HomeMy WebLinkAboutC-8165-4 - Independent Contractor Agreement Recreation InstructorINDEPENDENT CONTRACTOR AGREEMENT
RECREATION INSTRUCTOR
This Independent Contractor Agreement ("Agreement") is made and entered into
as of this 1 st day of November, 2025 ("Effective Date") by and between the City of Newport
Beach, a California municipal corporation and charter city ("City"), and Orange County
Football Academy Inc., a California corporation doing business as ("DBA") Matt Leinart
Flag Football ("Contractor"), to provide the classes or programs in 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 October 31, 2030, unless terminated earlier as provided herein.
2. COMPENSATION
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 an amount equal to Thirty -Five percent
(35%) 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 00/100 ($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
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").
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 Contractor.
3.5 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.
3.6 City shall also be responsible for those duties outlined in 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
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
Orange County Football Academy Inc. dba Matt Leinart Flag Football Page 2
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.
r17
-L 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.
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
Orange County Football Academy Inc. dba Matt Leinart Flag Football Page 3
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 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
Orange County Football Academy Inc. dba Matt Leinart Flag Football Page 3
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
by City in its sole and absolute discretion. Upon said written consent by City, Contractor
must:
R A
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 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, an "Emergency Contact Information Form."
City can provide a sample if needed.
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 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.
Orange County Football Academy Inc. dba Matt Leinart Flag Football Page 4
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 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
Instructor Handbook which is incorporated herein by reference. Contractor's signature on
this Agreement signifies acknowledgement of receipt and understanding of the Instructor
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 Mandated Reporter. Contractor acknowledges receipt of California Penal
Code sections 11164-11174.3 and Mandated Reporting of Child Abuse/Neglect at the
time of execution of the Agreement. Contractor accepts and assumes full responsibility
Orange County Football Academy Inc. dba Matt Leinart Flag Football Page 5
for role as a "Mandated Reporter", as defined by the California Penal Code. Contractor
agrees to train all of its staff, prior to working with children, of their role and responsibility
as a mandated reporter, as determined by law.
4.16 In addition to providing City with log -in and password information to
Contractor's Software Registration System, as specified in Section 3.5, 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.
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.
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
18 Rosenblum
Irvine, CA 92602
714-658-9360
rbertoni@mlflag.com
7. INDEPENDENT CONTRACTOR
7.1 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
Orange County Football Academy Inc. dba Matt Leinart Flag Football Page 6
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.
7.2 Contractor agrees and acknowledges that no individual performing Services
or Work pursuant to this Agreement shall: work full-time for more than six (6) months;
work regular part-time service of at least an average of twenty (20) hours per week for
one year or longer; work nine hundred sixty (960) hours in any fiscal year; or already be
a CalPERS member.
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 (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.
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
Orange County Football Academy Inc. dba Matt Leinart Flag Football Page 7
can be made with any of the above individuals, Contractor shall contact the City
Recreation Supervisor or Recreation Manager at the Recreation & Senior Services Office
at (949) 644-3151 (Monday through Friday, 8 a.m. to 5 p.m.), or the Park Patrol Division
at (949) 795-2381 (Monday through Friday, 5 p.m. to 9 p.m. and Saturday and Sunday,
9 a.m, to 5 p.m.). During all other hours, Contractor shall contact the Newport Beach
Police Department Dispatch number for assistance at (949) 644-3717.
11. CONFIDENTIALITY; OWNERSHIP OF DOCUMENTS
All 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
Orange County Football Academy Inc. dba Matt Leinart Flag Football Page 8
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 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 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.
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
Orange County Football Academy Inc. dba Matt Leinart Flag Football Page 9
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.
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]
Orange County 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: 6 / Z '
—6—
By: -f-
Aar n C. Harp �aS
City Attorney I�o�na
ATTEST:
Date: ' 3 ' ow t'z-
�a
u�
By: t �.
Molly Perry
Interim City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: /d ,(
By:
S a in
Re e Ion & Senior Services Director
CONTRACTOR: Orange County
Football Academy, Inc., a California
corporation doing business as ("DBA")
Matt Leinart Flag Football
Date:
ly:
Signed in Counterpart
Ryan Bertoni
Chief Executive Officer
Date:
Signed in Counterpart
William Crabtree
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 Policy
Exhibit D — Insurance Information
Orange County Football Academy Inc. dba Matt Leinart Flag Football Page 11
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:-6.."?. 447 5
By: 4/
A#on C. Harp
City Attorney
ATTEST:
Date:
0
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
... ..... .. . .... . ...... . .....
