.), or
the Park Patrol Division at (949) 795-2381 (Monday through Friday, 5 p.m. to 9 p.m, and
Saturday and Sunday, 9 a.m. to 5 p.m.). During all other hours, Contractor shall contact
the Watch Commander at the Newport Beach Police Department for assistance at (949)
644-3730.
10. CONFIDENTIALITY; OWNERSHIP OF DOCUMENTS
All Class rosters, participant addresses and contact information, and any other
such information or documents compiled by City and provided to Contractor, shall
remain the property of City. Contractor shall not release such information to others
without the prior written authorization by City. Contractor shall not use such information
for any other purpose than those authorized by City. All Class rosters, Class participant
addresses and contact information, shall be used by the Contractor solely for
administration of Classes and performing City business. Contractor will take reasonable
steps consistent with the law to prevent distribution of such information. Contractor's
obligations under this Section shall survive the termination of this Agreement.
CULINARYs•KIDS,Page 8
11. USE OF NAMES AND LOGOS; ADVERTISING, PRESS RELEASES AND
PUBLICITY
Contractor shall not include City's name, logos or insignia, or photographs of the
Class site or participants, in any publicity pertaining to Contractor's services or Class in
any magazine, trade paper, newspaper, radio or television production, Internet, or other
printed or electronic medium without the prior written consent of City and participants.
12. BUSINESS LICENSE
Newport Beach Municipal Code Chapter 5.04 provides that every business
operating in the City must obtain a business license prior to conducting business in the
City, and pay the required business license fee. This ordinance applies to businesses
operating at commercial or residential locations within the City, or using a City of
Newport Beach address or P.O. Box for receiving mail. The City Business License Fee
is an annual tax, due every twelve (12) months. Contractor agrees to obtain a City
business license as required by Chapter 5.04 and provide proof of compliance annually.
Business License Applications are available in the Revenue Division Office in Newport
Beach City Hall. In certain circumstances, Contractor may be eligible for paying a
reduced Business License Tax, which is known as an Apportioned Business Tax. A
Declaration for Apportioned Business Tax is available in the Revenue Division Office at
City Hall. A copy of your Business License must be submitted with this Contract.
All Contractors must have a valid business license.
13. INDEMNIFICATION
13.1 General. Contractor shall indemnify, defend and hold harmless City, its
elected and appointed officers, employees, agents, representatives, the City Council,
boards and commissions ("Indemnified Parties") 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
Contractor, his or her employees, representatives, officers and agents in the course of
performing services under this Agreement; however, Contractor shall not be required to
indemnify City from any claim arising from the sole negligence or willful misconduct of
the Indemnified Parties.
13.2 Intellectual Property. Contractor shall defend, indemnify, and hold
harmless the Indemnified Parties from any claim of infringement or other proceedings
brought against City for any intentional or unintentional violation by Contractor of the
legally protected rights of any third parties, with respect to works performed, logos
displayed, or written or digital materials provided by Contractor and used during the
performance of this Agreement. Such legally protected rights of third parties include but
are not limited to trade secrets, moral rights, proprietary acts, U.S. patents, trademarks,
service marks and copyrights vested or issued as of the effective date of this
Agreement. If Contractor will be providing a public performance of musical
compositions or arrangements that are subject to a license held by a third party, it is the
responsibility of Contractor to obtain the appropriate license to perform the material prior
to the public performance.
CULINARY COOKING KIDS, LLC Page 9
M 94:4J,IIz/t111N7z
City has the right, at its sole discretion and with or without cause, to terminate
this Agreement at any time by giving three (3) calendar days prior written notice to
Contractor. In the event of termination under this Section, City shall pay Contractor on
a prorated basis for any Classes or Programs that were actually taught by Contractor, if
any, up to the effective date of termination.
15. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under the Agreement, Contractor shall submit to City in
writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and the City expressly agree that in addition to all claims filing
requirements set forth in the Agreement, the Contractor shall be required to file any
claim the Contractor may have against the City in strict conformance with the
Government Claims Act (Govt. Code §§ 900 et seq.).
16. STANDARD PROVISIONS
16.1 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
16.2 Waiver. A waiver by City of any term, covenant, or condition in the
Agreement shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
16.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and Agreements of whatsoever kind or nature are merged
herein. No verbal Contract or implied covenant shall be held to vary the provisions
herein.
16.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
16.5 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
16.6 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
CULINARY C06KING KIDS,`.r' 10
M
16.7 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
16.8 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
16.9 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
16.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
16.11 Counterparts, This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
CULINARY COOKING KIDS, LLC Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: II/a/,14L
By:
Aar C. Harp
City Attorney \1
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:t2-
BY= - •r '
L ra Detweiler
Re re tion & Senio Services Director
ATTEST:
Date:
SEW PORT
By: O O�
Leilani . Brown _
City Clerk U
CONTRACTOR: Culling y Cooking Kids, LLC nuc°RNA
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Signature Date Print Name Print Tide
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Signature Date Print Name Print Title
[END OF SIGNATURES]
Attachments: Exhibit A—Representative Approval Form
f lus Wal haredWc /ting likcontracl template Wl alion IemplalesNakpen*nt wnhadora mens recreation insImclo,
template Nnal.da& -
CULINARY COOKING KIDS, LLC - - Page 12
EXHIBIT A
REPRESENTATIVE%SUBCONTRACTOR APPROVAL FORM
PLEASE PRINT LEGIBLY
CONTRACTOR NAME:
SUBCONTRACTOR NAME:
ADDRESS:
CITY, STATE. ZIP:
DATE OF BIRTH: PHONE#
EMAIL:
SIGNATURE OF CONTRACTOR: DATE
+ CFFYUSEONLY
CONTRACT #:
FINGERPRINTS
PAID FOR:
YES
l-�
NO
STAFF SIGNATURE/DATF,
BACKGROUND:
YES
NO
CLEARED
STAFF SIGNATURE/DATE
CLEARED TO
YES
NO
WORK
STAFF SIGNATURE
DATE RECEIVED
PHoTo TAKEN:
O
YES
NO
STAFFSIGNATURE/DATE
CONTRACTOR
YES
NO
NOTIFIED BY EMAIL
STAFF SIGNATURE/DATE
LAURA DETWEILER, DIRECTOR
RECREATION & SENIOR SERV[CES DEPARTMENT
DATE
AMENDMENT NO. 1
TO CITY OF NEWPORT BEACH
RECREATION & SENIOR SERVICES DEPARTMENT
IIII INDEPENDENT CONTRACTOR AGREEMENT
WITH CULINARY COOKING KIDS, LLC.
This AMENDMENT NO. 1 TO INDEPENDENWCONT CTOR AGREEMENT
("Amendment No. 1") is made and entered into as of2011 by and between
the CITY OF NEWPORT BEACH, a California Muniction and Charter City
("City"), and Culinary Cooking Kids LLC, a California limited liability company,
("Contractor") to provide the classes or programs in Youth Enrichment ("Class" or
"Program") hereby agreed upon, as scheduled and described in the Newport Navigator
and/or OASIS News, which is incorporated herein by this reference, and as approved in
writing by the City.
RECITALS:
� iarr I
A. On �Ltiib�,-t 2010, City and Contractor entered into a Independent Contractor
Agreement ("Agreement') A reement to provide classes programs in Youth Enrichment.
9 ( 9 ) P P 9
B. City desires to enter into this Amendment No. 1 to add to the introductory
paragraph under paragraph 1 section 2 under Compensation for additional
enrichment classes that are taught at Newport Elementary School and/or
Mariners Elementary School ("Schools"); and that programs that are
conducted at these Schools will not be advertised in the Newport Navigator
and/or OASIS News.
C. City and Contractor mutually agree to amend the Agreement, as provided below:
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
COMPENSATION
The introductory paragraph to Section 2 of the Agreement shall be amended in its
entirety and replaced with the following:
City shall pay Contractor within twenty one (21) business days after the last Class
meeting. City shall pay the Contractor an amount equal to sixty percent (60%) of the
amount of the total enrollment fees collected, minus the non-resident fee and a five
dollar and no/100 ($5.00) per person administration fee for each Class held.
When working at Mariners Elementary School and/or Newport Elementary School
("Schools") Contractor will forward "actual" costs in writing to conduct classes at
Schools; once City has agreed to these costs in writing City will add overhead costs to
the program and at the end of each session City will pay Contractor one hundred
percent (100%) of the "actual' costs as submitted in writing and agreed to by the City.
Contractor acknowledges that these programs at the Schools will not be advertised in
the Newport Navigator and/or OASIS News.
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in Agreement shall remain unchanged and shall be in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year written below.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
01
Date: 141OW11
By:
y owen
Assistant City Attorney
ATTEST: II
Date: �' 1
+�
brown,Leilani
CITY OF NEWPORT BEACH,
A California Municipal Corporation
Date: %0-4- %'%
10
Detweiier\,Qirector
3tion & Senior Services
CONTRACTOR: CULINARY COOKING KIDS, LLC.
By: Vly i F a v 4 Z¢/J
Signature Date
By 01 -21-41
Signature Date
Print Name and Title:��`�J W
Print Name and Title: Aai r" 97li-,%
i
TWO CORPORATION OFFICER SIGNATURES MANDATORY
CITY OF NEWPORT BEACH
Recreation & Senior Services Department
INDEPENDENT CONTRACTOR AGREEMENT
This Independent Contractor Agreement ("Agreement') is made and entered into
as of October 1, 2010 by and between the City of Newport Beach, a California
Municipal Corporation and Charter City ("City"), and Culinary Cooking Kids LLC, a
California limited liability company, ("Contractor") to provide the classes or programs in
Youth Enrichment (°Class" or "Program") hereby agreed upon, as scheduled and
described in the Newport Navigator and/or OASIS News, which is incorporated herein
by this reference, and as approved in writing by the City.
.NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 315t day of December 2012 unless terminated earlier as provided
herein.
2. COMPENSATION
City shall pay Contractor within twenty one (21) business days after the last Class
meeting. City shall pay the Contractor an amount equal to sixty percent (60%) of the
amount of the total enrollment fees collected, minus the non-resident fee and a five
dollar and no/100 ($5.00) per person administration fee for each Class held.
City may renegotiate compensation with Contractor anytime during the term of this
Agreement, during the period that the Class is conducted should Contractor fail to
perform any of the terms contemplated herein.
The City pays Contractors electronically; the Contractor shall complete and return with
the contract documents the "Direct Deposit Authorization Form."
