HomeMy WebLinkAbout14 - Adult Basketball League Budget AmendmentCITY OF
NEWPORT BEACH
City Council Staff Report
May 13, 2014
Agenda Item No. 14.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Laura Detweiler, Recreation & Senior Services Director — (949) 644 -3157,
Idetweiler@newportbeachca.gov
PREPARED BY: Tam Ho, Budget Analyst
PHONE: 949 - 644 -3273, tho @newportbeachca.gov
TITLE: Budget Amendment to Appropriate Revenues and Expenditures for Adult Basketball
League
ABSTRACT:
Approval of a budget amendment to appropriate additional revenues and expenditures
associated with administration of the City of Newport Beach's Adult Basketball League. The
need for additional appropriations is a result of changes to the payment structure in the contract
between the City and Hangtime Sports.
RECOMMENDATION:
Approve Budget Amendment No. 14BA -042 (Staff Report Attachment A) to increase revenue
appropriations for account 4320 -5162 by $20,541 and expenditure appropriations for account
4320 -8380 by $18,255.
FUNDING REQUIREMENTS:
With approval of the budget amendment, sufficient funds will be available to administer the
Adult Basketball League for the balance of Fiscal Year 2014.
DISCUSSION:
The City's Adult Basketball League was managed through a service agreement with Hangtime
Sports effective since April 12, 2012 (Attachment B). Under this agreement, Hangtime Sports
collected all registration fees for the league and paid the City $184 per team registered. This
agreement was superseded by a new agreement effective February 25, 2014 which included a
new payment structure (Attachment C).
The new payment structure offers a more streamlined, transparent process where the City
collects all fees and pays Hangtime Sports a rate of 65% of the registration fees.
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For Fiscal Year 2014, this change affects the budget allocation for the 2014 Spring Basketball
League, which was budgeted based on the old agreement. With the new agreement, the City
will receive an incremental $20,541 in revenues ($28,085 total revenues less $7,544 originally
budgeted) balanced with an incremental $18,255 in expenditures for contract instructor
payments, as illustrated below:
FY14 Budget for Spring Adult Basketball
Revenue $ 7,544 = $184 x 41 teams
Expenditure $ -
FY14 Actuals for Spring Adult Basketball
Revenue $ 28,085 =$685 Team Registration Fee x 41 teams
Expenditure $ 18,255 = 65% of Total Registration Fees
To clarify the above, the actual registration cost for an Adult Basketball team is and has been
$685 /team recently. The team fee covers the cost of the gymnasium, officiating, scorekeeping,
awards, insurance, and more. Previously, the City's budget only showed the net amount
received by the City (a residual of $184 /team). With the new agreement with Hangtime, the
City's budget should instead show all revenue collected (including the full amount of the team
registration fee) as well as the expenditures made to Hangtime following receipt of each team's
fee.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental
Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
ATTACHMENTS:
Description
Attachment A - Budget Amendment No. 14BA -42
Attachment B - Service Agreement with Darryl Clark DBA Hangtime Sports For Adult Basketball League Administration
effective April 12, 2012
Attachment C - Independent Contractor Agreement between City and Hangtime Sports effective February 25, 2014
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City of Newport Beach NO. BA- 14BA -042
ATTACHMENT A BUDGET AMENDMENT
2013 -14 AMOUNT: $20,541.00
EFFECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates X Increase in Budgetary Fund Balance
Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase revenue estimates and expenditure appropriations for managing the Adult Basketball League under a new
agreement effective February 25, 2014. Unappropriated revenues will revert to the General Fund - Fund Balance.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE Amount
Fund Account Description Debit Credit
010 3605 General Fund / Fund Balance $2,286.00
REVENUE ESTIMATES (3601)
Fund /Division Account
010 14320 5162
EXPENDITURE APPROPRIATIONS (3603)
Description
Adult Sports / Adult Sports Revenue $20,541.00
Description
Division Number 4320 Adult Sports
Account Number 8380 Contract Rec Instructors
Signed:
Signed:
Signed:
Administrative - Approval: City Manager
City Council Approval: City Clerk
$18,255.00
Date
It. 111
Date
Date
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o
ATTACHMENT B
SERVICE AGREEMENT WITH
DARRYL CLARK DBA HANGTIME SPORTS
FOR ADULT BASKETBALL LEAGUE ADMINISTRATION
'day /S�E,R�VICE AGREEMENT ( "Agreement;') is made and entered into as of this
day of r , 2012 ( "Effective Date ") by and between the CITY OF NEWPORT
BEACH, a California Municipal Corporation and Charter City ( "City "), and DARRYL
CLARK, a sole proprietor doing business as ( "DBA ") HANGTIME SPORTS, a California
Sole -Proprietorship ("Contractor' whose address is P.O. Box 2138, Carlsbad,
California 92018, and is made With reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City requires services related to the administration and operation of its Adult
Basketball Leagues ( "League ").
C. City desires to engage. Contractor to administer and operate the City's Adult
Basketball Leagues. ( "Project "),
D. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of.Contractor for purposes of Project, shall be Darryl Clark,
Owner., _, - -
F. City has,solicited and received, a proposal from Contractor, has reviewed the
previous experience and evaluated the expertise .of,Contractor, and.desires.to
retain Contractor to render professional services under the terms and conditions
set forth in this Agreement, .
NOW; THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall. commence on the above written date, and shall
terminate on May 31, 2015 ,with .two (2) one year extensions, unless terminated earlier
as set forth herein.
2. SERVICES TO BE PERFORMED
City and Contractor acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference. Contractor shall,diligently'perform all the
services . described in the ;Scope of Services attached .hereto as Exhibit A and
incorporated herein by .reference ( "Services" or "Work "). The City, may elect to delete
certain tasks of the Scope of Services at its sole discretion.
