HomeMy WebLinkAbout6/5/2013 - STAFF REPORTS - 2.Q. >OE PALM SA9
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Cq</FORN�P CITY COUNCIL STAFF REPORT
DATE: June 5, 2013 CONSENT CALENDAR
SUBJECT: AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE
STANDARD FORM RECREATION SERVICES CONTRACTS FOR
RECREATION PROGRAM INSTRUCTORS.
FROM: David H. Ready, City Manager
BY: Parks and Recreation
SUMMARY
Park and Recreation utilizes independent contract instructors that teach various
programs and classes for the City on a shared revenue basis. The City Council will
consider authorizing the City Manager to execute all Recreation Services Contracts for
recreation program instructors.
RECOMMENDATION:
Authorize the City Manager to execute all standard form Recreation Services
Agreements for recreation program instructors.
STAFF ANALYSIS:
The Recreation Division for years has used an "Agreement for Recreation Services"
contracting with various individuals and/or organizations to conduct various programs
and classes for the City on a shared revenue basis. The instructors are compensated
by receiving a percentage of the income the City receives for classes and programs and
it is not possible to know in advance the level of participation in any given class or
program and consequently the amount of payment or revenue share due to the
instructor by the City.
Under normal circumstances the shared compensation is under $25,000, and the City
Manager and his/her designee, is authorized to execute the shared revenue Recreation
Services contracts. However, with the restructuring of several programs at the Demuth
Community Center there is potential for payment in excess of $25,000 during any given
year.
Staff is recommending the City Council authorize the City Manager to execute all
standard form Recreation Services Contracts.
ITEM NO.I—
City Council Staff Report
June 5, 2013-- Page 2
Agreement for Recreation Services
FISCAL IMPACT:
Recreation Services contracts are revenue sharing contracts. The City receives
program and class revenues and pays a percentage of the revenue collected to the
contract instructor.
VICKI OLTEAN MES THOMPSON
Director hief of Staff/City Clerk
DAVID H. READY, D.
City Manager
Attachment:
Recreation Services Agreements
02
CITY OF PALM SPRINGS
AGREEMENT FOR RECREATION SERVICES
This Agreement is entered into this day of 20_, between the City of
Palm Springs, California("City") and ("Instructor").
Services and Compensation. Instructor shall provide services as set forth in the Scope of
Services, attached hereto as Exhibit "A" and incorporated herein by reference. City agrees to
compensate instructor for such services in accordance with the Schedule of Fees set forth in
Exhibit "A."
Termination. This Agreement may be terminated at any time for any reason by either party to
this Agreement after providing the other party at least five (5) calendar days notice. The City
may terminate this Agreement immediately if the City determines, in its sole discretion, that
termination is necessary to protect the safety or welfare of the public.
Relationship. Instructor acknowledges that Instructor is an independent contractor. Nothing in
this Agreement shall be understood or construed to create or imply any relationship between the
parties in the nature of any joint venture, employer/employee, principal/agent, or partnership.
Instructor shall not become or be deemed an employee of the City by acting under this
Agreement, and Instructor shall be solely responsible for the payment of any applicable taxes
and social security contributions owing from the above compensation, if any.
Authority. Each party certifies that it has all necessary authority to execute and deliver this
Agreement and to perform the obligations described in this Agreement. Upon execution by both
parties, this Agreement will be a valid and binding obligation of each party and enforceable in
accordance with its terms.
Governing Law. This Agreement shall be governed by and construed exclusively in accordance
with the laws of the State of California. If any term or provision of this Agreement is held
illegal, unenforceable, or in conflict with any governing law, the validity of the remaining
portions shall not be affected.
Assignment. This Agreement may not be assigned without the written consent of the other
party. This Agreement shall be binding upon and inure to the benefit of and shall be enforceable
by and against the parties and their successors and assigns.
Liability. Instructor shall be solely liable for any and all losses, liabilities, claims, damages, and
expenses (including attorneys' fees) caused by Instructor's failure to comply with any federal,
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898202.1
state, local, or municipal regulations, ordinances, statutes, rules, or laws applicable to Instructor's
performance of Instructor's obligations under this Agreement and/or activities at any City
property, any unlawful acts on the part of Instructor, the negligent acts, errors, and/or omissions
or the willful misconduct of the Instructor, or the material breach or default of the Instructor of
any provision of this Agreement.
Modification of Agreement. It is understood and agreed that this Agreement may not be
changed,modified, or altered, except by written agreement of both parties.
Instructor: (sign) Date:
(print)
Address
Phone Number
City: Date:
David H. Ready
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
760.323.8299
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898202.1
EXHIBIT "A"
Scone of Services
Instructor shall provide services to City as follows:
("Services").
Days and hours when the Services shall be provided:
Location where Services are to be provided:
Start Date:
End Date:
Minimum Class Size:
Maximum Class Size:
Fee to be paid by class participants: $ per
Any and all materials and equipment required for performance of the Services shall be provided
by Instructor. At least one week prior to the Start Date, Instructor shall submit a class outline to
City. City may, in its sole discretion, cancel or reschedule any or all classes. In the event class
enrollment does not meet the minimum class size set forth above by the Start Date, this
Agreement shall automatically terminate.
Schedule of Fees
Instructor shall be compensated as follows:
❑ $ per hour
❑ $ per class
❑ percent of total class receipts received by City
City shall provide payment to Instructor on a monthly basis following the final class of the
month in accordance with the City's accounts payable schedule.
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898202.1