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INDEPENDENT CONTRACTOR AGREEMENT
RECREATION INSTRUCTOR
This Independent Contractor Agreement ("Agreement") is made and entered into
as of this 1st day of May, 2019 ("Effective Date") by and between the City of Newport
Beach, a California municipal corporation and charter city ("City"), and Darryl Clark, a
sole proprietor doing business as ("DBA") Hangtime Sports ("Contractor"), to provide the
classes or programs in BASKETBALL & VOLLEYBALL LEAGUE ADMINISTRATION
("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 May 30, 2024, unless terminated earlier as provided herein.
2. COMPENSATION
2.1 In accordance with the Schedule of Billing Rates attached as Exhibit D
incorporated herein by reference, City shall collect all resident and non-resident
registration fees, when applicable, for the program that operates four (4) seasons per
year. Contractor shall be responsible for all costs associated with the administration of
the Program as further described in the Scope of Services attached hereto as Exhibit C.
3. DUTIES OF CITY
3.1 Registration. City shall register all participants and shall collect all
enrollment fees. Contractor shall not accept enrollment fees directly from a participant
unless City approves, in advance and in writing, the acceptance of enrollment fees by
Contractor.
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 Class without charging
Contractor any rental fees, unless otherwise agreed by the parties. Contractor will
request dates and times for the Classes and City will inform Contractor if the facility is
available. It is Contractor's sole responsibility to request these dates/times; City will not
schedule Contractor's Classes without receiving date/time requests from Contractor. City
facilities shall only be used for Classes authorized by the City under this Agreement.
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;
3.4.2 The participant drops a Class that is a one (1) day or more
workshop at least five (5) City business days before the workshop begins; or
3.4.3 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 City's registration
system. Contractor is responsible for requesting log -in and password information from
City for use of the registration system.
4. CONTRACTOR DUTIES
4.1 Contractors. Contractor hereby certifies that it, or any subcontractor,
representative or employee (collectively 'Representative" or "Representatives") who will
be administering the Program or assisting in administering the Program are qualified to
do so, and qualified to perform the services described above and in the Program outline
submitted to City. Contractor is responsible for all Program curriculum development.
Contractor is responsible for training, supervising, evaluating, scheduling, and any other
requirements by law for all Representatives. Contractor warrants that it will continuously
furnish the necessary personnel to provide the Program(s) as contemplated by this
Agreement. Contractor and any Representative(s) shall perform the duties in accordance
with the Scope of Services attached hereto as Exhibit D.
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 A, 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:
will not be using Representatives.
Darryl Clark DBA Hangtime Sports Page 2
I will be using Representatives. Any completed and approved Forms
shall be incorporated herein by reference. 1 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. Any assignment in violation of this section
shall be null and void.
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 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 its place of business, or some other non City -owned site or facility, such location
shall be first approved in writing by the City, which approval may be granted or conditioned
Darryl Clark DBA Hangtime Sports Page 3
by City in its sole and absolute discretion. Upon said written consent by City, Contractor
must:
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 Class;
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.
4.10 Contractor Informational Meeting. Contractor shall attend meetings with the
Recreation Sports Supervisor or his or her designee when requested and maintain an
open and regular dialogue with the City and the Recreation Sports Supervisor or his or
her designee regarding Program matters.
4.11 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, an "Emergency Contact Information Form."
City can provide a sample if needed.
4.12 Sign -Out Sheets. All camp 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 online through the instructor login. All camp 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;
Darryl Clark DBA Hangtime Sports Page 4
4.13.3 Injuries 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, 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 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.
5. PROJECT ADMINISTRATOR
This Agreement will be administered by the Recreation & Senior Services
Department. 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.