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4.4 Prior to the commencement of each league year; City may negotiate with
Contractor the fee remitted to the City based on any changes'to the City Council
approved Fee Schedule in effect at that time. Amendments to the fee remitted to the
City shall`be memorialized by a written document executed by both Contractor and City
and approved as to form by the City Attorney.
4.5 Contractor shall not receive any'compensation "for Extra'WoPk performed
without the.prior written authorization of City. As used herein, "Extra Work" means any
Work that is deterniined by City to be necessary for the proper completion of the
Project,but which is not included within the Scope of Services and which'the' parties did
not reasonably a'ntic'ipate would be necessary at the execution of this Agreement.'
5. PROJECT•MANAGER
5.1 Contractor shall designate. a Project Manager, who shall coordinate all
phases of the Project. This Project` Manager shall be available to City at all reasonable
times during the Agreerent term. Contractor has designated Darryl Clark; Owner, to
be its Project Manager. Contractor shall not remove or reassign the Project Manager or
any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the- prier written consent of''City. City's '`approval 'shall" not be
unreasonably withheld with respect to the removal or assignment of non -key personnel.
52 Contractor, at the sole discretion of City; shall remove from the Project any
of its personnel assigned to the performance of Services upon written :request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be' administered by the Recreation & Senior Services
Department: Scott Williamson, Recreation Supervisor or his designee,`shail be the
Project Administrator and shall have the authority to act for City under this Agreement.
The .Project Administrator' orhis authorized representative''shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S -RESPONSIBILITIES
7.1 In order to assist Contractor in the execution of its responsibilities under
this Agreement,. City agrees to, where applicable:
7.1..4 Provide: Contractor with gymnasium allocation,: for all leagues;
including reserving School.D.istrict facilities; tif needed;
7.1.2 Provide:the maintenance of all gymnasiums;
- .7.1.3 Provide, first aid supplies; at all gymnasiums, including Automated
External Defibrillator.(AED) upits;
7.1.4 Provide bi- annual AED training for all scorekeepers that are not
cu,rre ntly..certified;
DARRYL CLARK DBA HANGTIME SPORTS Page 3
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I
and liability..regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Contractor.
10.: INDEPENDENT CONTRACTOR
It is understood that•City retains Contractor on an. independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the Services are under the control of Contractor, except to the extent they
are limited by statute; rule or regulation and the express terms of this Agreement.
Nothing in this Agreement shall be deemed to constitute approval for Contractor or any
of Contractor's employees., agents or members, to be the agents or employees of City.
Contractor shall have the responsibility for and control over.the means of performing the
Services,.. provided -that Contractor is incompliance with the terms of this Agreement.
Anything in this Agreement that may appear to give City the right to direct Contractor as
to the details of the performance or to exercise a measure of control over Contractor
shall mean only that Contractor shall follow the desires of City with respect to the
scheduling of the Services.
11. COOPERATION
Contractor agrees to work. closely. and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
ServicesAo,be performed. City agrees to cooperate with the Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy with City's
Project Administrator in advance of, all critical decision points in order. to, ensure the
Project proceeds ;in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator and /or his duly
authorized designee informed on a regular basis_ regarding the status and progress of
the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
iGmosLF.Ill k,00
14.1 Without limiting Contractor's indemnification of City, and prior to
commencement of Services, Contractor shall obtain, provide and maintain at its own
expense. during • the. term of -this. Agreement, ,policies ,of insurance: of. the type -and
amounts described below.and in a form satisfactory to City..
14.2 Proof of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and
endorsement must be approved by, City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with City at all times
DARRYL CLARK DBA HANGTIME SPORTS Page 5
349
14.6.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and volunteers.or
shall specifically allow Contractor or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against City, and shall require similar written
express. waivers and insurance clauses from each of its subcontractors.
14.6.2 Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor of
non - compliance with any requirement imposes no additional obligations on the City nor
does it waive any rights hereunder.
14.6.3 Requirements not Limiting. ` Requirements of specific coverage
features . or limits contained )h this Section are not intended as a limitation on'coVerege;
limits or other requirements, or a waiver of any coverage normally provided by any
insurance: Specific reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
14.6.4 Notice of Cancellation.. Contractor agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days notice of cancellation
(except for nonpayment "for which ten (10) days notice is required) or nonrenew.al of
coverage for each required coverage:
14.7 Timely Notice of Claims: Contractor shall give City prompt and timely
notice of claims' made or suits instituted that arise out of or result from Contractor's
performance under this Agreement:
14.8 Additional Insurance. Contractor shall 'also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment
may be necessary for its proper protection and prosecution of the Work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement- shall not be assigned, transferred contracted or
subcontracted but without the prior written approval of `City: Any of the following'shall
be construed as an assignment: The sale; assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Contractor,- or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Contractor is a
partnership or joint- venture or syndicate or cotenancy, which shall result in changing the
control of Contractor. Control means fifty percent (50 %) or more of the voting power, or
twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint -
venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of the
DARRYL CLARK DBA HANGTIME SPORTS Page 7
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22. CONFLICTS OF INTEREST
22.1 The Contractor or its sub- contractors may be subject t& the provisions of
the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons
to disclose any financial interest that. may foreseeably be materially affected.by. the
Work performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will-foreseeably financially affect such interest
22.2: If subject to the Act,,.Contractorshall conform to, all requirements of the
Act. Failure to do so constitutes. a material breach and is grounds for immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless
City for any and all claims for damages resulting from Contractor's violation: of this
Section.
