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HomeMy WebLinkAboutC-4347 - Independent Contractor Agreement Recreation InstructorCITY OF NEWPORT BEACH Department of Recreation & Senior Services INDEPENDENT CONTRACTOR AGREEMENT SENIOR SERVICES DIVISION This Agreement is made and entered into as of this 9`s day of June 2009 by and between the City of Newport Beach, California, a Municipal Corporation and Charter City ("City"), and Suzy Hazard ( "Instructor") to provide the classes or programs in Country Line Dancing hereby agreed upon, as scheduled and described in the Newport Navigator and the OASIS News, which are 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. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 3& 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 an amount equal to 66% of the amount of the total enrollment fees collected, minus the non - resident fee and a $3 per person administration fee for each class held. 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 and OASIS News. 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, and the OASIS News which is published 12 times a year. City shall have the sole discretion to decide what information will be included in the Newport Navigator and the OASIS News about the class and the Instructor. Publicity may also include flyers created by the City. Instructor is not permitted to create their own flyers without direct approval of City. 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. INDEPENDENT CONTRACTOR AGREEMENT Contractor Name: Suzy Hazard Page 2 City shall provide refunds to participants who: • Drop the class before the second class meeting; • Drop a one -day workshop 5 business days before the workshop; or • The class is canceled by the City or Instructor. 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 unless prior arrangements have been made. 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 Gass 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 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, and materials, 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 INDEPENDENT CONTRACTOR AGREEMENT Contractor Name: Suzy Hazard Page 3 requirements of the Americans with Disabilities Act in the performance of this Agreement. E. 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 Gass. Instructor or Instructor's authorized representative is required to attend the first Gass meeting of all class offerings advertised in the Newport Navigator and OASIS News unless Instructor cancels the Gass two (2) business days prior to the start date, with the prior verbal approval of City. City staff will verify that the minimum enrollment for the class has been met at least two (2) business days prior to the first class meeting, will notify the Instructor and ask if they wish to cancel the class. In the event of such approved cancellation, City staff will inform all registered participants. 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 the 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. 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 twenty -four (24) 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 notify the City staff 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 OASIS instructor training. Failure to attend without prior written approval shall result in City retaining an additional 5% of the total enrollment fees collected. Other Requirements. Instructors shall: L Cooperate fully with all reasonable requests from City staff. ii. Maintain the highest degree of participant safety possible. iii. Immediately report to the City via the OASIS Administration Office any injuries as a result of class participation. OASIS Administration Office: 800 Marguerite Ave, Corona del Mar, CA 92625. (949) 644 -3244 iv. Immediately report to the City via the OASIS Administration Office any damage to the classroom or program facility that could cause potential injury to a class participant, or other needed maintenance repairs. INDEPENDENT CONTRACTOR AGREEMENT Contractor Name: Suzy Hazard Page 4 V. Confirm all class cancellations and/or make -up classes, in writing, with City staff at: 800 Marguerite Ave, Corona del Mar, CA 92625 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. Schedule make -up classes in advance through City. ix. 