Agenda 01/14/2014 Item # 16D12 1/14/2014 16.D.12.
EXECUTIVE SUMMARY
Recommendation to approve a revised 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.
On November 12, 2013 Item 16D1, the Board approved a standard Instructor Contract Services
Agreement. After further review and discussions with the instructors, it was determined by Risk
Management, the County Attorney's Office and the Parks and Recreation Department, that the insurance
requirement section of the Agreement should be revised. The original agreement provided a single
standard insurance requirement. However after review and discussion with Risk Management, insurance
requirements may be different based on the type of program or service provided. It is staff's intent to
review each program individually rather than establish one requirement for all. Programs such as math
camp or arts and crafts may be considered low liability risk and would not be held to the same insurance
requirements as a potentially higher risk fitness boot camp program.
The Risk Management Department has created a matrix (attached) to assist Parks and Recreation Staff in
conducting the review. This revised insurance language is the only recommended modification to this
Agreement. Additionally,the Human Resources Department will meet with each instructor to ensure that
they qualify as an independent contractor.
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 Department pays contracted instructors per Resolution 2013-29,
which was approved by the Board on February 12,2013 (Item 16D8).
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this
action.
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 revised 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.
Prepared by: Natali Betancur, Operations Analyst,Parks and Recreation Department
Attachments: 1)Revised Instructor Contract Services Agreement, 2)Instructors Insurance Matrix
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1/14/2014 16.D.12.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.12.
Item Summary: Recommendation to approve a revised 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: 1/14/2014
Prepared By
Name: BetancurNatali
Title: Operations Analys,Parks&Rec-NCRP Admin
12/18/2013 11:33:51 AM
Submitted by
Title: VALUE MISSING
Name: McPhersonJeanine
12/18/2013 11:33:53 AM
Approved By
Name: WilliamsBarry
Title: Director-Parks&Recreation,Parks &Recreation
Date: 12/18/2013 11:57:07 AM
Name: TibbettsRhonda
Date: 12/19/2013 8:06:19 AM
Name: WardKelsey
Title: Manager-Contracts Administration,Purchasing&Ge
Date: 12/19/2013 9:14:18 AM
Name: AlonsoHailey
Title: Operations Analyst,Public Service Division
Date: 12/19/2013 9:32:57 AM
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1/14/2014 16.D.12.
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 12/20/2013 7:08:39 AM
Name: BetancurNatali
Title: Operations Analys,Parks &Rec-NCRP Admin
Date: 12/26/2013 11:19:29 AM
Name: WalkerJeff
Title: Director-Risk Management,Risk Management
Date: 12/30/2013 3:45:21 PM
Name: CarnellSteve
Title: Administrator-Public Services
Date: 12/31/2013 9:04:05 AM
Name: GreeneColleen
Title:Assistant County Attorney,County Attorney
Date: 1/6/2014 1:39:40 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
.tea
Date: 1/6/2014 4:14:26 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/7/2014 11:22:58 AM
Name: OchsLeo
Title: County Manager
Date: 1/7/2014 2:15:20 PM
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1/14/2014 16.D.12.
Co 'yer Couv t'y
Pubic Services Diosion�
?aric 8,Rear_..,., INSTRUCTOR INSURANCE MATRIX
Certified Instructors
No Certification Certified Instructors Associated with Comments
Registered Businesses
1�rogram tEeveita
+ LR Wt w R1sk
Purchase Order, Purchase Order, Purchase Order, +zRantermediate
Activity Agreement Agreement,Insurance Agreement,Insurance 1515
Certificate Certificate R 1gh tiskA.
• CGL:TBDA • CGL:TBDA • CGL:$300,000 Copy of Certifications
• WC-Statutory" WC-Statutory* • WC-Statutory
Fitness Classes- if no WC,Certificate of
Including Boot Exemption
Camps
LR,IR LR,IR,HR LR,IR,HR A Review by Risk
• CGL:TBDA • CGL:TBDA • CGL:$300,000 Copy of Certifications
• WCStatutory* • WC-Statutory • WC-Statutory
Sports Related *If no WC,Certificate of
Classes Exemption
LR LR,IR,HR LR,IR,HR A Review by Risk
• CGL:TBD A • CGL:TBDA • CGL:$300,000 Copy of Certifications
• WC-Statutory' • WC-Statutory • WC-Statutory
*If no WC,Certificate of
Dance Classes Exemption
LR,IR • LR,IR,HR • LR,IR,HR A Review By Risk
• CGL:TBDA • CGL:TBDA • CGL:$300,000 Copy of Certifications
• WC-Statutory • WC-Statutory • WC-Statutory
If no WC,Certificate of
Educational Exemption
Classes
LR • LR,IR • LR,IR A Review By Risk
• CGL:TBDA • CGL:TBDA • CGL:$300,000 Copy of Certifications
;,. • WC-Statutory • WC-Statutory • WC-Statutory
Music/Theater if no WC,Certificate of
Classes Exemption
LR • LR • LR,IR A Review by Risk
Terms for Policy Types:
• BA=Business Automobile Liability
• CGL=Commercial General Liability Insurance
• EL=Employers'Liability Insurance
• WC=Workers'Compensation Insurance-
Standard Contract Requirements:
• Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial
General Liability and/or Airport Liability where required.
• Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The
"Certificate Holder"should read as follows:
Collier County
Board of County Commissioners
Naples,Florida
No County Division,Department,or individual name should appear on the Certificate. No other format
will be acceptable.
• Thirty(30)Days Cancellation Notice required on intermediate and long term agreements.
• The contract name and number shall be included on the certificate of insurance.
• Umbrella Insurance may be used to meet qualifying limits;however,the Umbrella must follow form and
should contain a cut through endorsement.
• Collier County shall be shown as an additional named insured on property policies where an interest in
improvements and betterments is made,as their interests may appear.
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Vendor a 1/14/2014 16.D.12.
` '' COLLIER COUNTY PARKS&RECREATION 61.0*"O +r
Parks flo 15000 Livingston Road
Recreation Naples,FL 34109 Parks ft
Nay,C,ownKr o Dimmer Phone:(239)252-4000 Recreation
Fax:(239)514-8657 Nay,Gamserl d°""""
INSTRUCTOR AGREEMENT
This agreement is entered into on between the Collier County Parks and
Recreation Department "County and
contractor Name
Street Address/City/State/Zip
hereinafter referred to as the "Contractor".
1. Contractor shall provide services 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. With
respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in
the County's Administrative Procedures in effect at the time such services are authorized. 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.
5. 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 or
person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier Co,'fy
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6. Insurance: Insurance is required ❑ YES ❑ NO
Insurance Required:
nsurancelBond Type ' Requ ired'Limits iG' a
^- :W.a u}., K „^ 1 :� �• ,.rev .€v u: ,,.. ...>� F i .Li,,i �.. r3nt,.N�. .' F r;. ',. a* .�,.. .F.;ru4w",'.
1. ❑Worker's Compensation Statutory Limits of Florida Statutes,Chapter 440 and all Federal Government
Statutory Limits and Requirements(lf Exempt from Worker's Compensation,a
Certificate of Exemption is to be submitted.*
2. ❑ Employer's Liability $ single limit per occurrence
3. ❑ Commercial General Bodily Injury and Property Damage
Liability(Occurrence Form)
patterned after the current $ single limit per occurrence,$2,000,000 aggregate for Bodily Injury
ISO form Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations and
Contractual Liability.
4. ® Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The
same Contractor shall provide County with certificates of insurance meeting the required insurance provisions.
5. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability
where required.
6. Z The Certificate Holder shall be named as Collier County Board of County Commissioners,OR, Board of County Commissioners
in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number,
or Project Number,or specific Project description,or must read: For any and all work performed on behalf of Collier County.
7. ® Thirty(30) Days Cancellation Notice required.
Documentation/proof of insurance to be provided to County at time of signing agreement.
Fla.Stat.440—Workers Compensation
Non-Construction Industry: An employer in the non-construction industry, who employs four or more part or full-time employees, must obtain workers'
compensation coverage.
Corporate officers are considered employees,unless they elect to exempt themselves from the coverage requirements of Chapter 440,F.S.As defined in Chapter
440.02(9),F.S.,Corporate officer or officer of a corporation means any person who fills an office provided for in the corporate charter or articles of incorporation filed
with the Division of Corporations of the Department of State or as permitted or required by chapter 607.
The term officer of a corporation includes a member owning at least 10 percent of a limited liability company created and approved under chapter 608. Sole
proprietors and partners in the non-construction industry are not considered to be employees unless they elect to be employees.The Notice of Election of Coverage,
form DWC 251,must be submitted to the Division.Once approved the individual is considered an employee until a Revocation of Election of Coverage,form DWC
251-R is submitted to,and accepted by the Division.
Sole Proprietor. Sole proprietors and partners are automatically excluded from workers'comp;they do not have to get an exemption.If they wish to be covered by
workers'compensation,they must file form DWC 251-Election of Coverage with the Division of Workers'Compensation.
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 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by
reference in this contract.
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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 Ill, 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
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.Term:This contract shall be valid for three(2)year 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]
Approved as to form and legality
Assistant County Attorney
Cq I.
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