HomeMy WebLinkAboutC-5624 - Sports Official AgreementCITY OF NEWPORT BEACH
e) RECREATION & SENIOR SERVICES DEPARTMENT
SPORTS OFFICIAL AGREEMENT
This SPORTS OFFICIAL AGREEMENT ("Agreement") is made and entered into
as of this 1st day of May, 2015 by and between the City of Newport Beach, a California
municipal corporation and charter city ("City"), and Rich Kelly, an Independent
Contractor skilled as a Youth Flag Football Referee ("Sports Official") for officiating,
scoring and timing services at scheduled City youth football games to be agreed upon.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on December 31, 2015 unless terminated earlier as provided herein.
2. COMPENSATION
A. Youth Flag Football Referee
City shall pay Sports Official when
Referee Twenty Five Dollars and
game.
serving as a Youth Flag Football
00/100 ($25.00) for each complete
City shall pay Sports Official when serving as a Youth Flag Football
Referee Twenty Five Dollars and 00/100 ($25.00) for each time that City
fails to provide Sports Official at least twenty-four (24) hours' notice of a
game's cancellation or forfeiture. Exception to this rule is that the Sports
Official shall be paid for one (1) game if cancellation on any given date is
due to rain or field conditions and Sports Official appeared at the game
site as scheduled.
Sports Official shall pay City Twenty Five Dollars and 00/100 ($25.00) for
each game that Sports Official fails to provide at least twenty four (24)
hours' notice to the City's Sports Coordinator or Recreation Supervisor of
any absence unless Sports Official obtained approval to use a substitute
from the City's Youth Flag Football Officials List.
3. DUTIES OF CITY
A. Registration. City shall register all participants for City Youth Football
and collect all enrollment fees.
B. Facility. City shall provide a game site for football games. City shall also
provide all necessary utilities.
4. SPORTS OFFICIAL'S DUTIES
A. Specific Duties
Youth Football Referee. The Sports Official is responsible for a number of
administrative actions that include, but are noted limited to, the game
clock, the score, the safety of players on the field, and any possible
elimination of players, which can occur for a variety of reasons. The
Sports Official must ensure that the game runs smoothly, and this
encompasses a variety of different responsibilities, from calling the game
to player and spectator management. They also carry a duty of care to
the players they officiate, and to ensure that the field and all equipment
used is in a safe and usable condition. Should there be an issue that
inhibits the safe playing of the game, it is the job of the Sports Official to
rectify the problem.
B. Anti -Discrimination Laws
Sports Official agrees and certifies that, except as permitted by law, 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 or sexual
orientation, or any other impermissible basis under law, be excluded from
participation in or be denied the benefits of the services provided pursuant
to this Agreement, and Sports Official agrees not to discriminate on said
grounds in the hiring and retention of employees and Sports Official,
unless authorized under Section 12940 of the California Government
Code. Sports Official shall, where applicable, conform to the requirements
of the Americans with Disabilities Act in the performance of this
Agreement.
C. Contact Information. Sports Official 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.
D. Other Requirements
Sports Official shall:
i. Cooperate fully with all reasonable requests from City staff.
ii. Maintain the highest degree of participant safety possible.
iii. Immediately report to the Recreation & Senior Services Office of
any injuries.
Rich Kelly Page 2
iv. Immediately report to the Recreation & Senior Services Office any
damage to a field that could cause potential injury to a league
participant, or other needed maintenance repairs.
V. Clear all participants from the designated area at the end of game
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.
vi. Know facility rules and regulations and provide pertinent
information,
vii. Abide by all City policies and procedures.
E. Direct Deposit. Sports Official is required to use direct deposit for
payments made from the City pursuant to this Agreement.
F. Email. Sports Official is required to provide City with a current email
address.
