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HomeMy WebLinkAboutC-8165-2 - Independent Contractor Agreement Recreation InstructorN Lo AMENDMENT NO. ONE TO INDEPENDENT CONTRACTOR AGREEMENT V RECREATION INSTRUCTOR THIS AMENDMENT NO. ONE TO INDEPENDENT CONTRACTOR AGREEMENT ("Amendment No. One") is made and entered into as of this 1st day of November 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ORANGE COUNTY FOOTBALL ACADEMY, INC., doing business as ("DBA") Matt Leinart Flag Football, a California corporation ("Contractor"), whose address is 18 Rosenblum, Irvine, California 92602, and is made with reference to the following: RECITALS A. On July 1, 2017, City and Contractor entered into an Independent Contractor Agreement ("Agreement') to provide the classes or program Youth Flag Football ("Class" or "Program"). B. The parties desire to enter into this Amendment No. One to extend the term of the Agreement, to revise the Compensation section, to revise the Duties of City section, to revise the Sign -Out Sheets section, to update the Scope of Services, and to remove Exhibit C from the Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on October 31, 2020, unless terminated earlier as provided herein." COMPENSATION Section 2 of the Agreement shall be amended in its entirety and replaced with the following: "2.1 In accordance with the Scope of Service attached as Exhibit A incorporated herein by reference, Contractor shall collect the resident and non-resident registration fees, when applicable for the program that operates two (2) seasons and two (2) activities 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. 2.1.1 Contractor shall pay the City in the amount equal to Thirty -Five percent (35%) of the amount of the total enrollment fees collected, including the non-resident fee, when applicable. Contractor may charge an additional materials fee. Materials fee must be approved in advance by City and will be deposited with the City at the time of registration. Once fees are determined by the Contractor and approved by the City, non-residents are charged an additional Ten Dollars and 00/100 ($10.00) fee for Programs costing Seventy - Five Dollars and 001100 ($75.00) and above. The City of Newport Beach does not prorate classes or Programs. 2.1.2 Contractor shall pay the City the amount of total enrollment fees collected at the end of the fourth (4) week following the start of the season or activity." 3. DUTIES OF CITY Section 3 of the Agreement is amended in its entirety and replaced with the following: "3.1 Registration. Contractor shall provide an online player registration system and related software to all participants for City to collect all enrollment fees "Software Registration System'). Publici . City shall provide publicity for the Class 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 Class 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 Class Facility. City shall provide a location for the Program without charging Contractor any rental fees, unless otherwise agreed by the parties. Contractor will request dates and times for the Program 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 the Program authorized by the City under this Agreement. The Program locations shall be as stated in Section 1.1.7 and 1.1.8 of the Scope of Services which are attached hereto as Exhibit "A" and incorporated herein by reference. 3.3 Refund Processing. Refunds are at the discretion of the Contractor. 3.4 Class Roster, Sign -Out and Attendance Sheets. Contractor shall provide Class rosters, Contractor's Software Registration System and related software. Contractor is responsible for providing log -in and password information to City for City's use of Contractor's Software Registration System. 3.5 City shall also be responsible for those duties in Section 3 of Exhibit A." 4. SIGN -OUT SHEETS Section 4.12 of the Agreement shall be amended in its entirety and replaced with the following: "4.12 Sign -Out Sheets. All Contractors with participants ages ten (10) years and younger shall have a parent or legal guardian sign out each said Class participant after each Class. Sign -out sheets along with attendance sheets are available to Contractor upon written OC Football Academy, Inc. DBA Matt Leinart Flag Football Page 2 request of Contractor to City. All Contractors with participants age seventeen (17) years and younger shall retain written permission from a parent or legal guardian to allow said participants to transport themselves home from the Class site." 5. CITY'S RIGHT TO ACCESS RECORDS Section 4.16 of the Agreement shall be added as follows: "4.16 In addition to providing City with log -in and password information to Contractor's Software Registration System, as specified in Section 3.4, Contractor shall also allow City access to all records Contractor retains related to this Agreement that are located on the Software Registration System or other platform or database." 6. SERVICES TO BE PEFORMED Exhibit A to the Agreement shall be amended in its entirety and replaced with the following, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). The City may elect to delete certain Services within the Scope of Services at its sole discretion. 7. EXHIBIT C Exhibit C to the Agreement ("Youth Sports Commission Member Requirements & Field Allocation & Use Procedure") shall be removed in its entirety from the Agreement. 8. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] OC Football Academy, Inc. DBA Matt Leinart Flag Football Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTOR EY'S OFFICE Date: 0 11 tot$ By:� G� Fal: Aaron C. Harp 10-u-16City Attorney avj� ATTEST: Date: o . 20 IS CITY OF NEWPORT BEACH, a California municipal corporation Date: 1 Z 2 0 .i 3 L ura Detw it r R creation & Senior Services Director CONSULTANT: OC Football Academy, Inc., a California corporation doing business as ("DBA") Matt Leinart Flag Football Date: I j.Zi'�j By: Pca By: Leilani I. Brown Ryan B oni City Clerk Chief Executive Officer kb \t) By: W William Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services OC Football Academy, Inc. DBA Matt LeinartFlag Football Page 4 EXHIBIT A SCOPE OF SERVICES 1. PROGRAM STRUCTURE Contractor shall be expected to adhere to the following City of Newport Beach Recreation and Senior Services Department's Youth Flag Football Program programming parameters: 1.1 Youth Flag Football League 1.1.1 Shall operate two (2) seasons per year: • Spring (February -June) • Fall (September -December) • Specific season commencement dates will be provided on an annual basis to the City no later than six (6) months prior to the scheduled start of each season. 1.1.2 Season will consist of a minimum of eight (8) games -including playoff games. 1.1.3 Games are played Friday afternoons and evenings. 1.1.4 Game times will be determined at the discretion of the contractor depending on registration and number of teams. 1.1.5 Games may start no earlier than 4:OOpm. 1.1.6 Games may end no later than 9:30pm. 1.1.7 Games may be played at Lincoln Athletic Center, Grant Howald Park and Bonita Creek Parks (synthetic turf field only). No more than four (4) games may be played at one time. Additional locations and number of fields may be added as necessary with the approval of the Recreation Supervisor. 1.1.8 Location of practice sites based on availability: • Andersen Elementary School • Bonita Creek Park • Grant Howald Park • Eastbluff Elementary School • Lincoln Athletic Center • Harbor Day School • Harbor View School • Mariners Elementary School • Newport Coast Elementary School • Newport Heights Elementary School 1.1.9 City of Newport Beach schools will be used as sites for league OC Football Academy dba Matt Leinart Flag Football Page A-1 enrollment locations. 1.1.10 Contractor operates with the understanding that no league games, practices, or events will be permitted on the same day as the City's Youth Track & Field Meet. This date is based on the NMUSD calendar and a minimum of six (6) months advance notification will be provided by the City to the Contractor. 1.1.11 Contractor will be required to have a minimum play rule of at least one-half (1/2) of every league game. 1.2 Youth Flag Football Activities 1.2.1 Activity Formats may include workshops, camps, clinics or other flag football related activities developed as an extension of the flag football league. 1.2.2 Activities may operate two (2) seasons per year: • Summer (July -August) • Winter (December -January) • Specific commencement dates shall be provided on an annual basis to the City no later than six (6) months prior to the scheduled start of each season. 1.2.3 Activities may take place: • Monday -Friday between 8:30am-9:30pm • Saturday -Sunday between 8:30am-Dusk 1.2.4 Activities will take place at Bonita Creek Park on the synthetic turf fields. 1.2.5 Activity length and schedule are subject to approval by City staff. 2. CONTRACTOR RESPONSIBILITIES/PROVISIONS Contractor shall be expected to promote, organize and operate the City of Newport Beach Recreation & Senior Services Department's Youth Flag Football Program(s), including the following: 2.1 Youth Flag Football Program Administration 2.1.1 Contractor, designated representatives and Staff shall cooperate fully with the City's staff, including meeting with the Recreation Sports Supervisor or his or her designee when requested, and maintaining an open and regular dialogue with the City and the Recreation Sports Supervisor or his or her designee regarding Program matters. 2.1.2 Contractor, or designated representative, shall ensure the completion and submittal of City designated reports and any additional information immediately following participant issues, disciplinary actions, injuries during play or other on -field incidents. OC Football Academy dba Matt Leinart Flag Football Page A-2 2.1.3 Contractor shall provide service to all participants and guardians including telephone customer service to handle questions, issues and disputes involving all aspects of the Youth Flag Football Program. 2.1.4 Contractor shall promote the Program and provide additional marketing materials and distributions efforts for the Recreation & Senior Services Department Youth Flag Football Program including but not limited to flyers, banners, email marketing and distribution management systems. 2.1.5 Contractor shall assign participants to teams in a fair and equitable manner and advertise method of team distribution prior to participant registration in league play. 2.1.6 Contractor shall schedule all teams, provide game schedules and update scores that shall be made readily available online to all registered participants in league play 2.1.7 Contractor shall provide online player registration software and access to enrollment, team rosters, and schedules to City. 2.1.8 Contractor shall collect all individual registration information and all enrollment fees and input information into Contractor's software registration system. 2.1.9 Contractor, at minimum, shall provide a uniform with City logo, team name and player number to all registered participants in league play. 2.1.10 Contractor shall provide, store and maintain quality and functional equipment for all Youth Flag Football related game play; including, but not limited to, footballs, cones, field markers, down markers, scoreboards, pylons, scorecards, and first aid supplies. 2.1.11 Contractor shall provide, at minimum, separate individual awards including City logo to all players on the winning championship team for league play. 2.2 Youth Flag Football Program Staffing Requirements 2.2.1 Contractor shall be responsible for the hiring, scheduling, training and removal of officials, trainers, coaches, volunteers, scorekeepers or representatives for the Program ("Staff). 2.2.2 Contractor shall be responsible, at their expense, for ensuring that all Staff has gone through the City background check process including fingerprints through the Department of Justice. 2.2.3 Contractor, designated representatives and Staff shall cooperate fully with City staff, including meeting with the Recreation Sports Supervisor or his or her designee and maintaining an open and regular dialogue with the City and the OC Football Academy dba Matt Leinart Flag Football Page A-3 Recreation Sports Supervisor or his or her designee regarding Staff matters. 2.2.4 Contractor, or designated representative, shall provide the City with an annual evaluation report of all assigned Staff, including the evaluation process, training procedures and certification requirements. 2.2.5 Contractor, or designated representative, shall provide the Recreation Sports Supervisor or his or her designee the Contractor's assignment of Staff prior to the start of each season. 