3. DUTIES OF CITY
A. Registration. City shall register all participants for classes and shall collect all
enrollment fees. Contractor shall not accept enrollment fees directly from a
participant unless the City approves, in advance and in writing, the acceptance of
enrollment fees by the Contractor. Contractors shall only collect material fees
that are pre -approved by the City and published in advance in the Newport
Navigator and/or the OASIS News (if applicable). Such material fees shall be
collected by Contractor at the first class meeting.
B. Publicity. City shall provide publicity for the Class in the Newport Navigator
(published on a quarterly basis) and/or the OASIS News (published on a monthly
basis). City shall have the sole discretion to decide what information will be
included in the Newport Navigator and/or the OASIS News about the Class and
the Contractor. Publicity may also include flyers created by the City or the
Contractor. Contractor created flyers must be approved in writing by the City
before distribution.
C. Class Facility. City shall provide a location for the Class without charging
Contractor any rental fees, unless otherwise agreed by the parties. The
Contractor will request dates and times for the Classes; the City will inform the
Contractor if the facility is available. It is the Contractor's sole responsibility to
request these dates/times, the City will not schedule the Contractors Classes for
them.
D. Refund Processing.
City shall provide refunds to participants when:
i. The participant drops the class before the second class meeting;
ii. The participant drops a one (1) day or more workshop five (5) business
days before the workshop begins; or
iii. The class is canceled by the City or Contractor. In this instance, the
Contractor must provide the City with all required paperwork.
E. Class Roster, Sign -Out and Attendance Sheets. City shall provide class rosters,
sign -out sheets and attendance sheets to Contractor online via
http://newportbeachca.gov/index.aspx?page=1432. Contractor is responsible for
requesting a log -in and password from the City.
4. CONTRACTOR DUTIES
A. Contractors. Contractor hereby certifies that he/she or any contractor,
representatives, or employee who will be teaching the Class or assisting in
teaching the Class is qualified to do so, and qualified to perform the services
described above and in the course outline submitted to City. Contractor is
responsible for all class curriculum development.
City staff must approve in writing all assigned contractors, representatives and
employees prior to any of them performing any services under this Agreement.
The City requires the Contractors and all representatives and employees of the
Contractor to be fingerprinted prior to performing services under this Agreement
in accordance with Section 8 below. A current roster of Contractors,
representatives, and employees must be provided prior to City approval of new
contractors, representatives and employees. All Contractors must be able to
provide proof of legal right to work in the United States. Contractor is responsible
CULINARY COOKING KIDS LLC Page 2
for training, supervising, evaluating, scheduling, and any other requirements by
law for all contractors, representatives, and employees
B. Representatives/Employees. Contractor shall provide the City with the Name(s),
Addresses) and Phone Number(s) of all representatives or employees who will
be providing any services pursuant to this Agreement. All representatives or
employees must comply with the fingerprint policy (Section 8).
Please initial the statement that applies:
I will not be using representatives or employees.
I will be using representatives or employees. Attached please find as
Exhibit A, and incorporated herein by reference the full names, addresses
and phone numbers of all representatives or employees who will be
providing any services pursuant to this Agreement.
Contractor shall not subcontract or assign any portion of the rights, obligations or
duties required under this Agreement, without first obtaining prior written
approval from the City. Subcontracts, if any, shall contain a provision making
them subject to all provisions of this Agreement.
C. Supplies/Equipment. Contractor shall be responsible for providing all supplies,
equipment, personnel, materials, and any additional publicity desired for the
class, at Contractor's sole expense. Contractor shall also be responsible for
repairing and maintaining all equipment and supplies in good working condition.
D. Anti -Discrimination Laws. Contractor agrees and certifies that, except as
permitted by law, no person shall, on the grounds of race, religious creed, color,
national origin, ancestry, age, physical disability, mental disability, medical
condition including the medical condition of Acquired Immune Deficiency
Syndrome (AIDS) or any condition related thereto, marital status, sex or sexual
orientation, be excluded from participation in or be denied the benefits of the
services provided pursuant to this Agreement, and Contractor agrees not to
discriminate on said grounds in the hiring and retention of employees and
representatives, unless authorized under Section 12940 of the California
Government Code. Contractor shall, where applicable, conform to the
requirements of the Americans with Disabilities Act in the performance of this
Agreement.
E. Class Size. Contractor shall determine the minimum and maximum number of
participants required for each class to ensure the quality and, safety of the class.
Contractor or Contractor's authorized representative is required to attend the first
Class meeting of all Class offerings advertised in the Newport Navigator and/or
OASIS News unless Contractor cancels the Class three (3) business days prior
to the start date, with the prior written approval of City. In the event of such
CULINARY COOKING KIDS LLC Page 3
approved cancellation, Contractor shall be responsible for informing all registered
participants. In the event that the minimum number of participants is not met by
the first Class meeting, the Class shall be cancelled and the Contractor shall not
be compensated for attending the first meeting or for any cancelled Class.
Contractor shall not be obligated to provide any additional services in regards to
the cancelled Class. If the minimum number of participants is met or exceeded,
the Class shall be held as scheduled (even if any of the initial participants
subsequently drop the Class), subject to paragraph 14 of this Agreement. If the
demand is such that an additional Class could be offered, it shall be taken under
consideration and negotiated between City and Contractor. If class(es) are
cancelled for two (2) consecutive quarters due to lack of enrollment, the class will
not be scheduled again until City determines that public demand has increased.
F. Use of Non -City Facilities for Classes. If Contractor desires to conduct the Class
at his/her place of business, or some other non City -owned site or facility,
Contractor must:
i. Notify City at least twenty-four (24) hours in advance;
ii. Provide sufficient parking for all participants;
iii. Post signs at the site to direct participants to the location of class; and
iv. Allow access to City staff to the location when requested.
G. Absences. Contractor shall obtain permission from City one (1) week prior to any
planned absence from the class. In the event of illness, Contractor is required to
notify City and Participants twelve (12) hours prior to any class cancellation.
City urges Contractor to get a substitute, whenever possible, instead of
cancelling Classes. Contractor shall obtain City's prior written approval of any
substitute Contractor. Any substitute contractor, representative or employee must
have completed a criminal background check pursuant to Paragraph 8 prior to
teaching any City programs or Classes.
When cancelling a Class, Contractor shall contact all participants as soon as
possible.
H. Contact Information. Contractor is required to notify City in writing of any name,
address, telephone number, email, website or direct deposit payment changes
within 48 hours of such change.
I. Contractor Informational Meeting. Contractor or Contractor's authorized
representative or employee shall attend the Annual Contractor Informational
Meeting that will be held in October 2011.
J. Camp Participant Emergency Waiver Form Requirements. All Contractors who
offer camps shall require all participants to complete and return to Contractor, or
CULINARY COOKING KIDS LLC Page 4
his/her designee on or before the first day of camp a City issued "Emergency
Contact Information Form'.
K. Sign -Out Sheets. All Camp Contractors with participants ages 10 years and
younger, must have a legal guardian sign out each Class participant after each
Class. Sign out sheets along with Attendance sheets are available to the
Contractor online via htto://newr)ortbeachca.00v/index.asr)x?oaae=1432.
L. Other Requirements. Contractors shall:
I. Cooperate fully with all reasonable requests from City staff.
ii. Maintain the highest degree of participant safety possible.
iii. Immediately report to the Recreation & Senior Services Office ahy injuries as
a result of Class participation.
iv. Immediately report to the Recreation & Senior Services Office any damage to
the classroom or program facility that could cause potential injury to a Class
participant, or other needed maintenance repairs.
V. Contact participants, if/when a Class is cancelled and confirm all
cancellations and/or make-up classes, in writing, with City staff.
vi. Clear all participants from the designated Class area at the end of Class time
unless participants continue to use public City facilities for personal use
without conflict with other scheduled activities and in accordance with posted
hours and availability limitations.
vii. Ensure that any music or sound system is kept at levels that will not interfere
with other classes or create a public disturbance/nuisance.
viii. Close and secure the room or building at the end of each Class.
ix. Turn off any lights, heat, air "conditioning, or other utilities when Class is
finished.
X. Schedule make-up Classes in advance.
A. Complete and return the quarterly "Contract Class Schedule" requested by
the City if Contractor wishes to be a part of the marketing materials.
xii. Know facility rules and regulations and provide pertinent information (i.e.
refunds) to participants.
xiii. Pay a $20 lost key/replacement fee when Contractor requests replacement
key.
xiv. Abide by all City policies and procedures including, but not limited to, the
requirements set forth in the Newport Navigator and OASIS News and the
Contractor Handbook which is attached hereto and incorporated by this
reference.
M. Contractor Photo ID Badge. Contractors and their employees/representatives
are required to wear a City provided Contractor Photo ID Badge at all times while
engaging in services for the City. Contractor shall be required to pay five dollars
and no/100 ($5.00) for any lostfreplacement Contractor Photo ID Badge.
Contractor Photo ID Badges are distributed upon renewal of Agreement with
City.
CULINARY COOKING KIDS LLC Page 5
5. INDEPENDENT CONTRACTOR
The parties intend and agree that at all times during the performance of services under
this Agreement; Contractor shall act as an Independent Contractor and shall not be
considered an agent or employee of City. As such, Contractor shall have the sole legal
responsibility to remit all federal and state income and social security taxes and to
provide for his/her own workers compensation and unemployment insurance and that of
his/her employees or representative. Contractor also agrees to provide liability
insurance as required by City and described more fully below. City shall not be liable
for any payment or compensation in any form to Contractor other than as provided
herein. City reserves the right to employ other independent contractors and Contractors
who teach the same or similar classes. City shall provide Contractor with IRS 1090 or
other applicable IRS forms at the end of the calendar year for all fees paid to
Contractor.
6. INSURANCE
A. General Liability Insurance. Contractor must provide and maintain at all times
general liability insurance in an amount not less than one million dollars
($1,000,000) per occurrence for bodily injury, personal injury, and property
damage. The policy shall cant' a general liability special endorsement naming
the City of Newport Beach, its elected or appointed officers, employees, agents
and volunteers as additional named insured in the amount of one million dollars
($1,000,000) per occurrence. Evidence of insurance certificate shall be sent to
the Recreation & Senior Services Department and must be approved by the City
Risk Management or their designee prior to the first Class/day of instruction.
Contractor shall have the option of purchasing coverage through the City of
Newport Beach's Special Event insurance program, or providing his/her own
coverage: If a Contractor elects to obtain his/her own coverage, said coverage
must have the policy limits described above and be provided by an insurance
carrier with a Best's Insurance. Guide Rating of A- (or higher) and Financial Size
Category Class of VII (or larger). Said policy must also provide a written thirty
(30) day notice of cancellation (ten (10) day written notice for non-payment of
premium) to the City of Newport Beach Recreation & Senior Services
Department, at the following address: P.O. Box 1768/ 3300 Newport Boulevard,
Newport Beach, CA 92658.