23. NOTICES
23.1 ., All notices, demands,.requests or approvals to be given,under the,terms of
this Agreement shall be given in writing, and conclusively shall be deemed served when
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first -class mail, addressed as hereinafter provided, or on
the next business day after the sending of an email. All notices, demands, requests or
approvals from Contractor to City shall be addressed to City at:
Attn: Scott Williamson, Recreation Supervisor
Recreation &Senior Services Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: (949) 644 -3160
,e -mail: swilliamson @newportbeachca.gov
23.2 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attention: Darryl Clark, Owner
Hangtime`Sports
P.O. Box 2138
Carlsbad, CA 92018
Phone: (760) 715 -2377
e -mail: hahgtirnesports @hotmaii.com
24. CLAIMS
The Contractor and the City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, the Contractor and its members, employees or
representatives, shall be required to file any claim the Contractor may have against the
City in strict conformance with the Tort Claims Act (Government Code sections 900 et
seq.).
DARRYL CLARK DBA HANGTIME SPORTS Page 9
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26.6 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
26.7 Severability. If any term.or portion of this Agreement is held to be ".invalid,
illegal, or, otherwise unenforceable by a court of competent: jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
26.8 Controlling Law and .Venue. The laws of the State of California shall
govern this Agreement. and- all.:matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a..court of . oompetent jurisdiction in the County of
Orange, State of California..
26.9 Equal .Opportunity Employment. Contractor represents that it is an equal
opportunity employer . and. it shall not discriminate against any subcontractor:; employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
26.10 No Attorneys Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's -fees:
26.11 Counterparts. This Agreement may be executed in.,,two (2) or more
counterparts, each of which shall be deemed an original together shall
constitute one and the same instrument. x. f
[SIGNATURES ON NEXT
DARRYL CLARK DBA HANGTIME SPORTS Page 11 352
1 l !
EXHIBIT A.
SCOPE OF SERVICES
1. SCOPE OF SERVICES: CURRENT LEAGUE STRUCTURE
1.1 Adult . basketball leagues shall operate four (4) seasons per year. For the 2012-
2013 season, commencement dates are as follows: Summer (begins June 25,
20.12); Fall (begins September 10, 2012); Winter (begins January 7, 2013);
Spring (begins March 25, 2013). For future seasons, commencement dates
shall be provided by City to Contractor;
1.2 Contractor shall facilitate a league that provides for each team playing a
minimum of ten (10) games, not including playoff games;
1.3 Contractor shall conduct games Monday through Thursday (no weekends);
1.4 Game times:
1.4.1 (6 -team leagues) 6:30 PM, 7:30 PM, 8:15 PM; or
1.4.2 (8 -team leagues) 6:15 PM, 7:15 PM, 8:00 PM, 9:00 PM
1.5 City shall allocate four (4) gymnasiums for games to be .held:' West Newport
Community Center; Ensign Junior High School; Lincoln'Sports Center; Newport
Coast Community Center
2. SCOPE OF SERVICES: CONTRACTOR RESPONSIBILITIES /PROVISIONS
2.1 Contractor shall promote, organize and operate the City of Newport Beach
Recreation and Senior Services Department's Adult Basketball Program;
2.2 Contractor shall provide. registration flyers and roster documents to all interested
teams;
2.3 Contractor shall organize and schedule all registered teams into leagues;
2.4 Contractor shall propose playoffs within a league schedule as long as each
team plays a minimum of ten (10) games each season;
2.5 Contractor shall organize and schedule all registered teams into leagues, track
statistics, propose a playoff schedule and provide game schedules via an
"ESPN- RISE" — based website that shall be made readily available to all
registered teams;
2.6 Contractor shall, at its own expense, provide awards to all league champions in
all leagues, including one (1) team and separate individual awards to all players
on the winning champion team;
DARRYL CLARK DBA HANGTIME SPORTS Page 13
353
EXHIBIT B
SCHEDULE OF BILLING RATES
1.1 Contractor shall collect all registration fees from all registered teams.
Registration Fees are mandated by the City and shall be assessed as follows:
1.1.1 $690 per team (residents);
1. 1.2 $740 per team (non- residents);
1.1.3 .Residency and non - residency status is determined only by the address
of the sole payee of each individual team; the entire team does not
need to consist of City of Newport Beach residents for the team to
qualify for the resident rate, merely the payee;
1:1.4 Contractor shall remit to City an amount equal to One Hundred Eighty
Four Dollars and 00/100 ($184.00) per team registered in adult
basketball leagues.
1.1.5 Contractor shall remit payment due to the City for all teams within five
(5) weeks after the commencement of each league season.
1.1.6 Prior to the commencement of each league year, City reserves the
right to enter into negotiations with Contractor regarding changes in
registration fees due by resident and non - resident teams and the
amount remitted to the City per registered team. Any changes in
registration fees or ,amounts remitted to the City shall be mutually
agreed upon by City and Contractor.
1.2 Contractor shall provide payment to all assigned officials, statisticians and
scorekeepers. The rate paid is mandated by the City and shall be set as
follows:
1.2.1 Officials: $28 per game;
1.2.2 Scorekeepers: $17 per game;
1.2.3 Statistician: $14 per game;
1.2.4 City and Contractor mutually reserve the right to modify the rate paid
per game to officials, statisticians and scorekeepers.
DARRYL CLARK DBA HANGTIME SPORTS Page 15
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CITY NEWPORT BEACH
RECREA'T'ION & SENIOR SERVICES
Laura Detweiler, Director
November 26, 2013
Delivery via U.S. Mail & Certified Mail, Return Receipt Requested
Darryl Clark
DBA Hangtime Sports
PO Box 2138
Carlsbad, CA 92018
RE: Termination of Service Agreement (C -5125)
Dear Mr. Clark:
Pursuant to Section 25.2 of the Independent Contractor Agreement dated
April 12, 2012 between the City of Newport Beach ( "City ") and Darryl Clark
DBA Hangtime Sports for Adult Basketball League Administration (C -5125)
( "Agreement "), please consider this correspondence the City's seven (7)
calendar day written notice of termination of the Agreement. The effective date
of termination shall therefore be December 2, 2013. On or before the effective
date of termination, please deliver to Justin Schmillen — keys, rosters and any
contact information developed or accumulated in the performance of this
Agreement, whether in draft or final form. Please also deliver all final unpaid
invoices for services, if rendered to the City thru December 31, 2013.