Darryl Clark DBA Hangtime Sports Page 5
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.: Laura Detweiler
Recreation & Senior Services Director
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.: Darryl Clark
PO Box 2138
Carlsbad, CA 92018-2138
760-715-2377
hangtimesports@hotmail.com
7. INDEPENDENT CONTRACTOR
The parties intend and agree that at all times during the performance of services
under this Agreement, Contractor and Representatives shall act as an Independent
Contractor and shall not be considered an agent or employee of City. As such, Contractor
shall have the sole legal responsibility to remit all federal and state income and Social
Security taxes and to provide for its own workers compensation and unemployment
insurance and that of its Representatives. Contractor also agrees to provide liability
insurance as required by City and described more fully below and in Exhibit B. 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 B, and incorporated herein by reference.
Darryl Clark DBA Hangtime Sports Page 6
9. TRANSPORTING OF MINOR PARTICIPANTS
9.1 Unless the Program specifically involves travel or transportation of minors
to an offsite location, Contractor or its Representatives, shall not transport any minor
participant by vehicle or otherwise.
9.2 If, after the conclusion of any Class session, a minor participant has not
been picked up, Contractor shall make every effort to contact the minor's parent, legal
guardian, or other authorized individual to whom the minor may be released. If no contact
can be made with any of the above individuals, Contractor shall contact the City
Recreation Supervisor or Recreation Manager at the Recreation & Senior Services Office
at (949) 644-3151 (Monday through Friday, 8 a.m. to 5 p.m.), or the Park Patrol Division
at (949) 795-2381 (Monday through Friday, 5 p.m. to 9 p.m. and Saturday and Sunday,
9 a.m. to 5 p.m.). During all other hours, Contractor shall contact the Newport Beach
Police Department Dispatch number for assistance at (949) 644-3717.
10. CONFIDENTIALITY; OWNERSHIP OF DOCUMENTS
All Class rosters, participant addresses and contact information, and any other
such information or documents compiled by City and provided to Contractor, shall remain
the property of City. Contractor shall not release such information to others without the
prior written authorization by City. Contractor shall not use such information for any other
purpose than that authorized by City. All Class rosters, Class participant addresses and
contact information shall be used by Contractor solely for administration of Classes and
performing City business. Contractor shall take reasonable steps consistent with the law
to prevent distribution of such information. Contractor's obligations under this Section
shall survive the termination of this Agreement.
11. USE OF NAMES AND LOGOS; ADVERTISING, PRESS RELEASES AND
PUBLICITY
Contractor shall not include City's name, seal, logos or insignia, or photographs of
the Class site or participants, in any publicity pertaining to Contractor's services or Class
in any magazine, trade paper, newspaper, radio or television production, Internet, or other
printed or electronic medium without the prior written consent of City and participants.
12. BUSINESS LICENSE
Newport Beach Municipal Code Chapter 5.04 provides that every business
operating in City must obtain a business license prior to conducting business in City and
pay the required business license tax. The City business license tax is an annual fee due
every twelve (12) months. Contractor agrees to obtain a City business license as required
by Chapter 5.04 and provide proof of compliance annually. Business license applications
are available in the Revenue Division Office 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.
Darryl Clark DBA Hangtime Sports Page 7
13. INDEMNIFICATION
13.1 General. Contractor shall indemnify, defend and hold harmless City, its
elected and appointed officers, employees, agents, volunteers, representatives, the City
Council, boards and commissions, 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.
13.2 Intellectual Property. Contractor shall defend, indemnify, and hold harmless
the Indemnified Parties from any claim of infringement or other proceedings brought
against City for any intentional or unintentional violation by Contractor of the displayed,
or written or digital materials provided by Contractor and used during the performance of
this Agreement. Such legally protected rights of third parties include but are not limited
to trade secrets, moral rights, proprietary acts, U.S. patents, trademarks, service marks
and copyrights vested or issued as of the Effective Date of this Agreement. If Contractor
will be providing a public performance of musical compositions or arrangements that are
subject to a license held by a third party, it is the responsibility of Contractor to obtain the
appropriate license to perform the material prior to the public performance.
14. TERMINATION
City has the right, at its sole discretion and with or without cause, to terminate this
Agreement at any time by giving seven (7) 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.
15. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under the Agreement, Contractor shall submit to City in writing,
all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to all claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (California Govt. Code
§§ 900 et seq.).
