HomeMy WebLinkAboutAGENDA REPORT 1991 0403 CC REG ITEM 08GPAUL W. LAWRASON JR.
Mayor
BERNARDO M.PEREZ
Mayor Pro Tern
SCOTT MONTGOMERY
Councilmember
JOHN E. WOZNIAK
Councilmember
LILLIAN KELLERMAN
City Clerk
MOORPARK
,30RPARK. CALIFORNIA
City Cou 0 Meeting
of '1991
By
MEMORANDUM
TO: The Honorable City Council
"/i�j
ITEM •
STEVEN KUENY
City Manager
CHERYL J. KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
JOHN F. KNIPE
City Engineer
JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
FROM: Philip E. Newhouse, Director of Community
Services
DATE: March 28, 1991
SUBJECT: Consider Revised Instructor Service Contract
This item was previously considered and approved at your
March 20, 1991 meeting. However, it is hereby returned to
City Council to inform you of some revised language changes
made by staff to clarify the Independent Contractor status,
contractor payment schedule and insurance requirements.
PROPOSED CONTRACT CHANGES:
1. Contract riul a Section 9)
section is being amended to reflect the City's This
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schedule. Y' payment
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Pizevioua action apprnvari
Contractor shall be paid for the services rendered under
this agreement the fee of seventy percent (700) 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
(300) of fees for classes shall be retained by City.
Propo3ed revision tQ read:
Contractor shall be paid for the services rendered under
this agreement the fee of seventy percent (700) of the
registration fees received for the class(es) conducted
799 Moorpark Avenue Moorpark, California 93021
(805) 529 -6864
The Honorable City Council
Page 2
March 28, 1991
by Contractor. Payment for class e will b e made within
tali r y (30) days of date of last class. The remaining
thirty percent (300) of fees for classes shall be
retained by City.
2. IndeRendent Contray -tor g atuus (Section 11) . This
section is being amended to identify who will determine
the method, details and means of performing services
related to their class.
Previous a ion approved:
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 City or 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 City and
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.
Proposed revision to read:
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 City or 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 City and
Ctntractor. Contractor will d tQrminP the method,
details, and means of perfnrmi ng h abov -d .sr.ri herl
services. 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.
3. Insurance R_guireament ($ertion 12) . This section
is being amended to indicate the requirement for
supplemental insurance.
Previous action approved:
Contractor shall hold harmless, indemnify and defend
City and its officers, employees, servants and agents
serving as independent contractors in the role of City
The Honorable City Council
Page 3
March 28, 1991
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 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 City or any of its officers, employees,
servants or agents.
Contractor shall hold harmless, indemnify and defend
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 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 City or any of its officers, employees,
servants or agents. Contractor shall maintain at least
the minimum insurance coverage a2 required in Attachment
"A ", and Contra or' in uran policy shall carry a
general liability special endorsement naming City as
additional insured,
••,.
This change is in agreement with the Joint Powers
Authority Special Event Insurance recommendation (see
Agenda 8 . 0 ) .
STAFF - RECOMMENDATION:
Rescind prior action of March 20, 1991 and approve form of
agreement and authorize the City Manager to sign on behalf of
the City.
PEN :db
Attachments
CITY OF MOORPARK COMMUNITY SERVICES DEPARTMENT
INSTRUCTOR SERVICE CONTRACT
DATE: CONTRACT NUMBER:
NAME OF CONTRACTOR:
ADDRESS:
SOCIAL SECURITY NO.:
BUSINESS PERMIT NO.
PHONE:
CITY: ZIP:
or TAX I.D. 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
RANGE
DAYS
TIME
NO.of
WEEKS
MIN.
MAX.
Contractor further agrees to teach the following alternate days and times:
i
ALTERNATE t'1N 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
s!�aff. No registrations or fees shall be collected from class
participants by instructor.
2. Contractor will furnish 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 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, 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. City further
reserves the right to determine the fee to be charged for participation
in such activity, and Contractor shall not permit anyone to participate
therein who has not paid the required fee. All such fees shall be paid
to City.
S. Contractor shall be solely responsible for any compensation due or
payment to persons employed by him /her in connection with such activity.
6. Contractor 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 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 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 for classes will be made
within thirty (30) days of date of last class. The remaining thirty
percent (30 %) of fees for classes shall be retained by 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 City before publicized. Participant supplies
shall be the responsibility of each participant, or Contractor as
determined by 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 City or 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 City and Contractor. Contractor will determine
the method, details and means of performing the above - described
services. 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. Contractor shall hold harmless, indemnify and defend 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 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 City or any of its officers, employees, servants
or agents. Contractor shall maintain at least the minimum insurance
coverage as required in Attachment "A ", and Contractor's insurance
policy shall carry a general liability special endorsement naming City
as additional insured.
