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HomeMy WebLinkAboutAGENDA REPORT 1991 0320 CC REG ITEM 08P MOORPARK ITEM . 1 PAUL W. LAWRASON JR. of <, STEVEN KUENY Mayor o j Sr el‘ City Manager BERNARDO M. PEREZ MOORPARK. CALIFORNIA .1e pr a CHERYL J. KANE Mayor Pro Tem City C I Meetingjraa City Attorney SCOTT MONTGOMERY of '� .2 1991 inn" Naos PATRICK RICHARDS,A.I.C.P. Councilmember Director of / JOHN E. WOZNIAK ACTION. L /.e'/L .`{ "'0„/ Community Development Councilmember �0 '�� ^ JOHN F. KNIPE LILLIAN KELLERMAN Ar City Engineer City Clerk - (.�tT JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer MEMORANDUM TO : The Honorable City Council FROM : Philip E . Newhouse, Director of Community Services �(` DATE : March 13, 1991 '9 U SUBJECT : Consider Revised Instructor Service Contract Attached for your review is the revised Instructor Service Contract . This contract is used to identify and clarify the arrangements between the City and Contract Class/Program Instructor to perform appropriate instructional and teaching services rendered to the City primarily through the Community Services Department . This contract has been reviewed by the City ' s Risk Management Authority, and all appropriate language recommended has been entered into this contract . Additionally, enclosed are supplemental instructor informational forms : Personal History Information for Contractor ; Contract Instructor Profile ; Instructor Information; Contractor Evaluation; Contract Modification Agreement and Contract Instructor Procedures . Also, we are looking into liability insurance which would supplement our current coverage for programs involving independent contractors . STAFF RECOMMENDATION : Approve form of agreement and authorize the City Manager to sign on behalf of the City. PEN :db Attachments 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 CITY OF MOORPARK COMMUNITY SERVICES DEPARTMENT INSTRUCTOR SERVICE CONTRACT DATE: CONTRACT NUMBER: NAME OF CONTRACTOR: PHONE: ADDRESS: CITY: ZIP: SOCIAL SECURITY NO. : or TAX I.D. NO. BUSINESS PERMIT NO. DRIVERS LICENSE NO. This agreement made and entered into by the City of Moorpark ("City") and the above-named person engaged as an independent contractor in offering instructional services ("Contractor") for personal services to be rendered for City as a instructor. DESCRIPTION OF SERVICES: Contractor agrees to perform appropriate instructional and teaching services and to devote the number of hours necessary to perform the services in a competent, reasonable and appropriate manner for the session(s) as follows: SESSION DATES: CLASS (ES) FACILITY AGE DAYS TIME NO . of MIN . MAX. RANGE WEEKS Contractor further agrees to teach the following alternate days and times : ALTERNATE DAY ALTERNATE TIMES CONTRACT CONDITIONS: 1 . ALL registration forms and class fees for the above-described shall be received by an authorized member of the Community Services Department staff. No registrations or fees shall be collected from class participants by instructor. 2 . Contractor will furnish the City of Moorpark (City) with program content and such descriptive material as may be necessary to publicize the activity. 3. Contractor will take proper care of the facility and any equipment or supplies furnished by the City for the activity, and shall be responsible for damage caused thereto resulting from misconduct, negligent acts and improper use or care. 4 . At City's sole discretion, the City reserves the right to limit the number of participants in such activity and to cancel or postpone the same if the number of participants is deemed not sufficient. The City further reserves the right to determine the fee to be charged for participation in such activity, and the Contractor shall not permit anyone to participate therein who has not paid the required fee. All such fees shall be paid to the City. 5. Contractor shall be solely responsible for any compensation due or payment to persons employed by him in connection with such activity. 6. Contractors shall be at the appropriate facility prior to the scheduled commencement of each class, ready to commence instruction. When desired, contractor may request special publicity, such as photos and features above and beyond the routine publicity done on all classes. 7 . Contractor will submit such reports as may be required by the City in connection with such activity. 8 . Contractor shall keep informed of, and shall comply with, all federal, state and local laws and regulations which in any manner affect her/his performance under this agreement. Contractor shall conduct said services in a professional and dignified manner and shall not violate, nor permit any person participating therein to violate, any rule, regulation or ordinance of the City, the State or the Federal Government. 