HomeMy WebLinkAboutItem No. 06 Indep Cont Agrment Instructor - Lorena HancockText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 16-349
Agenda Date: 8/23/2016 Status: Consent AgendaVersion: 1
File Type: AgreementIn Control: City Council
Agenda Number: 6)
Page 1 City of Lake Elsinore Printed on 8/18/2016
REPORT TO CITY COUNCIL
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:GRANT YATES, CITY MANAGER
DATE:August 23, 2016
SUBJECT: Independent Contractor Agreement for Instructor - Lorena Hancock
Recommendation:
Approve the Independent Contractor Agreement for Instructor - Lorena Hancock as
approved by the City Attorney.
Background:
The City of Lake Elsinore contracts with private instructors to perform recreational
instruction at City owned facilities such as the Lake Community Center and Lake
Elsinore Senior Center. The City of Lake Elsinore collects all of the registration fees for
the classes through Rec1, a software program. Upon the City’s receipt of invoice, the
City then pays each of the contract instructors 75 percent of the participation
Registration Fees collected. The City retains 25 percent of the fees for facility
maintenance and staffing costs.
Discussion:
Due to Ms. Hancock’s class’ popularity last year (Ballet Folklorico and Preschool
Programs), she exceeded the City Manager’s signing authority threshold of $30,000.
We anticipate that she will continue to maintain and potentially grow in popularity. Thus
we anticipate this instructor to exceed the City Manager’s signing authority threshold
this year as well. As you may find attached in Exhibit A, Lorena Hancock’s Independent
Contractor Agreement is not to exceed $68,000.
Independent Contractor Agreements for Instruction by Lorena Hancock
August 23, 2016
Page 2
Fiscal Impact:
Since the City collects the Registration Fees and then pays the Instructor their 75
percent dues, the expenses are countered with the appropriate revenue stream and
therefore, no fiscal impact is anticipated.
Exhibits:
Exhibit A – Independent Contractor Agreement for Instructors – Lorena Hancock
Prepared by:Johnathan O. Skinner
Director of Community Services
Approved by:Grant Yates
City Manager
C ITY OF LA K E ELS INORE
I NDEPENDENT CONT RACTOR AGREEMENT
FOR IN STRUCTORS
ONT~.ACTOR AGREEMENT FOR INSTRUCTORS ("Agreement") is made and entered
--r-i~~h"""""""T'1""•c,.y..;• 20l.!.oby and between the CITY OF LAKE ELSINORE, hereinafter the "CITY." and
----t.,t.LL.:JOa...J.!:::!--+Jl<I.L.UAU..:.!:::.-------· hereinafter the "CONTRACTOR."
1. Purpose. The C ITY hereby engages CONTRACTOR for purposes of provid ing i nstruction in skillful and
competent manner, and shall abide by all laws in doing so. CONTRACTOR shall perform such other duties as
are customarily performed by one holding such position in other same or similar businesses or enterprises as
that engaged in by CITY and sha ll mai ntain instruction area in a clea n, safe and orderly manner.
2. Contractor's Status. CONTRACTOR is an independent contracto r an d is sole ly responsible for his or her own
actions or om issions. CON TRACTOR is not City's employee fo r any purpose . Any additional personn el
performing the services under this Agreement on beha lf of CON TRACTOR shall also not be employees of the
CITY and sha ll at all times be under Contractor's direction and contro l. CONTRACTOR shall pay all wages ,
salaries and other amounts due such personne l in connection with their performance of this Agreement and as
required by law.
3. firm. The term of this Agreement shall begin 07 /t.iJj/fJ and end June 30, 2017 .
I
4. Collecti on of Fees. Registration fees shall be collected by the CITY through set registration procedures
implemented by designated CITY staff. The CONTRACTOR is not authorized to collect registration fees .
Following the collection of registr ation fees , the CITY shall co nfirm the number of participants enrolled. The
CONTRACTOR will be compensated only for participants who have paid .