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. X. Know facility rules and regulations and provide pertinent information (i.e. refunds) to participants. (Copy provided). A. Abide by all City policies and procedures including, but not limited to, the requirements set forth in the Newport Navigator, the OASIS News and the OASIS 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. 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 -FOR SENIOR FITNESS CLASSES ONLY 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- INDEPENDENT CONTRACTOR AGREEMENT Contractor Name: Suzy Hazard Page 5 payment of premium) to the City of Newport Beach Recreation & Senior Services Department, at the following address: PO Box 1768, Newport Beach, CA 92658 -8915. 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). 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. 9. 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. 10. 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 INDEPENDENT CONTRACTOR AGREEMENT Contractor Name: Suzy Hazard Page 6 paper, newspaper, radio or television production, Internet, or other printed or electronic medium without the prior written consent of City and participants. 11. 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. 12. 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 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. 13. 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. IT, �d� .I`li Z91wi,ECIw_\iL•1zI1xvi:(Z 01-= 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. INDEPENDENT CONTRACTOR AGREEMENT Contractor Name: Suzy Hazard 15. AMENDMENTS Page 7 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. 16. 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. 17. 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. 18. 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. 19. 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 Contractor Name: Suzy Hazard 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: yneh .B p Assistant City Attorney CITY OF NEWPORT BEACH, A Municipal Corporation By CL-� i u Detweiler, R estion & Senio Services Director ATTEST: g pIEWpO*L Qt -By: VnLeilani Brown, City CI krnORN1P INSTRUCTOR — Contractor Name By: idcrry 14 .2>.I.tt� 2 Signatur Prin ipal(or Corporate Officer) Suzy Hazard, Instructor Please print name & title Signature of Financial Officer (Treasure or Secretary) Please print name 6-8-o9 Date Signed Date Signed Before submitting your contract package to the City, make sure the following are enclosed 1) 3 copies of the signed contract (one original contract will be mailed back for your records after processing); 2) Exhibit A- Completed List of Contract Instructor Representative, Employee and/or Agent Names Form; 3) Exhibit C- Copy of valid City of Newport Beach Business License; and 4) Exhibit D -(Fitness classes only) Insurance Certificate with Additional Insured Endorsement If not using SCMAF Insurance Plan Exhibits: B - OASIS Instructor's Handbook 2009-10 C - Business License D- Certificate of Liability Insurance with Additional Insured Endorsement (Fitness classes only) ACORD CERTIFICATE OF LIABILITY INSURANCE 9PID, es. °FTEIMNOO/YYYYI� Interwest Insurance Services IONLV PND CONFERS NO RIGHTS UPON THE CERTIFICATE License #OB01099 HOLDER.THISCERTIFICATE DOES NOT AMEND, EXTEND OR P.O. BOX 8110 LP47TM THE COVERAGE AFFORDED BY THE POMCIES BELOW Mica CA 95927-8110 Phone: 530-895-1010 Fax:530-895-1313MSURERS AFFORDING COVERAGE MAIC# M6GFEa YEURMA- Ph11aEClnhiA Tag CO, fACRI n1EP6LCIE6 Cf WdIRNI£LI6fEDLELOW HAW OEM I59kDttITHE INfilYnp xU¢L A9pyFfd INE F0.ICYPERM IPDIGIFD.IgM1n6lMlNHG pNYPELIIFFAEM.IFSMQG CGMJIiIM OF M'r IXNIPAT OR DTER OooNMLM1TX ELi TO MEN MIS CEANPNf W Wy OF I651EDW MOV PQIfNN. 11E IN61NN (E A�FCFCtn BVME WLICIESDE6CRIEEDIEFEIN ISSLf4EGTttIgLL 1NE 1Eg15, p[LGflpg pp CCYnDprygef gDCN F0.CEfi. KvGFEGAIE LRA11651Wa1 MqY WIVEDEENPEWO_DBY VNGggIN6. 