Sean Levin
Recreation & Senior Services Director
CONTRACTOR: Orange County
Football Academy, Inc., a California
corporation doing business as ("DBA")
Matt Lei na aS),Football
Date: d"T 7'-1
Rja—nBert6ni
Chief Executive Officer
Date: ( ( LA ( -)-
BY:,
Secr-,6fary
[END OF SIGNATURES]
Attachments: Exhibit A Scope of Services
Exhibit B Representative Approval Form
Exhibit C Youth Sports Commission: Member Requirements
& Field Allocation & Use Policy
Exhibit D Insurance Information
..........
Orange County 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 up to three (3) seasons per year:
- Spring (March -June)
- Fall (September -November)
- Winter (December -February)
- 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 View School
- Mariners Elementary School
- Newport Coast Elementary School
- Newport Heights Elementary School
1.1.9 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
Orange County Football Academy Inc. dba Matt Leinart Flag Football Page A-1
and a minimum of six (6) months advance notification will be provided
by the City to the Contractor.
1.1.10 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 at any time throughout the year. 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. Any purposed program shall operate outside of the school
hours.
1.2.3 Activities may take place:
- Monday -Friday between 8:30am-9:30pm
- Saturday -Sunday between 8:30am-Dusk
1.2.4 Activities may take place at any athletic field on City facilities.
1.2.5 Activity length, schedule, and location 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.
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
Orange County Football Academy Inc. dba Matt Leinart Flag Football Page A-2
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 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 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.
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:
Orange County Football Academy Inc. dba Matt Leinart Flag Football Page A-3
2.2.6.1 Monitor use and administer rules to all Program participants
and spectators according to the Recreation & Senior Services'
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.
Orange County Football Academy Inc. dba Matt Leinart Flag Football Page A-4
EXHIBIT B
REPRESENTATIVE APPROVAL FORM
PLEASE PRINT LEGIBLY
CONTRACTOR NAME:
REPRESENTATIVE: NAME:
ADDRESS:
CITY, STATE ZIP:
DATE OF BIRTH: PHONE#
EMAIL:
SIGNATURE OF REPRESENTATIVE: DATE
--------------------------------------------------
CITY USE ONLY
CONTRACT #:
FINGERPRINTS: YES NO
BACKGROUND: YES NO
CLEARED
CLEARED TO YES NO
WORK
PHOTO TAKEN: YES NO
CONTRACTOR YES
NO
NOTIFIED BY EMAIL
MANDATED YES
NO
REPORTER
Orange County Football Academy Inc. dba Matt Leinart Flag Football B-1
Exhibit C
Youth Sports Commission:
Member Requirements & Field Allocation & Use Policy
Orange County Football Academy Inc. dba Matt Leinart Flag Football C-1
YOUTH SPORTS COMMISSION
Member Requirements
Ell
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
Noticeof Non Use of Fields........................................................................................................10
Noticeof 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
Public Address System Use.......................................................................................................16
Storage and/or Concessions......................................................................................................16
Banners......................................................................................................................................16
Other.........................................................................................................................................17
CityCouncil Policy...................................................................................................................17
Violations....................................................................................................................................17
Overviewof 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 501 c(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 Fieldq.
Pre-Season/Tryouts
Pall
August 15-September 1
spring
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
Au ust
in December
In -Season Closing Date
Second Friday
in December
January 31
June 30
Last week of
Au ust
Post—Season/All Stars
As Available
December &
Early May -June
July
January
30
-71
Sport "In Season"
Football/Soccer
-
Baseball/Softball
I -
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 501 c(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.
Field Allocation Request Form and
Rosters From Previous Season
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:
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.
• 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.
Field Use Fee Due Dates
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 30t' 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
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.
19. 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
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
Wirit.erAl.locatiori (Synthetic Turf Field
Field Allocation Request Form and Previous Winter Rosters Due
only)
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 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
• 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 - http://www.irs.gov/pub/irs-
13df/f990ez.-odf; 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
3II
ARTiCLES OF INCORPORATION OF ENDORSED ret ryI�LEtte
Of the GWA 0 Ci4dDMl8
A California Nonprofit Public Benefit Corporation OCT 1
ARTICLE I
The name of this corporation is
ARTICLE iI
A This corporation is a nonprofit public benefit corporation and is not organized
for the private Jain of any person. It is organized under the Nonprofit Public
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 1936.