Thank you for your assistance with this matter.
Sincerel
Laura D
Director
Y,
et eil r
100 Civic Center Drive • Post Office Box 1768 Newport Beach, California 92658 -8915
Telephone: (949( 644 -3151 Fax: (949) 644 -31.55 - www.newportbeachca . gov
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ATTACHMENT C
INDEPENDENT CONTRACTOR AGREEMENT
RECREATION INSTRUCTOR
This Independent Contractor Agreement ( "Agreement ") is made and entered into
as of this 25th day of February, 2014 ( "Effective Date ") by and between the City of
Newport Beach, a California municipal corporation and charter city ( "City "), and
DARRYL CLARK, a sole proprietor doing business as ( "DBA ") HANGTIME SPORTS
( "Contractor ") to provide the classes or programs in administering and operation of the
City Adult Basketball program ( "Class" or "Program ") hereby agreed upon, as
scheduled and described in the Newport Navigator and /or OASIS News, which is
incorporated herein by this reference, and as approved in writing by City.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2014, unless terminated earlier as provided herein.
2. COMPENSATION
2.1 City shall pay Contractor within twenty -one (21) business days after the
last Class meeting. City shall pay Contractor an amount equal to Sixty Five percent
(65 %) of the amount of the total enrollment fees collected, minus the non - resident fee
and a Five Dollar ($5.00) per person administration fee for each Class held.
2.2 City shall pay Contractor electronically. Contractor shall be responsible
for ensuring an up to date "Direct Deposit Authorization Form" is on file with City.
2.3 (If applicable) Contractors providing Classes or Programs at Mariners
Elementary School and /or Newport Elementary School ( "Schools ") shall submit to City
written notice of actual costs incurred to conduct the Class or Program at the Schools.
Subject to City's written acceptance of Contractor's actual costs, City shall, within
twenty -one (21) business days after the last Class or Program meeting, reimburse
Contractor one hundred percent (100 %) of the actual costs incurred.
3. DUTIES OF CITY
3.1 Registration. City shall register all participants and shall collect all
enrollment fees. Contractor shall not accept enrollment fees directly from a participant
unless City approves, in advance and in writing, the acceptance of enrollment fees by
Contractor. Contractors shall only collect material fees that are pre- approved by City
and published in advance in the Newport Navigator and /or the OASIS News (if
applicable). Such material fees shall be collected by Contractor at the first Class
meeting.
3.2 Publicity. City shall provide publicity for the Class in the Newport
Navigator (published on a quarterly basis) and /or the OASIS News (published on a
DARRYLCLARK 1
356
monthly basis). City shall have the sole discretion to decide what information will be
included in the Newport Navigator and /or the OASIS News about the Class and
Contractor. Publicity may also include flyers created by City or Contractor. Contractor -
created flyers must be approved in writing by City before distribution.
3.3 Class Facility. City shall provide a location for the Class without charging
Contractor any rental fees, unless otherwise agreed by the parties. Contractor will
request dates and times for the Classes and City will inform Contractor if the facility is
available. It is Contractor's sole responsibility to request these dates /times; City will not
schedule Contractor's Classes for it.
3.4 Refund Processing. City shall provide refunds to participants when:
3.4.1 The participant drops the Class before the second Class meeting;
3.4.2 The participant drops a one (1) day or more workshop at least
five (5) business days before the workshop begins; or
3.4.3 The Class is canceled by City or Contractor. In the latter
instance, Contractor must provide City with all required paperwork.
3.5 Class Roster, Sign -Out and Attendance Sheets. City shall provide Class
rosters, sign -out sheets and attendance sheets to Contractor online via
http: // newportbeachca .gov /index.aspx?page =1432. Contractor is responsible for
requesting log -in and password information from City.
4. CONTRACTOR DUTIES
4.1 Contractors. Contractor hereby certifies that it, or any subcontractor,
representative or employee (collectively 'Representatives ") who will be teaching the
Class or assisting in teaching the Class are qualified to do so, and qualified to perform
the services described above and in the Program outline submitted to City. Contractor
is responsible for all Class curriculum development. Contractor is responsible for
training, supervising, evaluating, scheduling, and any other requirements by law for all
Representatives. Contractor warrants that it will continuously furnish the necessary
personnel to provide the Program or Classes as contemplated by this Agreement.
4.2 Representatives. Contractor shall provide City with the name(s),
address(es) and phone number(s) of all Representatives who will be providing any
services pursuant to this Agreement. All Representatives of Contractor must comply
with the Fingerprint Policy (see Section 8). All Representatives must be able to provide
proof of legal right to work in the United States.
4.2.1 Representative Approval Form. Attached as Exhibit A, and
incorporated herein by reference, is the Representative Approval Form ( "Form "). Each
Contractor Representative is required to obtain the written approval of the Recreation
and Senior Services Director prior to performing any services under this Agreement.
Prior to Contractor using any Representative to provide any services pursuant to this
Agreement, Contractor shall submit to City a completed Form for each Representative
DARRYLCLARK 2
357
that Contractor desires to use to provide services pursuant to this Agreement.
Contractor, at the sole discretion of City, shall remove from the Program any
Representative assigned to the performance of services pursuant to this Agreement
upon written request of City.
4.3 Please initial the statement that applies:
�` I will not be using Representatives or employees.
I will be using Representatives. Any completed and approved Form
shall be incorporated herein by reference. I shall not authorize any
Representative to provide services pursuant to this Agreement
unless and until the Recreation and Senior Services Director has
approved in writing the completed Form for that individual
Representative.
4.4 Subcontracting. Contractor shall not subcontract or assign any portion of
the rights, obligations or duties required under this Agreement, without first obtaining
prior written approval from City. Subcontracts, if any, shall contain a provision making
them subject to all provisions of this Agreement.