5. Comoe ns atjon. In consideration of the performance of the instruction and/or services provided herein, the
CONTRACTOR shall receive ~ percent L_IQ_%) of the participat ion registra tio n fees collected fo r
instruction and/or services ident ified in Section 1 above, exclusive of any facility entrance, pool use, field/court
night lights, insurance fees and/or publicity fees where charged. Compensa tion to be paid to the Contra ctor shall
not exceed $68,000 without prior additional w ritten authorization from the City. It is also understood that all taxes
and/or other withholdings are the CONTRACTOR'S responsibi lity.
6. Pay me nt. The compensa tion provided in Section 5 sha ll be paid: r-Y
__ Upon sat isfactory completion of instruction and/or services and rece ipt of an invoice w ithin 1%ays by
CO NTRACTOR s ubmitted to the Community Services Department in t he f orma t specitfed
1
by the
Departme nt, net 30 days; or
At the following designated intervals: and receipt of an invoice by
CONTRACTOR s ubmitted to the Community Services Department in the format specified by the
Department, net 30 days.
7. Bus iness Licens e. Ins urance. and Li veSca n. CONTRACTOR and any subcontractor agrees to obtain and
follow all business license requirements as required by the Lake Elsinore Municipal Code, Chapter 5.08. All
business license requirements must be met prio r to contract app roval. CONTRACTOR and any subcontractor
agrees t o obtain all insurance required and present va lid insurance certificates in accordance with the attached
Terms and Cond itions. CONTRACTOR, its employees, agents, consu ltants , con tractors and volunteers agrees
to perform and pr ovide proof of LiveScan.
8. T erms and Conditions. This Agreement includes the terms and conditions as printed and set forth on the
following page, which t erms and conditions are incorporat ed herein by reference; and the CONTRACTOR, by
exec uti ng this Agreement, agrees to comply with s uch terms and cond itions .
Dated:-------· 201 6
ATT EST:
Susan M. Domen , MMC, City Clerk
Dated : _______ . 2016
White -P & R Admin
CITY OF LAKE ELSINORE
By: _____________________ ___
Gran t Ya tes, Ci ty Manager
Print Name : ....L.-I.It+=XLLlJ.a.-+..I!LI~~UL.=:~---
Title : 1£tlvMV
Business License Number: ,.:.0~\!....1c:)::!Y...!..:3~-----
Address : 2-17J(j.J tfdrnrmc¥ fhe
Email Address: Q1G/6 f'eAfo( 1.@ Veri70h. ru;t
Phone Number: qt;l ?JJS"'"lpCJlO
Distribution as follows:
Canary -Instructor Pink -Community Center
TERMS AND CONDITIONS
1. EQUIPMENT AND LABOR: Tho Contractor shall furnish all tools,
equipment, apparatus, supplies and materials unless otherwise mutually
agreed by City. Contractor assumes all risk of toss, damage or harm to such
equipment or materials arising in connection with this Agreement. Th e
Contractor shall perform th e services under this Agreement in a skillful and
competent manner and shall abide by allla\YS in doing so.
2. SUBCONTRACTORS: In tho event a contractor will not be able to teach
class due to illness, etc. the Contractor wi ll implement the following
procedure:
a. Cont ractor will procure a substitute contractor equalty or better
qualified and acceptable to the City to instruct class at the
prescribed time and place. Subcontractors must meet the
criminal background screening and fingerprinting requlrements
according to Cal Public Resources Code Section 5164.
b. Contractor will notify assigned designated staff regarding the
substitute's name, qualifications, address and phone. Payment
for subcontractors shall b e responsibility of the Contracto r.
c. If a substitute cannot be procured, the class will be canceled and
a make up class added to the end of the session. The contractor
will be responsible for notifying the students of the cancellation.
d. Contractor is responsible for ensuring subcontractors must meet
all of the criteria stipulated in these Terms and Conditions,
including but not limited to, maintaining a valid City of lake
Elsinore Business license, providing valid cel'1ificates of
insurance in accordance with City policies, and providing proof
of liveScan.