16. STANDARD PROVISIONS
16.1 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
Darryl Clark DBA Hangtime Sports Page 8
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
16.2 Waiver. A waiver by City of any term, covenant, or condition in the
Agreement shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition.
16.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and Agreements of whatsoever kind or nature are merged
herein. No verbal contract or implied covenant shall be held to vary the provisions herein.
16.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
16.5 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
16.6 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
16.7 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
16.8 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
16.9 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
16.10 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
16.11 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES ON NEXT PAGE]
Darryl Clark DBA Hangtime Sports Page 9
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date:
2,0Date: 5 • '► 1�i
By: '�as.1�a.
By: �
�/•. Aaron C. Harp t{• �Q} L ur Detweiler
City Attorney R cation 8'S
Senior Services Director
ATTEST:
Date: J ,
BrownLeilani 1.
City Clerk
Attachments: Exhibit A -
Exhibit B -
Exhibit C -
Exhibit D -
CONTRACTOR: Darryl Clark, a sole
proprietor doing business as ("DBA")
Hangtime Sports
Date: 6/t 201't
I
By:
Darryl CI
Hangtime Sports
[END OF SIGNATURES]
- Representative Approval Form
- Insurance Information
- Scope of Services
- Schedule of Billing Rates
Darryl Clark DBA Hangtime Sports Page 10
EXHIBIT A
REPRESENTATIVE APPROVAL FORM
PLEASE PRINT LEGIBLY
CONTRACTOR NAME:
REPRESENTATIVE: NAME:
ADDRESS:
CITY, STATE ZIP:
DATE OF BIRTH: PHONE##
EMAIL:
SIGNATURE OF REPRESENTATIVE: DATE
-- ---------------------
CITY USE ONLY
CONTRACT ##:
FINGERPRINTS: O YES O NO
BACKGROUND:
O YES
O NO
CLEARED
CLEARED TO
O YES
No
WORK
PHOTO TAKEN:
O YES
NO
CONTRACTOR
O YES
O NO
NOTIFIED BY EMAIL
Darryl Clark DBA Hangtime Sports A-1
EXHIBIT B
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
Darryl Clark DBA Hangtime Sports B-1
a business contract) with no endorsement or 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.
Darryl Clark DBA Hangtime Sports B-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:
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.
4. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
Darryl Clark DBA Hangtime Sports B-3
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.
Darryl Clark DBA Hangtime Sports B-4
EXHIBIT C
SCOPE OF SERVICES
1. ADULT BASKETBALL 5v5 LEAGUE STRUCTURE - Four seasons per year:
1.1 Seasons - Specific season commencement dates will be provided by the
City at the end of the year.
• Winter (begins on or about January of each year)
• Spring (begins on or about April of each year)
• Summer (begins on or about July of each year)
• Fall (begins on or about September of each year)
1.2 Season will consist of 8 -10 -games — not including playoff games
1.3 Games may be played Monday through Thursday and Sundays.
1.4 Week night game times: (typical game times are determined based on the
availability of the gymnasium and subject to change)
• 6 -team leagues — 6:30pm, 7:30pm, 8:30pm
• 8 -team leagues — 6:15pm, 7:15pm, 8:15pm, 9:15pm
1.5 Weekend game times: (typical game times are determined based on the
availability of the gymnasium and subject to change)
• 6 -team leagues — between 4:00pm and 7:00pm
• 8 -team leagues — between 4:00pm and 8:00pm
1.6 Gymnasiums
• Ensign School Gym
• Eastbluff Gym
• Lincoln Athletic Center
• Newport Coast Community Center
• West Newport Community Center
Darryl Clark DBA Hangtime Sports C-1
2. ADULT VOLLEYBALL LEAGUE STRUCTURE - Four seasons per year:
2.1 SEASONS —Specific season commencement dates will be provided by the
City at the end of the year.