1R T GOf1161R s PttIC/NIxeFR WlE 1MRNPTl1 WlE LIME& ERRL 1 -MU." ExxacuncrxO $1,000,000 A aM/DiCLM f#TTE];4 LvannY �iei QDCen Ix 09/18/09 09/18/10 PNENISES Ea OmLNlnl $300,000 MED EImuNNRna x.aaN1 $1,000 Prof Liability vER6DIrLnem NLM $1,000,000 EErER$Lur,IE m $2,000,000 PalcrLOC $2,000,000 Abuse/Nol 100/300 ANOMJfiIF LIPBYnY E0491NEDSOKKELNIT i KLOWIEDAM� 60EgLE0INO6 B]DAYINANT $ Twwam) MIRED PIIfp$ N]flVTM1fa£D PNW DLdLY INEM $ (PRLCN]Rg pAFkAIY WM4OE E (Pa ecNneFU CORAEELN&LILY NIIOdLY-FA KCMIFfIf $ P AUPD EAe $ o EMEY wmgaY AyG S ExCESSW.BRH14L1f9nY DOWN ❑ rJUAS� f OCCGM£M£ S AOGRD OIE : CERCII0.E $ R mman : $ htlM{ati CCMENgrNM10Np EMIMI£R6'LWIYtt 7ORYLMDS FR EL. E^➢IAtt1LEM S Mtt aPlCR21EiWNMMnI.E):ECIPNE C£yFICEM,k'AtlFR FX0.1rEDi is MFRWISOI6 M:w EL. gfENE-FA ETfLOYF£ S E1, OISFA�-Ftt<Y LMR i ON EN A Abuse/Molestation 04/18/09 09/18/10 Occurence 100,000 —_ 24gregate _.._300-.000-_— a3 DEm. is oxelLocnd nae�rs agreed thatins a following entity It is understood and agreed that the following evtity is added as an additional insured but only with respect to the operations of the named insured except that liability resulting from the additional insureds sole negligence. BMOULD N11' OF nE PBOV E DEBCRME° PoLICES BE CN10EnED BEFORE n1E F%FpM1Oi nnn: RNEPEoS EIe mUND ENURm vu EnKAYONrO MNL 30• onmwxnrt NOn[E To THE COGINCRVE N«OER MOM TO THE LEFT. OUT FAMINE TO pO 60 31 V LL The City of Newport Beach PVDSE NO D6UOAMON OR LMBunT OF Aerc KIND UPON THE INWRW na ADENMM 3300 Newport BlyE REPRE6EMAl Newport Beach CA 92663 NaAas3EvrA ACORD 25 )2001N8) OACORD CORPORATION 1950 (S) CI'T'Y OF NEWPORT BEACH falls A HAZARD ACCOUNT NUMBER: EXPIRATION DATE: 06/30/2010 INSTRUCTIONS AND CONDITIONS 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 tax to conduct the business activity designated, within the City of Newport Beach, until the expiration date Shown. Please reply tine Revenue Division Immediately 0 any of the information on the certificate changes. This dedi0cate. is valid only at the address indicated and must be displayed In a conspicuous location. If your business is not eorduded at a permanent location Municipal Code requires that any representative. while transacting business within ire city, carry this codificate. This business tax certificate does not authorize the nemed business to conduct any activities regulated by the City of Newport Beach or other agencies. Authorization for such activities must be obtained from the appropriate departments prior to application for business tate Certificates are not transferable to any other party or person and are not pro -rated. Refunds are not provided once the c m heater has been issued. Your business tar candidate is valid until the expiration data and must be renewed annually prior to that date. Changes in type of ownership (1.6. from a sole proprietorship to a partnership or LLC), nature of business, or ownership void the current certflcate and require filing of ern payment for a new application. Additional certificates are required if additional types of business activity are initiated at the same address, or additional locations of the same business are established (Municipal Code sections 5.04 through 5.08). For your convenience, the Revenue Division will mail a courtesy renewal notice, prior to the expiration data, to the billing address of record. Nan -receipt of the notice does not alleviate the requirement to renew. Penalties are imposed for late renewal at a rate of 25% per month to a maximum of 100% Of the base tax.. The Revenue Division Is available to answer any questions regarding bu`I{ress tax cadpialion and requirements. Call (949) 644-3141; e-mail us at RavenueHalp®city.newport-beach.caus, revisit us on the intend aF www d newootbeach ca us and view the Municipal Cade dMine. DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED CITY OF NEWPORT BEACH BUSINESS TAX CERTIFICATE THIS TAX PAYMENT EXPIRES: 06/30/2010 ACCOUNT NUMBER: SERVICE ADDRESS:f-nyY%F'q��I_A� OWNER/PRINCIPAL NAME: SUE A EAW" c 6Z' -' -` "Yt NAS'ARD. SNE A �i 3 sit t ` OWNERSHIP TYPE: SOLS PROPRLHTONBHIP t- BUSINESS CATEGORY: <.. TAX INCLUDES PAYMENT FOR: Ii SCHOOLS A EDUCATIONAL SV 0.00 SNPLOYEES SELLERS PERMIT; NO SELLERS PE T a DATEOFISSUE: 06/22/2009 p PRINT DATE: 06/22/2009 Z'LT