2.2.6 Contractor, or designated representative, shall act as Site Supervisor and carry out the following responsibilities: 2.2.6.1 Monitor use and administer rules to all Program participants and spectators according to the Recreation & Senior Service's Youth Sports Commission: Member Requirements & Field Allocation & Use Procedure ("Use Procedure") as adopted by the Parks, Beaches & Recreation Commission on April 1, 2003 and most recently amended August 4, 2015 and attached hereto as Exhibit C and incorporated herein by reference. City may amend the Use Procedure from time to time and such amended Use Procedure shall apply hereto without need to amend the Agreement. 2.2.6.2 Ensure that all Staff are in uniform and in possession of City ID badge during all practices and games. 2.2.6.3 Ensure that Staff are meeting Program standards as set by the Contractor. 2.2.6.4 Setup and removal of all Program related equipment and trash from the play area. 3. CITY RESPONSIBILITIES/PROVISIONS 3.1 Youth Flag Football Program Administration 3.1.1 The City will be responsible for reserving field space at individual school sites, based on availability and league registration, through Newport -Mesa Unified School District as needed. 3.1.2 Fields provided by the City may not be utilized for games, practices, programs or events outside of the City Program. 3.1.3 City shall provide the preparation and maintenance of all game day fields and schedule field lights. 3.1.4 City shall provide additional marketing support including the Newport Navigator, City website and other marketing avenues. 3.1.5 City shall provide accessibility to Automated External Defibrillator (AED) unit at facilities adjacent to game sites. OC Football Academy dba Matt Leinart Flag Football Page A-4 3.1.6 City shall provide bi-annual AED training opportunities, based on availability, for all coaches and scorekeepers if not currently certified. OC Football Academy dba Matt Leinart Flag Football Page A-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 2/13/18 Dept./Contact Received From: Teri Date Completed: 2/23/18 Sent to: Teri By: Jan Company/Person required to have certificate: Orange County Football Academy Type of contract: I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 2/1/18— A. INSURANCE COMPANY: New York Marine & General Insurance B. AM BEST RATING (A-: VII or greater): A- / IX C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1M/$2M/$5M E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must B. include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ❑ Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ADMITTED COMPANY (Must be California Admitted): COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ❑ Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it ❑ No included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured $1,000,000 is not limited solely by their negligence) Does endorsement E. include "solely by negligence" wording? ❑ Yes ®No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No I1. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 2/1/18-2/1/19 A. INSURANCE COMPANY: New York Marine & General Insurance B. AM BEST RATING (A-: VII or greater) A- / IX C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. ADDITIONAL INSURED WORDING: ❑ N/A ❑ Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING: ❑ N/A ❑ Yes ❑ No H. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ® Yes ❑ No I. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: Waiver on file per Teri Clark A. B. C. D. E. F. G. H. INSURANCE COMPANY: AM BEST RATING (A-: VII or greater): ADMITTED Company (Must be California Admitted): WORKERS' COMPENSATION LIMIT: Statutory EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) WAIVER OF SUBROGATION (To include): Is it included? SIGNED WORKERS' COMPENSATION EXEMPTION FORM: NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Broker of record for the City of Newport Beach 2/23/18 Date ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ON N - E R RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _; Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. Date INDEPENDENT CONTRACTOR AGREEMENT RECREATION INSTRUCTOR This Independent Contractor Agreement ("Agreement") is made and entered into as of this 1st day of July, 2017 ("Effective Date") by and between the City of Newport Beach, a California municipal corporation and charter city ("City"), and OC Football Academy, Inc., doing business as ("DBA") Matt Leinart Flag Football, a California corporation ("Contractor"), to provide the classes or programs Youth Flag Football ("Class" or "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 June 30, 2019, unless terminated earlier as provided herein. 2. COMPENSATION 2.1 City shall pay Contractor within twenty-one (21) City business days after the last Class meeting. 2.2 City shall pay Contractor an amount equal to: 2.2.1 City shall pay the Contractor an amount equal to Sixty -Five percent (65%) of the amount of the total enrollment fees collected, minus the non- resident fee, when applicable, and materials fee, if applicable. Once fees are determined by the Contractor and approved by the City, non-residents are charged an additional Five Dollar and 00/100 ($5.00) fee for Programs costing Seventy -Four Dollars and 00/100 ($74.00) and under, and Ten Dollars and 00/100 ($10.00) for Programs costing Seventy -Five Dollars and 00/100 ($75.00) and over. The City of Newport Beach does not prorate classes or Programs. 2.2.2 Contractor may charge an additional materials fee. Materials fee must be approved in advance by City and will be deposited with the City at the time of registration. City shall pay Contractor One Hundred percent (100%) of the materials fee collected. 2.2.3 City shall process payment for amount of total enrollment fees collected on the Monday five (5) weeks prior to the end of registration and the Monday following the completion of the second week of the regular season. 2.3 City shall pay Contractor electronically. Contractor shall be responsible for ensuring an up to date "Direct Deposit Authorization Form" is on file with City. 3. DUTIES OF CITY 3.1 Registration. Contractor shall provide an online player registration system and related software to all participants for City to 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. 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 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 marketing materials must be approved in writing by City before distribution. 3.3 Class Facility. City shall provide a location for the Program without charging Contractor any rental fees, unless otherwise agreed by the parties. Contractor will request dates and times for the Program 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 the Program authorized by the City under this Agreement. The Program locations shall be as stated in Section 1.1.7 and 1.1.8 of the Scope of Services which are attached hereto as Exhibit A and incorporated herein by reference. 3.4 Refund Processing. Refunds are at the discretion of the City. City shall provide refunds to participants when: 3.4.1 The participant drops the Class before the second Class meeting; The City charges Ten Dollars and 00/100 ($10.00) for Programs priced Seventy -Four Dollars and 001100 ($74.00) and under, or Twenty Dollars and 00/100 ($20.00) for Programs priced Seventy -Five Dollars and 001100 ($75.00) and above refund fee for any refund request made prior to second regular season game, unless otherwise noted. 3.4.2 The Class is canceled by City or Contractor. If canceled by Contractor, all required paperwork must be received by City at least seventy-two (72) hours before start date of Class. 3.5 Class Roster, Sign -Out and Attendance Sheets. City shall provide Class rosters, sign -out sheets and attendance sheets to Contractor online via Contractor's registration system and related software. Contractor is responsible for requesting log -in and password information from City for use of the registration system. 3.6 City shall also be responsible for those duties in Section 3 of Exhibit A. 4. CONTRACTOR DUTIES 4.1 Contractors. Contractor hereby certifies that it, or any subcontractor, representative or employee (collectively "Representative" or "Representatives") who will be teaching the Class or assisting in teaching the Class are qualified to do so, and OC Football Academy, Inc., DBA Matt Leinart Flag Football Page 2 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 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 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. 4.2.2 Please initial the statement that applies: I will not be using Representatives. I will be using Representatives. Any completed and approved Forms shall be incorporated herein by reference. I 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. 4.3 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. 4.4 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. 4.5 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 OC Football Academy, Inc., DBA Matt Leinart Flag Football Page 3 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. 4.6 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 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 at least three (3) City business days prior to the first Class 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 15 of this 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. 4.7 Use of Non -City Facilities for Classes. If Contractor desires to conduct the Class at any location other than the location identified in Section 1.1.7 and 1.1.8 of Exhibit A, such location shall be first approved in writing by the City, which approval may be granted or conditioned by City in its sole and absolute discretion. Upon said written consent by City, Contractor must: Class; and 4.7.1 Notify City at least twenty-four (24) hours in advance; 4.7.2 Provide sufficient parking for all participants; 4.7.3 Post signs at the site to direct participants to the location of 4.7.4 Allow access to City staff to the location when requested. 4.8 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. 4.8.1 City urges Contractor to get a substitute Representative whenever possible instead of canceling Classes. 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 or Classes and must have an authorized Representative Approval 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. OC Football Academy, Inc., DBA Matt Leinart Flag Football Page 4 4.10 Contractor Informational Meeting. Contractor or Contractor's authorized Representative or employee shall attend an annual "Contractor Informational Meeting." 4.11 Camp 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." 4.12 Sign -Out Sheets. All Contractors with participants ages ten (10) years and younger shall have a parent or legal guardian sign out each said Class participant after each Class. All Contractors with participants age seventeen (17) years and younger shall retain written permission from a parent or legal guardian to allow said participants to transport themselves home from the Class site. 4.13 Other Requirements. Contractors shall: 4.13.1 Cooperate fully with all reasonable requests from City staff; 4.13.2 Maintain the highest degree of participant safety possible; 4.13.3 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 Class participation, damages to the classroom or Program facility that could cause potential injury to a Class participant, an assessment of any rule or game related disputes, protests or field related issues, and/or other needed maintenance repairs; 4.13.4 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; 4.13.5 Ensure that any music or sound system is kept at levels that will not interfere with other classes or create a public disturbance/nuisance; 4.13.6 Close and secure the room or building at the end of each Class; 4.13.7 Turn off any lights, heat, air conditioning, or other utilities the end of each Class; 4.13.8 Complete and return via email, by the date set forth by City's Project Administrator, the quarterly "Contract Class Schedule" if Contractor wishes to be a part of City's marketing materials; 4.13.9 Know facility rules and regulations and provide pertinent information (e.g., refund policy) to participants; 4.13.10 Pay a twenty dollar ($20.00) lost key/replacement fee when Contractor requests replacement key; and 4.13.11 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 OC Football Academy, Inc., DBA Matt Leinart Flag Football Page 5 current Contractor Handbook which is incorporated herein by reference. Contractor's signature on this Agreement signifies acknowledgement of receipt of the Contractor Handbook. 