HomeMy WebLinkAboutC-8125-2 - Independent Contractor Agreement Recreation InstructorINDEPENDENT CONTRACTOR AGREEMENT
RECREATION INSTRUCTOR
This Independent Contractor Agreement ("Agreement") is made and entered into
as of this May 13, 2017 ("Effective Date") by and between the City of Newport Beach, a
California municipal corporation and charter city ("City'), and BEACH CITY LIFE, INC, a
California corporation doing business as ("DBA") BEACH CITY SPORTS ("Contractor'),
to provide the classes or programs in ADULT SPORTS ("Program") hereby agreed upon,
as scheduled and described in the Newport Navigator and/or OASIS News, which is
incorporated herein by 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 May 12, 2019, unless terminated earlier as provided herein.
2. COMPENSATION
2.1 In accordance with the Scope of Services attached as Exhibit A
incorporated herein by reference, Contractor shall collect all resident and
non-resident registration fees, when applicable, for the program that
operates four (4) seasons per year. Contractor shall be responsible for all
costs associated with the administration of the Program as further described
in the Scope of Services attached hereto as Exhibit A.
2.2 Contractor shall set the Program session start dates in collaboration with
the City. Contractor shall submit to the City a roster of participants no later
than four (4) weeks after the commencement of each Program season. For
league play on sand fields and courts, Contractor shall remit twenty-five
percent (25%) of the collected registration fees to City, less the materials
fee, no later than four (4) weeks after the start of each Program season.
For league play on athletic fields with lights, Contractor shall remit thirty
percent (30%) of the collected registration fees to City, minus the materials
fee and non-resident fee, and Ten Dollars and 00/100 ($10.00) per non-
resident enrolled, no later than four (4) weeks after the start of each
Program season.
2.3 Contractor may charge an additional materials fee for league registration of
up to Twenty -Five Dollars and 00/100 ($25.00) for jerseys, registration
transaction fees and website administrative related expenses only. Any
materials fee must be approved in advance by City and must be collected
by Contractor at time of registration.
BEACH CITY LIFE, INC. DBA BEACH CITY SPORTS Page 1
3. DUTIES OF CITY
3.1 Publicity. City shall provide publicity for the Program in the Newport
Navigator (published on a quarterly basis) and/or the OASIS News
(published on a 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 Program and Contractor. Publicity may also include
flyers created by City or Contractor. Contractor -created marketing materials
must be approved in writing by City before distribution.
3.2 Program Facility. City shall provide a location for the Program without
charging Contractor any rental fees, unless otherwise agreed in writing by
the parties. Contractor will request dates and times for the Programs 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 Programs without receiving date/time requests from
Contractor. City facilities shall only be used for Programs authorized by the
City under this Agreement.
4. CONTRACTOR DUTIES
4.1 Contractors. Contractor hereby certifies that it, or any subcontractor,
representative or employee (collectively 'Representative" or
"Representatives") who will be administering the Program or assisting in
administering the Program 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 Program 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(s) as contemplated by this Agreement. Contractor and any
Representative(s) shall perform the duties in accordance with the Scope of
Services attached hereto as Exhibit A.
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
must comply with the Fingerprint and Criminal Background Check policy in
Section 9. 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 B and
incorporated herein by reference, is the Representative Approval
Form ("Form"). Each Representative is required to obtain the written
approval of the Recreation & 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 that Contractor desires to use to provide
BEACH CITY LIFE, INC. DBA BEACH CITY SPORTS Page 2
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:
)--Mill not be using Representatives.
I will be using Representatives. Any completed and approved Forms
shall be incorporated herein by reference. ! shall not authorize any
Representative to provide services pursuant to this Agreement unless
and until the Recreation & 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. Any
assignment in violation of this section shall be null and void.
4.5 Supplies/Equipment. Contractor shall be responsible for providing all
supplies, equipment, personnel, materials, and any additional publicity
desired for the Program, at Contractor's sole expense. Contractor shall also
be responsible for providing, repairing, and maintaining all equipment and
supplies needed for the Program 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 Program Size. Contractor shall determine the minimum and maximum
number of participants required for each Program to ensure the quality and
safety of the Program participants. Contractor or Representative is required
to attend the first Program meeting of all Program offerings advertised in
the Newport Navigator and/or OASIS News unless Contractor cancels the
Program at least three (3) City business days prior to the first Program date,
with the prior written approval of City. In the event of such approved
cancellation, Contractor shall be responsible for informing all registered
participants and refunding all registration fees to all registered participants.
