HomeMy WebLinkAboutC-4389 - Independent Contractor Agreement Recreation Instructor(' ( L
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CITY OF NEWPORT BEACH
Recreation & Senior Services Department
INDEPENDENT CONTRACTOR AGREEUFAT
This Independent Contractor Agreement ("Agreement") Is made and entered into
as of October 1, 2010 by and between the City of Newriort Beach, a :California
Municipal Corporation and Charter City ( "City'), and Arts & Learning'Corporation, a
California corporation, doing business as ( "DBA:) Arts & Learning Conservatory
("Contractor to provide the classes or. programs in Arts ("Casa" or `Program') herby
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 31 I day of December 2012 uniass termiitsted ewWr 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 am t equal to slit perc>gnt: (05%) of
the amount of the total enrollment fees colkkled,. MMus the nonaealdent fee and a five
dollar and no/100 ($5:00) per person administration fee for eadh`Class'held
City may renegotiate compensation with Contractor anytime during . the. term of this
Agreement, during the period that the Class is conducted sisntikt Contra list 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. RegistrAbbn. City shall register all participants for classes and shall . collect all
enrollment fees. Contractor shah not accept enrollmerit -fees dk6ctly from a
participant unless the 01tyapproves, ih advance and lin writing; the acceptance of
enrollment fees by the Contractor. Contrac tors . shall only collect material fees
that are pr"pproved : by the City and pubfishod in advent ' in the Newport
Navigator and/or the'QASIS News (if appRwble). Such maial'1(isa shall be
collected by Contractor at the first class meeting.
V ..
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:
L 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 : / /newnortbeachca.aov /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
RON HANKS Page 2
provide proof of legal right to work in the United States. Contractor is responsible
for training, supervising, evaluating, scheduling; "and any other requirements by
law for all contractors, representatives, and employees
B. Reprasenfative&Smptoyees. Contractor shelf provide the Cot+ with the Name(s),
Addresses) and Phone Number(s) of all representatives or employees who will
be providing any serviras pursuant to this Agreement. All representatives or
employees must comply with the fingerprint policy (Section 8).
Please initial the stant that applies:
T I will not be using repr9esentat vas or empkgees.
I will be using representatives or employees: Attached please find as
Exhibit A, and ft&porated herein by refer4nds the NO names, addresses
and phone numbers of all representatives or employees who will be
providing any services pursuant to this Agreement.
Contractor shall not suboontract or assign any portion of," rights, obligations or
duties required under this Agreement, without first ° obtaining ° prior written
approval from tw City:: Suboorrifraits if -any, shaA'eoritaln•a'- ptoviilbn making
them sub ect t"DpMVislons of this
j Agreement: <
C. Stlpplleslligtj*wvnf. • °Contractor shall. 1;a9' responsible for providing -all "suppma,
equipmert; personnel; materials, and anti -additional' publidity desired for the
class: at", Corftdors We' expense. Contractor:ahalf also be'respotisible for
repairing and maintaining all equipment and supplies in good working condition.
D. Anti- Diwdminadon `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 udder 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. Glass 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 aW CIO" o Dings advertised in the Newport NavIgator and/or
OASIS News unless Contractor cancels ttie .Class three (3) business days prior
ARTS & LEARNING CONSERVATORY 13 e 3
to the start .date, with. the prior written approval of City.. In the event of such
approved cancellation,. Contractor shall. :be :rWonsiblefor informing. all registered
participants. In the eveajt. thy. the minimum number of .participants is. not met by
the first Class meeting, the Class shall be cancelled and the Contractor shall not
be . oDmpensated. for attending the first meeting or for any cancelled Class.
Contractor shall not be obligated to provide any additional services in regards to
the "hqa ed Class,, If the minimum number. of participants is met or, exceeded,
the Class shall .be, held as scheduled (even if any of the initlai participants
subsequently drop the Class), subject to paragraph 14 of this Agreement. If the
demand Is such that an additionst.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:W lack. of enrollment, the class will
not be scheduled again until C ty determines that public demand has increased.
F.. Use of NOn -ENy Fec t s for Cidsses. • If Contractor desires to conduct the Class
at hislW ..pkm of business,..or some other non City. -owned -site or facility,
Contractor must: , .
I± oft City t; least twenty -four .(24) hours in advance,
ii. etf far all .P � ats;_ ?
iu. Pos4.s at ehe sitar direct participants,to the,locatien of class, and
iv. Allow access to City staff to file ku:ation:Own requested.
G. /tbsen -. Contractcx. Il obtain , permission from.City:one (1) Week.priar to any
pI@nned :abserioa;from:the,;cla W.In the event.of illness ,.OorYtractor- is.required to
nottfy. City :and.- PaMcipants.WmJve (12) hours prior. to any.dass panceliation.
City urges Contractor to get a substitute, whenever possible, instead of
cancelling Classes. Contractor shalt obtain Gty s prior written approval of any
substitute Contractor. Any substitute contractor, representative or employee must
have oompietsd a crirnlnal background check pursuant to Paragraph .8 prior to
toaching.any City programs or Classes.