9. Contractor shall be paid for the services rendered under this agreement the fee of seventy percent (70%) of the registration fees received for the class (es) conducted by Contractor. Payment shall be made within thirty (30) days after the last class session is held. Payment for classes meeting once will be made within fifteen (15) days of date of class. The remaining thirty percent (30%) of fees for classes shall be retained by the City. 10. The following expenses shall be paid out of Contractor's percentage: the cost of substitute teachers and assistants, insurance, instructional supplies and materials and transportation. Class lab fees, if charged, will be pre-approved by the City before publicized. Participant supplies shall be the responsibility of each participant, or the Contractor as determined by the Contractor. 11 . Contractor is and at all times shall remain as to City, a wholly independent Contractor. Nothing contained in this agreement shall be deemed, construed or represented by the City or the Contractor or by any third person to create the relationship of principal or agent, or of a partnership, or of a joint venture, or of any other association of any kind or nature between the City and the Contractor. City shall not deduct any withholding taxes or social security from the compensation of Contractor nor pay unemployment insurance taxes, nor provide Worker's Compensation payments or other benefits on behalf of Contractor. 12 . The Contractor shall hold harmless, indemnify and defend the City and its officers, employees, servants and agents serving as independent contractors in the role of City Manager, Deputy City Manager, Director of Community Development, Director of Community Services, Director of Public Works, City Clerk or City Attorney from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from misconduct, negligent acts, errors or omissions of the Contractor or any of its officers, employees or agents in the performance of this agreement, except such damage as is caused by the sole negligence of the City or any of its officers, employees, servants or agents. 13 . Contractor may represent, perform services for, and be employed by such companies and governmental entities as Contractor, in Contractor's sole discretion, sees fit, with the exception of any firm or individual which may present a potential conflict of interest with the City of Moorpark. You are responsible to advise the City of any potential conflicts which may arise in connection with your employment with the City. 14 . Contractor will determine the method, details and means of performing the above-described services, with approval from the City Manager or his designated representative. Neither this agreement nor any duties or obligations under this agreement may be assigned by Contractor without the prior written consent of City. It is acknowledged by the parties that the Contractor is uniquely qualified to perform the services under this agreement. 15. The Contractor shall provide Worker's Compensation Insurance as required by the California Labor Code. If any class of employees engaged by the Contractor in work under this agreement is not protected by the Worker's Compensation law, the Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. A worker's Compensation Insurance Certificate shall be filed with the City before beginning work, unless Contractor submits a written certification that no one other than Contractor is performing any services under this agreement. 16. City also agrees to furnish the space required and/or designated facilities for use by Contractor while performing any of the above described services required to be performed on City's behalf. Contractor agrees to furnish the necessary materials and labor required to perform the services listed above. 17 . This agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, oral or written, are hereby merged herein. This agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto. 18 . Should interpretation of this agreement, or any portion thereof, be necessary, it is deemed that this agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the agreement or caused it to be prepared. 19. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. 20. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 21 . This Agreement is made, entered into, executed and is to be performed in Moorpark, Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. SPECIAL PROVISIONS: CONTRACTOR'S SIGNATURE DATE REVIEWED BY: RECREATION SUPERVISOR DATE APPROVED AS TO CONTENT: DIRECTOR OF COMMUNITY SERVICES DATE AUTHORIZED BY: CITY MANAGER DATE CITY OF MOORPARK COMMUNITY SERVICES DEPARTMENT PERSONAL HISTORY INFORMATION FORM FOR CONTRACTORS NAME (last) (first) (middle) (sex) (birthdate) ADDRESS : (residence address) (city, state) (zip) (telephone) (mailing address - if different from above) (zip) (in care of) (permanent address - if different from above) (zip) (in care of) IN CASE OF EMERGENCY NOTIFY : (name) (home phone) (work phone) (address) (city, state) (zip) (relationship) SPOUSE : (name) (home phone) (work phone) (address - if different from yours) (zip) GENERAL INFORMATION Principal Occupation : Employer (name and address) : Certifications (types/numbers) : California Driver ' s License No : Expiration Date : Tax I .D . No: Social Security Number Verified by MEDICAL INSURANCE WITH EXPIRATION DATE POLICY NUMBER GROUP NUMBER You are required to immediately inform the Recreation Supervisor in writing of any changes in the above information . Contractor ' s Signature Date CITY OF MOORPARK COMMUNITY SERVICES DEPARTMENT CONTRACT INSTRUCTOR PROFILE CLASS/ACTIVITY NAME : Instructor ' s Name : Instructor ' s Professional Education/Qualifications : Instructor ' s Experience : Instructor ' s Certifications/Awards : Special Materials or Skills Required for Class : Objectives of Course : 1 . 