4.14 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 Photo ID Badge. Contractor Photo ID Badges are distributed upon execution or renewal of the Agreement with City. 4.15 Contractor shall also be responsible for those duties outlined in Section 2 of Exhibit A. 5. PROJECT ADMINISTRATOR This Agreement will be administered by the Recreation & Senior Services Department. City's Recreation & Senior Services Director, 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 & Senior Services Director 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.: Ryan Bertoni Matt Leinart Flag Football 1 League #61641 Irvine, CA 92602 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 OC Football Academy, Inc., DBA Matt Leinart Flag Football Page 6 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 D. 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 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 Classes, 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 D, and incorporated herein by reference. 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 Class. 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 Department and the Department of Justice. Fingerprints may be required to be updated every five (5) years. 9.2 In addition, all Classes involving participants age seventeen (17) years or younger ("minors") 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. 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 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 Newport Beach Police Department Dispatch number for assistance at (949) 644-3717. OC Football Academy, Inc., DBA Matt Leinart Flag Football Page 7 11. 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. 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 Class site or participants, in any publicity pertaining to Contractor's services or 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. 13. 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 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 or willful 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 OC Football Academy, Inc., DBA Matt Leinart Flag Football Page 8 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 Classes or 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 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, the terms of this Agreement shall govern. OC Football Academy, Inc., DBA Matt Leinart Flag Football Page 9 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. 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 or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES ON NEXT PAGE] OC Football Academy, Inc., DBA Matt Leinart Flag Football 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: AA. 2S -7_1-1 In A'ar6n C. Harp City Attorney ATTEST: I'll .�7 Date: &L - By:_.1 Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: --�" Co - t + By: L a Detwe R eation & for Services Director CONTRACTOR: Orange County Football Academy, Inc., a California corporation doing business as Matt Leinert Flag Football Date: By: Ryan 4rtoni Chief Executive Officer Date: 6 Zb I By: f a L4 William Cral5tr6b Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Representative Approval Form Exhibit C — Youth Sports Commission Member Requirements & Field Allocation & Use Procedure Exhibit D — Insurance Requirements OC Football Academy, Inc., DBA Matt Leinart Flag Football Page 11 EXHIBIT A SCOPE OF SERVICES 1. PROGRAM STRUCTURE Contractor shall be expected to adhere to the following City of Newport Beach Recreation and Senior Services Department's Youth Flag Football Program programming parameters: 1.1 Youth Flag Football League 1.1.1 Shall operate two (2) seasons per year: • Spring (February -June) • Fall (September -December) • Specific season commencement dates will be provided on an annual basis to the City no later than six (6) months prior to the scheduled start of each season. 1.1.2 Season will consist of a minimum of eight (8) games -including playoff games. 1.1.3 Games are played Friday afternoons and evenings. 1.1.4 Game times will be determined at the discretion of the contractor depending on registration and number of teams. 1.1.5 Games may start no earlier than 4:OOpm. 1.1.6 Games may end no later than 9:30pm. 1.1.7 Games may be played at Lincoln Athletic Center, Grant Howald Park and Bonita Creek Parks (synthetic turf field only). • No more than three (3) games may be played at one time. • Additional locations and number of fields may be added as necessary with the approval of the Recreation Supervisor. 1.1.8 Location of practice sites based on availability: • Andersen Elementary School • Bonita Creek Park • Grant Howald Park • Eastbluff Elementary School • Lincoln Athletic Center • Harbor Day School • Harbor View School • Mariners Elementary School • Newport Coast Elementary School • Newport Heights Elementary School 1.1.9 City of Newport Beach schools will be used as sites for league enrollment locations. OC Football Academy, Inc., DBA Matt Leinart Flag Football Page A-1 1.1.10 Contractor operates with the understanding that no league games, practices, or events will be permitted on the same day as the City's Youth Track & Field Meet. This date is based on the NMUSD calendar and a minimum of six (6) months advance notification will be provided by the City to the Contractor. 1.1.11 Contractor will be required to have a minimum play rule of at least one-half (1/2) of every league game. 1.2 Youth Flag Football Activities 1.2.1 Activity Formats may include workshops, camps, clinics or other flag football related activities developed as an extension of the flag football league. 1.2.2 Activities may operate two (2) seasons per year: • Summer (July -August) • Winter (December -January) • Specific commencement dates shall be provided on an annual basis to the City no later than six (6) months prior to the scheduled start of each season. 1.2.3 Activities may take place: • Monday -Friday between 8:30am-9:30pm • Saturday -Sunday between 8:30am-Dusk 1.2.4 Activities will take place at Bonita Creek Part on the synthetic turf fields. 1.2.5 Activity length and schedule are subject to approval by City staff. 2. CONTRACTOR RESPONSIBILITIES/PROVISIONS Contractor shall be expected to promote, organize and operate the City of Newport Beach Recreation & Senior Services Department's Youth Flag Football Program(s), including the following: 2.1 Youth Flag Football Program Administration 2.1.1 Contractor, designated representatives and Staff shall cooperate fully with the City's staff, including meeting with the Recreation Sports Supervisor or his or her designee when requested, and maintaining an open and regular dialogue with the City and the Recreation Sports Supervisor or his or her designee regarding Program matters. 2.1.2 Contractor, or designated representative, shall ensure the completion and submittal of City designated reports and any additional information immediately following participant issues, disciplinary actions, injuries during play or other on -field incidents. OC Football Academy, Inc., DBA Matt Leinart Flag Football Page A-2 2.1.3 Contractor shall provide service to all participants and guardians including telephone customer service to handle questions, issues and disputes involving all aspects of the Youth Flag Football Program. 2.1.4 Contractor shall promote the Program and provide additional marketing materials and distributions efforts for the Recreation & Senior Services Department Youth Flag Football Program including but not limited to flyers, banners, email marketing and distribution management systems. 2.1.5 Contractor shall assign participants to teams in a fair and equitable manner and advertise method of team distribution prior to participant registration in league play. 2.1.6 Contractor shall schedule all teams, provide game schedules and update scores that shall be made readily available online to all registered participants in league play 2.1.7 Contractor shall provide online player registration software and access to enrollment, team rosters, and schedules to City. 2.1.8 Contractor, at minimum, shall provide a uniform with City logo, team name and player number to all registered participants in league play. 2.1.9 Contractor shall provide, store and maintain quality and functional equipment for all Youth Flag Football related game play; including, but not limited to, footballs, cones, field markers, down markers, scoreboards, pylons, scorecards, and first aid supplies. 2.1.10 Contractor shall provide, at minimum, separate individual awards including City logo to all players on the winning championship team for league play. 2.2 Youth Flag Football Program Staffing Requirements 2.2.1 Contractor shall be responsible for the hiring, scheduling, training and removal of officials, trainers, coaches, volunteers, scorekeepers or representatives for the Program ("Staff'). 2.2.2 Contractor shall be responsible, at their expense, for ensuring that all Staff has gone through the City background check process including fingerprints through the Department of Justice. 2.2.3 Contractor, designated representatives and Staff shall cooperate fully with City staff, including meeting with the Recreation Sports Supervisor or his or her designee and maintaining an open and regular dialogue with the City and the Recreation Sports Supervisor or his or her designee regarding Staff matters. OC Football Academy, Inc., DBA Matt Leinart Flag Football Page A-3 2.2.4 Contractor, or designated representative, shall provide the City with an annual evaluation report of all assigned Staff, including the evaluation process, training procedures and certification requirements. 2.2.5 Contractor, or designated representative, shall provide the Recreation Sports Supervisor or his or her designee the Contractor's assignment of Staff prior to the start of each season. 2.2.6 Contractor, or designated representative, shall act as Site Supervisor and carry out the following responsibilities: 2.2.6.1 Monitor use and administer rules to all Program participants and spectators according to the Recreation & Senior Service's Youth Sports Commission: Member Requirements & Field Allocation & Use Procedure ("Use Procedure") as adopted by the Parks, Beaches & Recreation Commission on April 1, 2003 and most recently amended August 4, 2015 and attached hereto as Exhibit C and incorporated herein by reference. City may amend the Use Procedure from time to time and such amended Use Procedure shall apply hereto without need to amend the Agreement. 2.2.6.2 Ensure that all Staff are in uniform and in possession of City ID badge during all practices and games. 2.2.6.3 Ensure that Staff are meeting Program standards as set by the Contractor. 2.2.6.4 Setup and removal of all Program related equipment and trash from the play area. 3. CITY RESPONSIBILITIES/PROVISIONS 3.1 Youth Flag Football Program Administration 3.1.1 The City will be responsible for reserving field space at individual school sites, based on availability and league registration, through Newport -Mesa Unified School District as needed. 3.1.2 Fields provided by the City may not be utilized for games, practices, programs or events outside of the City Program. 3.1.3 City shall provide the preparation and maintenance of all game day fields and schedule field lights. 3.1.4 City shall collect via Contractor's registration system and related software all enrollment fees. Contractor shall not accept enrollment fees directly from a participant unless the City approves, in advance and in writing, the acceptance of enrollment fees by the Contractor. OC Football Academy, Inc., DBA Matt Leinart Flag Football Page A-4 3.1.5 City shall provide additional marketing support including the Newport Navigator, City website and other marketing avenues. 3.1.6 City shall provide accessibility to Automated External Defibrillator (AED) unit at facilities adjacent to game sites. 3.1.7 City shall provide bi-annual AED training opportunities, based on availability, for all coaches and scorekeepers if not currently certified. OC Football Academy, Inc., DBA Matt Leinart Flag Football Page A-5 EXHIBIT B REPRESENTATIVE APPROVAL FORM PLEASE PRINT LEGIBLY CONTRACTOR NAME: REPRESENTATIVE: NAME: ADDRESS: CITY. STATE ZIP: DATE OF BIRTH: EMAIL: E# SIGNATURE OF REPRESENTATIVE: DATE ----------- -- -- -- -- -- CITY USE ONLY CONTRACT #: FINGERPRINTS: YES O NO BACKGROUND: O YES NO CLEARED CLEARED TO YES O NO WORK PHOTO TAKEN: O YES NO CONTRACTOR = YES NO NOTIFIED BY EMAIL OC Football Academy, Inc., DBA Matt Leinart Flag Football B-1 *11:111:1111111561 YOUTH SPORTS COMMISSION MEMBER REQUIREMENTS & FIELD ALLOCATION AND USE PROCEDURE OC Football Academy, Inc., DBA Matt Leinart Flag Football C-1 EXHIBIT D INSURANCE REQUIREMENTS — INDEPENDENT CONTRACTOR FOR RECREATION AND SENIOR SERVICES A. 