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Agenda 11/12/2013 Item #16D 111/12/2013 16.D.1. EXECUTIVE SUMMARY Recommendation to approve a standard Collier County Parks and Recreation Instructor Contract Services Agreement form and authorize the County Manager or his designee to enter into these Agreements with the Instructors, issue Purchase Orders and authorize payments without additional Board approval. OBJECTIVE: To contract with instructors in order to provide diverse programs to the citizens of Collier County. CONSIDERATIONS: The Parks and Recreation Department (Department) provides a variety of programs including fitness, martial arts, dance, sports and music using Independent Contractors. Programs are selected based on public interest and demand. Instructors will typically be selected through an informal quote process, or through the request of a waiver to the Purchasing Director. Most of the instructors provide a unique service as they utilize our facility, meet all background requirements and communicate their curriculum with County staff. In the best interest of the County, staff is requesting that the Board waive competition for the attached list of instructor agreements in order to continue current programs without creating unnecessary interruptions to the Citizens. The current procedure is for Staff to evaluate the instructor's qualifications, the demand for the program and to ensure all background requirements are met before entering into an agreement with the instructor. The Department may enter into approximately 100 Agreements on an annual basis for County wide program opportunities. Programs taught by instructors are advertised in our R.E.A.L. Guide, our online website and instructor's choice of advertisements. Patrons can register for these programs through CLASS available on the online website or at Collier County's park locations. After completion of the program or on a monthly basis for ongoing programs, instructors receive payment for services rendered. Instructors are paid as Independent Contractors based on the agreed percentage of the program revenue or hourly for the number of hours that the program was taught (fitness classes). The Department has been using a similar form agreement for many years. Working with the County Attorney's Office, staff prepared a standard form to be approved by the Board of County Commissioners and requests the Board for authority for the County Manager or his designee to enter into the Agreement with the Instructor. FISCAL IMPACT: The adopted FY 14 Parks & Recreation and Golden Gate Community Center budgets include approximately $487,000 to pay program instructors for services. Funding is provided through fees paid by program users. The gross budgeted revenue from program user fees is $737,000 and is included in the Parks and Recreation General Fund (00 1) and Unincorporated Area General Fund (I 11) budgets as well as the Golden Gate Community Center budget in Fund (130). Anticipated payments to program instructors, in the amount of $487,000, are likewise included in the budgets. The portion of program user fees remaining to offset facility, administrative and other costs in the Parks and Recreation and Golden Gate Community Center budgets is approximately $250,000. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. Packet Page -1455- 11/12/2013 16.D.1. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval. — CMG RECOMMENDATION: That the Board of County Commissioners approve a standard form Collier County Parks and Recreation Instructor Contract Services Agreement for Independent Contractors and authorize the County Manager or his designee to enter into these Agreements with the Instructors, issue purchase orders and authorize payments without additional Board approval; and waive competition for the list of 2013 instructor agreements. Prepared by: Natali Betancur, Operations Analyst, Parks and Recreation Department Attachments: 1) Instructor Contract Services Agreement, 2) Instructor List i'� /0-\ Packet Page -1456- 11/12/2013 16.D.