B, The specific purpose of this corporation is to promote art and science of film
making through education of the general 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:
Name:
Address:
ARTICLE IV
Notwithstanding any of the above statements cal purposes and pourers, this
corporation shalt not, except to an insubstantial degree, engage in any a0vities
or exercise any powers that are not in furtherance of the specific purposes of this
corporation.
ARTICLE V
The property of this corporation is Irrevocably dedicated to charitable purposes
and no part of the net income or assets of this corporation shatl ever inure to the
benefit of any director, officer or member thereof or to the benetit of any private
person, Upon the dissolution or winding up of the corpor-ation, its assets
remaining after payment, or provision for payment, of all debts and liabilities of
this corporation shall be distributed to a nonprofit fund, foundation or corporation
which is organized and operated exclusively for charitable purposes and which
has established its tax exempt status under Internal Revenge Code section
501(c)(3).
nc:orporator
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 23
INTERNAL REVENUE SERVICE
P. 0, Box 2508
CINCINNATI, OH 45201
DEPARTMENT OF THE TREASURY
Employer Identification Number:
Date: NOV 30 toll DLN:
601318124
Contact Person:
in#
Contact Telephone Number:
Accounting Period Ending:
December 31
Public Charity Status:
170 (b) (2) (A) (vi)
Form 990 Required:
Yes
Effective Date of Exemption:
May 4, 2011
Contribution Deductibility:
Yes
Addendum Applies:
No
Dear Applirnnt:
we are pleased to inform you that upon review of your application for tax
exempt statues we hay detPxjfii.nttd .r,hx* V«au are exempt from Pec?eMal near�e ta;r under section 5oi(c)(3) of the Internal Revenue Code. Contributions to you are
deductible under section 170 of the Code. You are also qualified to receive
tax deductible bequests, devises, transfers or gifts under section 2055, 2106
or 2522 of they Code. Because this letter could help resolve any questions
regarding your exempt status, you should keep it in your permanent records.
Drganizagions exempt under section 501(c)(3) of the Code are further classified
as either public charities or private foundations, we determined that you are
a public charity under the Code section(s) listed in the heading of this
letter.
Please see enclosed Publication 4221-PC, Compliance Guide for 501(c)(3) Public
Charities, for some helpful information about your responsibilities as an
exempt organization.
Enclosure: Publication 4221-PC
Sincerely,
Lois 0. Lerner
Director, Exempt organizations
Letter 947 (Db{CG)
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 24
Short Form C4A No. 16.t5,115D
ran,
990-EZ Return of Organization Exempt From Income Tax 20012
Ureter section ti01(cl, 527, or 4047(4)(1) of the Internet Revenue Code
(except bleak Itmg bench trust or prnata foutHfation)
Sponstxing orgsraxations W doctor advised funds, crpartizateans that operato one or more ho•pllal fareNHle
and certain oordrosklg organizations as defined in section 5121b)113h must tiie Form 090 tsee mstroulc1 n 11 (• • • •
All other organtzarinns with groat receipts loss than $200,000 and total assets be" than 6500,000
D[cmlrmrt of the lreasuy H the and 1N the year may we this form.
• •
Inforrtil A~ijo 9n'u°"' • The orwizabon nmy Awe* to trots co
M of Ihvs return to saN sty state reporting taquiremooM
A For the 2012 calendar year, or tax year bvgi fining , 2012, and ending , 20
a rr.]:] a „toK.91j. C Name of organization D EmptoYor Identlf ation number
❑ .1dAt]rg] CIWkj1
❑ u .v `liar Number irr'd street to e o bum, if mall is not Myoned it) groat addrasal -- j rwrrvi+t E 7Nephnna nunrtiaf
errs wam
CIIy rd trwR, ;t$CP hr eAUnrrj, •rNt zIP e 4
F Group Exerrgition
r'ri-aim p-w-V Number ►
Q AccountkV Method: U Ca:5h Aca ual CAhnr (specfi) ► H check ► ❑ If the ccgarvzativn is not