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. B. 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 Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. C. Coverage Requirements 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. a) Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of 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. b) In the event Contractor has no employees requiring the Contractor to provide Workers' Compensation insurance, Contractor shall so certify to City in writing prior to City's execution of this Agreement. 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, preferred with a Two Million Dollar ($2,000,000) in the aggregate. 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 OC Football Academy, Inc., DBA Matt Leinart Flag Football D-1 modification limiting the scope of coverage for liability assumed under a contract. a) 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. b) Please initial the statement that applies: Z S Contractor 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. 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 the 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. D. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against 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 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. OC Football Academy, Inc., DBA Matt Leinart Flag Football D-2 2. Additional Insured Status. All liability policies including general liability, excess 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, 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. 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. 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. 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. E. Additional Agreements Between the Parties. The parties hereby agree to the following: 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 City's 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. 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 the Contractor sixty (60) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. 3. 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. OC Football Academy, Inc., DBA Matt Leinart Flag Football D-3 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 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, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 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. 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. 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. 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. OC Football Academy, Inc., DBA Matt Leinart Flag Football D-4 YOUTH SPORTS COMMISSION Member Requirements 0 Field Allocation & Use Policy City of Newport Beach Recreation & Senior Services Department Parks, Beaches & Recreation Commission Amended August 4, 2015 Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 2 TABLE OF CONTENTS Philosophy....................................................................................................................................3 Purpose.......................................................................................................................................3 City of Newport Beach: Code of Conduct.....................................................................................3 Definitions....................................................................................................................................4 General YSC Member Requirements (Open and Club)................................................................5 YSCOpen -Member Criteria.........................................................................................................6 YSCClub -Member Criteria...........................................................................................................7 FieldAllocation Requests.............................................................................................................7 Field Allocation Procedure and Priority Formula...........................................................................8 Notice of Non Use of Fields........................................................................................................10 Notice of Exchange of Fields......................................................................................................11 FieldUse Fees...........................................................................................................................11 FieldMaintenance Fees.............................................................................................................11 Field Maintenance and Modifications..........................................................................................12 Athletic Field Lining/Marking.......................................................................................................13 Rules and Regulations of Field Use............................................................................................13 Synthetic Turf Rules and Regulations...........................................................................14 Trafficand Parking...................................................................................................................15 PublicAddress System Use.......................................................................................................16 Storage and/or Concessions......................................................................................................16 Banners......................................................................................................................................16 Other.........................................................................................................................................17 CityCouncil Policy...................................................................................................................17 Violations....................................................................................................................................17 Overview of Important Dates......................................................................................................18 Appendix.....................................................................................................................................20 a. Sample of Non -Profit Documentation....................................................................21 b. Sample of Liability Insurance and Additionally Insured Form................................26 c. Sample of Field Allocation Request Form.............................................................28 Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 3 1. PHILOSOPHY The Youth Sports Commission (YSC) is open to all organizations providing athletic opportunities to the youth of Newport Beach. All organizations pledge to participate in the YSC in a spirit of partnership and cooperation; cooperating and communicating with each other and City staff in a timely and respectful manner; practicing good sportsmanship; and agreeing to follow all City Council and YSC policies. 2. PURPOSE It is the intent of the City of Newport Beach Recreation & Senior Services Department to allocate field use to qualified athletic teams and organizations on the basis of fairness and impartiality. This document sets forth the policy for the City to prioritize and allocate all available fields under its ownership and/or control, in concurrence with the seasonal priorities (Section 4) and residential percentage priorities (Section 8). It is necessary to formulate this policy for the following reasons: • User groups need a procedure to secure fields for the planning of games, practices, and/or events. • The demand for field usage exceeds the City's ability to permit unlimited and/or unscheduled use by all participants. • Maintenance and renovation must be scheduled and implemented to maintain the community's high standards of aesthetics and sustain the playability of the City's facilities. • Allocating field space to qualified organizations assists the City in the fulfillment of the Charter to plan, coordinate and direct community recreational activities. 3. CITY OF NEWPORT BEACH: CODE OF CONDUCT In addition to each organization's individual code of conduct, all players, coaches, volunteers, and parents are expected to exhibit appropriate behavior at all times while participating, being a spectator, or attending YSC Member activities co-sponsored by the City of Newport Beach Recreation & Senior Services Department. The following guidelines are designed to provide safe and enjoyable activities for all participants: • Be respectful to all field users and City staff. • Take direction from City staff, including Park Patrol and Park Maintenance Staff. • Refrain from using abusive or foul language. • Refrain from causing bodily harm to self, other field users, or City staff/supervisors. • Refrain from damaging City equipment, supplies, fields and facilities. • Refrain from harassment of City staff and field users. Failure to follow these rules may result in denial of program participation privileges. The City of Newport Beach Recreation & Senior Services Department strives to make your participation fun -filled, rewarding, educational and safe. Thank you for your cooperation. Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 4 4. DEFINITIONS This section defines the terms used throughout this Policy. A. City: The City of Newport Beach and/or the City Recreation & Senior Services Department, as appropriate. B. Director: The City of Newport Beach Recreation & Senior Services Department Director. C. Member Organization or Organization: Those Organizations, including YSC-Open Member and YSC-Club Member, that have submitted all required documentation with the City. • YSC-Open Member Requirements: See Sections 5 & 6, below. • YSC-Club Member Requirements: See Sections 5 & 7, below. D. Non-profit Organization: A Non-profit Organization is a charitable organization under Internal Revenue Code Section 501c(3), with a State of California Tax Identification Number and proof of tax exemption. E. Participant: Those players who are fully registered with the Member Organization. Non -players such as coaches, officials, and staff shall not be considered Participants. F. Season: Seasons are defined as follows: Grass Fields Fall Spring Pre-Season/Tryouts August 15 -September 1 February 1 - 28 In -Season Opening Date September 1 March 1 In -Season Closing Date Second Friday in December June 30 Post—Season/All Stars As Available As Available Sport "In Season" Football/Soccer Baseball/Softball Synthetic Turf Only Fall Winter Spring Summer Pre-Season/Tryouts January - August In -Season Opening Date Last week of Second Friday February 1 July 1 August in December In -Season Closing Date Second Friday January 31 June 30 Last week of in December August Post—Season/All Stars As Available December & Early May -June July January 30 Sport "In Season" Football/Soccer Baseball/Softball Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 5 5. GENERAL YSC MEMBERSHIP REQUIREMENTS (includes Open and Club) To participate in the semi-annual field allocation process, the following requirements shall be satisfied by all YSC-Open and YSC-Club Member Organizations: A. Organization shall have and submit a charter and articles of incorporation to City upon initial application for membership. B. Organization shall have a Board of Directors and submit a current list to City annually. C. Organization shall be a Non-profit Organization. Organizations shall submit their Internal Revenue Service 501c(3) letter to City upon initial application for membership and shall submit a current IRS 990 Form annually. D. Organization's Board or League President, Vice President, or an appointed designee shall attend the semi-annual YSC meeting. E. Organization shall provide City with proof of current Commercial General Liability insurance with a limit of not less than $1,000,000 per occurrence, naming the City as additional insured. F. Organization shall submit City Field Allocation Request Form and all supplemental information outlined in the application process semi-annually. G. Organization shall only provide services not offered by City programs. H. Organization shall immediately inform City staff of changes in liaison or main contact person's name, address, or telephone number. I. Organization shall obtain City's prior written permission for any change in the published schedule of field allocations, including decreases in use, and shall report said schedule changes as directed. J. Organization shall provide its own publicity, registration and coaches training consistent with YSC membership requirements. Any deviation requires the City's prior written approval. K. Organization shall screen all personnel and volunteers for prior criminal records or infractions and provide proof of screening to City. L. Organization shall provide at least one responsible adult at every activity scheduled at City facilities. M. Organization shall contact participants and organization's board and representatives regarding all matters in their league or team. N. Clean area following games or practices of all litter, debris etc. Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 6 O. Organization shall review all City Council policies and facility rules and regulations, including the proper use and care of lights, grounds, keys, facilities and amenities, and shall inform Participants and its Board and representatives regarding all City policies and regulations. P. Organization shall apply to Parks, Beaches & Recreation Commission for approval to make any additions or changes to fields, amenities or membership criteria requirements. Q. Organization shall pay the hourly rates and field maintenance fees within 30 days of billing. 6. YSC-OPEN MEMBER REQUIREMENTS YSC-Open Member Organizations receive priority allocation of City athletic fields and voting rights at the semi-annual YSC allocation meetings. In addition to the General YSC Member requirements listed above, the following are required for YSC-Open Member Organizations. A. Organization shall sign a contract (memorandum of understanding) of up to five years with the City. Contract renewals are due by the Fall allocation meeting in June. B. Organization's roster of Participants shall include at least 50% City residents in first year of Organization's existence. Following years of less than 50% City resident participation may cause review for reclassification of membership. Organizations who are adhering to boundaries set by parent organization will retain Open Member status. C. Organization shall employ a "minimum play rule" for Participants, with each player given equitable playing time regardless of skill level. D. Organization shall have an open enrollment policy accepting all players regardless of skill level. E. Organization shall be strictly volunteer -organized and administered with the exception of referees and umpires. F. Paid trainers may be employed for clinics that are open to the entire Organization membership; Trainers may not be used by individual players or teams. An individual participant may hire a trainer for personal purposes provided that the trainer applies for and receives a rental permit through the Recreation & Senior Services Department. G. Teams formed through a tryout process will be permitted if they meet specific criteria (See Section 6. G1 and G2) and such teams shall receive no additional benefit that would distinguish the team from the organization's recreation teams. Examples of prohibited benefits include, but are not limited to, higher quality uniforms, training equipment, preferential field use or additional field use. 1. YSC member organizations are permitted to have a Select Program (i.e. All-stars) defined as follows: Players will be selected from the season teams for which the Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 7 selected team is representative. One Select Team per age division (one male and one female team) will be allowed. 2. Select Program teams must be formed by selecting players out of the organization's recreational team rosters and exclusively play teams within their organization. 7. YSC-CLUB MEMBER REQUIREMENTS YSC-Club Member Organizations are Organizations that do not meet the requirements of YSC-Open Members. YSC-Club Member Organizations do not have voting rights at the semi-annual YSC allocation meeting. In addition to the General YSC Member requirements listed above, the following are required for YSC-Club Member Organizations. A. Teams within a Club organization are formed through a tryout process and are exclusive. B. Teams may have paid coaches and trainers. C. Organization's roster of Participants shall include at least 50% City residents in first year of Organization's existence. Any season of less than 50% City resident participation will result in reclassification of membership. D. Organization's roster of Participants shall include all registered Participants within an Organization. 8. FIELD ALLOCATION REQUESTS Each Organization shall submit a Field Allocation Request Form and Participant roster by the dates listed below. Organizations missing these deadlines will be allocated any remaining fields on an "as available' basis only. Allocation Request Form and RostersField Fall Allocation Due May 1 Winter Allocation Due Sept 15 (Synthetic Turf, Allstars and limited camps only) Spring Allocation Due November 1 Summer Allocation (Synthetic Turf, Allstars and limited camps only) Due March 15 The City keeps all personal information confidential and will not publish or distribute it in any manner. General (non -personal) information is subject to disclosure under the Public Records Act. Applications will be considered incomplete and will not be reviewed if the Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 8 required documents (Section 6) are not up to date and the following information is not submitted: A. Field Allocation Request Form, including: • Start and end dates and times for each field requested. • Whether field is for practice or game. • Ranking of preference of requested fields. B. An official Participant roster or league enrollment data (digital format if possible) from the previous season, or from the initial season if being submitted by a new Organization. Organizations agree to allow the City to verify the accuracy of data submitted. Data shall include each Participant's: • First and last name • Home address • Gender • Number of children per age division C. Organizations are limited to two clinics and/or camps per year during downtime only (totaling 10 calendar days); camps and/or clinics shall be available to Participants of the Organization only. 9. FIELD ALLOCATION PROCEDURE AND PRIORITY FORMULA Spring and Fall season field allocations will be reviewed and discussed twice a year at the semi-annual YSC meetings. Minor season allocations for synthetic turf, all-star and limited camp related use will be reviewed and distributed for Winter and Summer seasons. City staff will review all Field Allocation Request Forms, allocate fields equitably based on the priorities listed in this policy and encourage optimum cooperation between all user groups. Every effort will be made to assign fields by priority requested. Any appeals of decisions or allocations may be made to the Parks, Beaches & Recreation Commission within 10 days after the YSC allocation meeting. A. Fields are assigned in the following priority: i. Maintenance of fields and facilities. ii. Fields/facilities for organized game use. iii. Providing fields/facilities for practices. B. Field allocation requests will be considered based on the classification priorities set forth in Section D, below. C. Assignments within each classification will be based on the highest number of City of Newport Beach residents (Classification C) and percentage of resident participants (all other classifications). Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 9 D. Residents will be based on official rosters submitted by each organization as outlined in Section 8: Field Allocation Request. E. User Classifications and priorities are as follows: • Class A: All official Recreation & Senior Services Department initiated and/or conducted activities. • Class B: All other official City activities. • Class C: All YSC-Open Member Organization programs/activities. In -season sports will have first priority and sports not in season will be considered second. All-star & post season activity will take priority in winter and summer seasons. • Class D: Official public agency sponsored programs and activities not included in Classifications A, B, and C, above. • Class E: YSC-Club Member Organizations and recreational, social or civic activities of groups which are resident -promoted and sponsored by local Non-profit Organizations. Classification E Organizations are open to the public and have 50% or more of memberships consisting of City residents. • Class F: Recreational or social activities of private City residents, which are not open to the public. • Class G: YSC-Club Member Organizations and recreational, social or civic activities of groups which are non-resident promoted and sponsored by Non-profit Organizations. Classification G Organizations are open to the public, but not qualifying under E, above. • Class H: Schools, colleges, hospitals and other similar civic groups not qualifying as Non-profit Organizations. • Class I: Commercial businesses and all others. F. Field Allocations will be made based on the number of fields each season that the Director or his/her designee deems are available for distribution. The distribution formula will be as follows: • 70% of available fields for Class A. B and in -season Class C activities. • 15% of available fields for out -of -season Class C activities. 0 10 % of available fields for Class D through E activities. Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 10 • 5% of available fields are not allocated, are used for maintenance rotation, community use, groups in Class G, H and I, or other items not anticipated on an as - needed basis. These fields may be reallocated to qualifying Organizations as they become available based on the allocation formula. G. Home fields will be determined by the proportion of City residents to the number of field hours allocated within each User Classification. The formula will be as follows: • In -Season YSC-Open Member Organizations that qualify for two or more fields will be allocated two home fields. • Out -of -Season YSC-Open Member Organizations that qualify for one field will be allocated one home field. • YSC-Club Member Organizations that qualify for at least one field will be allocated one home field. • Each eligible group will be allocated home fields by season in spring and fall only. • Any requests to change designated home fields will be brought to a meeting of the Youth Sports Commission. Each Organization eligible for home fields will have one vote. Majority vote will determine the outcome. • The home field counts as a regular field in an organization's total field count as determined by the field allocation formula (Section 9). 10. NOTICE OF NON-USE OF FIELDS It is City policy that user Organizations turn in unused fields for reallocation. An Organization that has been allocated field space and does not intend to use it on a regular basis shall notify the City so that the field may be re -allocated or otherwise used. Failure to do so may result in forfeiture of fields for the remainder of the season. A. Notice of non-use shall be received by March 1 for Spring and September 1 for Fall so the field may be reallocated. B. Unless written notice is received, an Organization will be billed for all allocations. Field use fees will not be retroactively adjusted. C. All fields that are turned back in to the City for reasons of non-use will be allocated to the remaining qualified Organizations based on the User Classification allocation formula. D. Any Organization with documented non-use of an allocated field for two consecutive weeks after the following dates will lose that allocation for the remainder of the season • March 1 in the Spring • July 15 in Summer • Labor Day in the Fall, • December 15 in Winter Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 11 E. Exceptions to this policy will be made on a case-by-case basis, only with prior written notification to City staff regarding special circumstances. 11. NOTICE OF EXCHANGE OF FIELDS An Organization shall not give or exchange its field allocation or any part thereof, with another Organization without prior written approval of the City. Any such modification request shall be filed with the City and verified in writing by all parties wishing to receive/exchange the field allocation. This allows for accurate billing of use and an accurate record of exchange for tracking purposes. Organizations who switch times/fields without going through the proper process may lose their entire allocation as a result. Subletting is strictly prohibited. 