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 City. Contractor is
responsible to advise City of any potential conflicts which may arise in
connection with employment with City.
14. It is acknowledged by the parties that the Contractor is uniquely
qualified to perform the services under this agreement. Neither this
agreement nor any duties or obligations under this agreement may be
assigned by Contractor without the prior written consent of City.
15. 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, Contractor shall provide adequate insurance for the
protection of such employees to the satisfaction of City. A Worker's
Compensation Insurance Certificate shall be filed with 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
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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 greement or caused it to be
prepared.
_ °. 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 cf 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 S IGNA_T_U_R_E�— DATE
CONTRACTOR'S CERTIFICATION OF WORKER'S COMPENSATION COVERAGE
As Contractor, I certify that no one other than myself is performing any
services under this Agreement.
Uontractor's Signature
(If this certification is unsigned, a copy of the Worker's Compensation
Insurance Certificate MUST BE ATTACHED to the Agreement.)
REVIEWED BY:
r
RECREATION UPERVISOR 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 `liame 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.
i
2. ••,.
3.
., Summary of-'Course Content:
Date:
CITY OF MOORPARK COMMUNITY SERVICES DEPARTMENT
INSTRUCTOR INFORMATION
Type of Assignment
NAME:
(Last)
ADDRESS:
(Number) (Street)
TELEPHONE: Home
Social Security No.
Vehicle Operator License?
Yes
(First)
(City) (State)
_ Business
Business Permit No.
No State
(Middle)
(Zip)
List any required professional license or registration /
certificates?
License State Number Expiration Da e
List your education and /or experience related to assignment:
From TQ Subj - .t Total D.Qqree Course Hrs . Certificate
List any recreation, leadership or teaching skills:
Teaching Recreation or Leadership Experience: (Begin with your
most recent)
NAME OF ACTIVITY:
Scope of Instruction:
Hours instruction per week:
Reason for Leaving:
NAME OF A4&%TIVITY:
Scope of Instruction:
Hours instruction per week:
Reason for Leaving:
NAME OF ACTIVITY:
Scope of Instruction:
Hours instruction per week:
Reason for Leaving:
Employed by:
_ Address
From: To:
Employed by:
_ Address:
From To
Employed by:
_ Address:_
From:
To.
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.
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5. RecCttnendations 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
i
Date Reviewer
Date
CITY OF MOORPARK COMMUNITY SERVICES DEPARTMENT
Contract No.
CONTRACT MODIFICATION AGREEMENT
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:
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Except a,%,.,hereby modified, all terms and conditions of said
contract as heretofore modified remain unchanged and in full force
and effect.
CONTRACTOR:
By:
Signature
Typed Name:
Title:
Date:
CITY OF MOORPARK
COMMUNITY SERVICES DEPT.
Recreation Supervisor:
Dir. of Comm. Services:
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, instructor are
not ,*•o 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.
Attachment A
SPECIAL EVENT COVERAGE
(TENANT USER LEASE INSURANCE)
Individuals or groups wishing to lease, rent, or use City of
Moorpark facilities including, but not limited to, the Community
Center, park pavilions, playing fields, picnic areas, playgrounds,
meeting rooms, streets, or rights of way must obtain appropriate
insurance coverage and hold the city of Moorpark harmless of any
liability.
INSURANCE MINIMUM REQUIREMENTS
BESTS GUIDE RATING:
CALIFORNIA STATUS:
COVERAGE:
LIMITS•
411%.
DEDUCTIBLE•
B, GOOD; IX
Admitted
Commercial General Liability
including:
- Lessees as Named Insured
-City as Additional Insured
- Premises & Products /Completed
Operations
- Personal & Advertising Injury
- Liquor Legal Liability
-Fire Damage Legal Liability
- Medical Expenses
$1,000,000 General Aggregate Limit
(other than Products/
Completed Operations)
$1,000,000 Products /Completed
operations Aggregate
Limit
$1,000,000 Personal & Advertising
Injury Limit
$1,000,000 Each Occurrence Limit
$50,000 Fire Damage Legal Limit
$5,000 Medical Expense Limit
General Aggregate applies separately
to each event.
None
NOTE: The individual or group may secure their
meets or exceeds these standards or may apply
Driver Company, Inc. An application form may be
Community Services Department.
CITY OF MOORPARK 4/1/91
own coverage which
to the Robert F.
obtained from the