HomeMy WebLinkAboutItem No. 09 - Lorena Hancock - FY22-23City Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 22-295
Agenda Date: 7/26/2022 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 9)
Independent Contractor Agreement for Instruction with Lorena Hancock
Approve and authorize the City Manager to execute the Independent Contractor Agreement in an
amount not to exceed $75,000, in such final form as approved by the City Attorney.
Page 1 City of Lake Elsinore Printed on 8/2/2022
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Johnathan Skinner, Director of Community Services
Date: July 26, 2022
Subject: Independent Contractor Agreement for Instruction with Lorena Hancock
Recommendation:
Authorize the City Manager to execute the Independent Contractor Agreement in an amount not
to exceed $75,000, in such final form 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 the class registration fees through Rec1, a software program.
Upon the City’s receipt of the invoice, the City then pays each contract instructor 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 and Dream Extreme Neighborhood Center. Due to Ms.
Hancock’s class popularity, in the last few years, she has exceeded the City Manager’s signing
authority threshold of $30,000. W e anticipate that she will continue to maintain and potentially
grow in popularity. Thus, we expect this Instructor to exceed the City Manager’s signing
authority threshold this year.
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. Therefore, no fiscal impact is
anticipated.
Exhibits:
A – Agreement
CITY OF LAKE ELSINORE
INDEPENDENT CONTRACTOR AGREEMENT
FOR INSTRUCTION
THIS INDEPENDENT CONTRACTOR AGREEMENT FOR INSTRUCTORS (“Agreement”) is made and
entered into on August 1, 2022 by and between the CITY OF LAKE ELSINORE, hereinafter the “CITY,”
and Lorena Hancock, 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 August 1, 2022 and end June 30, 2023.
4. Collection of Fees/Class Size. CONTRACTOR shall establish the per student registration fee of each
class. 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. Size of each class may vary.
Class minimum and maximum size shall be established by CONTRACTOR subject to the City’s consent
based on the capacity of the facility where the class will be conducted.
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 were charged. Compensation to be paid to the
Contractor shall not exceed $75,000 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: ________________________________
Shannon Buckley, Assistant City Manager
By: ________________________________
Jason Simpson, City Manager
ATTEST:
___________________________________
Candice Alvarez, MMC, City Clerk
CONTRACTOR
By: __________________________________________
Print Name: Lorena Hancock
Title: Owner
Business Name: Lorena Hancock
Business License Number: 017343
Class(es): Ballet Folklorico & Preschool
Address: 27280 Hammack Ave.
City/State/Zip: Perris, CA 92570
Email Address: mslorena1@verizon.net
Phone Number: (951)375-6910
TERMS AND CONDITIONS
1. EQUIPMENT AND LABOR: The Contractor shall
furnish all tools, equipment, apparatus, supplies and
materials unless otherwise mutually agreed by City.
Contractor assumes all risk of loss, damage or harm
to such equipment or materials arising in connection
with this Agreement. The Contractor shall perform the
services under this Agreement in a skillful and
competent manner and shall abide by all laws in doing
so.
2. COMMUNITY HEALTH PROGRAM
PARTICIPATION: The Contractor shall participate in
the City’s community health program by providing at
least one hour of scheduled class services at least
twelve times per year (i.e. once per month or during a
seasonal series) free of charge to the program
participants. The location of the classes shall be at the
discretion of the City.
3. SUBCONTRACTORS: In the event a contractor will
not be able to teach class due to illness, etc. the
Contractor will implement the following procedure:
a. Contractor will procure a substitute contractor
equally 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 requirements 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 be responsibility of the
Contractor.
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 certificates of insurance in
accordance with City policies, and providing
proof of LiveScan.
4. SUPERVISION: Contractor agrees to establish
appropriate rules for conducting the class and to
assume responsibility for student discipline to ensure
adequate protection of students and facility.
5. 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
to its usual condition following each class session.
6. ACCESS TO FACILITY: City representatives shall at
all times have access to facility, whenever class is in
progress to monitor programs for quality.
7. 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 Contractor is
to provide its residents with recreational activities in a
manner that will foster a sense of community, security,
fun and fair play. Contractor agrees to conduct
himself/herself in a manner that will further these
goals. Contractor further acknowledges that failure
to do so will result in immediate termination of this
Agreement.