5. INDEPENDENT CONTRACTOR
The parties intend and agree that at all times during the performance of services under
this Agreement; Sports Official shall act as an Independent Contractor and shall not be
considered an agent or employee of City. As such, Sports Official shall have the sole
legal responsibility to remit all federal and state income and social security taxes and to
provide for his/her own workers compensation and unemployment insurance and that of
his/her employees or representative. Sports Official also agrees to provide liability
insurance as required by City and described more fully below. City shall not be liable
for any payment or compensation in any form to Sports Official other than as provided
herein. City reserves the right to employ other independent contractors and Sports
Officials who perform the same services. City shall provide Sports Official with IRS
Form 1090 or other applicable IRS forms at the end of the calendar year for all
compensation paid to Sports Official by City.
6. INSURANCE
A. General Liability Insurance. Sports Official must provide and maintain at
all times general liability insurance in an amount not less than One Million
Dollars ($1,000,000) per occurrence for bodily injury, personal injury, and
property damage. The policy shall carry a general liability special
endorsement naming the City of Newport Beach, its elected or appointed
officers, employees, agents and volunteers as additional named insured in
the amount of One Million Dollars ($1,000,000) per occurrence. Evidence
of insurance certificate shall be sent to the Recreation & Senior Services
Department and must be approved by the City Risk Manager or designee
prior to the first Class/day of instruction.
Rich Kelly Page 3
Sports Official shall have the option of purchasing coverage
through the City of Newport Beach's Special Event insurance
program, or through Southern California Municipal Athletic
Federation ("SCMAF") or providing its own coverage. If a Sports
Official elects to obtain its own coverage, said coverage must have
the policy limits described above and be provided by an insurance
carrier with a Best's Insurance Guide Rating of A- (or higher) and
Financial Size Category Class of VII (or larger).
ii. Sports Official's insurance coverage shall be primary insurance
and/or primary source of recovery with respect to City, its elected or
appointed officers, agents, officials, employees and volunteers with
respect to all claims, losses or liability arising directly or indirectly
from Sports Official's operations or Service provided to City. Any
insurance or self-insurance maintained by City, its officers, officials,
employees and volunteers shall be excess of Sports Official's
insurance and shall not contribute with it.
iii. Said policy must also provide a written thirty (30) day notice of
cancellation, or ten (10) day written notice for non-payment of
premium, to the City of Newport Beach Recreation & Senior
Services Department, at the following address: P.O. Box 1768,
Newport Beach, CA 92658.
B. Workers' Compensation Insurance. By executing this Agreement, Sports
Official certifies that Sports Official is aware of and will comply with
-Section 3700 of the Labor Code of the State of California requiring every
employer to be insured against liability for workers' compensation or to
undertake self-insurance before commencing any work. Sports Official
shall carry the insurance or provide for self-insurance required by
California law to protect said Sports Official from claims under the
Workers' Compensation Act.
The insurer issuing the Workers' Compensation insurance shall
amend its policy by endorsement to waive all rights of subrogation
against City, its elected or appointed officers, agents, officials,
employees and volunteers. Sports Official shall submit to City,
along with the required certificate of insurance, a copy of such
waiver of subrogation endorsement.
ii. in the event Sports Official has no employees requiring Sports
Official to provide Workers' Compensation insurance, Sports
Official shall so certify to City in writing prior to City's execution of
this Agreement.
C. Automobile Liability Coverage. Sports Official shall maintain automobile
insurance covering bodily injury and property damage for all activities of
Rich Kelly Page 4
Sports Official arising out of or in connection with work to be performed
under this Agreement, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount not less than One Million Dollars
($1,000,000) combined single limit for each occurrence, or as approved by
City's Risk Manager or his/her designee.
D. Please initial the statement that applies:
Sports Official shall provide a copy of the General Liability
Insurance with Additional Insured Endorsement that meets the
above requirements.
Sports Official 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. Please note that SCMAF does not provide coverage for
Worker's Compensation or Automobile Insurance Liability.
7. FINGERPRINTS AND CRIMINAL BACKGROUND CHECK
Sports Official 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 taking an
assignment. Sports Officials are required to submit fees 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 are required to be updated every five (5) years. This
requirement is mandatory.