I Webstte: ! required to attach Schedule 8
3 Tax—exempt eUris (check one or* — ❑ 501(cX3) ❑ Sot(o t t w. ❑ tgA7tq(1j cr ❑ 52 (Form NO, 990-EZ, cr 99o-FF).
K Check ► ❑ If the organ zation is not a r nctirin "aK3) sup part" organ (y a section 517 organization and Its gross recail;As aro norm oy
not more titan SiD OCO, A Form 990-FEZ w Form 990 return is not required though form 990-N (e-postcard) tivy be requred (tree lnstr ctwins). But if
We organizatron chaos" to fat a return, be pwre to fibs a completo return
L Reid irtas 5b. 6c. and 70, to ine 9 to delerfr'►ne gross receipts. If gross rocorpt% are 62M,MD ra more, or d total as ms (Part ll,
Itne 2s, column lot t)Wowi are i500.LeD or more. file Form 990 irr,,t&W of Form 9%)-LZ ► S
Revenue, Expenses, and Cliainges In Net Assets or Fund Balances (see the instructions for Part 1)
Check if the oroanization used Schedule O to resnond to anv nt.eminn In this part 1 171
1 ContN MIons, gifts, grants, and similar amounts received .
1
2 Program service revefine Including tgtivernment fees and contracts . , . . . . .
2
3
3 Membership dues and assessments . . . . . . . . . . . . . . .
4 Invostmont income . . . . . . . . . . . . . . . . . .
4
5a Grow amount from sake of assets other than inventory 5a
b Less: cost or other basis and sales expenses . . . . . . . 5b
c Gain or (loss) from sale of assets other than inventory (Subtract tone 5b from line 5a)
5e
6 Gaming and fundraising events
_
m
a Gross income from gaming (altatc11 Schedule G if greater than
S15,000) . . . . . . . . . . . . . . . . . . . . 6a
b Gross income from fundraising events (not including $ of contribuWns
from fundraising events reported on line 1) (attach Scheduie G if the
sum of such gross income and contributions exceeds $1 b.000) . 6b
c Less: direct expenses from gaming and fundraising events . tic
d Net income or (doss) from gaming and fundraising events (add lines 6a and 6b and subtract
line 6c) . . . . . . . . . . . . . . . . . . . . . . . . . . . .
fad
7a Gross sales of inventory. less returns and allowances I 7a
w
b Las& exist of goods sold . . . . . . . . 7b
c Gross profit or (loss) from sales of inventory (Subtract line 7b (torn line 7a)
7c
8 Other revenue (dosonbo in Schedule O) . . . . . . . , .
8
9 Total revenue. Add lines 1, 2, 3, 4, 5c, 6d, 7c, and 8 . ►
9
10 Grants and similar amounts paid (tst in Schedule O) ri .
10
11 Benefits paid to or for members . . . . . . . . . . . . . . . . . . . .
11
12 Salaries, other compensation, and employee benefits
12
13
c
eul
13 Professional fees and other payments to independent contractors
14 Occupancy, rent, utilities, and maintarance . . . . . . . . . . .
15 Printing, publications, postage, and shipping . . . . . . . . . .
14
15
16 Other expenses (describe in Schedule 0) . . . . . . . . . . . . . . . .
16
. . . . . . . . . . . . . . . .
17 Total expenses. Add lens 10 through 16 IN-17
18 Excess or (deficiO for the year (Subtract lira 17 from line % . . . . . . . . . . . .
19 Not assets or fund balances at beginning of year (from line 27, column (A)) (must agree with
18
end -of -ye& figure reported on prior year's return)
19
20 Other changes in not assets or fund balances (explain In Schedule O) . . .
24
21 Net assets or fund balances at end of year. Combine lines 18 throb -) 20 ►
21
For Paperwork Reduction Act Notice, see the separate instructions. CZ1 No 11164P. Farm OWEZ i 012t
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 25
Farm 9^]0-Ft rmi.)