3. SUPERVISION: Contractor agrees to establish appropr iate rules for
conducting the class and to assume responsibility for student discipline to
ensure adequate protection of students and facility.
4. FACILITY. The City shall be responsible for providing a suitable facility for
the conduct of the class, unless otherwise noted under "Special
Arrangements". Contractor shall pay City for any and all costs associated
with using the facility. Contractor agrees to assume full responsibility for
setting up any facility for instruction and for cleaning and/or restoring the
facility t o its usual condition following each class session.
5. ACCESS TO FACILITY: City representatives shall at all times have access
to facility, whenever class is in progress to monitor programs for quality.
6. CONDUCT : Contractor understands that the City is a public entity under the
laws of the State of California, and that the City's purpose in engaging
Cont ractor is to provide its resident s -Mth recrea tional activities In a manner
that will foster a sense of community, security, fun and fair play. Contractor
agrees to conduct himseiUherself in a manner that will further these goats.
Cont ractor fu1'1her acknov.Aedges that failure t o do so will resutt in immediate
tennination of this Agreement.
7. COORDINATION OF WORK: Tho Contractor agrees to coordinate with the
City specified time(s) and date(s) in order to avoid conflict of use. It is agreed
that the resolution of any conRict Is at the sole discretion of the City Manager
or his/her designee. Contractor agrees to 'WOrk with assigned City staff to
maintain accurate enrollment records.
8. RUL ES: Contractor agrees t o obey all rules and regulations of the City of
Lake Elsinore and any directives and memoranda issued by the
Depar1ment's Director .
9. LIVESCAN: Contractor, Its employees, agents, consultants, contractors and
volunteers must comply with fingerprinting requirements, Public Resources
Code, Section 5164, by presenting proof of LiveScan to the City, prior to
commencing worl< with minors.
t O. HOLD HARMLESS AND IND EMNIFICATION . The Contractor shall defend,
indemnify, and hold hannless the City, its officials, officers, agents,
employees and volunteers free and hannless from any and all claims,
demands, causes of action, costs, expenses, liability, Joss, damage orinjul)',
in law or equity to property or persons, including wrongful death, in any
manner arising our of our incident to any alleged acts, omissions or willful
misconduct of Contractor, its employees. agents, consultants, contractors
and volunteers arising out of or in connection with the perfonnance of the
services in this Agreement. including without limitation the payment of all
consequential damages and attorneys' fees and other related costs and
expenses. Contractor shall pay and satisfy any judgment, award or decree
that maybe rendered against City or Its officials, officers, employees, agents,
or voluntee rs , in any such suit, action or other legal proceeding. Contr actor
sha ll reimburse City and its officials, officer s, employees, agents, and/or
volunteers for any and all legal expenses and costs incurred by each of th em
in connection th erewith or in enforcing the indemnity herein provided.
Cont racto r's obligation to indemnify sha ll not be restricted to insurance
proceeds, if any, received by the City, its officials, officers, employees.
agents or volunteers. Such indemnification shall cover death or b odily injury
to a ny person; injury to, loss, or theft of property, injury arising from the
fumlshing or use of any copyrighted or uncopyrighted composition, secret
process, or patented or unpatented invention, or any other type of injury,
wheth er such injury or damage occurs on or off City propel'1y .
11. INSURANCE: Contractor, its employees, agents, consultants, contractors
and volunteers understand that certain types of actWities create additional
exposure of risk to City. Unless otherwise waived or modified by the City's
Risk Manager, Contractor and any agents, consultants, or subcontractor s
sha ll similarly maintain the following Insurance requirement s and present the
applicable valid certificates to the City of lake Elsinore. Commercial General
Liabilily/Umbrellalnsuranco tolallim~s sha ll be no loss th an $1 ,000,000 per
accident and $2,000,000 general aggregate. Contractor shall maintain
automobile liability insurance covering bodily injul)' and property damage for
all activities of the Contractor arising out of or in connection with the work to
be perfonned under this Agreement, including coverage for owned, hired and
non-owned vehicles, in an amount of not less than $300,000 combined single
limit for each occurrence. Contractor shall maintain Workers' Compensation
Insurance and Employer's liability In surance for his/her employees in an
amount not less than $1,000,000 in accordance with the laws of the State of
California. Any notice of cancellation or non-renewal of all Workers'
Compensation policies must be received by the City at least thi rty (30) days
prior to such change. The Insurer shall agree to waive all rights of
subrogation against City, its officers, agent s, employees and volunteers for
losses arising from work performed by Consultant for City. City and its
employees and agents shall be added as additional insureds using ISO
additional insured endorsement form CG 20 10 or CG 20 26 (in no event will
City accept an endorsement form with an edition date later than 1990).
