Loading...
HomeMy WebLinkAboutAGENDA REPORT 2016 0203 CCSA REG ITEM 10FITEM 10.F. CITY OF MOORPARK, CALIFORNIA City Council Meeting of rl., !J_:~,:Z.:...:..0_1_(, _ __,_ __ ACilON: Q4>LJA +sud ,g./:,.P( vr TT .. A IL<'-ri1 aCY> 9 tft lttZ+ AIU MOO RP ARK CITY CO U NCI LBY:. __ --'.'ii;:.L...1-.....c.\&;f~M!ll41b=.-:;:;a:::;,___ AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director -:S:-L, BY: Stephanie Anderson, Senior Management Analyst,0 DATE: January 4, 2016 (CC Meeting of 2/3/16) SUBJECT: Consider Adopting Contract Instructor Policy BACKGROUND AND DISCUSSION The Recreation Division offers a variety of City sponsored recreation classes to the public. Class offerings are developed and scheduled on a seasonal basis (summer, fall, winter, and spring.) A majority of these classes are taught by contact instructors. Over the years, staff has implemented various administrative procedures and practices to manage contract instructors. Many of the procedures and requirements for contract instructors are summarized in the City's contract instructor packet. Once an agreement has been executed with a contract instructor, the contract instructor's performance is governed by the terms of the agreement. However, at this time, there is no formal comprehensive policy regarding how new contract instructors are selected, or how contract instructor class proposals are processed. The purpose of the attached Contract Instructor Policy (Policy) is to provide direction to staff and instructors relating to the methods and standards for accepting and processing class proposals from instructors that wish to teach classes through the City's Recreation Division. The Policy describes the various requirements that apply to contract instructors, including experience/education requirements, insurance requirements, fingerprinting requirements, and tuberculosis test requirements. The Policy defines contract instructors as independent contractors who are not employees of the City. The Policy describes the process for accepting or rejecting specific class proposals from contract instructors who meet the City's requirements. The Policy defines the 106 Honorable City Council February 3, 2016 Page 2 information that must be included with the proposal, and the timeframes in which proposals must be submitted each season, including the criteria that will determine whether a specific class proposal is accepted or rejected. The policy also provides criteria regarding class duplication. For instance, proposals for new or returning class contractors will not be accepted if the class duplicates classes already offered for which there are satisfactory and consistent enrollments, unless it has been determined by the Director, or his/her designee, that the class content is sufficiently different and is offered in such a manner that it will not impact the enrollment of classes already approved by the City. The Policy requires a Contract Instructor Agreement for all classes taught by a contract instructor. The Policy also allows a contract instructor to appeal the decision by the Director to reject a class proposal. STAFF RECOMMENDATION Approve the Contract Instructor Policy and direct that the Policy be incorporated as part of the next City Council Policies update. Attachment 1 -Draft Contract Instructor Policy 107 Honorable City Council February 3, 2016 Page 3 Policy 6.16: Contract Instructor Policy 1. Purpose Attachment 1 The purpose and intent of the City Council in adopting this policy is to provide direction to staff and independent contractors relating to the methods and standards for contracting and managing independent contractors teaching recreation classes. 2. Definitions "City" shall mean the City of Moorpark. "Director" shall mean the Parks and Recreation Director or his/her designee, as determined by the City Manager. "Class" shall mean any recreation class offered by the City of Moorpark. "Class Schedule" shall mean the document detailing all Class information. The Class Schedule shall be produced by the City, mutually agreed upon by the Contract Instructor and the City, and attached to and made part of the Agreement. "Contract Instructor" shall mean an individual or business contracted to provide instructional and teaching services for recreation classes. Contract Instructors are not employees of the City of Moorpark. "Potential Contract Instructor" shall mean an individual or business interested in providing instructional and teaching services for recreation classes, but has not yet been contracted to do so with the City of Moorpark. "Agreement" shall mean an agreement for teaching and instructional services, made and entered into between the City and the Contract Instructor. "Proposal" or "Class Proposal" shall mean a recreation class proposition which includes a class title, course description, ages of participants, fees, class day(s), session dates, and times of instruction. 3. Contract Instructor Minimum Requirements All Contract Instructors must meet the following minimum requirements. Potential Contract Instructors must have the ability to meet the following minimum requirements prior to becoming a Contact Instructor: A. Valid Photo Identification 108 Honorable City Council February 3, 2016 Page4 Contract Instructors must be able to present valid photo identification to City staff. Valid photo identification must be a California driver's license or similar identification card issued by the state of California. 