8. COORDINATION OF WORK: The 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 conflict 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.
9. RULES: Contractor agrees to obey all rules and
regulations of the City of Lake Elsinore and any
directives and memoranda issued by the
Department’s Director.
10. 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 work
with minors.
11. HOLD HARMLESS AND INDEMNIFICATION. The
Contractor shall defend, indemnify, and hold
harmless the City, its officials, officers, agents,
employees and volunteers free and harmless from
any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury, in
law or equity to property or persons, including
wrongful death, in any manner arising out 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 performance 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 volunteers, in any such suit, action or
other legal proceeding. Contractor shall reimburse
City and its officials, officers, employees, agents,
and/or volunteers for any and all legal expenses and
costs incurred by each of them in connection
therewith or in enforcing the indemnity herein
provided. Contractor’s obligation to indemnify shall
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 bodily injury to
any person; injury to, loss, or theft of property, injury
arising from the furnishing or use of any copyrighted
or uncopyrighted composition, secret process, or
patented or unpatented invention, or any other type
of injury, whether such injury or damage occurs on
or off City property.
12. INSURANCE: Contractor, its employees, agents,
consultants, contractors and volunteers understand
that certain types of activities create additional
exposure of risk to City. Unless otherwise waived or
modified by the City’s Risk Manager, Contractor and
any agents, consultants, or subcontractors shall
similarly maintain the following insurance
requirements and present the applicable valid
certificates to the City of Lake Elsinore. Commercial
General Liability/Umbrella Insurance total limits
shall be no less than $1,000,000 per accident and
$2,000,000 general aggregate. Contractor shall
maintain automobile liability insurance covering
bodily injury and property damage for all activities of
the Contractor arising out of or in connection with
the work to be performed under this Agreement,
TERMS AND CONDITIONS
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 Insurance 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 thirty (30) days prior to such change. The
insurer shall agree to waive all rights of subrogation
against City, its officers, agents, employees and
volunteers for losses arising from work performed by
Contractor 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 primary non-contributing basis in
relation to any other insurance or self-insurance,
primary or excess, 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.
13. 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.
14. 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 prior written approval of the
Director of Community Services or his/her authorized
representative.
15. ASSUMPTION OF RISK. Contractor works at his/her
own risk. Contractor shall ensure each participant
signs the City's "Waiver & Release Agreement" prior
to participation.
16. 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. The Contractor may collect
additional fees for materials and supply costs. The
Contractor shall appropriately inform the participants
of the additional material fees prior to registration.
Participants may be required to bring certain supplies
and materials to class.
17. 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.
18. AMERICANS WITH DISABILITIES ACT. Contractor
agrees that he/she shall make every attempt to
accommodate people with physical and/or mental
disabilities.
19. GENERAL COMPLIANCE WITH LAWS. Contractor
shall comply with all federal, state, 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 Department if Contractor 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 information or activities, the person to
whom the background check applies shall be
prohibited from providing the services hereunder
and, in City's sole and absolute discretion, this
Agreement may be terminated, in which case
Contractor will be entitled to no further
compensation under this Agreement. Contractor,
Contractor’s employees, and any agreed upon
substitute personnel or subcontractor shall not be
permitted to provide services hereunder for classes
with attendees who are eighteen years of age or
under unless a criminal background check has been
performed and clearance has been received from
the Department of Justice.
20. MODIFICATION. No waiver, modification or
termination of this Agreement is valid unless made
in writing.
21. NONASSIGNMENT. Contractor shall not have any
right to assign and/or transfer his/her rights and/or
obligations under this Agreement without the prior
written consent of the City.
22. DEFAULT BY CONTRACTOR: Failure to comply
with any of the terms and/or conditions of this
agreement shall constitute default by the Contractor.
23. TERMINATION: The agreement may be terminated
by the 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
the City to cancel, immediately and without prior
notice, the agreement for cause without penalty or
liability on the part of the City.
24. ENTIRE AGREEMENT: This contract constitutes
the entire Agreement between the parties
concerning the subject manner hereof and
supersedes all agreements, representations,
statements, promises and understandings, whether
oral or written, with respect to the subject manner
hereof.
25. SPECIAL ARRANGEMENTS:
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