In the event that the minimum number of participants is not met by the first
Program meeting, the Program shall be canceled and Contractor shall not
BEACH CITY LIFE, INC. DBA BEACH CITY SPORTS Page 3
be compensated for attending the first meeting or for any canceled
Program. Contractor shall not be obligated to provide any additional
services in regards to the canceled Program. If the minimum number of
participants is met or exceeded, the Program shall be held as scheduled
(even if any of the initial participants subsequently drop the Program),
subject to Section 15 of this Agreement. If the demand is such that an
additional Program could be offered, it shall be taken under consideration
and negotiated between City and Contractor. If Program(s) are canceled
for two (2) consecutive quarters due to lack of enrollment, the Program will
not be scheduled again until City determines that public demand has
increased.
4.8 Absences. Contractor shall obtain permission from City one (1) week prior
to any planned absence from the Program. In the event of illness,
Contractor is required to notify City and participants at least twelve (12)
hours prior to any Program cancellation.
4.8.1 City urges Contractor to get a substitute Representative whenever
possible instead of canceling Programs. Contractor shall obtain
City's prior written approval of any substitute Representative. Any
substitute Representative must have completed fingerprinting and a
criminal background check pursuant to Section 9 prior to teaching
any Programs and must have an authorized Form on file with City.
4.9 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.
4.10 Contractor Meeting with Recreation & Senior Services. Contractor shall
attend meetings with the Recreation Sports Supervisor or his or her
designee when requested and maintain an open and regular dialogue with
the City and the Recreation Sports Supervisor or his or her designee
regarding Program matters.
4.11 Other Requirements. Contractor shall:
4.11.1 Cooperate fully with all reasonable requests from City staff;
4.11.2 Maintain the highest degree of participant safety possible;
4.11.3 Iniuries or Damages. Immediately report to City's Project
Administrator named in Section 5 below, by phone or email, any
injuries as a result of Program participation, damages to the City or
Program facility that could cause potential injury to a Program
participant, and/or other needed maintenance repairs;
4.11.4 Clear all participants from the designated Program area at the end
of Program time unless participants continue to use public City
facilities for personal use without conflict with other scheduled
BEACH CITY LIFE, INC. DBA BEACH CITY SPORTS Page 4
activities and in accordance with posted hours and availability
limitations;
4.11.5 Ensure that any music or sound system is kept at levels that will
not interfere with other City programs or create a public
disturbance/nuisance;
4.11.6 Complete and return via email, by the date set forth by City's
Project Administrator, the quarterly "Contract Program Schedule" if
Contractor wishes to be a part of City's marketing materials;
4.11.7 Know facility rules and regulations and provide pertinent
information (e.g., refund policy) to participants;
4.11.8 Pay a twenty dollar ($20.00) lost key/replacement fee when
Contractor requests replacement key; and
4.11.9 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 reference. Contractor's signature on this Agreement
signifies acknowledgement of receipt of the Contractor Handbook.
4.12 Contractor Photo ID Badge. Contractor and 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 five dollars
($5.00) for any lost or replacement Contractor or Representative Photo ID
Badge. Contractor Photo ID Badges are distributed upon execution or
renewal of the Agreement with City.
5. PROJECT ADMINISTRATOR
This Agreement will be administered by the Recreation & Senior Services
Department. City's Recreation Manager, or designee, shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project
Administrator shall represent City in all matters pertaining to the services to be rendered
pursuant to this Agreement.
6. NOTICES
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 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.
6.1 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Recreation Supervisor
BEACH CITY LIFE, INC. DBA BEACH CITY SPORTS Page 5
Recreation & Senior Services Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
6.2 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Wesam Jriesat
Beach City Sports
2402 Delaware Street, #106
Huntington Beach, CA 92646
7. INDEPENDENT CONTRACTOR
The parties intend and agree that at all times during the performance of services
under this Agreement, Contractor and Representatives 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 and in Exhibit C, attached
hereto and incorporated by reference. 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 Programs. City shall provide Contractor with IRS Form 1099-MISC or other
applicable IRS forms at the end of the calendar year for all fees paid to Contractor.