B. Workers' Compensation Insurance. By executing this Agreement, Contractor
certifies that Contractor is aware of and will comply with Section 3700 of the
Labor Code of the State of California requiring every employer to be insured
against liability for workers' compensation or to undertake self-insurance before
commencing any work. Contractor shall carry the insurance or provide for self-
insurance required by California law to protect said Contractor from claims under
the Workers' Compensation Act.
CULINARY COOKING KIDS LLC Page 6
C. Automobile Liability Coverage. Contractor shall maintain automobile insurance
covering bodily injury and property damage for all activities of the Contractor
arising out of or in connection with work to be performed under this Agreement,
including coverage for any owned, hired, non -owned or rented vehicles, in an
amount not less than one million dollars ($1,000,000) combined single limit for
each occurrence, or as approved by Risk Management or their designee.
Please initial the statement that applies:
Contractor is providing a copy of the General Liability Insurance with
Additional Insured Endorsement that meets the above requirements.
Contractor shall be utilizing the City provided insurance through
Southern California Municipal Athletic Federation ("SCMAF") and will
pay all required fees billed on a quarterly basis by the City. 1 have
reviewed the Contract Contractor Handbook for complete
information. Please note that SCMAF does not provide coverage for
Worker's Compensation or Automobile Insurance Liability.
7. COMPLIANCE WITH ALL LAWS
Contractor, and his/her employees, agents and representatives shall at all times
observe and comply with all laws, ordinances and regulations.
8. FINGERPRINTS AND CRIMINAL BACKGROUND CHECK
All Contractors and their employees, agents and representatives must submit to and
pass a criminal background investigation by providing a complete set of fingerprints to
the City at least thirty (30) calendar days prior to teaching, substituting for contractor or
assisting with any Class. Such Contractors and their employees, agents and
representatives are required to submit fees in the amount of up seventy three dollars
and no/100 ($73) per person to the City of Newport Beach, Recreation & Senior
Services Department, to cover all costs associated with fingerprinting through the City of
Newport Beach Police Department and the Department of Justice. Fingerprints may be
required to be updated every five (5) years.
In addition, all Classes involving minors age seventeen (17) or younger must be taught
in an open atmosphere where parents and guardians are able to observe Class
instruction, if so desired. At no time can the parent or guardian of a minor be denied
access to a Class. By signing this Agreement, Contractor agrees to the provisions of
this Paragraph.
CULINARY COOKING KIDS LLC Page 7
9. TRANSPORTING OF MINOR PARTICIPANTS
Unless the Program specifically involves travel or transportation of minors to an offsite
location, Contractor, or Contractor's employees, agents or representatives, shall not
transport any minor participant by vehicle or otherwise.
If, after the conclusion of any Class session, a minor participant has not been picked up,
Contractor shall make every effort to contact the minor participant's parent, legal
guardian, or other authorized individual to whom the minor may be released. If no
contact can be made with any of the above individuals, Contractor shall contact the City
Recreation Supervisor or Recreation Manager at the Recreation & Senior Services
Office at 949-644-3151 (Monday through Friday, 8am to 5pm.), or the Park Patrol
Division at 949-795-2381 (Monday through Friday, 5 to 9pm, and Saturday and Sunday,
9am to 5pm.) During all other hours, Contractor shall contact the Watch Commander at
the Newport Beach Police Department for assistance at 949-644-3730.
10. CONFIDENTIALITY; OWNERSHIP OF DOCUMENTS
All Class rosters, participant addresses and contact information, and any other such
information or documents compiled by City and provided to Contractor, shall remain the
property of City. Contractor shall not release such information to others without the
prior written authorization by City. Contractor shall not use such information for any
other purpose than those authorized by City. All Class rosters, Class participant
addresses and contact information, shall be used by the Contractor solely for
administration of Classes and performing City business. Contractor will take reasonable
steps consistent with the law to prevent distribution of such information. Contractor's
obligations under this paragraph shall survive the termination of this Agreement.
11. USE OF NAMES AND LOGOS; ADVERTISING, PRESS RELEASES AND
PUBLICITY
Contractor shall not include City's name, logos or insignia, or photographs of the Class
site or participants, in any publicity pertaining to Contractor's services or Class in any
magazine, trade paper, newspaper, radio or television production, Internet, or other
printed or electronic medium without the prior written consent of City and participants.
12. BUSINESS LICENSE
Newport Beach Municipal Code Chapter 5.04 provides that every business operating in
the City must obtain a business license prior to conducting business in the City, and pay
the required business license fee. This ordinance applies to businesses operating at
commercial or residential locations within the City, or using a City of Newport Beach
address or P.O. Box for receiving mail. The City Business License Fee is an annual
tax, due every twelve (12) months. Contractor agrees to obtain a City business license
as required by Chapter 5.04 and provide proof of compliance annually. Business
License Applications are available in the Revenue Division Office in Newport Beach City
CULINARY COOKING KIDS LLC Page 8
Hall. In certain circumstances, Contractor may be eligible for paying a reduced
Business License Tax, which is known as an Apportioned Business Tax. A Declaration
for Apportioned Business Tax is available in the Revenue Division Office at City Hall. A
copy of your Business License must be submitted with this Contract All
Contractors must have a valid business license.
13. INDEMNIFICATION
General. Contractor shall indemnify, defend and hold harmless City, its elected and
appointed officers, employees, agents, representatives, the City Council, boards and
commissions ('Indemnified Parties") 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 Contractor, his or
her employees, representatives, officers and agents in the course of performing
services under this Agreement; however, Contractor shall not be required to indemnify
City from any claim arising from the sole negligence or willful misconduct of the
Indemnified Parties.
Intellectual Property. Contractor shall defend, indemnify, and hold harmless the
Indemnified Parties from any claim of infringement or other proceedings brought against
City for any intentional or unintentional violation by Contractor of the legally protected
rights of any third parties, with respect to works performed, logos displayed, or written or
digital materials provided by Contractor and used during the performance of this
Agreement. Such legally protected rights of third parties include but are not limited to
trade secrets, moral rights, proprietary acts, U.S. patents, trademarks, service marks
and copyrights vested or issued as of the effective date of this Agreement. If Contractor
will be providing a public performance of musical compositions or arrangements that are
subject to a license held by a third party, it is the responsibility of Contractor to obtain
the appropriate license to perform the material prior to the public performance.
14. TERMINATION
City has the right, at its sole discretion and with or without cause, to terminate this
Agreement at any time by giving three (3) calendar days prior written notice to
Contractor. In the event of termination under this Section, City shall pay Contractor on
a prorated basis for any Classes or Programs that were actually taught by Contractor, if
any, up to the effective date of termination.
15. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it. Any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
CULINARY COOKING KIDS LLC Page 9
16. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Contractor and City and approved as to form by the City Attorney.
17. INTERPRETATION
The terms of this Agreement shall be construed
language used and shall not be construed for c
authorship of this Agreement or any other rule
apply.
18. INTEGRATED CONTRACT
in accordance with the meaning of the
r against either party by reason of the
of construction which might otherwise
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties, and all preliminary negotiations and agreements are
merged herein. No verbal agreement or implied covenant shall be held to vary the
provisions herein.
19. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
20. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different
character.
21. CLAIMS
The Contractor and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Contractor shall be
required to file any claim the Contractor may have against the City in strict conformance
with the Government Tort Claims Act (Government Code sections 900 at seq.).
CULINARY COOKING KIDS LLC Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year written below.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
01
Date: 141OW11
By:
y owen
Assistant City Attorney
ATTEST: II
Date: �' 1
+�
brown,Leilani
CITY OF NEWPORT BEACH,
A California Municipal Corporation
Date: %0-4- %'%
10
Detweiier\,Qirector
3tion & Senior Services
CONTRACTOR: CULINARY COOKING KIDS, LLC.
By: Vly i E a/v q_4ZU/1
Signature Date
By 01 -21-41
Signature Date
Print Name and Title:��`�J W
Print Name and Title: Aai r 97li-,% CO nr
i
TWO CORPORATION OFFICER SIGNATURES MANDATORY
INSTRUCTIONS FOR INDEPENDENT CONTRACTORS
Prior to submitting your completed contract package to the City, please ensure the
following documents are completed and/or enclosed:
1. Three copies of the signed contract (a completed original contract will be
mailed back for your records after processing)
2. Initial the appropriate statement on Page 3 and Complete Exhibit A as
appropriate.
3. Copy of valid City of Newport Beach Business License; and
4. Initial the appropriate statement on Page 7 and enclosed Evidence of
Insurance (refer to Section 6 of the Contract).
General Liability Insurance Certificate with Additional Insured
Endorsement if not using SCMAF Insurance Plan; Workers Compensation
Coverage; Automobile Insurance Coverage
f�CITY OF NEWPORT BEACH
Recreation & Senior Services Department
INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into as of this 6`" day of April 2010 by and between the City of
Newport Beach, California, a Municipal Corporation and Charter City ("City"), and Culinary Cooking Kids
LLC a limited liability California corporation (Instructor) to provide the Gasses or programs in youth
cooking classes hereby agreed upon, as scheduled and described in the Newport Navigator, which is
incorporated herein by this reference, and as approved in writing by the City.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
TERM
The term of this Agreement shall commence on the above written date, and shall terminate on the
30'" day of September 2010 unless terminated earlier as provided herein.
2. COMPENSATION
City will pay Instructor within 21 business days after their last class meeting. City will pay the
Instructor the following percentages of the amount of the total enrollment fees collected below,
minus the non-resident fee and a $3 per person administration fee for each Gass held:
Classes/Programs/Camps — 659/9
Classes/Programs/Camps at Newport Coast Community Center— 60%
City may renegotiate compensation with Instructor anytime during the term of this Agreement, if the
City has to take on additional responsibility.
3. DUTIES OF CITY
A. Registration. City shall register all participants for classes and collect all enrollment fees.
Instructor shall not accept enrollment fees directly from a participant unless the City
approves, in writing, the acceptance of enrollment fees by the Instructor. Instructors shall
only collect materials fees that are pre -approved by the City and published in advance in the
Newport Navigator. Such materials fees should be collected by Instructor at the first class
meeting.
B. Publicity. City shall provide publicity for the Gass in the Newport Navigator, which is
published four times a year. City shall have the sole discretion to decide what information
will be included in the Newport Navigator about the class and the Instructor.
C. Class Facility. City shall provide a location for the class without charging Instructor any
rental fees, unless otherwise agreed by the parties. City shall also provide all necessary
utilities.