12. FIELD USE FEES Field use fees and field light fees are assessed to defray the direct costs of lighting and securing the fields. Use Fee Due DatesField Fall Allocation: February 1 Winter Allocation: March 15 Spring Allocation: August 1 Summer Allocation: October 15 13. FIELD MAINTENANCE FEES A. YSC Member Organizations shall pay a maintenance fee of $10 per Participant, per season based on the previous year's fall/spring rosters. 1. If the YSC Member Organization is new, the maintenance fee of $10 per Participant will be assessed on its initial season's roster. 2. The YSC-Open Member Organization maintenance fee will be based on resident Participants only. Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 12 3. The YSC-Club Member Organization maintenance fee will be based on total Participants. 4. Other groups who reserve fields for five calendar dates or twenty hours during any season will also be assessed the maintenance fee of $10 per Participant, based on their current roster. B. YSC Member Organizations will be billed on July 1 annually for both seasons. Funds will be expended or encumbered by June 30th of each fiscal year. Funds collected for each Organization will be expended on their allocated fields. In general, the maintenance funds will primarily be allocated to recover fields from damages incurred, following each group's field use. Every effort will be made to spend all collected funds within the fiscal year. There may be instances when a small percentage of funds collected from an Organization will not be expended on their allocated fields. The City will follow its bidding and purchasing process in expending the collected funds. C. Collected fees will be expended on projects above and beyond the City's ongoing maintenance program. Examples of typical projects include sodding, over -seeding, deep -tine aeration, supplemental amendment and fertilizer applications, fencing, and infield renovations. The City will partner with Organizations to determine projects. 14. FIELD MAINTENANCE AND MODIFICATIONS A. The City will maintain parks, facilities, and fields for public use according to the City's standard and will install any required permanent equipment such as pitching rubbers, base anchors. B. YSC Member Organization shall pay for any desired or additional maintenance such as field preparation, lining of the fields, setting of bases or a higher standard of maintenance than the City's standard. C. YSC Member Organizations shall meet with Recreation & Senior Services and Parks staff at least once annually to discuss any repairs, improvements or renovations of those fields used during their seasons. No work may be initiated unless approved in writing by the City. No permanent structures or equipment shall be erected on City facilities unless approved in writing by the City and dedicated for community use. D. YSC Member Organizations are responsible for any damage or repairs needed due to implementation of repairs, improvements or renovations. YSC Member Organizations are responsible for insurance, worker's compensation and any contracts required by the City for work being performed on City property. Any failure to complete the repairs, improvements or renovations properly that results in costs to the City shall be reimbursed to the City by the Organization. E. Motorized vehicles are not permitted in the City facilities for the preparation of athletic fields or other activities without prior written City approval. Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 13 F. User groups shall immediately report any and all damage or acts of vandalism to the City. G. Bases shall not be removed nor shall base plugs be used without prior written City approval. H. User groups/Organizations maintenance responsibilities shall include: 1. Light field preparation, setting of temporary bases or goals, and similar maintenance. 2. Ensuring that the facility is free of trash or debris caused by its usage, including checking restrooms and parking areas. 15. ATHLETIC FIELD LINING/MARKING A. Lining of City fields with chalk or paint is not permitted without prior written permission by the City. B. Burning lines on any City park and/or field is not permitted. C. Any Organization failing to comply with these guidelines is subject to the following: • Payment for all damages occurring to the field, and • Termination of any /all field use permit(s) for one year. 16. RULES AND REGULATIONS OF FIELD USE A. Organizations shall designate an adult 18 or older, to be present during any and all practice and/or game time(s) at each City field/facility used. B. Games and practices may begin no earlier than 3 pm on weekdays, and games no earlier than 8:30 am (arrival and warm-ups no earlier than 8 am) on weekends. No games and/or practices may be scheduled on City holidays without prior approval from the Director or his/her designee. C. Games and practices may end no later than 9:45 pm on weekdays, and dusk on weekends, except if approved in advance by the Commission. D. Weekend use, on a regular basis, may be subject to limited hours at the discretion of the City. E. Organizations utilizing lighted facilities are responsible for ensuring the proper use of lights. The City reserves the right to bill user groups for hourly energy costs incurred during hours that lights are left on and the fields are not being used. F. Use of portable lights is prohibited without prior written permission by the Parks, Beaches and Recreation Commission. Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 14 G. Use of metal cleats is prohibited. H. Alcoholic beverages are prohibited. I. Artificial noisemakers, e.g., horns, rattles, bells, whistles, etc. are prohibited. Officials or coaches, as a necessary part of the activity, may employ such devices with permission by the City. J. At the conclusion of games, practices, and activities, Organizations shall leave the park/facility quickly, quietly, clean, and clear of debris. Failure to do so will result in assessment of a maintenance -cleaning fee. K. All YSC Member Organizations shall have at least 50% of their City resident members participate actively on a weekly basis. When a team is playing against a team from outside the City, this rule shall apply to only the "host' team representing the YSC Member Organization. Roster changes that affect compliance with residency requirements shall be reported to the City within one week of occurrence. Failure to do so will result in forfeiture of all fields and/or facilities. 17. SYNTHETIC TURF RULES AND REGULATIONS To protect the field surface and maximize the lifespan of synthetic turf fields, the City of Newport Beach asks that every team official, coach, player, spectator, and parent be aware of the following rules & regulations for use of the synthetic turf field. Coaches are responsible for the conduct and behavior of players and spectators on the field. A. Only water is permitted. No flavored drinks are allowed (soda, juice, Gatorade). Glass and other breakable containers are prohibited. B. No food allowed on synthetic turf surface. All food including gum, sunflower seeds, nuts and chewing tobacco are prohibited. C. Newport Beach municipal code prohibits smoking within 100 feet of a park D. No dogs or pets are allowed on the synthetic turf surface. Dogs or other animals are only allowed on the grass perimeter and outfield grass area of Bonita Creek Field 1. E. Suntan lotions, oils or creams of any kind that may stain the turf are prohibited. Sunblock should be applied before entering the synthetic turf area. F. Athletic footwear must consist of molded rubber cleats (less than 2 inches), turf shoes or running shoes. Metal cleats/spikes and high heeled shoes are also prohibited. Athletic footwear should be clean and free of mud. G. Marking or taping on the synthetic turf surface is prohibited. Painting field lines must have prior City approval. H. Sharp or blunt equipment are prohibited including chairs, benches, flags, shade structures, tents, stakes, and umbrellas. No temporary or permanent equipment shall be staked down onto the synthetic surface. Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 15 I. Large objects, including goals that need to be moved across the field should be carried or have turf wheels. Dragging heavy items or equipment across the field may cause significant damage. J. Vehicles of any kind including bicycles, scooters and skateboards are not permitted. RC cars, planes or other toys that use fuel are also prohibited K. User Responsibilities 1. You are responsible to leave the field cleaner than you found it and ready for the next user. Following practices and/or games please inspect the field and remove anything left by your players or spectators such as trash, athletic tape, or equipment. 2. Any foreign substances, including bodily fluids, should be removed and rinsed as quickly as possible. Thoroughly rinse and avoid slippery areas that could result in injury. Immediately report the location of accident or injury resulting in bodily fluids (blood, vomit, urine, etc.) on the turf to city staff. 3. Inspect your playing area before and after practices & games and immediately report any areas of the playing surface that are damaged or deficient. 4. Educate your players, parents and spectators about the Synthetic Turf Rules & Regulations to minimize damages to the playing surface. 18. TRAFFIC AND PARKING A. The Organization shall ensure that Participants and spectators utilize off-street public parking areas, when available. If parking conditions warrant, e.g., during pre-, post-, and regular season or tournament play, the Organization shall provide, at its own cost, at least one safety officer to direct Participants and spectators to designated parking areas. The City, at its sole discretion, may require additional parking mitigation on an event -by -event basis. B. Driving, operating, or parking any motor vehicle within the City parks and/or fields is prohibited, except in areas specifically designated as parking areas unless prior written permission is obtained from the City. In case of medical emergencies, only emergency vehicles will be allowed on the park for rescue purposes. C. All vehicles shall be legally parked. 19. PUBLIC ADDRESS SYSTEM USE A. Sound amplification equipment is allowed in City parks only with a Special Event Permit. Special Event Permit applications are available in the Recreation & Senior Services Department and should be submitted at least 15 working days prior to the event. Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 16 B. Only adults 18 years and older are permitted to operate any public address system. All public address systems used for athletic events shall pertain to the game being played. Special announcements should be kept to a minimum. "Play-by-play" announcing is prohibited. 20. STORAGE AND/OR CONCESSIONS A. Storage units may be placed on City facilities with City's prior written permission only and are the sole responsibility of the Organization placing the storage unit. Storage units shall be maintained in good and clean condition at all times and any vandalism or breakage shall be repaired immediately. B. The City assumes no liability or responsibility for any equipment or storage units or the contents thereof. C. The Organization placing the storage unit shall provide keys to City staff for all storage units, locked closets and fenced areas. D. No equipment may be left out on fields or outside bins unless approved in advance by the City. E. Organizations shall provide City with an inventory of all items stored in said containers. Storage of flammable and/or toxic substances is strictly prohibited. F. Any Organization failing to comply with these guidelines is subject to the following: • Payment for all damages occurring to the facility • Termination of any /all field use permit(s) for one year 21. BANNERS Although there is no cost, there is a limit to the number and times a banner can be displayed. A. Determine location according to the following list: • Lincoln Athletic Center: (3 spots on fence along San Joaquin Hills Road) • Mariners Park:1 on Tennis Court fence • Grant Howald Park: 1 on Tennis Court Fence; 1 on Driveway entrance fence • 38th Street Park: 1 on Balboa side fence • Bob Henry Park:1 on fence • Las Arenas Park: 1 on the tennis court fence B. Apply for a 14 consecutive day period in writing to Recreation & Senior Services Department. C. Maximum of 30 days per calendar year per event per location. D. Apply maximum of 60 days in advance only. Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 17 E. Permitted banners will be listed on a master list. Those not permitted will be cut down by Park Patrol. F. This does not apply to sponsor banners on the outfield fences. This does apply to any banners that appear on other than the outfield fences. 