8. INSURANCE REQUIREMENTS
Without limiting Contractor's indemnification of City, and prior to commencement
of Programs, Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C.
9. FINGERPRINTS AND CRIMINAL BACKGROUND CHECK
9.1 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 Program. Contractor and its
Representatives are required to submit fees at City's cost pursuant to the
administrative fee schedule (NEMC §3.36.030) to the City of Newport
Beach, Recreation & Senior Services Department, to cover all costs
associated with fingerprinting through the City of Newport Beach Police
BEACH CITY LIFE, INC. DBA BEACH CITY SPORTS Page 6
Department and the Department of Justice. Fingerprints may be required
to be updated every five (5) years.
9.2 In addition, all Programs involving participants age seventeen (17) years or
younger ("minors") must be taught in an open atmosphere where parents
and guardians are able to observe Program instruction, if so desired. At no
time may the parent or guardian of a minor be denied access to a Program.
10. TRANSPORTING OF MINOR PARTICIPANTS
10.1 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.
10.2 If, after the conclusion of any Program 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 Newport Beach Police Department Dispatch number for assistance at
(949)644-3717.
11. CONFIDENTIALITY; OWNERSHIP OF DOCUMENTS
All Program 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 Program rosters, Program participant addresses
and contact information shall be used by Contractor solely for administration of Programs
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.
12. 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 Program site or participants, in any publicity pertaining to Contractor's services or
Program 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.
13. BUSINESS LICENSE
BEACH CITY LIFE, INC. DBA BEACH CITY SPORTS Page 7
Newport Beach Municipal Code Chapter 5.04 provides that every business
operating in the City must obtain a business license prior to conducting business in the
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 at 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.
14. INDEMNIFICATION
14.1 General. Contractor shall indemnify, defend and hold harmless City, its
elected and appointed officers, employees, agents, volunteers, representatives, the City
Council, boards and commissions and any person or entity owning or otherwise in legal
control of the property upon which Contractor performs the Class or Program
contemplated hereunder ("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 orwillful misconduct of the Indemnified Parties.
14.2 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.
15. 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 Programs that were actually taught by Contractor, if any, up to the effective
date of termination.
16. 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
BEACH CITY LIFE, INC. DBA BEACH CITY SPORTS Page 8
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 (California Govt. Code
§§ 900 et seq.).
17. STANDARD PROVISIONS
17.1 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.
17.2 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.
17.3 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.
17.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto or incorporated
herein, the terms of this Agreement shall govern.
17.5 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.
17.6 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.
17.7 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.
17.8 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.
17.9 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.
BEACH CITY LIFE, INC. DBA BEACH CITY SPORTS Page 9
17.10 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.
17.11 Counterparts. This Agreement may be executed in two (2) 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]
BEACH CITY LIFE, INC. DBA BEACH CITY SPORTS Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aaron C. Harp 05�
City Attorney
ATTEST:
Date:
By: �t�u�G�� C:G(L1d r
L ilani I rown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: S • 3 1 - I -A—
/
ra Detweilel,j
reation & Senior Services Director
CONTRACTOR: Beach City Life, Inc. a
California corporation doing business as
("DBA") Beach City Sports
Date:
By;
91
J
Officer
Date: 5
By:
Brooke M. 41loy
Secretary
[END OF SIGNATURES)
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
BEACH CITY LIFE, INC. DBA BEACH CITY SPORTS Page 11
EXHIBIT A
SCOPE OF SERVICES
PROGRAM STRUCTURE:
1.1 Contractor shall operate up to four (4) seasons of adult league play per
year. Commencement dates are as follows:
1.1.1 Spring: June -August
1. 1.2 Summer: September- November
1.1.3 Fall: December- February
1.1.4 Winter: March -May
1.2 Contractor shall facilitate league play that allows each team to play at least
seven (7) games, not including playoff games.
time:
1.3 Adult league games shall start within the range of the following blocks of
1.3.1 Weekday Programs - 6:15 p.m. to 9:30 p.m.
1.3.2 Weekend Programs— 10:00 a.m. to 4:00 p.m.
1.4 Adult League Play on Sand Fields and Courts
1.4.1 City shall allocate location on the beach immediately west of the
Balboa Pier, between Adams St and Medina Way.