8. Education and Teaching Experience Contract Instructors must have the appropriate specialized experience, certifications, and background to carry out the duties involved in instructing recreation classes. At a minimum, Contract Instructors must have six (6) months teaching experience in the subject matter, and possess any licenses or certificates as dictated by industry standards. At City's discretion, training and the ability to demonstrate competency in the subject matter may substitute for teaching experience. C. Insurance Contract Instructors must procure and maintain, in full force and effect at Contract Instructor's sole cost and expense, the following types and amounts of insurance: I. A general liability insurance policy written with a company acceptable to the City and authorized to do business in the State of California. Such policy shall provide for a minimum coverage of one million dollars ($1,000,000.00) for bodily injury or death of any person or persons in any one occurrence, and one million dollars ($1,000,000.00) for loss by damage or injury to property in any one occurrence. The policy or policies shall be written on an occurrence basis. The policy shall name Contract Instructor as the insured and the City of Moorpark, its officials, employees, and agents as an additional insured. The policy shall also provide that the City shall be notified in writing, at least thirty (30) days prior to any termination, amendment cancellation or expiration thereof. All insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, non- contributing basis in relation to any other insurance or self-insurance available to the City. Evidence of this insurance must be provided in the form of a Certificate of Insurance and additional insured endorsement. A Contract Instructor may elect to purchase insurance through the City's provider at the current rate. If the Contract Instructor is eligible for and elects to purchase insurance through the City's provider, the Contract Instructor shall pay to the City insurance fees due on or before the first class date. If said insurance fees are not paid prior to the first class date, insurance fees shall be deducted from the Contractor Instructor's compensation. 109 Honorable City Council February 3, 2016 Page 5 II. Automobile insurance covering bodily injury and property damage of not less than a combined single limit of $1,000,000 per accident for commercial vehicles or other vehicles not classified as a private passenger vehicle or eligible for private passenger vehicle insurance. If the Contract Instructor owns no such vehicles, this requirement may be satisfied by a non-owned auto endorsement, or equivalent, to the general liability policy. Evidence of this insurance must be provided in the form of an insurance certificate. Automobile insurance that meets, at minimum, current California law requirements for private passenger vehicle insurance for any personal auto used in any way in the performance of the Contract Instructor's services. Evidence of this insurance must be provided in the form of an insurance card. Ill. Workers' Compensation, as required by law, with employer's liability limits no less than one million dollars ($1,000,000) per accident or disease. Evidence. of this insurance, if required, must be provided in the form of an insurance certificate. If proof of Workers' Compensation insurance is not provided, Contract Instructor shall be required to sign a Workers' Compensation statement. D. Fingerprinting Required Contract Instructors must satisfactorily pass a fingerprinting process and background verification prior to conducting any recreation class(es) in which minors participate. E. Tuberculosis Test Contract Instructors must have been found to be free of communicable tuberculosis (TB) based on a negative TB skin test by a qualified medical professional within the last two years and provide written verification to the City. F. Authority to Sign Agreement All individuals or businesses who teach recreation classes as a Contract Instructor must enter into a written Agreement with the City. The individual signing the Agreement must have the authority to do so. G. Taxes and Earnings Contract Instructors must have a valid tax identification or social security number and pay_all income taxes. The City will report earnings to the IRS. 110 Honorable City Council February 3, 2016 Page6 Contract instructors will be issued a 1099 form for each year worked. Contract Instructors do not fall under the definition of employee of the City of Moorpark. 4. Class Proposals Contract Instructors and Potential Contract Instructors who are able to meet the minimum requirements as described in Section 3 may submit to the City a proposal for recreation classes. The following conditions apply to all Proposals. A. Right of City to Negotiate, Accept, or Reject Proposals The City reserves the right to accept or reject any Proposal. The City also reserves the right to negotiate changes to any Proposal, including but not limited to class fees, dates/days/times, and course description. B. Proposal Process Potential Contract Instructors: Individuals or businesses who do not have a current Agreement with the City, or have not had an Agreement with the City within the past two (2) years, must submit the following in order to be considered as a Contract Instructor: I. Resume. The resume must include complete contact information, including full legal name, address, phone number(s), and e-mail address. It must also describe all education and experience related to the subject matter of the recreation class the individual or business wishes to teach. II. References. A minimum of two (2) professional references must be provided. References from other public agencies or non-profit organizations are preferred. Contact information, including name, phone number(s), and e-mail address must be included for each reference, along with a brief description of the reference's relationship to the Potential Contract Instructor. 