4.5 Supplies /Equipment. Contractor shall be responsible for providing all
supplies, equipment, personnel, materials, and any additional publicity desired for the
class, at Contractor's sole expense. Contractor shall also be responsible for repairing
and maintaining all equipment and supplies in good working condition.
4.6 Anti - Discrimination Laws. Contractor agrees and certifies that no person
shall, on the grounds of race, religious creed, color, national origin, ancestry, age,
physical disability, mental disability, medical condition, including the medical condition of
Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital
status, sex, sexual orientation or any other impermissible basis under the law, be
excluded from participation in, or be denied the benefits of the services provided
pursuant to this Agreement except as otherwise permitted by law. Contractor shall,
where applicable, conform to the requirements of the Americans with Disabilities Act in
the performance of this Agreement.
4.7 Class Size. Contractor shall determine the minimum and maximum
number of participants required for each Class to ensure the quality and safety of the
Class participants. Contractor or Contractor's authorized representative is required to
attend the first Class meeting of all Class offerings advertised in the Newport Navigator
and /or OASIS News unless Contractor cancels the Class three (3) business days prior
to the start date, with the prior written approval of City. In the event of such approved
cancellation, Contractor shall be responsible for informing all registered participants. In
the event that the minimum number of participants is not met by the first Class meeting,
the Class shall be canceled and Contractor shall not be compensated for attending the
first meeting or for any canceled Class. Contractor shall not be obligated to provide any
additional services in regards to the canceled Class. If the minimum number of
participants is met or exceeded, the Class shall be held as scheduled (even if any of the
initial participants subsequently drop the Class), subject to Section 14 of this
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Agreement. If the demand is such that an additional Class could be offered, it shall be
taken under consideration and negotiated between City and Contractor. If class(es) are
canceled for two (2) consecutive quarters due to lack of enrollment, the class will not be
scheduled again until City determines that public demand has increased:
4.8 Use of Non -City Facilities for Classes. If Contractor desires to conduct the
Class at its place of business, or some other non City -owned site or facility, Contractor
must:
and
4.8.1 Notify City at least twenty -four (24) hours in advance;
4.8.2 Provide sufficient parking for all participants;
4.8.3 Post signs at the site to direct participants to the location of class;
4.8.4 Allow access to City staff to the location when requested.
4.9 Absences. Contractor shall obtain permission from City one (1) week prior
to any planned absence from the class. In the event of illness, Contractor is required to
notify City and participants at least twelve (12) hours prior to any Class cancellation.
4.9.1 City urges Contractor to get a substitute Representative when-
ever possible instead of canceling Classes. Contractor shall obtain City's prior written
approval of any substitute Representative. Any substitute Representative must have
completed a criminal background check pursuant to Section 8 prior to teaching any City
Programs or Classes and must have an authorized Representative Approval Form on
file with City.
4.10 Contact Information. Contractor is required to notify City in writing of any
name, address, telephone number, email, website or direct deposit payment changes
within forty -eight (48) hours of such change.
4.11 Contractor Informational Meeting. Contractor or Contractor's authorized
Representative or employee shall attend the Annual "Contractor Informational Meeting"
that is held in the Fall.
4.12 Cam Participant Emergency Waiver Form Requirements. All Contractors
Who offer camps shall require all participants to complete and return to Contractor, or its
designee, on or before the first day of camp, a City issued "Emergency Contact
Information Form."
4.13 Sign -Out Sheets. All Camp Contractors with participants ages 10 years
and younger must have a legal guardian sign out each Class participant after each
Class. Sign out sheets along with attendance sheets are available to Contractor online
through the instructor login.
4.14 Other Requirements. Contractors shall:
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4.14.1 Cooperate fully with all reasonable requests from City staff;
4.14.2 Maintain the highest degree of participant safety possible;
4.14.3 Injuries or Damages. Immediately report to the Recreation and
Senior Services Project Administrator named in Section 5, by phone or e -mail, any
injuries.as a result of Class participation, damages to the classroom or Program facility
that could cause potential injury to a Class participant, and/or other needed
maintenance repairs;
4.14.4 Clear all participants from the designated Class area at the end of
Class time unless participants continue to use public City facilities for personal use
without conflict with other scheduled activities and in accordance with posted hours and
availability limitations;
4.14.5 Ensure that any music or sound system is kept at levels that will
not interfere with other classes or create a public disturbance /nuisance;
4.14.6 Close and secure the room or building at the end of each Class;
4.14.7 Turn off any lights, heat, air conditioning, or other utilities when
Class is finished;
4.14.8 Complete and return the quarterly "Contract Class Schedule"
requested by City if Contractor wishes to be a part of the marketing materials;
414.9 Know facility rules and regulations and provide pertinent
information (e.g., refunds) to participants;
4.14.10 Pay a $20 lost key /replacement fee when Contractor requests
replacement key; and
4.14.11 Abide by all City policies and procedures including, but not
limited to, the requirements set forth in the Newport Navigator and OASIS News and the
current Contractor Handbook which is incorporated herein by this reference.
Contractor's signature on this Agreement signifies acknowledgement of receipt of the
Contractor Handbook.
4.15 Contractor Photo ID Badge. Contractor and its Representatives are
required to wear a City - provided Contractor Photo ID Badge at all times while engaging
in services for City. Contractor shall be required to pay $5.00 for any lost or
replacement Contractor Photo ID Badge. Contractor Photo ID Badges are distributed
upon execution or renewal of the Agreement with City.
5. NOTICES
5.1 Unless otherwise indicated, all notices, demands, requests or approvals,
including change of address notices, to be given under the terms of this Agreement
shall be given in writing, and conclusively shall be deemed served when delivered
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personally, or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first -class mail, addressed as hereinafter provided.
5.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn.: JUSTIN SCHMILLEN
Recreation and Senior Services Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
5.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to -Contractor at the contact information provided on page 12 of this
Agreement.