D. Refund Processing.
City shall provide refunds to participants who:
• Drop the class before the second class meetings;
• Drop a one -day workshop 5 business days before the workshop; or
• The Gass is canceled by the City or Instructor.
The Instructor must provide the City with all required paperwork.
INDEPENDENT CONTRACTOR AGREEMENT
Culinary Cooking Kids LLC
Page 2
E. Class Roster. City shall provide class rosters to Instructor online. Instructor will request a
log -in and password from City. The City will not mail, fax or email rosters to instructors.
4. INSTRUCTOR DUTIES
A. Instructors. Instructor hereby certifies that he/she or any instructor, representatives, or
employee who will be teaching the class or assisting in teaching the class is qualified to do
so, and qualified to perform the services described above and in the course outline
submitted to City. City staff must approve in writing all assigned instructors, representatives
and employees prior to any of them performing any services under this Agreement. A
current roster of instructors, representatives, and employees must be provided prior to new
instructors, representatives and employees being approved. All instructors must be able to
provide proof of legal right to work in the United States.
B. Representatives/Employees. Instructor shall provide the City with Name, Address and
Phone Number of all representatives or employees who will be providing any services
pursuant to this Agreement. All representatives or employees must comply with the City's
fingerprint policy (Section 8). Please mark the following that apply:
_ I will not be using representatives or employees.
I will be using representatives or employees (Please complete Exhibit B).
Instructor must notify the City in writing at least thirty (30) calendar days before the start of
the first class or program with any additions or deletions to Exhibit A. Instructor shall not
subcontract or assign any portion of the rights, obligations or duties required under this
Agreement, without first obtaining prior written approval from City. Subcontracts, if any,
shall contain a provision making them subject to all provisions of this Agreement.
C. Supplies/Equipment. Instructor shall be responsible for providing all supplies, equipment,
personnel, materials, and any additional publicity desired for the class, at Instructor's sole
expense, unless otherwise agreed to in writing by City. Instructor shall also be responsible
for repairing and maintaining all equipment and supplies in good working condition.
D. Anti -Discrimination Laws. Instructor agrees and certifies that, except as permitted by law,
no person shall, on the grounds of race, religious creed, color, national origin, ancestry, age,
physical disability, mental disability, medical condition including the medical condition of
Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital
status, sex or sexual orientation, be excluded from participation in or be denied the benefits
of the services provided pursuant to this Agreement, and Instructor agrees not to
discriminate on said grounds in the hiring and retention of employees and representatives,
unless authorized under Section 12940 of the California Government Code. Instructor shall,
where applicable, conform to the requirements of the Americans with Disabilities Act in the
performance of this Agreement.
D. Class Size. Instructor shall determine the minimum and maximum number of participants
required for each Gass in cooperation with City staff. The City can determine the
minimum/maximum number of participants in a class to ensure the quality and, safety of the
class. Instructor or Instructor's authorized representative is required to attend the first class
meeting of all class offerings advertised in the Newport Navigator unless Instructor cancels
the class three (3) business days prior to the start date, with the prior written approval of
City. In the event of such approved cancellation, Instructor shall be responsible for
informing all registered participants. In the event that the minimum number of participants is
not met by the first class meeting, the class will be cancelled and the Instructor shall not be
INDEPENDENT CONTRACTOR AGREEMENT
Culinary Cooking Kids LLC
Page 3
compensated for attending the first meeting or for any cancelled class. Instructor shall not
be obligated to provide any additional services in regards to the cancelled class. If the
minimum number of participants is met or exceeded, the class will be held as scheduled
(even if any of the initial participants subsequently drop the class), subject to paragraph 14
of this Agreement. If the demand is such that an additional class could be offered, it shall be
taken under consideration and negotiated by City and Instructor. If class(es) are cancelled
for two (2) consecutive quarters due to lack of enrollment, the class will not be scheduled
again until City determines that public demand has increased.
E. Use of Non -City Facilities for Classes. If Instructor desires to conduct the class at his/her
place of business, or some other non City -owned site or facility, Instructor must:
i. Notify City at least twenty-four (24) hours in advance;
ii. Provide sufficient parking for all participants;
iii. Post signs at the site to direct participants to the location of class; and
iv. Allow access to City staff to the location when requested.
F. Absences. Instructor shall obtain permission from City one (1) week prior to any planned
absence from the class. In the event of illness, Instructor is required to notify City and
Participants twelve (12) hours prior to any class cancellation.
City urges Instructor to get a substitute, whenever possible, instead of cancelling classes.
All Instructor employees or representatives must be fingerprinted and clear a background
check before teaching a class as provided in paragraph 8 of this Agreement. Instructor shall
obtain City's prior written approval of any substitute instructor. When cancelling a class,
Instructor shall contact all participants as soon as possible.
G. Contact Information. Instructor is required to notify City in writing of any name, address,
telephone number, email, website or direct deposit payment changes within 48 hours of
such change.
H. Orientation. Instructor or Instructor's authorized representative must attend the Annual
Instructor Orientation on Wednesday, May 12, 2010, at Newport Coast Community Center
(6401 San Joaquin Hills Road, Newport Coast, CA 92657) from 5:00 — 8:30pm. Failure to
attend without prior written approval shall result in City retaining an additional 5% of the total
enrollment fees collected.
I. Other Requirements. Instructors shall:
i. Cooperate fully with all reasonable requests from City staff.
ii. Maintain the highest degree of participant safety possible.
iii. Immediately report to the Recreation & Senior Services Office any injuries as a result
of class participation.
iv. Immediately report to the Recreation & Senior Services Office any damage to the
classroom or program facility that could cause potential injury to a class participant,
or other needed maintenance repairs.
V. Contact participants, if/when a class is cancelled and confirm all cancellations and/or
make-up classes, in writing, with City staff.
vi. Clear all participants from the designated class area at the end of class time unless
participants continue to use public City facilities for personal use without conflict with
other scheduled activities and in accordance with posted hours and availability
limitations.
vii. Ensure that any music or sound system is kept at levels that will not interfere with
other classes or create a public disturbance/nuisance.
viii. Close and secure the room or building at the end of each class.
INDEPENDENT CONTRACTOR AGREEMENT
Culinary Cooking Kids LLC
Page 4
ix. Tum off any lights, heat, air conditioning, or other utilities when class is finished.
X. Schedule make-up classes in advance through City.
A. Complete and return the quarterly "Contract Class Schedule' on the date stated
which will be emailed to the Instructor. Instructor is given two (2) weeks to return the
completed quarterly schedule back to the City.
xii. Know facility rules and regulations and provide pertinent information (i.e. refunds) to
participants. (Copy provided).
xiii. Pay a $20 lost key/replacement fee when Instructor requests replacement key.
xv. Abide by all City policies and procedures including, but not limited to, the
requirements set forth in the Newport Navigator and the Contract Instructor's
Handbook 2009-10, which is attached hereto and incorporated by this reference.
Direct Deposit: All Instructors are required to use direct deposit for payments made from the
City pursuant to this Agreement.
K. Email—All instructors are required to have an email address.
L. Instructor ID Badge — Instructors and their employees/representatives are required to wear
Recreation Instructor ID Badge provided by the City at all times while teaching. Pay a $5
Instructor ID Badge lost/replacement fee will be charged. Instructor ID Badges are replaced
each year upon renewal of contract.
5. INDEPENDENT CONTRACTOR
The parties intend and agree that at all times during the performance of services under this
Agreement; Instructor shall act as an Independent Contractor and shall not be considered an agent
or employee of City. As such, Instructor shall have the sole legal responsibility to remit all federal
and state income and social security taxes and to provide for his/her own workers compensation
and unemployment insurance and that of his/her employees or representative. Instructor also
agrees to provide liability insurance as required by City and described more fully below. City shall
not be liable for any payment or compensation in any form to Instructor other than as provided
herein. City reserves the right to employ other independent contractors and instructors who teach
the same or similar classes.
6. INSURANCE
General Liability Insurance. Instructor must provide and maintain at all times general liability
insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily
injury, personal injury, and property damage. The policy shall carry a general liability special
endorsement naming the City of Newport Beach, its elected or appointed officers, employees,
agents and volunteers as additional named insured in the amount of one million dollars
($1,000,000) per occurrence. Evidence of insurance certificate shall be sent to the Recreation &
Senior Services Department and must be approved by the City Risk Manager prior to the first
class/day of instruction. Instructor shall have the option of purchasing coverage through the City of
Newport Beach's Special Event insurance program, or providing his/her own coverage. If an
Instructor elects to obtain his/her own coverage, said coverage must have the policy limits
described above and be provided by an insurance carrier with a Best's Insurance Guide Rating of A
(or higher) and Financial Size Category Class of VII (or larger). Said policy must also provide a
written 30 -day notice of cancellation (10 -day written notice for non-payment of premium) to the City
of Newport Beach Recreation & Senior Services Department, at the following address: 3300
Newport Boulevard, Newport Beach, CA 92663.
INDEPENDENT CONTRACTOR AGREEMENT
Culinary Cooking Kids LLC
Page 5
Workers' Compensation Insurance. By executing this Agreement, Instructor certifies that Instructor
is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring
every employer to be insured against liability for workers' compensation or to undertake self-
insurance before commencing any work. Instructor shall carry the insurance or provide for self-
insurance required by California law to protect said Instructor from claims under the Workers'
Compensation Act.
pie se mark the following that apply:
I am attaching a copy of the General Liability Insurance with Additional Insured
Endorsement that meet the above requirements. (Please see Exhibit m.
I will be using the City provide insurance through Southern California Municipal Athletic
Federation (SCMAF) and will pay all required fees quarterly billed by the City. Please see
Contract Instructor Handbook 2009-10 (Exhibit B) for complete inforrnation.
COMPLIANCE WITH ALL LAWS
Instructor, and his/her employees, agents and representatives shall at all times observe and comply
with all laws, ordinances and regulations.
8. FINGERPRINTS AND CRIMINAL BACKGROUND CHECK
All Instructors and their employees, agents and representatives must submit to and pass a criminal
background investigation by providing a complete set of fingerprints to City at least thirty (30)
calendar days prior to teaching or assisting with any class or program. Such Instructors and their
employees, agents and representatives are required to submit fees in the amount of $54 per person
to the City of Newport Beach, Recreation & Senior Services Department, to cover all costs
associated with fingerprinting through the City of Newport Beach Police Department and the
Department of Justice. Fingerprints are required to be updated every five (5) years. This
requirement is mandatory.
In addition, all classes involving minors age seventeen (17) or younger must be taught in an open
atmosphere where parents and guardians are able to observe class instruction if so desired. At no
time can the parent or guardian of a minor be denied access to a class. By signing this Agreement,
Instructor agrees to the provisions of this Paragraph.