111. Class Proposal. The class proposal must include the class title, an outline of the class material covered, a course description for use in the recreation guide, age group, proposed registration and lab fees, length and frequency of class sessions, and proposed times, days, and dates for the class. Proposals must be submitted by the deadlines described in 4.C. below. 111 Honorable City Council February 3, 2016 Page 7 Current and returning Contract Instructors with a current Agreement or an Agreement within the last two (2) years must submit a Class Proposal only. C. Proposal Period Proposals will be accepted each season. Proposals must be received by the City on or before the dates listed below. Summer Classes (Classes held June through August): Potential Contract Instructors: February 15 Current/Returning Contract Instructors: March 1 Fall Classes (Classes held September through November): Potential Contract Instructors: May 15 Current/Returning Contract Instructors: June 1 Winter Classes (Classes held December through February): Potential Contract Instructors: August 15 Current/Returning Contract Instructors: September 1 Spring Classes (Classes held March through May): Potential Contract Instructors: November 15 Current/Returning Contract Instructors: December 1 D. Acceptance of Proposal 1. Potential Contract Instructors: Proposals may be accepted by the City if all of the following conditions are met: a) The Proposal includes all required information as described in Section 4.8. and is submitted by the deadline. b) The education and experience listed in the resume can be verified and the references are satisfactory. c) The class(es) proposed do not duplicate classes already offered by a current Contract Instructor for which there are satisfactory and consistent enrollments, unless it is determined by the Director, or his/her designee, that the class content is sufficiently different and it is offered in such a manner that it is not likely to impact the enrollment of classes previously approved by the City. d) The class(es) proposed meet the City's needs, as determined solely by the Director. 112 Honorable City Council February 3, 2016 Page 8 e) If using City facilities, the facility is available for the class(es) proposed. 2. Current and returning Contract Instructors: Proposals may be accepted by the City if all of the following conditions are met: a) The Proposal includes all required information as described in Section 4.8. and is submitted by the deadline. For repeat classes, the Contract Instructor may submit a Proposal referencing past information and updating class dates. b) Repeat class(es) proposed have a cancelation rate of less than 50% if offered for two or more seasons. c) New class(es) proposed do not duplicate classes already offered by another current Contract Instructor for which there are satisfactory and consistent enrollments, unless it is determined by the Director, or his/her designee, that the class content is sufficiently different and it is offered in such a manner that it is not likely to impact the enrollment of classes previously approved by the City. d) The class(es) proposed meet the City's needs, as determined solely by the Director. e) If using City facilities, the facility is available for the class(es) proposed. In the event a Proposal for a similar Class is submitted by both a current Contract Instructor and a Potential Contract Instructor, priority shall be given to the current instructor, so long as the current instructor's performance has been satisfactory. E. Notification Within two weeks of receipt of a Proposal, the City will notify the Potential Contract Instructor or Contact Instructor in writing as to the status of the Proposal. If a Proposal has been accepted, the City shall finalize and agree upon class details with the Potential Contract Instructor or Contact Instructor. Upon agreement on class details, an Agreement and/or Class Schedule will be prepared. 113 Honorable City Council February 3, 2016 Page 9 5. Contract Instructor Agreement A Contract Instructor Agreement is required for all classes taught by a Contact Instructor. Agreements shall be for the term of the City's fiscal year. An Agreement, including the Class Schedule, will be prepared for Potential Contract Instructors and at the start of the fiscal year for current or returning Contract Instructors. Subsequent Class Schedules shall be mutually agreed upon on a quarterly basis and attached to and made part of the Agreement. 6. Right of Appeal A Potential Contract Instructor or Contract Instructor has the right to appeal the decision by the Director or his/her designee to reject a Proposal. An appeal must be filed in writing to the City of Moorpark, 799 Moorpark Avenue, Moorpark, CA 93021 within five (5) business days of receiving notification of the rejection. The City Manager or his/her designee will affirm or deny the appeal within ten (10) business days and notify the appellant in writing. The decision of the City Manager or his/her designee shall be final. 114