8. INDEMNIFICATION
To the fullest extent permitted by law, Sports Official shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers,
and employees (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any work performed or services provided under this Agreement including,
without limitation, Sport Official's presence or activities conducted on the games
(including the negligent and/or willful acts, errors and/or omissions of Sports Official, its
principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors,
anyone employed directly or indirectly by any of them or for whose acts they may be
liable or any or all of them).
Rich Kelly Page 5
Notwithstanding the foregoing, nothing herein shall be construed to require the Sports
Official to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity
shall be construed as authorizing any award of attorneys' fees in any action on or to
enforce the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by the Sports Official.
9. 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 Sports
Official. In the event of termination under this Section, City shall pay Sports Official for
any games attended, if any, up to the effective date of termination, and Sports Official
shall pay City for each game that Sports Official fails to provide at least twenty four (24)
hours' notice to the City's Assistant Sports Coordinator or Supervisor of any absence, if
any, unless Sports Official obtained approval to use a substitute from the City's Youth
Flag Football Officials List.
10. 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.
All notices, demands, requests or approvals from Sports Official to City shall be
addressed to City at:
Attn.: Recreation Supervisor
Recreation and Senior Services Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
Phone: 949-644-3151
All notices, demands, requests or approvals from City to Sports Official shall be
addressed to Sports Official at the contact information provided in this Agreement.
11. STANDARD PROVISIONS
A. Compliance with all Laws. Sports Official shall at its own cost and
expense comply with all statutes, ordinances, regulations and
Rich Kelly Page 6
requirements of all governmental entities, including federal, state, county
or municipal, whether now in force or hereinafter enacted.
B. 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.
C. 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.
D. Amendments. This Agreement may be modified or amended only by a
written document executed by both Sports Official and City and approved
as to form by the City Attorney.
E. Effect of Contractor's Execution. Execution of this Agreement by
Sports Official is a representation that Sports Official has visited the game
sites, has become familiar with the local conditions under which the work
is to be performed, and has taken into consideration these factors in
submitting its proposal.
F. 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.
G. Notice of Claims. Unless a shorter time is specified elsewhere in this
Agreement, before making its final request for payment under the
Agreement, Sports Official shall submit to City, in writing, all claims for
compensation under or arising out of this Agreement. Sport Official'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 Sports Official in writing as
unsettled at the time of its final request for payment. The Sports Official
and the City expressly agree that in addition to all claims filing
requirements set forth in the Agreement, the Sports Official shall be
required to file any claim the Contractor may have against the City in strict
conformance with the Government Claims Act (Govt. Code §§ 900 et
seq. ).
H. 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,
Rich Kelly Page 7
1. 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.
J. Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which
together shall constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Rich Kelly Page 8
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATT S OFFICE
Date:
I
Aar, n ¢. Harp C, U Pay
City orney ^h'
ATTEST:
Date: 1. Jit Aa
By: W o . -
Leilani I. Brown
City Clerk np `1Eiy
CITY OF NEWPORT BEACH,
A California municipal corporation
D e:6- z9 - is
By
�L�ura Detweilegirector
f�jcreatlon & Senior Services
INDEPENDENT CONTRACTOR: Sports
Official
Date:
By: Nl' .
Rich Kelly
Sports Official
as: Youth Flag Football Referee
Type of Official
Rich Kelly Page 9
N CITY OF NEWPORT BEACH
RECREATION & SENIOR SERVICES DEPARTMENT
SPORTS OFFICAL AGREEMENT
l
U as of this
SPORTS OFFICIAL AGREEMENT ("Agreement") is made and entered into
his 13th day of September, 2013 by and between the City of Newport Beach, a
California municipal corporation and charter city ("City"), and RICH KELLY, an
Independent Contractor skilled as a Flag Football Referee, and/or Softball Umpire
("Sports Official") for officiating, scoring and timing services at scheduled City youth
football and adult softball games to be agreed upon.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on December 31, 2014 unless terminated earlier as provided herein.
2. COMPENSATION
A. Youth Flag Football Referee
City shall pay Sports Official when serving as a Youth Flag Football Referee twenty-
five dollars and 00/100 ($25.00) for each complete game.