Coverage shall apply on a primal)' non-contribullng basis in relation to any
oth er insurance or self-insurance, primary or exce ss. available to City or any
employee or agent of City. Coverage shall not be limited to the vicarious
liability or supervisory role of any additional Insured. Contractors and
subcontractors must maintain this insurance requirement and have the City
listed as additionally insured in accordance with the above statements.
12 . CONTRACTOR NOT OFFICER, EMPLOYEE OR AGENT OF CITY . While
engaged In carrying out the terms and conditions of the Agreement, the
Contractor is an independent contractor and not an officer, employee or
agent of the City. The Contractor has no authority, express or implied, to act
on behalf of the City as an agent or representative of the City under this
Agreement to bind the City to any obligation. The Contractor is not eligible
for benefits from Social Security, State Unemployment Insurance, Disability
Insurance or Workman's Compensation Insurance. In the event of injury, the
Contractor is responsible for his/her own medical expenses.
13. PUBLICITY: Contractor shall not advertise, print or publish any promotional
materials in connection with the instruction or service to be conducted under
this Agreement without the pri or INI'illen approval of the Director of
Community Services or his/her authorized representative.
14. ASSUMPTION OF RISK. Contr actor works at his/her own risk . Contractor
shall have each pal'1icipant sign the City's 'Waiver & Release Agreement .. in
the fonn attached her eto as Exhibit A. The Licensee shall provide the signed
Waiver & Release Agreements to the City at the end of every month.
15. COLLECTION OF FEES: The Contractor agrees not to accept any
registration fees from students. All registration fees shall be paid directly to
the City and the Contractor shall be paid at the conclusion of the course by
the City. T ho Contractor may collect additional fe es for materials and supply
costs. The Contr actor shall appropriately inform the participants of the
additional material fees prior to registration. Participants may be required to
bring cer1ain supplie s and materials to class.
16. PAYMENT OF FEES: City agrees to pay Contractor according to
compensation provision provided on first page of this Agreement. Contractor
is responsible for payment to any subcontractors.
17 . AMERICANS WITH DISABILITIES AC T. Contractor agree s that he/she shall
make every attempt to accommoda te people with physical and/or mental
disabilities .
18. GENERAL COMPLIANCE WITH LAWS. Contractor shall comply with all
federal . stat e, and local laws, statutes, rules and regulations in any manner
affecting the performance of this Agreement. By law, Contractor,
Contractor's employees and any agreed upon substitute personnel or
subcontractor must comply with the requirements of Cal Pub Resources
Code Section 5164 before engaging in the services under this Agreement.
Contractor, Contractor's employees and any agreed upon substitute
personnel or subcontractor hereby agree to a criminal background check as
required under Cal Pub Resources Code Section 5164 by the City's Police
Depar1ment if Contr actor or any of Contractor's employees or agreed upon
substitute personnel or subcontractor shall 'WOrk with persons of eighteen
(18) years of age or under. Contractor, Contractor's employees or any
agreed upon substitute personnel or subcontractor must be cleared by City
prior to 'WOrking with persons of eighteen years of age of under . If the
background check for Contractor, Contractor's employees or agreed upon
substitute personnel or subcontractor reveals illegal or objectionable
informa tion or activities, the person to whom the background check applies
shall b e prohibited from providing the services hereunder and, in City's sole
and absolute discretion, this Agreement may be tenninated, in which ease
Contractor will be entitled to no fu1'1h er compensati on under this Agreement.