9. TRANSPORTING OF MINOR PARTICIPANTS
Unless the class or program specifically involves travel or transportation of minors to an offsite
location, Instructor, or Instructor's employees, agents or representatives, shall not transport any
minor participant by vehicle or otherwise. If, after the conclusion of any class session, a minor
participant has not been picked up, Instructor shall make every effort to contact the minor
participant's parent, legal guardian, or other authorized individual to whom the minor may be
released. If no contact can be made with any of the above individuals, Instructor shall contact the
City Recreation Supervisor or Recreation Manager at the Recreation & Senior Services Office at
949-6443151 (Monday through Friday, Sam to 5pm.), or the Park Patrol at 949-795-2381 (Monday
through Friday, 5 to 9pm, and Saturday and Sunday, 9am to 5pm.) During all other hours,
Instructor shall contact the Newport Beach Police Department for assistance.
INDEPENDENT CONTRACTOR AGREEMENT
Culinary Cooking Kids LLC Page 6
10. CONFIDENTIALITY; OWNERSHIP OF DOCUMENTS
All class rosters, participant addresses and contact information, and any other such information or
documents compiled by City and provided to Instructor, shall remain the property of City. Instructor
shall not release such information to others without the prior written authorization by City. Instructor
shall not use such information for any other purpose than those authorized by City. All class
rosters, class participant addresses and contact information, shall be used by the Instructor solely
for administration of classes and performing City business. Instructor will take reasonable steps
consistent with the law to prevent distribution of such information. Instructor's obligations under this
paragraph shall survive the termination of this Agreement.
11. USE OF NAMES AND LOGOS; ADVERTISING, PRESS RELEASES AND PUBLICITY
Instructor shall not include City's name, logos or insignia, or photographs of the class site or
participants, in any publicity pertaining to Instructor's services or class in any magazine, trade
paper, newspaper, radio or television production, Internet, or other printed or electronic medium
without the prior written consent of City and participants.
12. BUSINESS LICENSE
Newport Beach Municipal Code Chapter 5.04 provides that every business operating in the City
must obtain a business license prior to conducting business in the City, and pay the required
business license fee. This ordinance applies to businesses operating at commercial or residential
locations within the City, or using a City of Newport Beach address or P.O. Box for receiving mail.
The City Business License Fee is an annual tax, due every twelve (12) months. Instructor agrees to
obtain a City business license as required by Chapter 5.04 and provide proof of compliance
annually. Business License Applications are available in the Revenue Division Office in Newport
Beach City Hall. In certain circumstances, Instructor may be eligible for paying a reduced Business
License Tax, which is known as an Apportioned Business Tax. A Declaration for Apportioned
Business Tax is available in the Revenue Division Office at City Hall. A copy of your Business
License must be submitted with this agreement. Please see Exhibits
13. INDEMNIFICATION
General. Instructor shall defend, indemnify, and hold harmless City, its elected and appointed
officers, employees, agents, representatives, the City Council, boards and commissions
("Indemnified Parties") 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 Instructor, his or her employees, representatives,
officers and agents in the course of performing services under this Agreement; however, Instructor
shall not be required to indemnify City from any claim arising from the sole negligence or willful
misconduct of the Indemnified Parties.
Intellectual Property. Instructor shall defend, indemnify, and hold harmless the Indemnified Parties
from any claim of infringement or other proceedings brought against City for any intentional or
unintentional violation by Instructor of the legally protected rights of any third parties, with respect to
works performed, logos displayed, or written or digital materials provided by Instructor and used
during the performance of this Agreement. Such legally protected rights of third parties include but
are not limited to trade secrets, moral rights, proprietary acts, U.S. patents, trademarks, service
marks and copyrights vested or issued as of the effective date of this Agreement. If Instructor will
be providing a public performance of musical compositions or arrangements that are subject to a
INDEPENDENT CONTRACTOR AGREEMENT
Culinary Cooking Kids LLC
Page 7
license held by a third party, it is the responsibility of Instructor to obtain the appropriate license to
perform the material prior to the public performance.
`Emook i llUTIA06R
City has the right, at its sole discretion and with or without cause, to terminate this Agreement at
any time by giving three (3) calendar days prior written notice to Instructor. In the event of
termination under this Section, City shall pay Instructor on a prorated basis for any Gasses or
programs that were actually taught by Instructor, if any, up to the effective date of termination.
15. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating to it. Any
action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in
the County of Orange.
16. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by both
Instructor and City and approved as to form by the City Attorney.
17. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the language
used and shall not be construed for or against either party by reason of the authorship of this
Agreement or any other rule of construction which might otherwise apply.
18. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature whatsoever
between the parties, and all preliminary negotiations and agreements are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
19. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a
court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full
force and effect.
20. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained herein shall not
be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or
condition contained herein, whether of the same or a different character.
INDEPENDENT CONTRACTOR AGREEMENT
Culinary Cooking Kids LLC
Page 8
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and
year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
y D. au hamp
Assistant C A may
r
CITY OF NEWPORT BEACH,
A Municipal Corporation
By, ,jjkjgL�� t .-
Detweil Director
n & Senior Services
INSTRUCTOR — Culinary Cooking NdkLLC
ySignature Date Signed
I/t/iL�
i. 122b, W
signsturs Date Signed
Be/bre submitting your contract package to the CINthe ro/owag documents must be completed and or enclosed:
Three copies of the signed contract (a completed original confrao wia be malted back for your records aaerpn)CessNg
f) ExNbd Completed list of Contract Instructor Representative. Employee and/or Agent Names Form
2) Exhibit Copy ofviud City otNewpot Beach Business lioense:and
31 Exhibit Insurence CMiflcste with Additional Insured Endorsement irnot using SCMAF Insurance Plan
Ut A -
Instructor/Company Name:
resentative and/or E
Pleose remember that all representatives or employees for the City of Newport Beach mast be fingerprinted and cleared before they can begin teach(r
Please add the names of your representatives and/ or employees below.
First & Last Name
Sbue yearns
5 earns
1/1 fin
Anda ea chelor
Instructor Signature:
Address Phone Number Emergency Contac
City, State Zip (work, home, cell) Name & Phone
Number
RD 434 r
„amenn2 Laver
6bol 07474/or
Date:
(N)
CITY OF NEWPORT BEACH Ext jl jf B
CULINARY COOEINO RIDS LLC
INSTRUCTIONS AND CONDITIONS
ACCOUNT NUMBER: 1
EXPIRATION DATE: 04/30/2011
Welcome to the City of Newport Beach, and thank you for your business tax payment. This business tax certificate is evidence that the
named business has paid a lax to conduct the business activity designated, within the City of Newport Beach, until the expiration date shown.
Please notify the Revenue Division immediately d any of The information on the certificate changes.
This certiticale is valid only at the address indicated and must be displayed in a conspicuous location. If your business is not conducted at a
permanent location Municipal Cade requires that any representalive, white transacting business within the city, carry this certificate.
This business lax certificate does not authorize the named business to consul any aclivities regulated by the City of Newport Beach or other
agencies. Authorization lot such activities must be obtained from the appropriate departments poor to application for business lax. Certificates
are not transferable to any other party of person and are not pro -rated Refunds are riot provided once the certificate has been issued.
Your business lax certificate is valid until the expiration dale. and roust be renewed annually prior to that dale. Changes m type of ownership
0 e, horn 9 sole proprietorship to a partnership or LLC). nature of business, or ownership void the current Certificate and require tiling of and
payment for a new application. Additional cenilirodes are required it additional types of business activity are initiated at the same address. or
addninnel inenhons of the settle business are estabOshed (Municipal Code sections 5.04 through 5.08)
For you. c:•nvemence. the Revenue Division will mail a courtesy renewal notice. prior to the explrabon dale. to the billing address Of record.
Nun.i 2c eq)1 01 the nnul flees not 5119viale the. tequiremenl to renew Penallies are imposed tot late renewal at a rate of 25% p^r month to a
maximum of 100`1,• of the hasp. lax
Thi! Ilevenye Division 1s available to arsWCr any questions regar(,5ng lai!U` L`SS Iax certification and requirements. Call (943) 6443141, e. marl us
at R2venueNelu {(1{ ply. newport-beach ca us, or visit us at the mlernel at www.cllyuewlNJrp Wach.ca.us and view the Municipal (:ode online.
DISPLAY CONSPICUOUSLY Ah PLACE OF BUSINESS POR WHICH ISSUED
CITY OF NEWPORT BEACH
BUSINESS TAX CERTIFICATE
11 iIS IAX Cts MINT EXPIRE.$ 04/30/2011 ACCOGNI NUMBER----__.._�
SLRv9CP ADDRESS
CULINARY COOXINU KIDS LLC
Bt ISINESS CATEGORY'
MISC SCHOOLS h EDUCATIONAL SVC
SELLERS PERMIT. NO SELLERS PERMIT
OWNLR/PRINC'.IPAL NAME.
BACHELOR, BONNIE
OWNER SHIP TYPE:
LIMITED LIABILITY COMPANY
TAX INCLUDES PAYMENT FOR.
0.00 EMPLOYEES
DATE OF ISSUE. 04/05/2010
VRMT DATE= 04/05/2010
Exhibit L
ACORD CERTIFICATE OF LIABILITY INSURANCE
Insurance Solutions
License 00746539
26522 La Al amada, Suite 190
INSU REBS AFFORDING COVERAGE INA 0
COVERAGES
THEPDUCIES
OF t6UPANCE LL EDBELCWHAVE BEEN ISSUED TO THEW^uIIREDNAMEDABOVE FOR THE PGICYPERXJDPa1MATED.NOIYAD16TPNgNG
ANY REOU
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MY PERTAN.
THE MbNRV.K,E AFFWSEp EY TIE PCJCE8 DESOIIBED WREIN 15 SLNKXCT TOALL THE TERMS, F%CLIR:KmSMA CCFp1pN5 OF SUCH
PD1JCIE5.
AGGREGATE LBATS SHOWN waY love BEEN REDUCED BY PAC C1,020m.