• Winter (begins on or about January of each year)
• Spring (begins on or about April of each year)
• Summer (begins on or about July of each year)
• Fall (begins on or about September of each)
2.2 Season will consist of 6 -10 -games — not including playoff games
2.3 Games may be played Monday through Thursday
2.4 Week night game times: (typical game times are determined based on the
availability of the gymnasium and subject to change)
• 6 -team leagues — 6:30pm, 7:30pm, 8:30pm
• 8 -team leagues — 6:15pm, 7:15pm, 8:15pm, 9:15pm
2.5 Gymnasiums
• Eastbluff Gym
• Lincoln Athletic Center
• Newport Coast Community Center
• West Newport Community Center
3. CONTRACTOR RESPONSIBILITIES/PROVISIONS
Contractor shall be expected to assist in the promotion, organization and operation
of the City of Newport Beach Recreation & Senior Services Department's Adult Basketball
and Volleyball program, to including the following:
3.1 Administration
Contractor, designated representatives, and officials shall cooperate fully with the
City's Adult Basketball Program, including meeting with the City's Project Administrator
or his/her designee when requested, making assignment changes, including removal
when in the interest of the program, and maintaining an open and regular dialogue with
the City and the City's Project Administrator or his or her designee regarding program
matters.
Contractor's Project Manager, shall notify the City's Project Administrator or his or
designee of any problems or changes in Contractor's assignments of officials due to
causes within Contractor's reasonable control no later than twenty-four (24) hours prior
to each scheduled game. When this notice is not possible, Contractor agrees to notify the
City's Recreation Sports Supervisor or his or designee immediately.
Contractor shall provide payment to all assigned officials and scorekeepers.
Darryl Clark DBA Hangtime Sports C-2
Contractor shall provide City Project Administrator with access to database of
certified officials as assigned upon request; must include names, addresses, phone
numbers and current certifications for all officials working under Contractor's employment.
Contractor's Project Manager shall provide the City with an evaluation report of all
assigned officials, including the evaluation process, training procedures and certification
requirements upon request.
Contractor shall be responsible for keeping and submitting a bi-weekly log of player
misconduct, ejections, and technical fouls.
Contractor's Project Manager shall report and provide the City with an assessment
of any rule or game related disputes, protests, or facility related issues within twenty-four
(24) hours following the game in question.
Contractor's Project Manager shall be required to attend any and all league
manager meetings.
Contractor may referee games throughout the week as long as assignments are
rotated consistently throughout all divisions during each season. In the event that the
Contractor is refereeing, a designated representative shall be appointed as primary
league contact and Project Manager during such time periods.
Contractor's Project Manager shall update game scores, forfeits, and standings
through the City designated website no later than twenty-four (24) hours after each
scheduled game.
Contractor shall ensure that all assigned officials are aware of, and will comply
with, any extra officiating obligations, including but not limited to:
• Filing misconduct reports in written form with the City's Project Administrator or
his or her designee within twenty-four (24) hours following incidents such as
fighting and ejections;
• Filing accident reports in written form with the City's Project Administrator or
his or her designee within twenty-four (24) hours following game related injuries
or accidents; and
• Fully cooperate and communicate with the City's Project Administrator or his or
her designee for matters pertaining to the adult basketball or volleyball program
and City.
3.2 Assigning Duties for Adult Basketball
Contractor will assign experienced officials with two (2) or more years of
experience that can competently officiate games in accordance with City rules and
regulations, National Federation of State High School Association rules, and any and all
other policies or procedures governing adult basketball leagues and tournaments.
Darryl Clark DBA Hangtime Sports C-3
Contractor will only assign officials that are able to traverse the entire area of a
basketball court as necessitated by typical game play.
Contractor shall assign two (2) officials per game and one (1) scorekeeper.
Contractor will assign scorekeepers that are trained and certified in use of an
Automated External Defibrillator ("AED") and First -Aid.