2 . 3 . Summary of Course Content : Date : CITY OF MOORPARK COMMUNITY SERVICES DEPARTMENT INSTRUCTOR INFORMATION Type of Assignment NAME : (Last) (First) (Middle) ADDRESS : (Number) (Street) (City) (State) (Zip) TELEPHONE : Home Business Social Security No. Business Permit No . Vehicle Operator License? Yes No State List any required professional license or registration / certificates? Jiicense ,$tate Number Expiration Date List your education and/or experience related to assignment : From To Subject Total Degree. Course Hrs . Certificate List any recreation, leadership or teaching skills : Teaching Recreation or Leadership Experience : (Begin with your most recent) NAME OF ACTIVITY: Employed by : Scope of Instruction : Address : Hours instruction per week : From: To: Reason for Leaving : NAME OF ACTIVITY: Employed by: Scope of Instruction : Address : Hours instruction per week : From: To : Reason for Leaving: NAME OF ACTIVITY : Employed by : Scope of Instruction : Address : Hours instruction per week : From: To : Reason for Leaving: CERTIFICATE: I certify that all statements are true and complete to the best of my knowledge. I understand that any false statements will disqualify me from further consideration or result in my contract being terminated in the event the City of Moorpark contracts for my services . Signature Date Instructor : Due Date : CITY OF MOORPARK DEPARTMENT OF COMMUNITY SERVICES CONTRACTORS EVALUATION FORM NAME OF ACTIVITY: SEASON: LOCATION/CENTER : DATE AND DAY (S) OF WEEK: TIME : NO. OF WEEKS : 1 . Are there any patron comments you would like to bring to our attention? 2 . Are there any changes in the program that you would like to see? 3 . Do you have any suggestions or comments regarding the following; class size, age of students, location of class, equipment needed, lab fees, times or dates? 4 . Please list most favorable aspects of the class and three objectives that were obtained . 5 . Recommendations for improvements : 6 . Overall comments : NOTE: Please return this form with patron evaluations and the Lab Fee Report if applicable . Thank you for your assistance . / / Signature Date Reviewer Date CITY OF MOORPARK COMMUNITY SERVICES DEPARTMENT CONTRACT MODIFICATION AGREEMENT Contract No . Modification No . Effective Date TO: (Contractor' s Name & Address) Issued by : CITY OF MOORPARK COMMUNITY SERVICES DEPT . 799 Moorpark Avenue Moorpark, CA 93021 The above numbered contract is modified as follows : Except as hereby modified, all terms and conditions of said contract as heretofore modified remain unchanged and in full force and effect . CONTRACTOR : CITY OF MOORPARK COMMUNITY SERVICES DEPT . By: Recreation Supervisor : Signature Typed Name : Dir . of Comm. Services : Title : Date : City Manager : CITY OF MOORPARK COMMUNITY SERVICES DEPARTMENT CONTRACT INSTRUCTOR PROCEDURES The procedures that follow have been established to benefit the students and instructors . It also will provide an organized and professional program for everyone involved. 1 . Instructors must record daily class attendance on the attendance sheets provided by the City. 2 . Instructors must insure that all doors and windows in the classroom are locked prior to departure . (Remind the Recreation Staff on duty that doors need to be locked. ) Also, all chairs, tables and equipment must be put away . Please leave room as clean as you found it . 3 . Instructors must arrive on time ! Instructors should not end class early due to the fact that most parents of young students will not be at the center to pick up their child until class is scheduled to end! Instructors must remain on site until the last program participant is picked up. 4 . If for any reason a class must be cancelled by the instructor, it will be the instructor ' s responsibility to contact all participants and the Recreation Supervisor to confirm cancellation. The class must be made up at a later date . 5 . Prior to any schedule changes, additional charges or special requests made to the class participants, the Recreation Supervisor must be informed in writing. The class instructor must have written approval of any changes requested before they are made . 6 . Due to liability and registration procedures, instructors are pot to allow any students to participate in any class unless they have pre-registered with the City, and their name appears on the office copy of the class roster . NO EXCEPTIONS ! INSTRUCTORS WILL NOT BE PAID FOR NON- REGISTERED PARTICIPANTS . 7 . City will provide one copy of the class roster to the instructor . If an instructor desires additional copies of the class roster, it will be the responsibility of the instructor to request a copy. No rosters are to be removed from the class registration book except by City staff. 8 . Instructors will be responsible for all copying and duplicating of class materials at their expense . THANK YOU FOR YOUR COOPERATION.