Contractor, Contractor's employees, and any agreed upon substitute
personnel or subcontractor shall not be permitted to provi de services
hereunder for classes with attendees who are eighteen years of age or under
unless a criminal background check has been perfonned and clearance has
been received from the Oepar1ment of Justice.
19. MODIFICATION. N o waiver, modification or termination of this Agreement is
valid unless made in writing .
20. NONASSIGNMENT. Contractor shall not have any right to assign and/or
tr ansfer his/her rights and/or obligations under this Agreement without the
prior written consent o f tho City.
21. DEFAULT BY CONTRA CTOR : Failure to comply with any of the terms
and/or conditions of this agreement sh all constitute default by the Contractor.
22 . TERMINATION: The agreement may bo terminated by tho City upon 30
days' notice given In writing. Both parties will perform in accordance with the
agreement prior to the effective termination date. Nothing contained herein
shall diminish the right of th e City to cancel, immediately and without prior
notice, the agreement for cause without penalty or liability on the part of the
City.
23 . ENTIRE AGREEMENT: This contract constitutes the entire Agree ment
between the parties concerning t he subject manner hereof and supercedes
all agreements, representations, statements, promises and understandings,
whether oral or written, with respect to the subject manner hereof.
24 . SPECIAL ARRANGEMENTS :-------------
BUSINESS UCENSE
This business license is issued for revenue purposes only and does not grant
au thorization to operate a business. This business license is issued without verification
that the holder is subject to or exempted from licensing by the sta te, county, federal
government, or any other governmental agency.
Business Name : LORE NA HANCOCK
Business Location: 27280 HAMMACK AVE
PERRIS, CA 92570
Owner Namc(s):
LORENA HANCOCK
27280 HAMMACK AVE
PERRIS, CA 92570
CITY OF LAKE ELSINORE
ADMINISTRATIVE SERVICES-LICENSING
130 So uth Main Street Lake Elsinore, CA 92530
951.674.3124
TO BE POSTED IN A CONSPICUOUS PLACE
BUSINESS LICENSE NO. 017343
Business Type: CLASS INSTRUCTOR
Issue Date : 21112016 Expiration Date: 113112017
THIS IS YOUR LICENSE • NOT TR ANS FERABLE
EVANSTON INSURANCE COMPANY
CERTIFI CATE NO.: 635920172170888661
CERTIFICATE OF INSURANCE
SPECIAL EVENT LIABILITY PROGRAM
PROD UCE R PUBLIC ENTITY (ADDITION AL INSU RED)
Alliant Ins urance Services, In c. in conjunctio n with City of Lake Elsinore
Apex Insurance Services
P . 0. Box 6450
Newpo rt Beach, CA 92658
License No: OC 36861
NAMED INSURED (EVENT HOLDER): EVENT INFORM A T!ON:
Lorena Hancock TYPE: Presc hool / Da~care
27280 Hammack Ave DATE{S): 02/29/2016 -12/30/2016
Perris, CA 92570 LO CA TION: Youth ODrtun i t~ Center
*L iqu o r Liability Yes · No 0
**Liquor Liability after 12 am ends before 2 am 0
Thi s is to certify that the ins u rance policy li sted be low ha s been is s ued to th e above in su red named (event holder) for the policy
period indi cated . The in surance describ ed herein is s ubj ect to a ll th e term s, excl usions and cond itions of s uc h poli cy(ies) unless
amended as described in Spec ial Cond iti o ns.