6. INDEPENDENT CONTRACTOR
The parties intend and agree that at all times during the performance of services
under this Agreement, Contractor shall act as an Independent Contractor and shall not
be considered an agent or employee of City. As such, Contractor shall have the sole
legal responsibility to remit all federal and state income and Social Security taxes and to
provide for its own workers compensation and unemployment insurance and that of its
Representatives. Contractor also agrees to provide liability insurance as required by
City and described more fully below. City shall not be liable for any payment or
compensation in any form to Contractor other than as provided herein. City reserves
the right to employ other independent contractors and contractors who teach the same
or similar classes. City shall provide Contractor with IRS 1099 or other applicable IRS
forms at the end of the calendar year for all fees paid to Contractor.
7. INSURANCE
7.1 General Liability Insurance. Contractor must provide and maintain at all
times general liability insurance in an amount not less than One Million Dollars
($1,000,000) per occurrence for bodily injury, personal injury, and property damage.
The policy shall carry a general liability special endorsement naming the City of Newport
Beach, its elected or appointed officers, employees, agents and volunteers as additional
named insured in the amount of One Million Dollars ($1,000,000) per occurrence.
Evidence of insurance certificate shall be sent to the Recreation & Senior Services
Department and must be approved by the City Risk Manager or designee prior to the
first Class /day of instruction.
7.1.1 Contractor shall have the option of purchasing coverage through
the City of Newport Beach's Special Event insurance program, or through Southern
California Municipal Athletic Federation ( "SCMAF ") or providing its own coverage. If a
Contractor elects to obtain its own coverage, said coverage must have the policy limits
described above and be provided by an insurance carrier with a Best's, Insurance Guide
Rating of A- (or higher) and Financial Size Category Class of VII (or larger).
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7.1.2 Contractor's insurance coverage shall be primary insurance
and /or primary source of recovery with respect to City, its elected or appointed officers,
agents, officials, employees and volunteers with respect to all claims, losses or liability
arising directly or indirectly from Contractor's operations or Service provided to City.
Any insurance or self- insurance maintained by City, its officers, officials, employees and
volunteers shall be excess of Contractor's insurance and shall not contribute with it.
7.1.3 Said policy must also provide a written thirty (30) day notice of
cancellation, or ten (10) day written notice for non - payment of premium, to the City of
Newport Beach Recreation & Senior Services Department, at the following address:
P.O. Box 1768, Newport Beach, CA 92658.
7.2 Workers' Compensation Insurance. By executing this Agreement,
Contractor certifies that Contractor is aware of and will comply with Section 3700 of the
Labor Code of the State of California requiring every employer to be insured against
liability for workers' compensation or to undertake self- insurance before commencing
any work. Contractor shall carry the insurance or provide for self- insurance required by
California law to protect said Contractor from claims under the Workers' Compensation
Act.
7.2.1 The insurer issuing the Workers' Compensation insurance shall
amend. its policy by endorsement to waive all rights of subrogation against City, its
elected or appointed officers, agents, officials, employees and volunteers. Contractor
shall submit to City, along with the required certificate of insurance, a copy of such
waiver of subrogation endorsement.
7.2.2 In the event Contractor has no employees requiring Contractor to
provide Workers' Compensation insurance, Contractor shall so certify to City in writing
prior to City's execution of this Agreement.
7.3 Automobile Liability Coverage. Contractor shall maintain automobile.
insurance covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with work to be performed under this Agreement,
including coverage for any owned, hired, non -owned or rented vehicles, in an amount
not less than One Million Dollars ($1,000,000) combined single limit for each
occurrence, or as approved by City's Risk Manager or his /her designee.
7.4 Please initial the statement that applies:
Contractor shall provide a copy of the General Liability Insurance
with Additional Insured Endorsement that meets the above
requirements.
Contractor shall utilize City - provided insurance through Southern
California Municipal Athletic Federation ( "SCMAF ") and will pay all
required fees billed on a quarterly basis by City. I have reviewed the
Contractor Handbook for complete information. Please note that
SCMAF does not provide coverage for Worker's Compensation or
Automobile Insurance Liability.
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8. FINGERPRINTS AND CRIMINAL BACKGROUND CHECK
8.1 Contractor. and its Representatives must submit to and pass a criminal
background investigation by providing a complete set of fingerprints to City at least thirty
(30) calendar days prior to teaching, substituting for Contractor, or assisting with any
Class. Contractor and its Representatives are required to submit fees in the amount of
up to $73 per person to the City of Newport Beach, Recreation and Senior Services
Department, to cover all costs associated with fingerprinting through the City of Newport
Beach Police Department and the Department of Justice. Fingerprints may be required
to be updated every five (5) years.
8.2 In addition, all Classes involving minors age seventeen (17) or younger
must be taught in an open atmosphere where parents and guardians are able to
observe Class instruction, if so desired. At no time may the parent or guardian of a
minor be denied access to a Class.
9. TRANSPORTING OF MINOR PARTICIPANTS
9.1 Unless the Program specifically involves travel or transportation of minors
to an offsite location, Contractor, or its Representatives, shall not transport any minor
participant by vehicle or otherwise.
9.2 If, after the conclusion of any Class session, a minor participant has not
been picked up, Contractor shall make every effort to contact the minor's parent, legal
guardian, or other authorized individual to whom the minor may be released. If no
contact can be made with any of the above individuals, Contractor shall contact the City
Recreation Supervisor or Recreation Manager at the Recreation & Senior Services
Office at (949) 644 -3151 (Monday through Friday, 8 a.m. to 5 p.m.), or the Park Patrol
Division at (949) 795 -2381 (Monday through Friday, 5 p.m. to 9 p.m. and Saturday and
Sunday, 9 a.m. to 5 p.m.). During all other hours, Contractor shall contact the Watch
Commander at the Newport Beach Police Department for assistance at (949) 644 -3730.