City shall pay Sports Official when serving as a Youth Flag Football Referee twenty-
five dollars and 00/100 ($25.00) for each time that City fails to provide Sports Official
at least twenty-four (24) hours notice of a game's cancellation of forfeiture.
Exception to this rule is that the Sports Official shall be paid for one (1) game if
cancellation on any given date is due to rain or field conditions and Sports Official
appeared at the game site as scheduled.
Sports Official shall pay City twenty-five dollars and 00/100 ($25.00) for each game
that Sports Official fails to provide at least twenty-four (24) hours notice to the City's
Assistant Sports Coordinator or Recreation Supervisor of any absence; unless
Sports Official obtained approval to use a substitute from the City's Flag Football
Official's List.
B. Softball Umpire
City shall pay Sports Official when serving as a Softball Umpire thirty dollars and
00/100 ($30.00) for each complete game.
City shall pay Sports Official when serving as a Softball Umpire thirty dollars and
00/100 ($30.00) for each time that City fails to provide Sports Official at least twenty-
four (24) hours notice of a game's cancellation or forfeiture. Exception to this rule is
that the Sports Official shall be paid for one game if cancellation on any given date is
r.
due to rain or field conditions and Sports Official appeared at the game site as
scheduled.
Sports Official shall pay the City thirty dollars and 001100 ($30.00) for each game
that Sports Official fails to provide at least twenty-four (24) hours notice to the City's
Assistant Sports Coordinator or Recreation Supervisor of any absence; unless
Sports Official obtained approval to use a substitute from the City's Softball Umpire's
List.
3. DUTIES OF CITY
A. Registration. City shall register all participants for City Youth Football and Adult
Softball Leagues and collect all enrollment fees.
B. Facility. City shall provide a game site for football and softball games. City shall
also provide all necessary utilities.
4. SPORTS OFFICIAL'S DUTIES
A. Specific Duties
Youth Football Referee. Responsible for a number of administrative actions that
include the game clock, the score, the safety of players on the field and any
possible elimination of players, which can occur for a variety of reasons. The
Sports Official must ensure that the game runs smoothly, and this encompasses
a variety of different responsibilities, from calling the game to player and
spectator management. They also carry a duty of care to the players they
officiate, and to ensure that the court and all equipment used is in a safe and
usable condition. Should there be an issue that inhibits the safe playing of the
game; it is the job of the Sports Official to rectify the problem.
Softball Umpire. Responsible for the control of the time and progress of athletic
event, enforce rules and regulations during play, and impose penalties
(ejections/suspensions) on teams or players when necessary. Softball Sports
Officials shall work independently, unless specified otherwise by the Recreation
Supervisor. Should there be an issue that inhibits the safe playing of the game; it
is the responsibility of the umpire to rectify the problem,
B. Anti -Discrimination laws
Sports Official agrees and certifies that, except as permitted by law, 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 or sexual orientation, or any other
impermissible basis under law, be excluded from participation in or be denied the
RICH KELLY Pagen
i0
benefits of the services provided pursuant to this Agreement, and Sports Official
agrees not to discriminate on said grounds in the hiring and retention of
employees and Sports Official, unless authorized under Section 12940 of the
California Government Code. Sports Official shall, where applicable, conform to
the requirements of the Americans with Disabilities Act in the performance of this
Agreement.
C. Contact Information. Sports Official 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.
D. Other Requirements
Sports Official shall:
i. Cooperate fully with all reasonable requests from City staff.
ii. Maintain the highest degree of participant safety possible.
iii. Immediately report to the Recreation & Senior Services Office of
any injuries.
iv. Immediately report to the Recreation & Senior Services Office any
damage to gymnasium or field that could cause potential injury to a
league participant, or other needed maintenance repairs.
V. Clear all participants from the designated area at the end of game
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.
ix. Close and secure the gym or building, if applicable, at the end of
each sporting event.
X. Turn off any lights, heat, air conditioning, or other utilities when last
game is finished.
xiii. Know facility rules and regulations and provide pertinent
information.
xv. Abide by all City policies and procedures.