When cancelling a Class, Contractor. shall ,contact all participants . as soon as
possible.
H. Contact Worrnetion. Contractor is required to notify City in writing of any name,
address, tetephone number, email, website or direct deposit payment changes
within 4$ hours of such change.
1. 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. P ftlpent,Emergency Waiver .Form Requirements.. AN. Contractors who
oifer.camps shall require all participants to complete and return to Contractor, or
. $ & LEAMONO O"N"S "sli A ORY page 4
his /her designee on or before the first day of camp a City issued "Emergency
Contact Information Form ".
K; Sign -Out Sheets. A I 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 hUaWnewpoitbeachCa.ai►vdndox.as ix ?gpoe =1432.
L. Other Requirernents. Contractors shall:
1. Cooperate fully with all reasonable requests from City staff.
ii. Maintain the highest degree of participant safety possible.
W. Immediately report to the Recreation & Senior Services Office any lnjures 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 in)ury to a Class
participant, or other needed maintenance repairs.
v. Contact participants, ff /when a Class is cancelled _ and confirm all
cancellations and/or make=up classes, in writing, wUh Chysteff:
vi. Clear all- participants' from the designated Class are's at-ft end of Class time
unless participants continue to use public City f" Wes for personal use
without conflict with other scheduled activities and in accordance with posted
hours and availabifrty firnifations.
vii. Ensure that any'miusic or sound system Is kept at levels that will. not Interfere
with other classes or create 'a public disturbance /riulsarice:
viii, Close and secure the room or building at the and of bath Class.
ix. Turn off any fights, heat, air conditioning, or other 'utilities when Class is
finished.
x. Schedule make -up Classes in advance.
A. Complete and return the quart" `Contract Class Schedule" requested by
the City if Contractor wishes to be a part of the marketing materials.
xil. Know facility rules and regulations and provide pertinent Information O.e.
refunds) to participants.
All. flay a $20 lost key /replacement fee when Contractor requests replacement
key.
xiv. Abide by all City policies and procedures including, but not frmited . 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 lost/replacement Contractor Photo ID Badge,
Contractor Photo ID Badges are distributed upon renewal of Agreement with
City.
ARTS & LEARNING CONSERVATORY Page's
S.- INDEPENDENT CONTRACTOR
The parties intend. and agree that at all times during the performance of services under
this moment; Contractor shall act as an Independent Contractor and shall, not be
considered an agent or employee. of City. As such, Contractor shall have the sdie legal
responsibility to remit all federal _ and state income and social security taxes and to
provide for His/her awn 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 coMradors 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. t^seneral kMillty Insurance, Contractor must provide and maintain at all times
mineral liability insurance in an amount not less. than. one million dollars
($1,000,000) Kam!` occurrence. for bodily injury, . personal : injury. -and property
damage..The policy. shall .carry .a genoral Habiltty spaaat ®ndorsemer►t naming
the City of Newport Beach, its elected:pr.appoiitW- 0fifi1*M, employees, agents
and volunteers, cis. .ad litaonal;.nameti insured in the amount; of: one million dollars
($1,000,000) pee oow"noe, Evidenpe of insurance c.g....ra...,.strall . be sent to
the Recreatlon.& Senior.. Se _ .. D paoMent and cnust.be.approved by Yhe.City
Risk Management. or their desi ee . prior to the first; Ctasslday of instruetian.
Contractor shall have the option of purchasing coverage through, " City of
Newport Beach's Special Event insurance program, or providing his/her own
coverage. If a Contractor., ads 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.Finencial Size
Category Class of vil (ar larger). Said policy must also provide a .written thirty
(30) day notice of cancellation. (tan (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 requirsd.by California law to protect said Contractor from claims under
the Workers' Compensation Act.. .
8 LEA 040 CONS MAYMY Fuse 5
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.
P 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 ( "3CMAF ") and will
pay all required fees billed on a quarterly basis I by the City. " I have
reviewed the Contract Contractor " Handbook for complete
Information. Please note that SCAUF "does not provide coverage for
Worker's Compensation or Automobile Insurance LJabiW.
7. COMPLIANCE VATH ALL LAWS
Contractor, and his/her employees, agents and representatives shall at all times
obs a
erve nd comply with all taws, 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 (36) 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 assodated.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. "
ARTS & LEARNING CONSERVATORY Page 7
9. TRANSPORTING OF MINOR PARTICIPANTS
Unless the Program specifically involves travel or transportation of minors jo an of€s €te
location, Contractor, or Contrador'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 wham the minor may be released. if no
contact can be made with any of the above Individuals,. Contractor shall contact xhe City
Recreation Supervisor or Rarreatlon Manager at the Recreation & Senior Smvices
Office at 949 -644 -$151 (Monday through Friday, 8am to 5pm.), or the Park Patrol
Division. at 949 -796 -2381 (Monday through Friday, 5 to 9pm, and Saturday.and Sunday,
98rn to 5pm.j, During-all other- hours, Contractor shall contact the Watch.Commander at
the Newport peach Police Department for assistance at 949- 644 -3730.