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_ _ _ _
DESCRIPTION Of OPERATIOladLOC4DOXS,vEXICLESIEAC[n ONS Aq$EO BY flgORSENEx SPEC A,1ONS
e: Culinary Kids Cooking Classes during 2010-2011 policy termNlSl
ocation d1: Newport Coast Elementary School 6655 Ridge Park Rd, Newport Beach, CA 92657
ocation 02: Newport Coast Community Center Stage. 6401 San Joaquin Rd., Newport Coast, CA, 92657
ity of Newport Beach, its elected or appointed officers, employees, agents and volunteers are
named as
%dditional insrued per the Business LiabilityCoveram Form 550005 attached to the molicv.
ccnuncale MVLMK CANCEL"FIGN
SNWLD ANY OF TBE AE(VE OESCRIRED BOUNCES RE CANCELLEDaE WRE THE EXPIRATION
OATE,MREOE. TNS i MUUNO INWRER WALL MDEK. TDMA% X`30 WS%mTFE
City of Newport Beach NDICE IO iME<ERIRICATE INYEER NRRED IO TxQ IEET. BUTEWYRETDWWSNALL
Attn: Jessica Vincent MUrD56 NOCBLCOAl KA1M WM.liYW 4NY %WD WPI iNE WSYRER.115 WFNTE p1
3300 Newport Blvd. REPREEQNTAGv
Newport Beach , CA 92663 AUTHORUEU REPRESEFTATNE
Tony Alessandra CHERYL •/•wy (.�a.�—..c...
ACORD t5 (200M91) FAX: 949.644.3155 ®1983.2009 ACORD CORPORATION. An riOhM reserved.
The ACORD name and "o are registered marks of ACORD
POLICY NUMBER: - -- --- -
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - PERSON -ORGANIZATION
THE CITY OF NEWPORT BEACH
ITS ELECTED OR APPOINTED
OFFICERS, EMPLOYEES, 6 AGENTS
3300 NEWPORT BLVD5
N
NEWPORT BEACH CA 92663
RE;CULINARY KIDS COOKING CLASSES DURING 2010 -2011
LOCATIONNI; NEWPORT COAST ELEMENTARY SCHOOL 6655 RIDGE PARK RD,
,y NEWPORT BEACH, CA 92657
LOCATTON42: NEWPORT COAST COMMUNITY CENTER STAGE. 6401 SAN JOAQUIN
RD., NEWPORT COAST CA 92651.
0
Forrn IH 12 00 11 85 T SED. NO. 002 Printed In U.S.A. Page 092 (CONTINUED ON NEXT PAGE)
Expiration Dale: 03/19/11
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number. Endorsement Number: 01
Effective Date: 09/29/10 Effective hour is tha same as slated on the Information Page of the pd'wy.
Named Insured and Address: CULINARY COOKING RIDS LLC
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in
the work described In the Schedule.
The additional premium for this entlorsamert shall be
premium olhemse due on such remuneration.
Person or Organization
THF. f:l'ri 04 NNAf JRT DEAC:l
ITS 3LG: :'sly :k AD!Y+1IJT4:U
Form WC 00 03 06 (1) Printed in U.S.A.
SCHEDULE
2 % or the California workerscompensation
Job Description
GfFh'E9A, HHI`Ll1V F.>S. S AGEVTS
`IIiHe I' HVA(:H CA 921 1
Policy Expiration Date: 03/19/11
BUSINESS LIABILITY COVERAGE FORM
This Paragraph I. applies separately to
you and any additional insured.
3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for "bodily injury'
liability and "property damage' liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to 'mobile equipment' to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.
4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a 'suit" asking for damages from an
insured; or
b. To sue us on this Coverage form unless
all of its terms have been fully complied
with.
A person or organization may sue us to recover
on an agreed settlement rx on a final judgement
against an insured: but we will not be liable for
damages that are not payable under the terms of
this in$urarr_e or that are in excess of the
applicable limit of irsurance An agreed
settlement means a s(Atlernenl and release of
liability signed by us the insured and the
Claimant c: the clad+=rant's legal represenuilive
S. Separation Of Insureds
Except w 11-i respect to the Limits of Insurance.
and any r phis or duties specifically assigned
in tt:is policy to the first Named Insured 'h!s
i•isiilance apples
a. As if each Named Insured were the only
Named Insured. and
b. Separa',eiy to each insured against whom
a claim is made or "suit' is brought.
6. Representations
a. When You Accept This Policy
By accepting this policy. you agree:
(1) The statements in the Declarations
are accurate and complete;
(2) Those statements are based upon
representations you made to us: and
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.
7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follaws:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in e.
below.
b. Excess insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage,
Builder's Risk. Installation Risk or
similar coverage for "your work
(2) Premises Rented To You
That is fire. lightning or explosion
insurance for premises rented 10 YOU
or temporarily occupied by you with
permission of the own?r
(3) Tenant Liability
Thai Is Insurance purhase! by you to
c;nve,r you: liabil.ty as a tenant hr
"property damage" to premises rented
to you or lemporaii!y occupied by you
with permission of the owner,
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircrah. "autos" or watercraft to
the extent not subject to Exclusion g. of
Section A. - Coverages
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
ff the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A. -
Coverages.
Page 16 of 24 Form SS 00 08 04 05
(6) When You Are Added As An
Additional Insured To Other
Insurance
That is ether insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
(7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.
However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Pad:
(a) Primary Insurance When
Required By Contract
This Insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in C.
Wow.
(b) Primary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this :nsurance IS
primary and non-contributory with
the add:tronai insured's own
insurance. this insurance :s
pr:rnary unci WC will not seek
contrrbul:on from thtal other
insurance
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this insurance is excess, we will
have no duly under this Coverage Part to
defend the insured against any 'suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.
BUSINESS LIABILITY COVERAGE FORM
When this insurances is excess over other
insurance, we will pay only our share of
the amount of the toss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance: and
(2) The total of all deductible and self-
insured amounts under all that other
insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has pall its applicable limit of
insurance or none of the loss remains,
whichever comes first.
If arty of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Prjyrrenis. we have made
under this Coverage Part, those -iyhts Tire
Ir.insfo,rred to us l he insured must do
notlung after loss to irnhair them At our
request, lite insured will bring 'sint" or
transfer those rights to us and help us
enforce them This condition does not
apply to Medical Expenses Coverage
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waved any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right. provided the insured
waived their rights of recovery against
such person or organization in a contract.
agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED
COVERAGES
If listed or shown as applicable in the Declarations,
one or more of the following Optional Additional
insured Coverages also apply. When any of these
Optional Additional Insured Coverages apply,
Paragraph 6. (Additional Insureds When Required
by Written Contract, Written Agreement or Permit)
of Section C., Who Is An insured, does not apply
to the person or organization shown in the
Declarations. These coverages are subject to the
terms and conditions applicable to Business
Liability Coverage in this policy, except as
provided below:
1. Additional Insured - Designated Person Or
Organization
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations, but only with respect to liability
for "bodily injury". "property damage" or
"personal and advertising injury" caused, in
whole or in part, by your acts or omissions or
the acts or omissions of those acting on your
behalf:
a. In the performance of your ongoing
operations: or
b. In connection with your premises owned
by or rented to you.
2. Additional Insured - Managers Or Lessors
Of Premises
a. WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown ;n the
Declarations as an Additional Insured
Desqnaled Persov Or Oryaniratron, but only
with respect to liability arising out of the
ownership, rnainteiiance or rise of that part o`
Ihp premises leased to you and Shown in tor?
Dedaralions
b. With respect to the insurance afforded to
these additional ;nsureds, the foilowing
additional exclusions apply:
This insurance does not apply to:
(1) Any "occurrence" which takes place
after you cease to be a tenant in that
premises; or
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.
3. Additional Insured - Grantor Of Franchise
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Grantor Of Franchise, but only with respect to
their liability as grantor of franchise to you.
4. Additional insured - Lessor Of Leased
Equipment
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured -- Lessor of Leased Equipment,
but only wilh respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s).
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to any "occurrence" which
takes place after you cease to lease that
equipment.
5. Additional Insured - Owners Or Other
Interests From Whom Land Has Been
Leased
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) of organization(s)
snows in the Declarations as an Additional
Insured - Owners Or Other Interests From
Whorn land Has Been Leased, but only
with respect to liability arising out of the
owrw,rship, rnainlenance or osF of that part
of the land leased to you and Shown in the
Deciarallors
b. W tr respect to rhe -nsuranre afforced to
these additiona. ;nsureds. the following
add,lional exclusions apply
1 his insurance does not apply to
(1) Any 'occurrence" that takes place
after you cease to lease that land, or
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.
6. Additional Insured - State Or Political
Subdivision - Permits
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
Page 18 of 24 Form SS 00 08 04 05
RECREATION & SENIOR SERVICES
CERTIFICATE OF INSURANCE CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as eufted by the City of Newport Beach.
Date Received: 06115/2010 Dept./Contact Received From: 'Peri Craig
Date Completed: 0611612010 Sent to: Teri Craig By: Michelle Ross
Company/Person required to have certificate: Culinary Cooking Kids, LLC
1. GENERAL LIABILITY
A.
INSURANCE COMPANY: Hanford Casualty las. Co.
B.
AM BEST RATING (A-: VII or greater): "A"(XV)
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$2,000,000
E.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers)
® Yes ❑ No
F.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
IL AUTOMOBILE LIABILITY
A.
PROOF OF INSURANCE PROVIDED
® Yes ❑ No
WORKERS' COMPE=NSATION
B. INSURANCE COMPANY. 'l uui 0t). Inc Irisur.1ucc 0).
C nM BEST RATING (A• VII or prealer) "A"(X %o)
D LIMITS. Statutory
E WAIVER OF SUBROGATION (To rriclude). Is rl included?
F IF NO EMPLOYEES - EXEMPTION FORM $IGNE[f
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO WHICH ITEMS NEED TO BE COMPLETED?
Approved:
lfflek�E!'e A00ee
(%wre 16, 2010
Agent of Brown & Brown Date
Broker of record for the City of NewpcF1 Beach
❑ Requires approvallexceplionlwaiver by Risk Management B&B initials
Comments.
Approved:
Yes n No
❑ Yes ❑ No
N Yes [.j No
CITY OF NEWPORT BEACH
Recreation & Senior Services Department
INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into as of this 1st day of June 2009 by and between the City of
Newport Beach, California, a Municipal Corporation and Charter City ("City"), and. Bonnie Bachelor - Sole
Proprietor, (Instructor) to provide the classes or programs in Youth Enrichment hereby agreed upon, as
scheduled and described in the Newport Navigator, which is incorported herein by this reference, and as
approved in writing by the City.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
TERM
The term of this Agreement shall commence on the above written date, and shall terminate on the
30"' day of September 2010 unless terminated earlier as provided herein.
2. COMPENSATION
City will pay Instructor within 21 business days after their last class meeting. City will pay the
Instructor the following percentages of the amount of the total enrollment fees collected below,
minus the non-resident fee and a $3 per person administration fee for each class held:
• All Classes & Summer Camps except Newport Coast Community Center— 65%
• Newport Coast Community Center — 60%
• Summer Camps at Newport Coast Community Center— 60%
City may renegotiate compensation with Instructor anytime during the term of this Agreement, if the
City has to take on additional responsibility.