E. Direct Deposit. Sports Officials is required to use direct deposit for
payments made from the City pursuant to this Agreement.
F. Email. Sports Official is required to provide City with a current email
address.
5. INDEPENDENT CONTRACTOR
The parties intend and agree that at all times during the performance of services under
this Agreement; Sports Official shall act as an Independent Contractor and shall not be
considered an agent or employee of City. As such, Sports Official shall have the sole
legal responsibility to remit all federal and state income and social security taxes and to
RICH KELLY Page 3
provide for his/her own workers compensation and unemployment insurance and that of
his/her employees or representative. Sports Official also agrees to provide liability
insurance as required by City and described more fully below. City shall not be liable
for any payment or compensation in any form to Sports Official other than as provided
herein. City reserves the right to employ other independent contractors and Sports
Officials who perform the same services. City shall provide Sports Official with IRS
Form 1090 or other applicable IRS forms at the end of the calendar year for all
compensation paid to Sports Official by City.
6. INSURANCE
A. _General Liability Insurance. Sports Official must provide and maintain at
all times general liability insurance in an amount not less than One Million
Dollars ($1,000,000) per occurrence for bodily injury, personal injury, and
property damage. The policy shall carry a general liability special
endorsement naming the City of Newport Beach, its elected or appointed
officers, employees, agents and volunteers as additional named insured in
the amount of One Million Dollars ($1,000,000) per occurrence. Evidence
of insurance certificate shall be sent to the Recreation & Senior Services
Department and must be approved by the City Risk Manager or designee
prior to the first Class/day of instruction.
Sports Official shall have the option of purchasing coverage
through the City of Newport Beach's Special Event insurance
program, or through Southern California Municipal Athletic
Federation ("SCMAF") or providing its own coverage. If a Sports
Official elects to obtain its own coverage, said coverage must have
the policy limits described above and be provided by an insurance
carrier with a Best's Insurance Guide Rating of A- (or higher) and
Financial Size Category Class of VII (or larger).
ii. Sports Official's insurance coverage shall be primary insurance
and/or primary source of recovery with respect to City, its elected or
appointed officers, agents, officials, employees and volunteers with
respect to all claims, losses or liability arising directly or indirectly
from Sports Official's operations or Service provided to City. Any
insurance or self-insurance maintained by City, its officers, officials,
employees and volunteers shall be excess of Sports Official's
insurance and shall not contribute with it.
iii. Said policy must also provide a written thirty (30) day notice of
cancellation, or ten (10) day written notice for non-payment of
premium, to the City of Newport Beach Recreation & Senior
Services Department, at the following address: P.O. Box 1768,
Newport Beach, CA 92658.
RICH KELLY Page 4
B. Workers' Compensation Insurance. By executing this Agreement, Sports
Official certifies that Sports Official is aware of and will comply with
Section 3700 of the Labor Code of the State of California requiring every
employer to be insured against liability for workers' compensation or to
undertake self-insurance before commencing any work. Sports Official
shall carry the insurance or provide for self-insurance required by
California law to protect said Sports Official from claims under the
Workers' Compensation Act.
The insurer issuing the Workers' Compensation insurance shall
amend its policy by endorsement to waive all rights of subrogation
against City, its elected or appointed officers, agents, officials,
employees and volunteers. Sports Official shall submit to City,
along with the required certificate of insurance, a copy of such
waiver of subrogation endorsement.
ii. In the event Sports Official has no employees requiring Sports
Official to provide Workers' Compensation insurance, Sports
Official shall so certify to City in writing prior to City's execution of
this Agreement.
C. Automobile Liability Coverage. Sports Official shall maintain automobile
insurance covering bodily injury and property damage for all activities of
Sports Official arising out of or in connection with work to be performed
under this Agreement, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount not less than One Million Dollars
($1,000,000) combined single limit for each occurrence, or as approved by
City's Risk Manager or his/her designee.
D. Please initial the statement that applies:
Sports Official shall provide a copy of the General Liability Insurance
with Additional Insured Endorsement that meets the above
requirements.