10. CONFIDENTIALITY; OWNERSHIP OF DOCUMENTS
All Class rosters, participant addresses and contact information, and any other
such information or documents compiled by City and provided to Contractor, shall
remain the property of City. Contractor shall not release such information to others
without the prior written authorization by City. Contractor shall not use such information
for any other purpose than that authorized by City. All Class rosters, Class participant
addresses and contact information, shall be used by Contractor solely for administration
of Classes and performing City business. Contractor shall take reasonable steps
consistent with the law to prevent distribution of such information. Contractor's
obligations under this Section shall survive the termination of this Agreement.
11. USE OF NAMES AND LOGOS; ADVERTISING, PRESS RELEASES AND
PUBLICITY
Contractor shall not include City's name, seal, logos or insignia, or photographs
of the Class site or participants, in any publicity pertaining to Contractor's services or
DARRYL CLARK 8
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Class in any magazine, trade paper, newspaper, radio or television production, Internet,
or other printed or electronic medium without the prior written consent of City and
participants.
12. BUSINESS LICENSE
Newport Beach Municipal Code Chapter 5.04 provides that every business
operating in City must obtain a business license prior to conducting business in City,
and pay the required business license tax. The City Business License Tax is an annual
fee due every twelve (12) months. Contractor agrees to obtain a City business license
as required by Chapter 5.04 and provide proof of compliance annually. Business
License applications are available in the Revenue Division Office in Newport Beach City
Hall. In certain circumstances, Contractor may be eligible to pay a reduced Business
License Tax, which is known as an Apportioned Business Tax. A Declaration for
Apportioned Business Tax is available in the Revenue Division Office at City Hall. A
copy of the Business License must be submitted with this Agreement.
13. INDEMNIFICATION
13.1 General. Contractor shall indemnify, defend and hold harmless City, its
elected and appointed officers, employees, agents, volunteers, representatives, the City
Council, boards and commissions ( "Indemnified Parties ") with respect to any loss,.
liability,. injury or damage that arises out of, or is in any way related to, the acts or
omissions of Contractor, its employees, representatives, officers and agents in the
course of performing services under this Agreement; however, Contractor shall not be
required to indemnify City from any claim arising from the sole negligence or willful
misconduct of the Indemnified Parties.
13.2 Intellectual Property. Contractor shall defend, indemnify, and hold
harmless the Indemnified Parties from any claim of infringement or other proceedings
brought against City for any intentional or unintentional violation by Contractor of the
legally protected rights of any third parties, with respect to works performed, logos
displayed, or written or digital materials provided by Contractor and used during the
performance of this Agreement. Such legally protected rights of third parties include but
are not limited to trade secrets, moral rights, proprietary acts, U.S. patents, trademarks,
service marks and copyrights vested or issued as of the effective date of this
Agreement. If Contractor will be providing a public performance of musical
compositions or arrangements that are subject to a license held by a third party, it is the
responsibility of Contractor to obtain the appropriate license to perform the material prior
to the public performance.
14. TERMINATION
City has the right, at its sole discretion and with or without cause, to terminate
this Agreement at any time by giving three (3) calendar days' prior written notice to
Contractor. In the event of termination under this Section, City shall pay Contractor on
a prorated basis for any Classes or Programs that were actually taught by Contractor, if
any, up to the effective date of termination.
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15. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under the Agreement, Contractor shall submit to City in
writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for
payment. Contractor and City expressly agree that in addition to all claims filing
requirements set forth in the Agreement, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Government Claims Act
(Govt. Code §§ 900 et seq.).
16. STANDARD PROVISIONS
16.1 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
16.2 Waiver. A waiver by City of any term, covenant, or condition in the
Agreement shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
16.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and Agreements of whatsoever kind or nature are merged
herein. No verbal contract or implied covenant shall be held to vary the provisions
herein.
16.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
16.5 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
16.6 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
16.7 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
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16.8 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
16.9 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
16.10 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
16.11 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
DARRYLCLARK
11
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1
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: Date: 3 • -z.,57- • V`-i
By: WQA�4kkAlAA412 ar By:. szca J
Aaron C. arp La Detweiler
City Attorney Re r tion & Senio ervices Director
ATTEST: Zq
Date: & 00
By:
Leilani I. Brown
City Clerk
CONTRACTOR: DARRYL CLARK, a sole proprietor doing business as ( "DBA ")
HANGTIME SPORTS
SignatOrb Date Print Name Print Title
Signature
Date Print Name
G PjC'A 213C Ccrk. ,At C./-\ '�ZU
Business Mailing Address, City, State Zip
7hD•`11S 23%7
Cell Phone Business Phone Home Phone
ti�ctn � t•aN e.5��� l5l ? I \o��ta« � Gurv�
'E -mail A� ddress Alternate E -mail
Home Address (if different from business mailing address)
[END OF SIGNATURES]
Attachments: Exhibit A— Representative Approval Form
Print Title
`D - -o- 1- 2-72:3
Tax ID/ SSN
Alternate Phone
Business Website
DARRYLCLARK 12
367
EXHIBIT A
REPRESENTATIVE APPROVAL FORM
PLEASE PRINT LEGIBLY
CONTRACTOR NAME:
REPRESENTATIVE: NAME:
ADDRESS:
CITY, STATE ZIP:
DATE OF BIRTH: PHONE#
EMAIL:
SIGNATURE OF REPRESENTATIVE: DATE
-- --- ----- - - - --- -- - -- -- -- -- -- -- --
CITYUSEONLY
CONTRACT #
FINGERPRINTS:
YES
NO
STAFF SIGNATURE /DATE
BACKGROUND:
YES
O
NO
CLEARED
STAFF SIGNATURE /DATE
CLEARED TO
YES
NO
WORK
STAFF SIGNATURE
DATE RECEIVED
PHOTO TAKEN:
YES
NO
STAFF SIGNATURE /DATE
CONTRACTOR
YES
NO
NOTIFIED BY EMAIL
STAFF SIGNATURE /DATE
LAURA DETWEILER, DIRECTOR DATE
RECREATION & SENIOR SERVICES DEPARTMENT
DARRYLCLARK 13
..