3. DUTIES OF CITY
A. Registration. City shall register all participants for classes and collect all enrollment fees.
Instructor shall not accept enrollment fees directly from a participant unless the City
approves, in writing, the acceptance of enrollment fees by the Instructor. Instructors shall
only collect materials fees that are pre -approved by the City and published in advance in the
Newport Navigator. Such materials fees should be collected by Instructor at the first class
meeting.
B. Publicity. City shall provide publicity for the class in the Newport Navigator, which is
published four times a year. City shall have the sole discretion to decide what information
will be included in the Newport Navigator about the class and the Instructor.
C. Class Facility. City shall provide a location for the class without charging Instructor any
rental fees, unless otherwise agreed by the parties. City shall also provide all necessary
utilities.
D. Refund Processing.
City shall provide refunds to participants who:
• Drop the class before the second class meetings;
• Drop a one -day workshops 5 business days before the workshop; or
• The class is canceled by the City or Instructor.
INDEPENDENT CONTRACTOR AGREEMENT
Bonnie Bachelor
Page 2
The Instructor must provide the City with all required paperwork.
E. Class Roster. City shall provide class rosters to Instructor online. Instructor will request a
log -in and password from City. The City will not mail, fax or email rosters to instructors.
4. INSTRUCTOR DUTIES
A. Instructors. Instructor hereby certifies that he/she or any instructor, representatives, or
employee who will be teaching the class or assisting in teaching the class is qualified to do
so, and qualified to perform the services described above and in the course outline
submitted to City. City staff must approve in writing all assigned instructors, representatives
and employees prior to any of them performing any services under this Agreement. A
current roster of instructors, representatives, and employees must be provided prior to new
instructors, representatives and employees being approved. All instructors must be able to
provide proof of legal right to work in the United States.
B. Representatives/Employees. Instructor shall provide the City with Name, Address and
Phone Number of all representatives or employees who will be providing any services
pursuant to this Agreement. All representatives or employees must comply with the City's
fingerprint policy (Section 8). Please mark the following that apply:
_ I will not be using representatives or employees.
Je!f I will be using representatives or employees (Please complete Exhibit A).
Instructor must notify the City in writing at least thirty (30) calendar days before the start of
the first class or program with any additions or deletions to Exhibit A. Instructor shall not
subcontract or assign any portion of the rights, obligations or duties required under this
Agreement, without first obtaining prior written approval from City. Subcontracts, if any,
shall contain a provision making them subject to all provisions of this Agreement.
C. Supplies/Equipment. Instructor shall be responsible for providing all supplies, equipment,
personnel, materials, and any additional publicity desired for the class, at Instructor's sole
expense, unless otherwise agreed to in writing by City. Instructor shall also be responsible
for repairing and maintaining all equipment and supplies in good working condition.
D. Anti -Discrimination Laws. Instructor agrees and certifies that, except as permitted by law,
no person shall, on the grounds of race, religious creed, color, national origin, ancestry, age,
physical disability, mental disability, medical condition including the medical condition of
Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital
status, sex or sexual orientation, be excluded from participation in or be denied the benefits
of the services provided pursuant to this Agreement, and Instructor agrees not to
discriminate on said grounds in the hiring and retention of employees and representatives,
unless authorized under Section 12940 of the California Government Code. Instructor shall,
where applicable, conform to the requirements of the Americans with Disabilities Act in the
performance of this Agreement.
D. Class Size. Instructor shall determine the minimum and maximum number of participants
required for each class in cooperation with City staff. The City can determine the
minimum/maximum number of participants in a class to ensure the quality and, safety of the
class. Instructor or Instructor's authorized representative is required to attend the first class
meeting of all class offerings advertised in the Newport Navigator unless Instructor cancels
the class three (3) business days prior to the start date, with the prior written approval of
City. In the event of such approved cancellation, Instructor shall be responsible for
informing all registered participants. In the event that the minimum number of participants is
INDEPENDENT CONTRACTOR AGREEMENT
Bonnie Bachelor
Page 3
not met by the first class meeting, the class will be cancelled and the Instructor shall not be
compensated for attending the first meeting or for any cancelled class. Instructor shall not
be obligated to provide any additional services in regards to the cancelled class. If the
minimum number of participants is met or exceeded, the class will be held as scheduled
(even if any of the initial participants subsequently drop the class), subject to paragraph 14
of this Agreement. If the demand is such that an additional class could be offered, it shall be
taken under consideration and negotiated by City and Instructor. If class(es) are cancelled
for two (2) consecutive quarters due to lack of enrollment, the class will not be scheduled
again until City determines that public demand has increased.
E. Use of Non -City Facilities for Classes. If Instructor desires to conduct the class at his/her
place of business, or some other non City -owned site or facility, Instructor must:
i. Notify City at least twenty-four (24) hours in advance;
ii. Provide sufficient parking for all participants;
iii. Post signs at the site to direct participants to the location of class; and
iv. Allow access to City staff to the location when requested.
F. Absences. Instructor shall obtain permission from City one (1) week prior to any planned
absence from the class. In the event of illness, Instructor is required to notify City and
Participants twelve (12) hours prior to any class cancellation.
City urges Instructor to get a substitute, whenever possible, instead of cancelling classes.
All Instructor employees or representatives must be fingerprinted and clear a background
check before teaching a class as provided in paragraph 8 of this Agreement. Instructor shall
obtain City's prior written approval of any substitute instructor. When cancelling a class,
Instructor shall contact all participants as soon as possible.
G. Contact Information. Instructor is required to notify City in writing of any name, address,
telephone number, email, website or direct deposit payment changes within 48 hours of
such change.
H. Training. Instructor or Instructor's authorized representative must attend the Annual
Instructor Training on Wednesday, May 12, 2010, at Newport Coast Community Center
(6401 San Joaquin Hills Road, Newport Coast, CA 92657) from 5:00 — 8:30pm. Failure to
attend without prior written approval shall result in City retaining an additional 5% of the total
enrollment fees collected.
1. Other Requirements. Instructors shall:
i. Cooperate fully with all reasonable requests from City staff.
ii. Maintain the highest degree of participant safety possible.
iii. Immediately report to the Recreation & Senior Services Office any injuries as a result
of class participation.
iv. Immediately report to the Recreation & Senior Services Office any damage to the
classroom or program facility that could cause potential injury to a class participant,
or other needed maintenance repairs.
V. Contact participants, if/when a class is cancelled and confirm all cancellations and/or
make-up classes, in writing, with City staff.
vi. Clear all participants from the designated class area at the end of class time unless
participants continue to use public City facilities for personal use without conflict with
other scheduled activities and in accordance with posted hours and availability
limitations.
vii. Ensure that any music or sound system is kept at levels that will not interfere with
other classes or create a public disturbance/nuisance.
INDEPENDENT CONTRACTOR AGREEMENT
Bonnie Bachelor
Page 4
ix. Close and secure the room or building at the end of each class.
x. Tum off any lights, heat, air conditioning, or other utilities when class is finished.
xi. Schedule make-up classes in advance through City.
xii. Complete and return the quarterly "Contract Class Schedule" on the date stated
which will be emailed to the Instructor. Instructor is given two (2) weeks to return the
completed quarterly schedule back to the City.
xiii. Know facility rules and regulations and provide pertinent information (i.e. refunds) to
participants. (Copy provided).
xiv. Pay a $20 lost key/replacement fee when Instructor requests replacement key.
xv. Abide by all City policies and procedures including, but not limited to, the
requirements set forth in the Newport Navigator and the Contract Instructor's
Handbook 2009-10, which is attached hereto and incorporated by this reference.
J. Direct Deposit: All Instructors are required to use direct deposit for payments made from the
City pursuant to this Agreement.
K. Email — All instructors are required to have an email address.
L. Instructor ID Badge — Instructors and their employees/representatives are required to wear
Recreation Instructor ID Badge provided by the City at all times while teaching. Pay a $5
Instructor ID Badge lost/replacement fee will be charged. Instructor ID Badges are replaced
each year upon renewal of contract.
5. INDEPENDENT CONTRACTOR
The parties intend and agree that at all times during the performance of services under this
Agreement. Instructor shall act as an Independent Contractor and shall not be considered an agent
or employee of City. As such, Instructor shall have the sole legal responsibility to remit all federal
and state income and social security taxes and to provide for his/her own workers compensation
and unemployment insurance and that of his/her employees or representative. Instructor also
agrees to provide liability insurance as required by City and described more fully below. City shall
not be liable for any payment or compensation in any form to Instructor other than as provided
herein. City reserves the right to employ other independent contractors and instructors who teach
the same or similar classes.
6. INSURANCE
General Liability Insurance. Instructor must provide and maintain at all times general liability
insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily
injury, personal injury, and property damage. The policy shall carry a general liability special
endorsement naming the City of Newport Beach, its elected or appointed officers, employees,
agents and volunteers as additional named insured in the amount of one million dollars
($1,000,000) per occurrence. Evidence of insurance certificate shall be sent to the Recreation &
Senior Services Department and must be approved by the City Risk Manager prior to the first
class/day of instruction. Instructor shall have the option of purchasing coverage through the City of
Newport Beach's Special Event insurance program, or providing his/her own coverage. If an
Instructor elects to obtain his/her own coverage, said coverage must have the policy limits
described above and be provided by an insurance carrier with a Best's Insurance Guide Rating of A
(or higher) and Financial Size Category Class of VII (or larger). Said policy must also provide a
written 30 -day notice of cancellation (10 -day written notice for non-payment of premium) to the City
of Newport Beach Recreation & Senior Services Department, at the following address: 3300
Newport Boulevard, Newport Beach, CA 92663.
INDEPENDENT CONTRACTOR AGREEMENT
Bonnie Bachelor
Page 5
Workers' Compensation Insurance. By executing this Agreement, Instructor certifies that Instructor
is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring
every employer to be insured against liability for workers' compensation or to undertake self-
insurance before commencing any work. Instructor shall carry the insurance or provide for self-
insurance required by California law to protect said Instructor from claims under the Workers'
Compensation Act.
Please mark the following that apply:
I am attaching a copy of the General Liability Insurance with Additional Insured
Endorsement that meet the above requirements. (Please see Exhibit D).
jZ I will be using the City provide insurance through Southem California Municipal Athletic
Federation (SCMAF) and will pay all required fees quarterly billed by the City. Please see
Contract Instructor Handbook 2009-10 (Exhibit B) for complete information.
COMPLIANCE WITH ALL LAWS
Instructor, and his/her employees, agents and representatives shall at all times observe and comply
with all laws, ordinances and regulations.