Sports Official shall utilize City -provided insurance through Southern
California Municipal Athletic Federation ("SCMAF") and will pay all
required fees billed on a yearly basis by City. Please note that SCMAF
does not provide coverage for Worker's Compensation or Automobile
Insurance Liability,
7. FINGERPRINTS AND CRIMINAL BACKGROUND CHECK
Sports Official 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 taking an
assignment. Sports Officials are required to submit fees to the City of Newport Beach,
Recreation & Senior Services Department, to cover all costs associated with
RICH KELLY
Page 5
fingerprinting through the City of Newport Beach Police Department and the Department
of Justice. Fingerprints are required to be updated every five (5) years. This
requirement is mandatory.
8. INDEMNIFICATION
To the fullest extent permitted by law, Sports Official shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers,
and employees (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any work performed or services provided under this Agreement including,
without limitation, Sport Official's presence or activities conducted on the games
(including the negligent and/or willful acts, errors and/or omissions of Sports Oficial, its
principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors,
anyone employed directly or indirectly by any of them or for whose acts they may be
liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require the Sports
Official to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity
shall be construed as authorizing any award of attorneys' fees in any action on or to
enforce the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by the Sports Official.
f�I=1Ch4III/_t1rLi7�l
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 Sports
Official. In the event of termination under this Section, City shall pay Sports Official for
any games attended, if any, up to the effective date of termination, and Sports Official
shall pay City for each game that Sports Official fails to provide at least twenty-four (24)
hours notice to the City's Assistant Sports Coordinator or Supervisor of any absence, if
any; unless Sports Official obtained approval to use a substitute from the City's Softball
Umpire's List.
10. 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
RICH KELLY Page
the third business day after the deposit thereof in the United States mail, postage
prepaid, first-class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Sports Official to City shall be
addressed to City at:
Attn.: Recreation Supervisor
Recreation and Senior Services Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
Phone: 949-644-3151
All notices, demands, requests or approvals from City to Sports Official shall be
addressed to Sports Official at the contact information provided on page 8 of this
Agreement.
11. STANDARD PROVISIONS
A. Compliance with all Laws. Sports Official 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.
B. 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.
C. 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 contracts of whatsoever kind or nature are
merged herein. No verbal contract or implied covenant shall be held to vary the
provisions herein.
D. Amendments. This Agreement may be modified or amended only by a written
document executed by both Sports Official and City and approved as to form by
the City Attorney.
E. Effect of Contractor's Execution. Execution of this Contract by Sports Official
is a representation that Sports Official has visited the game sites, has become
familiar with the local conditions under which the work is to be performed, and
has taken into consideration these factors in submitting its proposal.
F. Controlling Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this
RICH KELLY Page 7
Contract shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
G. Notice of Claims. Unless a shorter time is specified elsewhere in this
Agreement, before making its final request for payment under the Agreement,
Sports Official shall submit to City, in writing, all claims for compensation under
or arising out of this Agreement. Sport Official'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 Sports
Official in writing as unsettled at the time of its final request for payment. The
Sports Official and the City expressly agree that in addition to all claims filing
requirements set forth in the Agreement, the Sports Official shall be required to
file any claim the Contractor may have against the City in strict conformance with
the Government Claims Act (Govt. Code §§ 900 et seq.).
H. 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.
I. 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.
J. Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together
shall constitute one (1) and the same instrument.
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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: (0-$-(
City Attomey
rr .
ATTEST:
Date: /fl'16043
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: %v• le. rj
By:
L u)p Detweilerkjarector
Rkzration & Senior Services
INDEPENDENT CONTRACTOR: Sports
Official
Dater
KN[�. Kell r Serving as: FC>CPO �1\
Sports Official Name Type of Official
RICH KELLY Page 9
CITY OF NEWPORT BEACH
CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this Agreement is
entered into, I shall not employ any person in any manner so as to become subject to
the Workers' Compensation Laws of the State of California.
Executed on this � �,l P,day of X5 , 2013, at Prf-(y(wk , California.
RICH KELLY
RICH KELLY Page 10