Attachment B
SCOPE OF SERVICES
i. CURRENT LEAGUE STRUCTURE - Four seasons per year:
A. SEASONS — Specific season commencement dates will be provided by the City at
the end of the year.
• Winter (begins on or about January of each year)
• Spring (begins on or about April of each year)
• Summer (begins on or about July of each year)
• Fall (begins on or about September of each)
B. Season will consist of 6 -io -games — not including playoff games
C. Games are played Monday through Thursday (no weekends).
D. Game times: (game times are determined based on the availability of the
gymnasium)
• 6 -team leagues — 6:3opm, 7:30pm, 8:15pm
• 8 -team leagues — 6:15pm, 7:151m, Spin, 9pm
E. Gymnasiums
• West Newport Community Center
• Ensign Junior High School
• Lincoln Athletic Center
• Newport Coast Community Center
F. Tournaments — Adult basketball tournaments may be developed as an extension of
the Recreation & Senior Services Department's Adult Basketball Program.
• Contractor will assign officials for weekend tournament games.
2. CONTRACTOR RESPONSIBILITIES /PROVISIONS
The selected Contractor shall be expected to promote, organize and operate the City
of Newport Beach Recreation and Senior Services Department's Adult Basketball
Program, to include the following:
A. Officials / Scorekeepers
• Contractor shall assign and provide payment to all assigned officials and
scorekeepers.
Contractor will assign officials and scorekeepers that are adequately trained
and knowledgeable regarding the rules and play of basketball. Contractor
shall provide the City with an annual evaluation report of all assigned
officials and scorekeepers, including the evaluation process as well as
certification and training procedures. Two (2) officials and one (1)
scorekeeper shall be assigned per game.
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R
• Contractor will only assign officials that are able to traverse the entire area
of a basketball court as necessitated by typical game play.
• Contractor shall only assign official that can competently officiate games in
accordance with City rules and regulations; the National Federation of State
High School Association basketball rules and any and all other policies or
procedures governing adult basketball leagues and tournaments.
• Contractor shall only referee one (i) set of games per week and rotate
officiating assignments through all divisions throughout the season.
• Contractor agrees that the City's AED will be on the courts during league
and tournament play and scorekeepers will be trained and certified in its use
at the City's expense during trainings provided bi= annually.
• Contractor shall ensure that all assigned officials are aware of, and will
comply with, any extra officiating obligations, including but not limited to:
— Filing misconduct reports in written form with the Recreation Sports
Supervisor or his or her designee immediately following the incident
for such incidents as fighting and ejections.
— Filing accident reports in written form with the Recreation Sports
Supervisor or his or her designee immediately following the incident
for game related injuries or accidents.
— Fully cooperate and communicate with the Recreation Sports
Supervisor or his or her designee for matters pertaining to the Adult
Basketball program and City.
• Contractor shall ensure that officials and scorekeepers arrive at designated
playing site at least ten (ro) minutes prior to the scheduled game start time.
• Contractor shall ensure that officials and scorekeepers dry mop the
gymnasium floor and inspect the playing site before the scheduled game
start time.
Contractor shall notify the Recreation Sports Supervisor or his or her
designee of any problems or changes in Contractor's assignment of officials
no later than twenty -four (24) hours prior to each scheduled game. When
this notice is not possible, Contractor agrees to notify the City's Recreation
Sports Supervisor or his or her designee immediately.
Meetings
Contractor shall cooperate fully with the Adult Basketball program,
including meeting with the Recreation Sports Supervisor or his designees
when requested, making assignment changes when in the interests of the
program, and maintaining an open and regular dialogue with the City and
the Recreation Sports Supervisor or his or her designee regarding program
matters.
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• Contractor shall send representatives to attend any and all League Manager
meetings.
C. Promotional Materials
Contractor shall assist in the promotion of program and provide additional
marketing materials and services i.e. game statistics for the Recreation & Senior
Services Department's Adult Basketball program with the goal of maximizing
league registration.
D. Scoring
Contractor shall update the scores or forfeits through the City designated
website no later than twenty -foul (24) hours after each scheduled game.
E. Customer Service
Contractor shall provide service to all teams, including telephone customer
service to handle questions and disputes involving all aspects of league play.
F. Keys
Contractor shall be provided keys and is expected to lock up the following
facilities: West Newport Community Center, Lincoln School Gym, and Ensign
School Gym.
G. Awards & Equipment
Contractor shall, at its own expense, provide awards to all league or
tournament champions in all divisions, including one (1) team and separate
individual awards to all players on the winning champion team; team and
championship awards subject to approval by Recreation Sports Supervisor
or his or her designee.
• Contractor shall, at its own expense, provide and maintain quality and
functional equipment for all basketball related game play, including but not
limited to basketballs, referee uniforms and equipment materials, and
scorecards; basketball related equipment subject to approval by the City and
the Recreation Sports Supervisor or his or her designee.
3. CITY RESPONSIBILITIES /PROVISIONS
Use of Gymnasium
• City shall provide Contractor with gymnasium allocation for all leagues,
including reserving School District facilities, if needed.
• City shall provide the maintenance of all gymnasiums.
• City shall provide first aid supplies at all gymnasiums, including Automated
External Defibrillator (AED) units.
371
• City shall provide bi- annual AED training for all scorekeepers that are not
currently certified.
4. COMPENSATION SCHEDULE
• City shall process payment to the Contractor at the end of the fifth (5th) week
after season registration officially opens.
City shall process a final clean -up payment to the Contractor at the end of
the eighth (8th) week after registration officially opens.
372