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.1. Item Summary: Recommendation to approve a standard Collier County Parks and Recreation Instructor Contract Services Agreement form and authorize the County Manager or his designee to enter into these Agreements with the Instructors, issue Purchase Orders and authorize payments without additional Board approval. Meeting Date: 11/12/2013 Prepared By Name: BetancurNatali Title: Operations Analys, Parks & Rec -NCRP Admin 10/3/2013 9:03:56 AM Submitted by Title: Manager - Park Operations,Parks & Recreation Name: Washburnllonka 10/3/2013 9:03:57 AM Approved By Name: WilliamsBarry Title: Director - Parks & Recreation,Parks & Recreation Date: 10/14/2013 9:21:05 AM Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 10/21/2013 4:14:15 PM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 10/29/2013 6:50:05 AM Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 10/29/2013 9:05:41 AM Packet Page -1457- Name: CarnellSteve Title: Purchasing/General Services Director Date: 10/29/2013 4:05:44 PM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 10/30/2013 12:09:19 PM Name: KlatzkowJeff Title: County Attorney Date: 10/30/2013 2:06:00 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 10/31/2013 5:47:35 PM Name: KlatzkowJeff Title: County Attorney Date: 11/1/2013 10:53:18 AM Name: OchsLeo Title: County Manager Date: 11/3/2013 9:51:10 AM Packet Page -1458- 11/12/2013 16.D.1. `& �COLLIER COUNTY PARKS & RECREATION ?0—N 15000 Livingston Road Naples, FL 34109 ivar, Ca— a Di— Phone: (239) 252 -4000 Fax: (239) 514 -8657 This agreement is entered into on INSTRUCTOR AGREEMENT Vendor: 11/12/2013 16.D.1. ;s Pat reatton between the Collier County Parks and Recreation Department "County" and Contractor Name Street Address/CltytState/Z.ip hereinafter referred to as the "Contractor". 1. Contractor shall provide services as proposed and in accordance with the provisions of this agreement. 2. Contractor will receive payment for services according to the following terms 3. Collier County will make payment to the Contractor within 45 days of completion of services. Terms and Conditions 1. Independent Contractor: Subject to the terms and conditions of this Agreement, the County hereby engages the Contractor as an independent Contractor to perform the services set forth herein, and the Contractor hereby accepts such engagement. This Agreement shall not render the Contractor an employee, partner, agent of, or joint venture with the County for any purpose. The Contractor is and will remain an independent Contractor in [his or her] relationship to the County. The County shall not be responsible for withholding taxes with respect to the Contractor's compensation hereunder. The Contractor shall have no claim against the County hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, workers' compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 2. Duties, Term, and Compensation: The Contractor's duties, term of engagement, compensation and provisions for payment thereof shall be as set forth in the schedule agreed to between the County and Contractor. Should the Contractor be unable to attend a class, it will be the responsibility of the Contractor to secure the services of a replacement Contractor that is on contract or reschedule the class to ensure program consistency. Prior approval is required for a replacement Contractor. If authorized in writing by the County, Contractor shall furnish Additional Services beyond those services to be rendered by the Contractor and agreed to by the County. No change or modification of this Agreement shall be valid unless in writing signed by the parties hereto. 3. Conflict of Interest: The Contractor represents that [he/she] presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. The Contractor is expressly free to perform services for other parties while performing services for the County. 4. Termination: The County may terminate this Agreement at any time by 10 working days' written notice to the Contractor. In addition, if the Contractor is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directive of the County, is guilty of serious misconduct in connection with performance hereunder, or materially breaches provisions of this Agreement, the County at any time may terminate the engagement of the Contractor immediately and without prior written notice to the Contractor. S. Indemnification: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' ,--,,,fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Packet Page -1459- `S 11 /12/2013 16. D.1. 6. Insurance: The Contractor will maintain liability insurance with limits of not less than $300,000 per occurrence (including malpractice insurance, if warranted) relative to any service that [he or she] performs for the County. Collier County shall be named as additional insured on General Liability insurance maintained by the vendor. Documentation /proof of insurance to be provided to County at time of signing agreement. n 7. Immigration Law Compliance: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. S. ADA Compliance: Collier County Parks and Recreation Department will not discriminate on the basis of disability, the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 of seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. 