INSURANCE CARRIER: Evanston Insurance Company
MASTER POLICY NUMBER: SEP41020
MASTER POLICY DATES: EFFECTIVE: January 01,2016 EXPIRATION: January 01 , 2017
CO MM ERC IAL GENERAL LIABILITY General OCCURRENCE FORM DEDUCTIBLE: NONE
Aggregate Limit $2,000,000
Product s & Completed Operations 1,000,000 SPECI AL COND ITIO NS:
Personal & Advertisin g Injury 1,000,000 The following end orsements attached to
Each Occurrence Li mit 1,000,000 th e Master Policy do not app ly to this
Damage To Premises Rented To You (Any One Premis es) 100,000 Ce rti fica te Of Insurance:
Medical Payments (A ny One Person) 5,000
Liquor Liability (If purchased) 1,000,000
Optiona l Limits Purchased
0 $1,000,000/$3,000,000
0 $2,000,000/$2,000 ,000
Property Damage (If purchased)
No Property Damage Coverage
The limits of insurance apply se paratel y to each event ins ur ed by thi s po li cy as if a separa te po li cy of insurance has been issued for that event.
OTHER ADDITIONAL INSUREDS
City of Lake Elsinore
CANCE LL AT IO N· Should the above described policy be cance ll ed before the expiration date thereof, notice will be de livered in accorda nce with the policy
provisions.
AUTHORIZED REPRESENTATIV -----------------
DATEISSUED:~0~2/~25~/~20~1~6 --------------------------------
EVANSTONINSURANCECOMPANY
CERTIFICATE NO.: 635920176332816729
CERTI F ICATE OF INSU R ANCE
SP ECIAL EVENT LIABILITY PROGRAM
PRODU CER PUBLI C ENTITY (ADDIT IONA L INSURED)
Alliant In suran ce Services, In c. in co njun ct ion with City of Lake E ls inore
Apex Insurance Se rvices
P. 0. Box 6450
Newport Beach, CA 92658
Li ce nse No: OC 3686 1
NAMED IN SURED (EVENT HOLD ER): EVENT INFORMATION:
Lorena Hancock TYPE: Dance (Various}
27280 Hammack Av DATE(S): 03/02/2016-12/29/2016
Perris , CA 92570 LOCAT ION: Lake Commun i !~ Center
*Liq uor Li ab ility Yes O No{!)
**Liqu o r Liability after 12 am ends befo re 2 am D
This is to ce11 ify that the insurance poli cy li sted below has been issued to the above insured named (event ho lder) for th e po li cy
period indicated. Th e in s urance described herei n is subject to all the terms, exclusions and co ndition s of s uch policy(ies) unl ess
amended as described in Spec ia l Con ditions.
INSURAN CE CARRI ER: Evanston Insurance Company
MASTER POLICY NUMBER: S EP41020
MASTER POLICY DATES: EFFECTIVE: January 01, 2016 EXPIRATION: January 01, 2017
COMMERC IA L GENERAL LIABILITY General OCCURRENCE FORM DEDUCTIBLE : NONE
Aggregate Limit $2,000,000
Products & Completed Operations 1,000,000 SPECIAL COND!TIONS:
Personal & Advertising Inju ry 1,000,000 The fo llowing endorsements attached to
Each Occurrence Limit I ,000,000 the Master Policy do not apply to this
Dama ge To Premises Rented To You (Any One Premises) 100,000 Certificate Of Insuran ce:
Medical Paymen ts (Any One Person) 5,000
Li quor Liab ility (If purchased) 1,000,000
Optiona l Li mit s Purchased
D $1 ,ooo,ooo!$3,ooo,ooo
D $2,o oo ,ooo!$2,o oo ,ooo
Property Damage (If purchased)
No Property Damage Coverage
The limits of insurance apply sepa rately to each eve nt insured by this policy as if a separate policy of insuran ce has been issu ed for that event.
OTHER ADDITIONA L INSU REDS
City of Lake Elsinore
CANCE LL ATION · Should the above described po li cy be cancelle d before the expiration date thereof, not ice will be delive red in accordance with the pol icy
provisions.
AUTHOR IZED RE PR ESENTATIVE:----------------------------
DATEISSUED:~0=2/~25~/~20~1~6 --------------------------------
CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this Agreement is
entered into , I sha ll not employ any person in any manner so as to become subj ect to the Worker's
Compensation Laws of the State of Ca liforn ia.
Executed on this 2 /If -2olfpa y of ______ , 201_ at Lake Elsinore, Ca liforni a .
Co ntractor Name