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HomeMy WebLinkAboutC-4570 - Independent Contractor Agreement Recreation InstructorCITY OF NEWPORT BEACH Recreation & Senior Services Department Q INDEPENDENT CONTRACTOR AGREEMENT � This Agreement is made and entered into as of thisZloof May 2010 by and between the City of Newport Beach, California, a Municipal Corporation and Charter City ("City"), and Jennifer Priest an individual, ("Instructor") to provide the classes in American Red Cross (ARC) Water Safety (WSI) scheduled for ► May, 8, 15, 16, 2010, and American Red Cross Title 22 First Aid for Public Safety Personnel scheduled for June 27, 2010. All classes will be taught at the Marian Bergeson Aquatic Center (MBAC) located at 2102 East Bluff Dr., Corona del Mar, CA. 92660. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 1' day of August 2010 unless terminated earlier as provided herein. 2. COMPENSATION City will pay Instructor one thousand five hundred dollars and 00/100 ($1,500) for instruction services in cooperation with the Recreation & Senior Services Department for the American Red Cross WSI Course and five hundred dollars and 00/100 ($500) for instruction services in cooperation with the Recreation & Senior Services Department for the American Red Cross Title 22 First Aid for Public Safety Personnel Course. 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. C. Class Facility. City shall provide a location for the class without charging Instructor any rental fees, unless otherwise agreed by the parties. D. Class Roster. City shall provide class rosters to Instructor online. 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 in conformance with the ARC instruction materials. That Instructor will teach the American Red Cross Water Safety Instructor (WSI) course during the Aquatics Academy and will teach Title 22 First Aid for Public Safety Personnel on dates listed above. Instructor will work in cooperation with the Recreation & Senior Services Department on the instruction of the American Red Cross (ARC) Title 22 First Aid for Public Safety Personnel. The Instructor is required to follow the ARC instruction materials when teaching the course. INDEPENDENT CONTRACTOR AGREEMENT Jennifer Priest Page 2 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: X I will not be using representatives or employees. 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. The City shall be responsible for providing all first aid supplies, rescue equipment, and personnel. Instructor shall be responsible for providing all written materials and handouts. Instructor shall 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. 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 twelve (12) hours prior to any class cancellation. City urges Instructor to get a substitute, whenever possible, instead of cancelling classes. 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. 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. INDEPENDENT CONTRACTOR AGREEMENT Jennifer Priest Page 3 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 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. xiv. 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. INDEPENDENT CONTRACTOR AGREEMENT Jennifer Priest Page 4 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. 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). X 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 information. 7. 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 INDEPENDENT CONTRACTOR AGREEMENT Jennifer Priest Page 5 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: 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. INDEPENDENT CONTRACTOR AGREEMENT Jennifer Priest 13. INDEMNIFICATION Page 6 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 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. INDEPENDENT CONTRACTOR AGREEMENT Jennifer Priest 19. SEVERABILITY Page 7 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. 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: oo yne hamp As {" sistant rney Ci Co CITY OF NEWPORT BEACH, A Municipal Corporation By .n+n.- . L ra Detw 'ler Director creation & nior Services INSTRUCTOR—J i Wife Priest`ttrFpµN`� By: AM e 05 0� C� Signature Jennifer Pric t Oate Sig nad INDEPENDENT CONTRACTOR AGREEMENT Jennifer Priest Page 8 Before submitfing your contract package to the CRy, the following documents must be completed and or enclosed: Three copies of the signed contract (a completed original contract will be mailed back for your records after processing 1) - Exhibit A — Scrape of Smices 2) Exhibit C —Copy of valid City of Newport Beach Business License, and 3) Exhibit D — Insurance Certificate with Additional Insured Endorsement if not using SCMAF Insurance Plan SCOPE OF SERVICES Teach the American Red Cross Water SafetyInstructor(WSI) course during the Aquatics Training Academy and the Title 22 First Aid for Public Safety Personnel class on dates and locations as specified by City of Newport Beach. All documentation and filing of necessary information with the American Red Cross will be completed within five (5) business days after training and ARC certificates will be provided to the City. Cost: $2000