Summer.
1.4.2 Contractor shall not restrict public access to the beach at anytime.
1.4.3 League play is not permitted to operate on weekends during the
1.4.4 Days of play must be approved by Recreation Supervisor
1.5 Adult League Play on Athletic Fields with Lights
1.5.1 City shall allocate location on the synthetic turf fields at Bonita
Creek Park
1.5.2 Contractor shall monitor use and administer rules to all program
participants and spectators in the Recreation & Senior Service's Youth Sports
Commission: Member Requirements & Field Allocation & Use Policy related to:
(a) Field Maintenance and Modifications
(b) Athletic Field Lining and Marking
BEACH CITY LIFE, INC. DBA BEACH CITY SPORTS Page A-1
(c) Rules and Regulations of Field Use
(d) Synthetic Turf Rules and Regulations
(e) Traffic and Parking
(f) Public Address System Use
(g) Storage and/or Concessions
1.5.3 Contractor shall not restrict public access to the park at any time.
1.5.4 League play is permitted on weekdays only.
1.5.5 All league related activities, including clean-up, must conclude by
10:30 p.m.
1.5.6 Recreation Supervisor, or designated staff, shall schedule lights
based on the schedule submitted by the Contractor
2. CONTRACTOR RESPONSIBILITIES I PROVISIONS
2.1 Contractor shall promote, organize and operate the City of Newport Beach
Recreation & Senior Services Department's adult league play for the following sports:
• Flag Football on sand and athletic fields with lights
• Kickball on athletic fields with lights
• Soccer on sand fields only
• Volleyball on sand courts only
2.2 Contractor, designated representatives and staff shall cooperate fully with
the City's staff, including meeting with the Recreation Supervisor or designated staff,
when requested, and maintaining an open and regular dialogue with the City and the
Recreation Supervisor or designated staff, regarding Program matters.
2.3 Contractor shall promote the Program and provide additional marketing
materials and distribution efforts including but not limited to flyers, banners, email
marketing and distribution management systems.
2.4 Contractor, at their own expense, shall provide online player registration
software and access to enrollment, team rosters, and schedules to Recreation Supervisor
or designated staff. Contractor registration form must include liability waiver language
designated by the City of Newport Beach
2.5 Contractor shall provide service to all teams including telephone customer
service to handle questions and disputes involving all aspects of Program business.
2.6 Contractor shall organize and schedule all registered individuals and teams,
track statistics, propose a playoff schedule, provide game schedules via Contractor's
BEACH CITY LIFE, INC. DBA BEACH CITY SPORTS Page A-2
website that shall be made readily available to all registered teams. Contractor shall also
provide each participant with a t -shirt when materials fee is applied to the registration fee.
2.7 Contractor shall submit the game schedule for all league play to Recreation
Supervisor or designated staff, at least one (1) week prior to the start of each season.
Contractor is responsible for submitting any schedule revisions within twenty-four (24)
hours of changes.
2.8 Contractor shall assign all officials, statisticians and scorekeepers ("Staff')
to all games. Staff shall be required to be adequately trained and knowledgeable
regarding the rules and play of each sport they are assigned to officiate.
2.9 Contractor shall ensure that Staff arrive at designated playing area at least
ten (10) minutes prior to the scheduled game start time.
2.10 Contractor shall be responsible for all field preparation and cleanup related
to game play. Field layouts must be approved in advance by Recreation Supervisor or
designated staff.
2.11 Contractor shall be responsible for communicating all game related
cancellations to Staff and program participants including but not limited to forfeits,
maintenance and weather related field closures and inadequate staffing.
2.12 Contractor shall notify Recreation Supervisor or designated staff, of any
problems regarding the assignment of game schedules, and notify Officials no later than
twenty-four (24) hours prior to any scheduled game.