8. FINGERPRINTS AND CRIMINAL BACKGROUND CHECK
All Instructors and their employees, agents and representatives must submit to and pass a criminal
background investigation by providing a complete set of fingerprints to City at least thirty (30)
calendar days prior to teaching or assisting with any class or program. Such Instructors and their
employees, agents and representatives are required to submit fees in the amount of $54 per person
to the City of Newport Beach, Recreation & Senior Services Department, to cover all costs
associated with fingerprinting through the City of Newport Beach Police Department and the
Department of Justice. Fingerprints are required to be updated every five (5) years. This
requirement is mandatory.
In addition, all classes involving minors age seventeen (17) or younger must be taught in an open
atmosphere where parents and guardians are able to observe class instruction if so desired. At no
time can the parent or guardian of a minor be denied access to a class. By signing this Agreement,
Instructor agrees to the provisions of this Paragraph.
9. TRANSPORTING OF MINOR PARTICIPANTS
Unless the class or program specifically involves travel or transportation of minors to an offsite
location, Instructor, or Instructor's employees, agents or representatives, shall not transport any
minor participant by vehicle or otherwise. If, after the conclusion of any class session, a minor
participant has not been picked up, Instructor shall make every effort to contact the minor
participant's parent, legal guardian, or other authorized individual to whom the minor may be
released. If no contact can be made with any of the above individuals, Instructor shall contact the
City Recreation Supervisor or Recreation Manager at the Recreation & Senior Services Office at
949-644-3151 (Monday through Friday, 8am to 5pm.), or the Park Patrol at 949-795-2381 (Monday
through Friday, 5 to 9pm, and Saturday and Sunday, 9am to 5pm.) During all other hours,
Instructor shall contact the Newport Beach Police Department for assistance.
INDEPENDENT CONTRACTOR AGREEMENT
Bonnie Bachelor Page 6
10. CONFIDENTIALITY; OWNERSHIP OF DOCUMENTS
All class rosters, participant addresses and contact information, and any other such information or
documents compiled by City and provided to Instructor, shall remain the property of City. Instructor
shall not release such information to others without the prior written authorization by City. Instructor
shall not use such information for any other purpose than those authorized by City. All class
rosters, class participant addresses and contact information, shall be used by the Instructor solely
for administration of classes and performing City business. Instructor will take reasonable steps
consistent with the law to prevent distribution of such information. Instructor's obligations under this
paragraph shall survive the termination of this Agreement.
11. USE OF NAMES AND LOGOS; ADVERTISING, PRESS RELEASES AND PUBLICITY
Instructor shall not include City's name, logos or insignia, or photographs of the class site or
participants, in any publicity pertaining to Instructor's services or class in any magazine, trade
paper, newspaper, radio or television production, Internet, or other printed or electronic medium
without the prior written consent of City and participants.
12. BUSINESS LICENSE
Newport Beach Municipal Code Chapter 5.04 provides that every business operating in the City
must obtain a business license prior to conducting business in the City, and pay the required
business license fee. This ordinance applies to businesses operating at commercial or residential
locations within the City, or using a City of Newport Beach address or P.O. Box for receiving mail.
The City Business License Fee is an annual tax, due every twelve (12) months. Instructor agrees to
obtain a City business license as required by Chapter 5.04 and provide proof of compliance
annually. Business License Applications are available in the Revenue Division Office in Newport
Beach City Hall. In certain circumstances, Instructor may be eligible for paying a reduced Business
License Tax, which is known as an Apportioned Business Tax. A Declaration for Apportioned
Business Tax is available in the Revenue Division Office at City Hall. A copy of your Business
License must be submitted with this agreement. Please see Exhibit C.
13. INDEMNIFICATION
General. Instructor shall defend, indemnify, and hold harmless City, its elected and appointed
officers, employees, agents, representatives, the City Council, boards and commissions
("Indemnified Parties') 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 Instructor, his or her employees, representatives,
officers and agents in the course of performing services under this Agreement; however, Instructor
shall not be required to indemnify City from any claim arising from the sole negligence or willful
misconduct of the Indemnified Parties.
Intellectual Property. Instructor shall defend, indemnify, and hold harmless the Indemnified Parties
from any claim of infringement or other proceedings brought against City for any intentional or
unintentional violation by Instructor of the legally protected rights of any third parties, with respect to
works performed, logos displayed, or written or digital materials provided by Instructor and used
during the performance of this Agreement. Such legally protected rights of third parties include but
are not limited to trade secrets, moral rights, proprietary acts, U.S. patents, trademarks, service
marks and copyrights vested or issued as of the effective date of this Agreement. If Instructor will
be providing a public performance of musical compositions or arrangements that are subject to a
INDEPENDENT CONTRACTOR AGREEMENT
Bonnie Bachelor
Page 7
license held by a third party, it is the responsibility of Instructor to obtain the appropriate license to
perform the material prior to the public performance.
14. TERMINATION
City has the right, at its sole discretion and with or without cause, to terminate this Agreement at
any time by giving three (3) calendar days prior written notice to Instructor. In the event of
termination under this Section, City shall pay Instructor on a prorated basis for any classes or
programs that were actually taught by Instructor, if any, up to the effective date of termination.
15. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating to it. Any
action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in
the County of Orange.
16. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by both
Instructor and City and approved as to form by the City Attorney.
17. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the language
used and shall not be construed for or against either party by reason of the authorship of this
Agreement or any other rule of construction which might otherwise apply.
18. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature whatsoever
between the parties, and all preliminary negotiations and agreements are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
19. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a
court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full
force and effect.
20. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained herein shall not
be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or
condition contained herein, whether of the same or a different character.
INDEPENDENT CONTRACTOR AGREEMENT
Bonnie Bachelor
Page 8
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and
year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
yne a am
Assistant City Att
ATTEST: r %�
By: K vfwv-
Leilani Brown, City Cle
INSTRUCTOR - Bonnie Bachelor A
CITY OF NEWPORT BEACH,
A Municipal Corporation
& Senior Services
I�
. neln SinnnA 1
Before submitting your contmetpadrage to the City, the following documents must be completed and orendosed
1) Three copies Of the signed contract (a compieted original contract will be mailed back for your records after
processing
2) ExhlbffA- Completed List of Contract Instructor Representative, Employee and/or Agent Names Form
3) ExhibitC - Copy ofvatid City of Newport Beach Business License, and
4) Exhibit D - Insurarroe Certificate with Additional Insured Endorsement if not using SCMAF Insurance
Plan
Exhibits- A - Contract Instructor Representative, Employee and/or Agent Form
B -- Contract Instructor Handbook 200910
C - Business License
D - Cenfcate of Liability Insurance with Additional Insured Endorsement
City of Newport Beach
REVENUE DIVISION {
Remittance Copy
Date �'gb-05 Amount Paid $ QIP .�T Clerk
Visa—WC—Amer Exp _:CC # Exp Date_
Check # Account
Customer's Last Name lacy-lnk 4g� �� - -:c3�' Phone#
vI
(N)
CITY OF NEWPORT BEACH �xhtbit B
CULINARY COOKING RIDS LLC
INSTRUCTIONS AND CONDI"FIONS
ACCOUNT NUMBER: -I
EXPIRATION DATE: 04/30/3011
Welcome to the City of Newport Beach, and thank you for your business lax payment. This business tax cedificale is evidence that the
named business has paid a lax to conduct the business activity designated, within the City of Newport Beach. until the expiration date shown.
Please notify the Revenue Division Immediately 0 any of the inlwmafion on the certificate changes.
This certificate is valid only at the address indicated and must be displayed in a conspicuous location. II your business is not conducted at a
permanent localion Municipal Code requires that any representative. while transacting business within the city, carry this certificate.
This business lax cenificale does not authonze the named business to conduct any activities regulated by the City of Newport Beach or other
agencies. Aulhorieelion for such activities must be obtained from the appropriate departments prior 10 application for business lax. Certificates
are not transferable to any other party or person and are not pro -tared Refunds are not provided once the cedif Gals has been Issued.
Your Wiliness tax ceir oale is valid will the expiration date, and must be renewed annually prior to that dale. Changes in type of ownership
(1 e. from a sole propnelorghip to a pannortihip or LLC). nature of business. or ownership void the current cenificale and require filing of and
payment lot a new application. Additional cenificales are required it atldllional types of business activity are initialed at the same address, or
Add:nnnnl lo[hl:nns of fl:e Same business are established (Municipal Code Sections 5.04 through 5.08)
Fo, yovc:nvenionce. the nevonue Division will mail a courupsy rrnmval nwn:C. prior to the expuabon darn.. IO the Dilrog address of record.
Nun.1 etm 11)1 of the notice flues nal alleviate the requirement to Ifvu;w Per,allies are imposed far late fernewal at a eats of 250,e par month to a
rnaX:main H IOD°<, of the base lax
the Ilvvcnpe Division 1s available to auswcl any questions regarding business lax certhicaign and requirements. Call (949) 6443141, a mail us
al N.wermelAe ut(li. ply.newporPbeaoh.ca Vs. or visit us M I" nlernet an wnwyprly uewWA beach ca.us and view the Municipal Code on-line.
DISPLAY CONSPICUOUSLY ATPLACE OF BUSINESS FOR WHICH ISSUED
CITY OF NEWPORT BEACH
BUSINESS TAX CERTIFICATE
IfilSIAXPAYFICXTCXPIRES 04/10/3011 ACCOUNT NUMBER --____.._T
SERNICP : \DDR Ess
CULINARY COOKING RIDS LLC
fit!SINESS CATEGORY:
MISC SCHOOLS i BDUCATIONAL SVC
SELLERS PERMIT. NO SELLERS PEEMIT
OWNF WPRINCIPAL NAME
BACHELOR, BONNIE
OWNERSHIP TYPE:
LIMITED LIABILITY COMPANY
TAX INCLUDES PAYMENT FOR.
0.00 EMPLOYEES
DATE OF ISSUE. 04/05/2010
PRINT DATE: 04/05/2010
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
ura De Wei Director
creation & bAilor Services
ATTEST: n
By: X VMM�
Leilani Brown, City Clerk
CONTRACTOR: CULINARY COOKING jWSLLC 00�0v)n/ey4
By,.& v&il RAZX/0 Print Name and TitlehhIll tit d vc
Signature Date
gtYlYxf" Steu�n4
By:Q1fi167 khkaA 9'L`10 Print Name and Title: Lo-<AW)er
Signature Date �Op�
Attachments: Exhibit A: Represenatives and/or Employees of Contractor M Lr
CULINARY COOKING KIDS LLC Page II