HomeMy WebLinkAboutItem No. 04 Indep Contract Agrmnt for Instruction with Lorena HancockText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-241
Agenda Date: 6/27/2017 Status: Consent AgendaVersion: 1
File Type: ReportIn Control: City Council
Agenda Number: 4)
Page 1 City of Lake Elsinore Printed on 6/22/2017
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by: Beau Davis, Recreation Supervisor
Date:June 27, 2017
Subject:Independent Contractor Agreement for Instruction – Lorena Hancock
Recommendation:
It is recommended that the City Council approve the Independent Contractor Agreement for
Instruction –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:
Ms. Hancock is an existing business providing pre-school and ballet folklorico dance instruction
at the Lake Community Center. Due to Ms. Hancock’s class’ popularity, the last two years she
has 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
$70,000.
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
CITY OF LAKE ELSINORE
INDEPENDENT CONTRACTOR AGREEMENT
FOR INSTRUCTION
THIS INDEPENDENT CONTRACTOR AGREEMENT FOR INSTRUCTORS ("Agreement") is made and
entered into on � -0 \ —� , 20+1 by and between the CITY OF LAKE ELSINORE, hereinafter the
"CITY," and L LV C W /t VA Noi cc VC k- , hereinafter the "CONTRACTOR."
1. Purpose. The CITY hereby engages CONTRACTOR for purposes of providing instruction 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 shall maintain instruction area in a clean, safe and orderly
manner.
2. Contractor's Status. CONTRACTOR is an independent contractor and is solely responsible for his or her
own actions or omissions. CONTRACTOR is not City's employee for any purpose. Any additional personnel
performing the services under this Agreement on behalf of CONTRACTOR shall also not be employees of
the CITY and shall at all times be under Contractor's direction and control. CONTRACTOR shall pay all
wages, salaries and other amounts due such personnel in connection with their performance of this
Agreement and as required by law.
3. Term. The term of this Agreement shall begin ),A!, 1 r '2c i� and end June 30, 20
4. Collection 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 registration fees, the CITY shall confirm the number of participants enrolled. The
CONTRACTOR will be compensated only for participants who have paid.
5. Compensation. In consideration of the performance of the instruction and/or services provided herein, the
CONTRACTOR shall receive seventy-five percent (75%) of the participation registration fees collected for
instruction and/or services identified in Section 1 above, exclusive of any facility entrance, pool use,
field/court night lights, insurance fees and/or publicity fees where charged. Compensation to be paid to the
Contractor shall not exceed $70,000 without prior additional written authorization from the City. It is also
understood that all taxes and/or other withholdings are the CONTRACTOR'S responsibility.
6. Payment. The compensation provided in Section 5 shall be paid upon satisfactory completion of instruction
and/or services and receipt of an invoice within 45 days by CONTRACTOR submitted to the Community
Services Department in the format specified by the Department, net 45 days.
7. Business License. Insurance. and LiveScan. 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 prior to contract approval. CONTRACTOR and any
subcontractor agrees to obtain all insurance required and present valid insurance certificates in accordance
with the attached Terms and Conditions. CONTRACTOR, its employees, agents, consultants, contractors
and volunteers agrees to perform and provide proof of LiveScan.
8. Terms and Conditions. This Agreement includes the terms and conditions as printed and set forth on the
following page, which terms and conditions are incorporated herein by reference; and the CONTRACTOR,
by executing this Agreement, agrees to comply with such terms and conditions.
CITY OF LAKE ELSINORE
By:
Grant Yates, City Manager
Dated: , 20_
ATTEST:
Susan M. Domen, MMC, City Clerk
Dated: , 20_
CONTRACT
By: 2
Print Name: O V -``e VLGI [j (�1 co ck
Title: T h6kr0 GVdr
Business Name:
Business License Number:
Class(es): 6 k iA it 76vs '' A
Address: 2- 2 X 0 f �dynyy-,.Gl,Ve
City/State/Zip:e T Y t S C IA- q2 5 .l 0 11
Email Address: Y l torei�l J-6? U Yl 11 - Ae4
Phone Number. N 5 t ) 37 !3– H 10