22. OTHER Organizations anticipating a split to form a new Organization/league, or individuals planning to organize a new sports program, shall apply to the City at least six months prior to the estimated starting date of the new program. The City will study the impact of the new program on existing facilities and evaluate the request. If approved after the deadline for submitting the Field Allocation Request Form for the upcoming Season, the City makes no guarantee of field space if all space has been previously allocated. 23. CITY COUNCIL POLICY This policy is consistent with Council Policy B-13— Public Use of City Facilities. In the event of any conflict between this policy and Council Policy, Council Policy takes precedence. 24. VIOLATIONS The following penalties shall be imposed when Member Organizations failed to comply with the requirements set forth above. Offenses will be by season unless otherwise stated in written warnings. • First Offense: Verbal warning; if situation resolved, no further action taken. • Second Offense: Written warning. A representative of the City as determined by the Director shall also meet with the offending coach (if applicable), the Organization President, and at least one other member of the Board of Directors. • Third Offense: Minimum penalty is loss of one field for the next season; maximum penalty is loss of status as a YSC Member Organization for the next season in which the Organization participates. Penalty shall be determined by the Director. After penalty has been served, Organization may reapply for use of City fields and membership in the YSC. • Appeal Process: Appeals shall be submitted to the Director within 10 days of penalty. Appeals shall be forwarded to the Parks, Beaches & Recreation Commission for discussion. The Commission's decision is final. The Parks, Beaches & Recreation Commission ultimately determines continued membership. Failure to comply with the requirements and responsibilities listed will result in the Parks, Beaches & Recreation Commission revisiting membership status. Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 18 25. OVERVIEW OF IMPORTANT DATES Spring Allocation only) Field Allocation Request Form and Previous Spring Rosters Due November 1 Allocation Meeting Second Wednesday in December Notice of Non Use Of Field Due February 1 Final Draft of Allocation Schedule Complete February 15 Allocation Begins March 1 Current Spring Rosters Due June 15 Allocation Ends June 30 Allocation Invoice Mailed Out July 1 Per Player Maintenance Billing Mailed Out July 1 Allocation Billing Due August 1 Winter Allocation (Synthetic Turf Field only) Field Allocation Request Form and Previous Winter Rosters Due September 15 Allocation Schedule Draft Complete and Distributed October 15 Notice of Non Use Of Field Due October 31 Final Draft of Allocation Schedule Complete and Distributed November 1 Allocation Begins Second Friday in December Allocation Ends January 31 Allocation Invoice Mailed Out February 15 Allocation Billing Due March 15 Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 19 Fall Allocation Field Allocation Request Form and Previous Summer Rosters Due Field Allocation Request Form and Previous Fall Rosters Due May 1 Allocation Meeting; YSC Open -Member Contracts Due Second Wednesday in June Notice of Non Use Of Fields Due August 1 Final Draft of Allocation Schedule Complete August 15 Allocation Begins September 1 Allocation Ends December 15 Allocation Invoice Mailed Out January 1 Allocation Billing Due February 1 Summer Allocation (Synthetic Turf Field only) Field Allocation Request Form and Previous Summer Rosters Due March 15 Allocation Schedule Draft Complete and Distributed April 15 Notice of Non Use Of Field Due April 30 Final Draft of Allocation Schedule Complete and Distributed May 1 Allocation Begins July 1 Allocation Ends Last week of August Allocation Invoice Mailed Out September 15 Allocation Billing Due October 15 Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 20 APPENDIX Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 21 PROOF OF NON-PROFIT STATUS COMPLIANCE Non-profit status is an organization that is so defined by the Internal Revenue Service as a 501(c)(3) charitable non-profit, and has a State of California Tax Identification Number. In order to receive consideration as a non-profit organization, groups must submit the following documentation*: 1. Copy of Articles of Incorporation stamped and endorsed by the office of the Secretary of State of the State of California — submit first time only 2. Copy of IRS letter stating that group is exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code — submit first time only 3. Copy of IRS tax form 990 (T or EZ), including group identification on page 1 and Section VI — Section 501(c)(3) Organizations Only - htt-o://www.irs.gov/pub/irs- pdf/f990ez.pdf; proof that group is maintaining non-profit status — submit annually In addition, the Recreation & Senior Services Department will access the California Secretary of State's corporation website for proof of current status. Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 22 3 4 ARTICLES OF INCORPORATION OF 61 ENDORSED R":0Siiatete of ft sr,ra or Gdlibmi A California Nonprofit Public Benefit Corporation CCT 16 2009 ARTICLE I The name of this corporation is ARTICLE It A. This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized uncle, the Nonprofit Pubtic Benefit Corporation Law for charitable purposes. The purposes for which this corporation is formed are exclusively charitable within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986. B. The specific purpose of this corporation is to promote an and science of film making through education of the genera' public and scientific research. ARTICLE III The name and address in the State of California of this corporation's initial agent for service of process is Narne: Address ARTICLE IV Notwithstanding any of the above statements of purposes and powers, this corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the specific purposes of this corporation ARTICLE V The property of INS corporation is irrevocably dedicated to charitable purposes and no part of the net income or assets of this corporation shall ever inure to the benefit of any director, officer or member thereof or to the benefit of any private person. Upon the dissolution or winding up of the corporation. its assets remaining after payment, or provision for payment. of all debts and liabilities of this corporation shall be dstributed to a nonprofit fund, foundation or corporation which is organized and operaled exclusively for charitable purposes and which has establ,shed its tax exempt status under Internal Revenue Code section 501(c)(3). Incorporator Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 23 INTERNAL REVENUE SERVICE P. O_ BOX 2500 CINCINNATI, OR 45201 DEPARTMENT OF THE TREASURY Employer Identification Number: Date: NOW 34 coir DL,[ 8 60111812♦ contact Person: ION Contact Telephone Number: Accounting Period Ending: December 31 Public Charity Status: 17a tb) (1) (A) (vi) Form. 990 Required: Yee Effective Date of Exemption. Key 4, 201: Contribution Deductibclity. Yes Addendum Applies: No Dear Applicant: We are pleased Co inform you that upon review of your application for tax exer�ht status we have deterrsln-d the! ;,ou are exempt from Federtl income tax under section Soi(c)(31 of the Internal Revenue Code. Contributions to you are deductible under section 17C of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code because this letter could help resolve any questions regarding your exempt status, you should keep it In your permanent records. organizations exempt under section 501(CS (31 of the Code are further c)aacified as either public charities or private foundations. We determined that you are a public charity under the Code sections) listed in the heading of this .etter. Please see enciosed Publication 4121 -PC, Compliance Guide for 501(c1(1) Public Charities, for sore helpful information about your responsibilities as or. exempt organization. Enclosure: Publication 4221 -PC Sincerely, Letter 947 (DO/CG) Lois G. Lerner Director, Exempt Organizations Letter 947 (DO/CG) Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 24 ShortForm 9W -EZ Return of organization Exempt From Income Tax Jeer smct. Wild. 527. ar 4e17(exl1 al me keer,el Revernre Core ;ncaepl bleak Wo bervi haft or private IouMati.ml Spansalnp OrpanlraGar•t al amen aaf.sed 90,08, o'WaaWn that W.I.aoma ar ,'free n.rµrllr,l f.' Vt e and wrtnin cu,arremp orpaneetlens as deemed in section 512ibYn 21 mutf 1,18 farm Sep lyes mists hent Ail attar dgwaatwnf Mlle eraso receipt. b.. than SM,epo aM total ..0 Wu Iluar 6500.000 'Y. ,rhmtr -t r. I+ern' at the end al the Ver miry Rae 11" fevm. rtr J r+...+,,. a,. ;,c. ► rhe n rrrauen rrut hwe b rue e c o/ rw return M "Vary sate report uGame,4 A For 1M 2012 calends year, or tax year heaenirw . 2012. and ondlno 0Accolntli0Mathod: ❑Cay ❑Acoual I wetraKe:► J Tax4rhan it Mtn oni omv ore, — n solloc not OOfeO`4] lc :uwr other (srecrfn ► ,`Air ", 'oda I1slt EKIFO] D Enrpbyar Munlatrarton manerer .._.. F Qotp F.",ri1nn Number ► N Check . u if the oryerlcalwn b rot required 10 attach Schedule B (Form 900. 090-F2, or 990,PR. K Check e U it ore u0aruat.m is not a sartlon 5091p13j supplxtNg argenizatlon or a sectlrn 577 orgy inlranon orb Mrose r g scsgfs are normally not mac Clan ¢50.4x0. A Form 99o-Lz or rum 990 return a not required the glr Form 090-N fe-postcardi may he repuaw see fnsouc4ms) But if the oman ratrcn choeaes to NO a return, be Mae to rM a compMe rNum L Md hey 5b. tic, and 7b to Ma 9 to oarrnne Woes reoepta. N groes recacta era 620,,900 or reprn, ,ar 11JIat 858,x8 tear; II, lam 5. coiwmn Jul wovrl are 15910.000 or axxe. fie Form 990 instead of Fcr'r 993 -LZ I D. 5 Revenue, Expenses, and changes in Net Assets or Fund Balances (see the tristructrons for Part t) Check if the organization used Schedule O to respond to any question In this Part I ❑ C Nene o' avamraem 1 ❑ Rare Ne.p Bt.r.�an fearer and .weal lar P 0 be .mares ❑ aal�rr'e4Ym City IX Igen, a1a41 p (-0Jnhy. 0Accolntli0Mathod: ❑Cay ❑Acoual I wetraKe:► J Tax4rhan it Mtn oni omv ore, — n solloc not OOfeO`4] lc :uwr other (srecrfn ► ,`Air ", 'oda I1slt EKIFO] D Enrpbyar Munlatrarton manerer .._.. F Qotp F.",ri1nn Number ► N Check . u if the oryerlcalwn b rot required 10 attach Schedule B (Form 900. 090-F2, or 990,PR. K Check e U it ore u0aruat.m is not a sartlon 5091p13j supplxtNg argenizatlon or a sectlrn 577 orgy inlranon orb Mrose r g scsgfs are normally not mac Clan ¢50.4x0. A Form 99o-Lz or rum 990 return a not required the glr Form 090-N fe-postcardi may he repuaw see fnsouc4ms) But if the oman ratrcn choeaes to NO a return, be Mae to rM a compMe rNum L Md hey 5b. tic, and 7b to Ma 9 to oarrnne Woes reoepta. N groes recacta era 620,,900 or reprn, ,ar 11JIat 858,x8 tear; II, lam 5. coiwmn Jul wovrl are 15910.000 or axxe. fie Form 990 instead of Fcr'r 993 -LZ I D. 5 Revenue, Expenses, and changes in Net Assets or Fund Balances (see the tristructrons for Part t) Check if the organization used Schedule O to respond to any question In this Part I ❑ For PafrerwMr Reduction Act Notice, see the separate a slrucuona. Cahe teal21 rem NO -EZ atha 1 _. Coninbutlons, gifts itrants. and s, hilar amounts rece,ved . 1 2 Program service revenue Inc "omni guvemment fees and cortracs, 2 3 Membership dues and assessmeris 3 _ .. 4 Investment income _ 4 Sa Gross amount from safe of assets other main inventory 5a b Less: cost or other basis and sa'!CS expenses . . 5b c Gain or posit) from sale of assets other than inventory iSubtract a.ne 5b from line Sal 5e 6 Gaming and tundra" events i a Gross income from gaming lanach Schedule G 4 gaster than 515.000) I Is Gross income from fundraising events (not oxiudin0 S of contributions from furtdratsing events reported on line 1) (attach Schedule G A the Sean of such gross income and contributions exceeds $15,000) 8b c leas: direct expenlias from gaming and fundrarsing events . Ise d Net income or (tosyl from gaming and fundrafsing events (add teles 58 and 61) and subtract lire Eich 5d 7a Grohs sales of Inventory. ess returns and allowances 7a b less: cost of goods so•d 76 a Gross pick or floss) from sales of inventory (Subtract line 7b from line 7a) 7c 9 Other revenue Ideseribe '.n Scheduee O} 8 9 Total revesia. Add lines 1, 2. 3, 4. 5c, 6d, 7c, and S a. 0 10 Grants and similar amountts pad prst in Schedule 0) . . . , , . . - . . . t0 _ 11 Benefits paid to or for members _ . . . . . . . . . . . . . . . 11 12 Salaries, other Compensation, and employee benefits _ . . . . . . . . . . 12 _ 13 Protess,onal fees :w+0 other payments to independent contractors 13 .