3.3 Basketball Officials / Scorekeepers
Contractor shall ensure that all responsibilities and requirements of officials and
scorekeepers are fulfilled including, but not limited to:
• Wearing company uniform;
• Arriving at the site fifteen (15) minutes prior to game time and inspecting the
court for safety related issues;
• Dry mopping the gymnasium floor and inspecting the playing site before the
scheduled game start time;
• Meeting with team managers prior to each game to review game rules;
• Maintaining timely rate of play and ensuring that games adhere to their allotted
time limits;
• Verifying all participants have signed the season's roster and ensure score
sheets are filled out with both team's lineup prior to game time. Officials may
be required to conduct identification checks periodically by matching specified
player(s) on the master roster with a requested picture identification;
• Keeping accurate score;
• Enforcing and administering City of Newport Beach Adult Basketball program
League Rules & City of Newport Beach Participant Code of Conduct;
• Ability to maintain a positive rapport and open line of communication with team
managers and players;
• Maintaining the general organization and cleanliness of relevant storage areas;
• Locking up the following facilities after use: Ensign school Gym, Eastbluff Gym,
Lincoln Athletic Center, and West Newport Community Center; and
• Distributing awards to winning team at the last game of each season, as
supplied by the City.
Darryl Clark DBA Hangtime Sports C-4
3.4 Assigning Duties for Adult Volleyball
Contractor will assign experienced officials who are adequately trained and
knowledgeable regarding the rules and play of volleyball.
Contractor will only assign officials that are able to stand the entire length of a
volleyball match as necessitated by typical game play.
Contractor shall assign one (1) official per game.
Contractor will assign officials that are trained and certified in AED and First
Aid.
3.5 Volleyball Officials
Contractor shall ensure that all responsibilities and requirements of officials are
fulfilled including, but not limited to:
• Wearing company uniform.
• Arriving at the site fifteen (15) minutes prior to game time and
inspecting the court for safety related issues.
• Setting up the volleyball net, poles and antenna prior to game time
and putting them away after the completing of the games in the
relevant storage area.
• Dry mopping the gymnasium floor and inspecting the playing site
before the scheduled game start time.
• Meeting with team managers prior to each game to review game
rules.
• Maintaining timely rate of play and ensuring that games adhere to
their allotted time limits.
• Verifying all participants have signed the master roster and ensure
score sheets are filled out with both team's lineup prior to game time.
Officials may be required to conduct ID checks periodically by
matching specified player(s) on the master roster with a requested
picture ID.
• Keeping accurate score.
• Enforcing and administering City of Newport Beach Adult Volleyball
program League Rules & City of Newport Beach Participant Code of
Conduct.
• Ability to maintain a positive rapport and open line of communication
with team managers and players.
• Maintaining the general organization and cleanliness of relevant
storage areas.
• Locking up the following facilities after use: Lincoln Athletic Center,
Newport Coast Community Center, and West Newport Community
Center
Darryl Clark DBA Hangtime Sports C-5
Distributing awards to winning team at the last game of each season,
as supplied by the City.
4. CITY RESPONSIBILITIES/PROVISIONS
City shall provide score sheets, team rosters, and blank accident/incident report
forms.
City shall follow-up with reports stemming from player misconduct, ejections and
technical fouls as needed.
City shall provide Contractor with game schedules for all leagues.
City shall provide keys to the following facilities: Ensign School Gym, Eastbluff
Gym, Lincoln Athletic Center, and West Newport Community Center.
City shall provide the maintenance of the Newport Coast Community Center
gymnasium and will serve as the point of contact for the maintenance of Ensign School
Gym, Eastbluff Gym, Lincoln Athletic Center, and the West Newport Community Center.
City shall provide first aid supplies at all gymnasiums, including AED units.
City shall provide opportunities for AED training for scorekeepers that are not
currently certified.
City shall provide awards to all league or tournament champions in all divisions,
including individual awards to all players on the winning champion team up to ten (10).
5. FINGERPRINTS AND CRIMINAL BACKGROUND CHECK
Contractor, basketball scorekeepers, and volleyball officials 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 being assigned to any adult basketball league
game. Contractor, volleyball officials, and scorekeepers are required to submit fees at
City's cost pursuant to the administrative fee schedule (NBMC §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.