10. CONFfDg"TtAU'I1i', OWNERSHIP OF DOCUMENTS
All Class rosters, participant addresses and contact information, and any other such
information or documents compiled by City and provided to t ontract . r.,.shall remain the
property. of City. Contractor shall not release such information to others without the
p nor. written authorization by. City, Contractor shall not use such information for any
other purpose than those .aauthorized by City. Ail Class rosters,. Class participant .
addresses and contact informatlon, shall be used by the Contractor solely for
administration of Classes, and performing. City business. Contractor will tak, e. reasonable
steps consistent with the law to prevent ,d €stribution 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
sitee or ,participants, in any publicity pertaining to Contractor's services or Class in any
magazine, trade paper, newspaper, radio -or television production, irdern%, 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 Nations 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
ARTS .& LEARNING CONSERVATORY Page 0
Halt. 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 avallable in the Revenue Division Office at City Mail. A
copy of your Business License must be submitted with this Contract. An
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 equrse 'd = p6tforming
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-th leg�iiy protected
rights of any third parties, with respect to works performed, logos displayed, or written or
digital, materials- provided by: Contractor and used dunng`the 'performancW of. #6
Agreement. Such WOW protected. rights of third parties include but are notlitnited'to
trade secrets, moral rights, proprietary acts, U.S. patents; trademarks, service marks
and copyrights vested or issued as of the effective data of this Agreement, If Contractor
will be providing a public performance of musical compositions or arrangeritentsthat 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 Calitomia 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.
ARTS & LEARNING CONSERVATORY Page 9
% 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 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 c oristruction which might otherwise
apply.
% . INTEGRATED. CONTRACT
This Agreement represents the fult, 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.
99. S;EVERABILITY
If any; term: or; portion of this Agreement is held: to
unenforceable: by a - court . of .competent jurisdid ion,
Agreement,shaA. cxxdinue in full -force and efW.. .:.
20. , .WAITER..
beAnvalid, ifiegat, or-.:othervvise
the :remaining provisions :af: -this
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.. CLANS
The Contractor and the City expressly agree that in addition to any claims•- fi'ting
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 940 of seq..
ARTS& LEAANING CONSERVATORY F�age'10
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:
WantAut
ampAney
ATTEST: n
CITY OF NEWPORT BEACH,
A Municipal Corporation
Byf\ ray
w\Laura De ler, Director
Recreation & Senior Services
CONTRACTOR: ARTS & LEARNING CONSERVATORY
Byz-
igl Date
X BY:
Signature Date
Print Name and Title: 1t�w ,,0're(m /tea
Print NemR anr9 Tit1w �YEArPG�i'�/
Attachments: Exhibit A: Represenatives and/or Employees of Contractor
ARTS & LEARNING CONSERVATORY page 11
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 wilt be
mailed back for your records after processing)
2. InWat the appropriate statement on Page .3 and Complete Exhibit A as
appropriate. ;
1 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 K not using SCMAF Insurance Plan; Workers Compensation
Coverage; Automobile Insurance Coverage
ARTS & LEARNING CONSERVATORY Fags 12
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 Arts and Learning
Corporation, a California corporation DBA Arts & Learning Conservatory (Instructor) to provide the
classes or programs in Preschool Arts 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 Locations except Newport Coast Community Center & Summer Camps — 65%
• Newport Coast Community Center (excluding summer camps) — 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 racility. 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
Arts & Leaming Conservatory
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.
v 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 pennitted 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
not met by the first class meeting, the class will be cancelled and the Instructor shall not be
INDEPENDENT CONTRACTOR AGREEMENT
Arts & Learning Conservatory
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.
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
Arts & Learning Conservatory
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.
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
Arts & Learning Conservatory
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:
1 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.
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
Arts & Learning Conservatory
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
Arts & Learning Conservatory
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
Arts & Learning Conservatory
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:
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Leila i Brown, b1flerk
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CITY OF NEWPORT BEACH,
A Municipal Corporation
X1/0
Date Signed
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Date Signed
Before submitting yourconfrdd package to the City, the following documents most be completed and or enclosed:
1) nm mpiesof Mesgnedcontrad(ammpletedodginaiwntmdmilbemailedbec Wb urrecwtlsaRerprocasvng
2) Exhibit A - (lompleMd List of(3ontract lnstrudor Representative, Employee and/or Agent Names Fam
3) ExhibitC- Copy of valid CM of Newport Beach Business License, and
4) Exhibit D - Insurance Certificate with Additional Insured Endorsement if not using SCMAF Insumnre Plan
Exhibits: A - Contract Instructor Representative, Employee and/or Agent Form
B -- Contract Instructor Handbook 2009-10
C - Business License —rl Di• JeeX-Ld. 7o/ 90OILAr1—
D - Certificate of Liability Insurance with Additional Insured Endorsement
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OB/18/2009 12:23 9494170206 _ INSURANCE PAGE 02/02
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COMMERCIAL CEN ERAL UADILITY COYERAO E PART
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