^. 14 Occupancy. fent, utihtes, and mamterWrtce 14 15 Printing. publications. Postage. and shipping . 1s 16 other expenses (describe in Scnedu* al 18 17 Tolial eapenses. Ado fines 10 Rtro n 16 ► 17 w 18 Excess or (deficiil for the year fSubtrac• line 17 from fine 9) 19 Net assets or fund balances at beglrning of year (from line 27, collation (A)) (must agree with 15 end of year figure reportec on poor year s return} 19 $ Z 20 Other rhanges in not assets or fund balances (explain In ScrtedlAe 0) 21 Net asset.^. or 'u,t'J xtlancrs a' end of year. Combine Incas 18 Inrough 20 . ► 2D 21 For PafrerwMr Reduction Act Notice, see the separate a slrucuona. Cahe teal21 rem NO -EZ atha 4. Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 25 h. ,1. I: I' ono• 4 48 Dia the organization engage, directry or inolrectly, in poltical campvgn activities on behalf of or v1 opposition _ �— [c ca*,odates'ar puollc ofQ:e' If ^Yes.^' Complete Sc'ledule C. Pan 1 48 Section 501(c)(3) organizations only Al seLtion 501(c)(3i organizations must answer gi.estlons 47-49t) and 52, and complete the tables for tines 50 and 51 Check it the organization used Schedule_ O to respond to any question In this Part VI ❑ Yee No 47 Did the organization engage in lobbying activities or have a section 501(11) election In effect during the tax Y"? If'Yes.* complete Schedule C. Part II L4748 Is the oigarbzatlon a sclgol as oescribed in section 17(WbX1MAi(lg7 If "Yes."complete Schedule E49a the Ine na'WaUbn make any transfers to an exempt non-chantade related organization?b If •Yes,' was the roated organization a socton 527 organ+zaton? 50 C:omplelo this table Ion the cxgwizaton s five highest compensated emp•oyees bother Inan officers, dvtctors. trustees and icey mplOyessl wno each received more than $100,000 of bomoonsaton from the organization. It there is Wane, enter "None." pd Nsre r,0 etb of eecn e^vhfe! pad M. r ,, von iIC ibt A.vn9 a rw�n UT weeA a ,oGel to pcillr-, lcl °^.nN, = w-npnxatm .ane.'A'-2.'I K-4.16cl (A F ao, ri 1. :intro �6ore aatrouvaa +[ Iv'it rr.rra. a fl iW .,,,.1 '— IN £w�atae .mn.xxd peac omw comem f total number of other employees pad over $100,000 . . . ► 51 Complete tnl3 table for this organization's Ove highest compansaled independent contractors who each repeivea more than 5100.000 of compensation from the organization. It there is none, enter "None.' Iq'I►m►Itp aedwr of ew+.dapnv7ent ooMracle porno nips ev131 W efYJ lel Tyce of e►rv" I W Cenp✓iratin e Total number of other independent contractors each receiving over $100,000 ► _ 52 Did the organization complete Schedule A7 Nob: All section 501(c)(3) organizations and 49471a)(11 nonexempt charitable trusts must attach a completod Schedule A ► ❑Yee ❑ No JWn r tee of palsy. Aeclye bat I Nine exem."ee rNs re if, wckx" aocewparyrq apppMa aria srramwa. Ana t. rP► eaal N my 4wwkxglre W tdy, k k voo, Dation, r,d C[?giaaa oaCxaratbb M ebparY InP',/ N, n 14 bare el ar JA(Win 'i I ~ popes Nis tar,, krealaop►. Sign r `-o,,, IAloe, Data, Here / 7ror a pint vin►enc uk Paid r+ywnypa lxepef'pa name prerresergrue�m deo O+eck ❑ n PTI. Pre parol' un «npwpy Use Only . IFrm xenv► rmm"a otleeaa► in w,tvq ,v, discuss this retum with the preparer mown above? See ristiuctons ► rl v,a. m ZZ- - rem 98ILI"tL aa17,1 Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 26 I AC'(?HU COVERAGES CERTIFICATE OF LIABILITY INSURANCE THIS CFRTIFICATION 15155UED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMMFNO, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. HE POLICIES OFINSURANCF aFto!Flow HAVE BFFNASUFO TO THE INSUREUNAMED ABOVI, FON THE POLICY" PALM INDICA[E0. NOTWIIHSIANDN/G ANT 4OUIRt6NNT, IIRM OR CONOIIION OF ANY CONTRACT OR OTHFR OOCUMFNt WITH RESPECT TO WHNI/ IRIS CENDICATION MAY BE ISSUED 00 MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES D(SCRIBEO HER(IN 15 SUBRCT TO ALI THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 1! JCHS GREGATF tW1tTS SHOWN MAY HAVE B(EII REDUCED SY PAID I WM$. Ira .n enE,, wYn +1rE IY IhT1111N[t HIIC. N.wtN .ct rn rrrcrnm !.0 H.IN«'r, w!m 1,1tCV MUTIPY a4N II.T1 NI!(tn/p�•l�i�{G 41VfYNTI'bt :WMfCN.411NLLYARMI I.PiMURPE a C.lf.!r I W1HlCYYLYNY4IY 3vI f4FNR4f,rl�•df+4.::1 lnrn I •INI it'" ) VI4 +N'. +:en TIMM N[.)tiY 4•I.1Y N+fT i:•T IEAIQIMF(Yh YMr t:'prl rlr C[NgYYYA[ER11 S<,ttV ..l: NYCQIIICrG !<:(V a): 'V'TVMOY{tYHI'T. 4VI I.IJPJ 4J OpMP WiV. �•I(gAEpWrOi H(tlI IID NfN.1WVr4 G:� ry. l<I� 1M:3 lM, IfA nt[J!.N BONL1fYFlH INr Y.W BOUG NYr I1lbw!Q 4KKYiY OW AL( Iwr axuw+.r ' GYALI YIRFr"+ •h• un:: UJIU I]Nl II .0".CINI Ir.IF "wwr +at F ..IrWlr r43] IIS3f)�JNN[ItA I1RYLiA _ w ❑ fJIV• Vipl r! Iw 4N• llrl!!r+ tiI!IGtil IMI•AmIM JRWIfI IN YNI �IwN'lI1tN WlAttV1 V[ -nlrvrrwrR rNn olxw � pW+►twrH �w.6xMryM!• iM'!4 r.VM4gY1 M.rw 1{>♦fJMT 1. 1 _FAr»f[[14VM 1 I rMeAH-tAMrJTU I f MIIIt KIRI LLr f Of NIR p RNI1pN p ORMrOV f f WrMNM(W xN1D l G[IYHOfA bMO M lfipplLYM/ fff[YI rIRIYf f r .1 +n1M!T1rM y'nrlN IM IO W!w!F 1. IT +NHf nc.H wl fr mN wlN �rcl.Yr r. nx-I. .!...-1-. ..: .. .,,•,•. ,,. ! ... .•+ , :-n .ip":!nr: --n wt' pnv Irr (ry.14wrv• Mef(» IF )'!<rT MI W, mm.M•'• r.. v!•'Ir».+ BISi:(LIi:Lll i:.9 uJ T: •A: [RLPYI: FI: --FSI i5 i]':•;.7:<': 1988 2009 ACORO CORPORATION. AI'. •Ig"[. rf•E.pr acF 1 err A(0Rt: •IarnP: -,f! bane d•e re v, le•ed -arks of ACO^^".D 1!gVtY NW Ct M YIIW OftfNMFP fM1 tl'It Y l4W NIf11 Rrpq 1f{ IRIM'1GN WT{ !, rr!iwrlen YYrl.n Mrs• n� n+nrrl Ml+nr!+r1 tFfIFO1, fl! IIYIIW /rSIP [F W4 [NG GY]N l:'1 V11: 1 M»i WNN'fN NOTE 1p M VY �r[4•ew Gw (tllry(FR !!ClNI1 NFNr[ •C'M Itn NI. 141111( •f Cf tOPW vnTN Nti :MUybN)N PN fNF>YN.yUfTYl VA111l1q ANrNYU 4P1;4'w1VirtN r• N.Iwrf+.l R"1[[Y'f'M1rf NI!(tn/p�•l�i�{G 41VfYNTI'bt --FSI i5 i]':•;.7:<': 1988 2009 ACORO CORPORATION. AI'. •Ig"[. rf•E.pr acF 1 err A(0Rt: •IarnP: -,f! bane d•e re v, le•ed -arks of ACO^^".D Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 27 POLICY NUMBER: PHPK66359a-W4 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION TINs endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Personisl Or O nizatlon a City of Newport Beach, hs officers, officials, amployeae and volunteers 100 Civic Center Drive Newport Beach, CA 92660 Informa0on revulred to oomplete this Schedule d not shown above will be shown in fie Declarations It is understood and agreed that the City of Newport Beach, rts officers of a als, employees and volunteers are added as an additional insured but only as respects the operations of the narnad insured except that liability resulting from the additional instped's sale ri"Ilgence. This policy is primary and noncontributory Sedion II — Who Is An Insured is amended to in - dude as an adddlonal insured the persons} or organi- zation(&) shown In the Schedule, but only we respect to liability for "bodiy injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your ads or omissions or the acts or omis- sions of those so" on your behalf: A. In the performance of your ongoing operations: or B. In connection with your premises owned by or rented to you. Youth Sports Commission Member Requirements and Field Allocation & Use Policy Amended August 4, 2015 Page 28 Instructions: For each field you are requesting, list the times of intended use in the boxes underneath each of the days below. CIRCLE ALL TIMES REQUESTED THAT ARE GAME DAYS. (Practice times not circled). Be sure to rank your field preference in the Rank Column, one (1) being your first priority. It is recommended that you request back up fields, in case your first choice is not available. FIELD MON TUES WEDS THURS FRI SAT SUN RANK Arroyo Park Bonita Creek Softball #1 Bonita Creek Softball #2 Bonita Football CYC/Grant Howald Lincoln #1 Lincoln #2 Lincoln #3 Lincoln #4 & #5 BCSP # 1 BCSP # 2 BCSP # 3 BCSP #4 BCSP #5 BCSP #6' Bob Henry #1 Bob Henry #2 Buffalo Hills Coastal Peak Park #1 Coastal Peak Park #2 Eastbluff #1 Irvine Terrace Mariners #1 Pennisula Park San Miguel Summer All Star Dates/Days/Locations (Tentative) Summer Camp Dates/Days/Locations (Tentative) EXHIBIT D INSURANCE REQUIREMENTS — INDEPENDENT CONTRACTOR FOR RECREATION AND SENIOR SERVICES A. 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. B. 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 Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. C. Coverage Requirements. 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. a) Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of 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. b) In the event Contractor has no employees requiring the Contractor to provide Workers' Compensation insurance, Contractor shall so certify to City in writing prior to City's execution of this Agreement. 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, preferred with a Two Million Dollar ($2,000,000) in the aggregate. 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 OC Football Academy, Inc., DBA Matt Leinart Flag Football D-1 modification limiting the scope of coverage for liability assumed under a contract. a) 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. b) Please initial the statement that applies: Contractor 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. 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 the 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. D. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against 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 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. OC Football Academy, Inc., DBA Matt Leinart Flag Football D-2 2. Additional Insured Status. All liability policies including general liability, excess 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, 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. 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. 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. 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. E. Additional Agreements Between the Parties. The parties hereby agree to the following: 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 City's 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. 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 the Contractor sixty (60) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. 3. 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. OC Football Academy, Inc., DBA Matt Leinart Flag Football D-3 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 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, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 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. 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. 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. 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. OC Football Academy, Inc., DBA Matt Leinart Flag Football D-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 2/9/17 Dept./Contact Received From: Teri Date Completed: 2/9/17 Sent to: Teri By: Alicia Company/Person required to have certificate: OC Football Academy Type of contract: I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 2/1/17-2/1/18 A. INSURANCE COMPANY: New York Marine & General Ins B. AM BEST RATING (A-: VII or greater): A: IX INSURANCE COMPANY: C. ADMITTED Company (Must be California Admitted): B. Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach E Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must ❑ Yes ❑ No include): Is it included? (completed Operations status does LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 not apply to Waste Haulers or Recreation) ❑ Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) Operations status does not apply to Waste Haulers) ❑ Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it PRIMARY & NON-CONTRIBUTORY WORDING (For Waste included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be ❑ Yes ❑ No included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured H. is not limited solely by their negligence) Does endorsement ® Yes ❑ No include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: Teri Has on File 7/21116 A. INSURANCE COMPANY: B. AM BEST RATING (A-: VII or greater) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ❑ Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: Teri Has on File 7/21116 A. B. C. D. E. F. G. H. INSURANCE COMPANY: AM BEST RATING (A-: VII or greater): ADMITTED Company (Must be California Admitted): WORKERS' COMPENSATION LIMIT: Statutory EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) WAIVER OF SUBROGATION (To include): Is it included? SIGNED WORKERS' COMPENSATION EXEMPTION FORM: NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: 2/9/11 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ❑ NIA ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _; Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. Date