Any and all referees that are provided by Contractor at any Volleyball for Basketball
games, as provided above, shall have passed a criminal background check investigation
conducted through Contractor. Should City request verification from Contractor at any
time as to whether a particular referee has passed a background check, Contractor shall
provide evidence of same.
Darryl Clark DBA Hangtime Sports C-6
EXHIBIT D
SCHEDULE OF BILLING RATES
Adult Basketball
$30 each for two (2) referees per game
$17 Scorekeeper fee per game
$9 Administrative & Assigning fee per game
• Contractor shall provide payment to all assigned officials and scorekeepers.
• Contractor shall submit invoices as scheduled with the City's Recreation
Sports Supervisor. Payment for services shall be made weekly based on
approved invoices, with payment terms of Net 30 days upon approval of
invoice.
• Contractor shall be compensated for the following:
o Scheduled and completed games.
o Forfeits that occur the day of the scheduled games.
• One (1) game following weather and maintenance/facility related cancellations, in
which the official(s) stays on site to notify arriving teams of the cancelled game(s).
• Contractor shall not be compensated for the following fees:
o Unforeseen maintenance/facility related cancellations notified before
5:00pm on the day of games.
o Forfeited or cancelled games by City so long as Contractor is notified
more than twenty-four (24) hours in advance.
o Any game where a referee or scorekeeper is not present for the
duration of game.
Darryl Clark DBA Hangtime Sports D-1
Adult Volleyball
Fixed compensation of Thirty -Two Dollars and 00/100 ($32.00) per volleyball game with
one (1) referee. This includes the following:
$28 for one (1) Referee per game
$4 Administrative & Assigning fee per game
• Contractor shall provide payment to all assigned officials.
• Contractor shall submit invoices as scheduled with the City's Recreation
Sports Supervisor. Payment for services shall be made weekly based on
approved invoices, with payment terms of Net 30 days upon approval of
invoice.
• Contractor shall be compensated for the following:
o Scheduled and completed games.
o Forfeits that occur the day of the scheduled games.
o One (1) game following weather and maintenance/facility related
cancellations, in which the official(s) stays on site to notify arriving
teams of the cancelled game(s).
• Contractor shall not be compensated for the following referee fees:
o Unforeseen maintenance/facility related cancellations notified before
5:OOpm on the day of games.
o Forfeited or cancelled games by City so long as Contractor is notified
more than twenty-four (24) hours in advance.
o Any game where a referee is not present for the duration of game.
Darryl Clark DBA Hangtime Sports D-2
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 8/16/18 Dept./Contact Received From: Teri
Date Completed: 10/9/18 Sent to: Teri By: Jan
Company/Person required to have certificate: Darryl Clark
Type of contract: Recreation
GENERAL LIABILITY
® N/A
EFFECTIVE/EXPIRATION DATE: 8/1/18 - 8/1/19
❑ No
A. INSURANCE COMPANY: Arch Insurance Company
❑ N/A
B. AM BEST RATING (A- : VII or greater): A+/ XV
®No
C. ADMITTED Company (Must be California Admitted):
❑ N/A
Is Company admitted in California?
® Yes ❑ No
D. LIMITS (Must be $1M or greater): What is limit provided?
$1M/$5M
E. ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
❑ Yes ❑ No
G. ADDITIONAL INSURED FOR PRODUCTS AND
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
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
is not limited solely by their negligence) Does endorsement
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
AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: On File Per Teri Craia 8/15/18
A. INSURANCE COMPANY:
B. AM BEST RATING (A-: VII or greater)
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $211A min for Waste Haulers): What is limits provided?
E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
N/A
❑ Yes ❑ No
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
WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: On File Per Teri Craig 8/15/18
A. INSURANCE COMPANY:
B. AM BEST RATING (A-: VII or greater):
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
H. 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?
❑ 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
Agent OrAmant Insurance Servms
Broker of record for the City of Newport Beach
Date
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