2.13 Contractor shall notify Recreation Supervisor or designated staff, of any on-
site incidents, including but not limited to game -related injuries, disputes, and ejections,
in writing within twenty-four (24) hours of occurrence.
BEACH CITY LIFE, INC. DBA BEACH CITY SPORTS Page A-3
EXHIBIT B
REPRESENTATIVE APPROVAL FORM
PLEASE PRINT LEGIBLY
CONTRACTOR NAME:
REPRESENTATIVE: NAME:
ADDRESS:
CITY, STATE ZIP:
DATE OF BIRTH: PHONE#
EMAIL:
SIGNATURE OF REPRESENTATIVE: DATE
--------------------------------------------------
CITY USE ONLY
CONTRACT #:
FINGERPRINTS: O YES NO
BACKGROUND: O YES O NO
CLEARED
CLEARED TO O YES O NO
WORK
PHOTO TAKEN: O YES O NO
CONTRACTOR O YES O NO
NOTIFIED BY EMAIL
Beach City Life, Inc. dba Beach City Sports Page B-1
EXHIBIT C
INSURANCE REQUIREMENTS
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, 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. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Program VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City Risk Manager.
3. Coverage Requirements.
3.1 Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
3.1.1 Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of City, its officers,
agents, employees and volunteers, representatives, the City Council,
boards and commissions, and any person or entity owning or
otherwise in legal control of the property upon which Contractor
performs the Class or Program.
3.1.2 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.
3.2 General Liability Insurance. Contractor shall maintain commercial general
liability insurance, with coverage at least as broad as provided by Insurance
Services Office form CG 00 01, in an amount not less than one million
dollars ($1,000,000) per occurrence. The policy shall cover liability arising
from premises, operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract) with no endorsement or modification
limiting the scope of coverage for liability assumed under a contract.
Beach City Life, Inc. dba Beach City Sports Page C-1
3.2.1 Contractor shall have the option of purchasing liability 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 Contractor
elects to obtain its own coverage, said coverage must be as outlined
in this Exhibit.
3.2.2 Please initial the statement that applies:
OPContractor shall provide a copy of the General
Liability Insurance with Additional Insured
Endorsement that meets the requirements contained
herein.
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.
3.3 Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
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 each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
4.1 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, employees, agents, volunteers,
representatives, the City Council, boards and commissions, and any person
or entity owning or otherwise in legal control of the property upon which
Contractor performs the Class or Program 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 from each of its subcontractors.
4.2 Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, but not including
professional liability, shall provide or be endorsed to provide that City and
its elected and appointed officers, employees, agents, volunteers,
Beach City Life, Inc. dba Beach City Sports Page C-2
representatives, the City Council, boards and commissions, and any person
or entity owning or otherwise in legal control of the property upon which
Contractor performs the Class or Program shall be included as insureds
under such policies.
4.3 Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days'
notice of cancellation (except for nonpayment for which ten (10) days' notice
is required) or nonrenewal of coverage for each required coverage.
4.5 Subcontractors. Contractor shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and
Contractor shall ensure that City is an additional insured on insurance
required from subcontractors. For CGL coverage subcontractors shall
provide coverage with a format at least as broad as CG 20 38 04 13.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
5.1 Evidence 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 and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by the City Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this contract. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
5.2 City's Right to Revise Requirements. The City reserves the right at any time
during the term of the contract to change the amounts and types of
insurance required by giving Contractor sixty (60) days advance written
notice of such change. If such change results in substantial additional cost
to Contractor, City and Contractor may renegotiate Contractor's
compensation.
5.3 Enforcement of Contract Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of City to inform Contractor of
non-compliance with any requirement imposes no additional obligations on
City nor does it waive any rights hereunder.
5.4 Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
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
Beach City Life, Inc. dba Beach City Sports Page C-3
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the contractor maintains higher
limits than the minimums shown above, City requires and shall be entitled
to coverage for higher limits maintained by Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance
and coverage shall be available to City.
5.5 Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
5.6 City Remedies for Non Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
5.7 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, and that involve or may involve
coverage under any of the required liability policies.
5.8 Contractor's 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.
Beach City Life, Inc. dba Beach City Sports Page C-4