9. Background Checks: Background checks are to be completed though the County's Facilities Department in compliance with Ordinance No. 2001 -52, as amended. Contractors shall be responsible for the costs of providing background checks and drug testing for themselves and any other employees that shall provide services to the County under this contract. This may include, but not be limited to: checking federal, state and local law- enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Results of any screening must be made available to County upon request. 10. Notices: All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: [Name; Street, Address; City, State, Zip; Fax Number]. All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: [Name; Street, Address; City, State, Zip; Fax Number]: The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Contract Services Agreement must be in writing. 11. Prohibition of Gifts to County Employees: No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual n and /or firm for cause. 12. Venue: Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 13. Waiver: No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 14. Entire Understanding: This document and any exhibit attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect. 15. Unenforceability of Provisions: If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect. 16. Tenn: This contract shall be valid for two (2) years from effective date. The contract may be extended for two (2) additional one (1) year terms in writing with thirty (30) days notice provided. By Signing below, I accept, acknowledge and understand the Terms and Conditions as contained herein. [Contractors signature & date] [Staff signature & date] �9 Packet Page -1460- Program Number of Contractors Name of Instructors ADA 1 LYNNE M CLARKE Aquatics 1 KATHERINE DAVENPORT Art 1 LYNNE MANSFIELD Basketball Instructors 4 RENE KALEB GOMEZ ROBERT RODRIGUEZ DONALD GLENN STEWART DONALD SCOTT STEWART Basketball Referee /Scorekeeper 7 MICHAEL MATTHEWS GIANCARLO PINEIRO RICHARD L JONES ANTHONY J DEMEO NAHUM ST FORT STEPHEN KUBALA JEFFREY GILBERT Bird Walks 1 MARYLE BARBE Butterfly Walk 1 GEOFFREY C TRAGER Cheerleading /Tumbling 1 CINDY GILES Coaching 1 EDWIN MONTANEZ Computer 2 OPEN WINDOWS YOUTH TECH INC Cooking 2 MARK TOLSON MICHELLE NASH Dance 5 ALICE DEVLIN MARCIA GALLE MARIANNE T LORUSSO MICHELE RYAN SHEYN ABREU Early Childhood 1 RENEE BAILEK Entertainment /DJ 7 CHRISTOPHER LEE HOGENSON JOHN LAW JC GUTIERREZ MR A'S INC ARTHURISENBERG RICKY HOWARD REUBEN G GARZA Fencing Class 1 RUSSELL HOGG FHSAA Basketball 1 SOUTH GULF BASKETBALL OFFICIALS Fitness 1 CELIA M FELLOWS Flag Football Coach 1 TRAVIS LAMAR ROBINSON Guitar 1 MICHAEL JOSEPH MORGAN Gymnastics 1 DEBRA PONCZOCH Irish Set 2 JAMES O'TOOLE SUSANNA HASLETT Packet Page -1461- 11/12/2013 16.D.1. 11/12/2013 16.D.1. Judo 2 REAL JUDO OF NAPLES INC RUPERTO ARTEAGA Karate 3 DAVID B FOX FLORIDA KARATE CENTER INC MINAMI DOJO INC Kayak 1 NAPLES KAYAK CO Kinder 1 NICOLE BUZZELLI Line Dancing 3 MARSHA A DICKENSON NANCY A DELANEY LINDA PALMER Martial Arts 1 MINAMI DOJO INC Mat Pilates 1 MARGARET MEREDITH SHIPP Math Instructor 1 MARIE CAROLYN PERRY Music Instructor 1 IRMEEN BARSKY Musicians for concert series 1 RYAN E BLADEN Piano Instructor 1 DIANA RYAN Pirate for educational programs 1 JOHN JOSEPH OKELLY Pre - school fun camp instructor 1 MARLENA MARIE ARFUSO Reptile Instructor 1 EDWARD C FIGUEROA Roller Hockey Instructor 1 JOSEPH J LYONS SR & LINDA A LYONS Snowfest Ice Rink 1 CLIVE E PHIPSON Soccer Instructor 4 LUIS F GARCIA RICHARD D BECKER JENNA GOLDSZAK ERICK MONZON Spanish Instructor 1 ANGELINA M GUERRERO Spinning Instructor 8 ANTONIO MAGADDINO SHELLY WATSON ASHLEY LYNN MARTINEZ JANET MCCLURE JENNIFER EULER CARA LOSI RACHAEL D'ALTERIO KELLY CLARK Sports Instructor 2 ARDI CICKO TERRY SIDENER Summer Camp Instructor 2 REBECCA SILVA TIFFANY N BROWN Swim Instructor 1 CRYSTAL ARDO Tai Chi Instructor 3 MARGARET JANKIEWICZ MARIA OKIE BAUM MAUREEN R OBRIEN T -Ball Instructor 1 JANAI L MCCARTHY WALSH Packet Page -1462- Tennis Instructor 1 NAPLES RACQUET CLUB INC Theater Instructor 1 SELMA ELIZABETH SPIES Volleyball Instructor 1 EDGARDO MUNOZ VPK Instructor 6 JESSICA ROSE SANDERS MELISSA HARGIE WILSKER TAMMIE J SMITH CAROLE J MATHY HEATHER WESTPHAL JOLIE DUCEY Water Aerobics Instructor 2 NANCY M GEIMAN KATIE LYNN LYON World Explorer Camp 1 NICOLE FLESVIG BRULAND Wrestling Instructor 1 BUZZ HILL INSURANCE AGENCY Writing Instructor 1 CHANDRA C REESE Yoga Instructors 7 DINA RADCLIFFE JEAN ERLBAUM CAMILLE ARCIERE CANDICE OLIGNEY HEATHER M PILLING KATHLEEN CASEY MELISSA BALSAM Youth Flag Football Referee 6 BRANDON JAMES HAWKINS CHARLES HILL CHRISTOPHER CHARLES HILL JUSTIN ANDINO MIKE WOODS SHAWN M RYAN Zumba Instructor 7 JUDITH D MURPHY AGNIESZKA TOKARZ BETH L BOUQUIN CASTA C MELENDEZ KIM CARROLL BUCKLEY VANESA LEEDOM MARIBEL FALCON Packet Page -1463- 11/12/2013 16.D.1.