paps 4
IT -NO
46 Did the organization engage, directly or indirectly, in political campaign activltiws on behalf of or in opposition
to carKMatL* for public office? If "Yes," complete Schedule C. Part I . . . . . . . . . . . 46
Section 601(c)(3) organizations only
All suction 501(c)(3) organizations must answer questions 47-49b and 52, and complete the taNes for lines
60 and 51
Check it the organization used Schedule 0 to respond to anv nuestion in this Part VI
_..•..�..�,�.�--....._e......�....-.-.._ _...._•— Yea_ No
47 Did the organization engage in lobbying activities or have a section 501(h) election In effect during the tax
year? If 'Yes," complete Schedule C, Part II . . . . . . . . . . . F47
48 Is this organ►zatlw a school as described in section 170(bM1xAXii)? If "Yes," complete Schedule E 48
49a Did the Manizalion make any tr'artsfers to an exempt non -charitable related organization? . . . . . . 49a
b If "Yes," was the related organization a secton 527 organization? . . . . . . . 49b -�
60 Complete this table for the mganization's five highest compensated employees (other then ofhcers, directors, trustees and key
empfoyees) veto each received more than $100.000 of oomoensatcon from the organization. tf there is noriie, enter "None."
(ar) Nerr,e aril Me of each e"wbyoo
pad nSanR than yutn,Oprr
(b) Artixaga
noun Was week
9n'#uCptl to rx.311k.n
(Of wrp0441O O
conrparvsabon
liv7rme W?4-A 'tOgIt�SCI
(d) Heath twanstir,,
oontriO ubora bo am lo!""
tKrwftt FA a oia,
sat d6rErted
compensation
(o) %ti+aalatl ranee a cf
other,campcnsatm
f Total number of other employees paid over $100,000 . . . . 10-
61 Complete this table for the organization's live hi"t compensated independent contractors who each received more than
$100,000 of compensation from the organization. If there is none, enter "None."
Iasi Narre ar)d ed6eea of *xh ir'rJependent contractor pWV more Owl 11 Ol).DDO i (b) Type of swsica i (0) Caen Pwiswkrt
d Total number of other independent contractors each receiving over $100,000 _10.
62 Did the organization complete Schedule A? Note: All section 501(c)(3) organizations and 4947(a)(1)
nonexempt charitable trusts must attach a completed Schedule A . 1► ❑ Yea 0 No
Under perWreo of cwlury. ! deck►e trial I lave exerNned this redln, inducing accompanyrta sattitilAn and statamorts, and to the Oast M my knovAvdge aril WWA, k is
tnra, correct, "ccnptam Oadaratlan of proaarw (ntraor man or%t*rl K Oaaed on N info r-Olon of whin prepera has aM krveledge.
Sign 5iwtsluta of after naw "
Here
Terre or print rams and IRla �
Paid prkrh�ype Pre name Prepevw's signaaure �nm t s rrtlN
Check[] tt
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 26
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Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 27
POLICY NUMBER: PHPK553598-004 COMMERCIAL GENERAL LIABILITY
CG20260704
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifles insurance proAded under Itte following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Persons) Or Organization(s) - --_-
City of Newport Beach, Its officers, officials, ernisloyees and volunteer
100 Civic Center arrive
Newport Beach, CA 92660
Infarmallon Itguired to complete this Schedule, if not shlown above, will be shovrn In the Declarations.
It is understood and agreed that the City of Newport Beach, its offlows, officials, employees and volunteers are
added as an additional insured but only as respects the operations of the named Insured except that liability
resulting from the additional Insured's sale negligence. This policy is primary and non-contributory
Section Il — Who Is An Insured is amended to In-
clude as an additional insured the person(s) or organi-
zation(s) shown In the Schedule, but only with respect
to liability for 'bodily Injury'", "property damage" or
"personal and advertising injury' caused, in whole or
In part, by your acts or omissions or the acts or omis-
sions of those actin 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 ut) fields. in case vour 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
Youth Sports Commission Member Requirements and Field Allocation & Use Policy
Amended August 4, 2015
Page 29
Buffalo Hills
Coastal Peak Park #1
Coastal Peak Park #2
Eastbluff #1
Irvine Terrace
Mariners #1
Pennisula Park
San Miguel
"Summerl 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 two million
dollars ($2,000,000) per occurrence, preferred with a four million dollar
($4,000,000) 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 modification limiting the scope
of coverage for liability assumed under a contract.
Orange County Football Academy Inc. dba Matt Leinart Flag Football D-1
3. Sexual Abuse/Molestation. Sexual abuse/molestation coverage shall be
included under Commercial General Liability or obtained in a separate
policy with a limit no less than one million dollars ($1,000,000) per
occurrence and two million dollars ($2,000,000) in the aggregate.
4. 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:
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.
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.
Orange County Football Academy Inc. dba Matt Leinart Flag Football D-2
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. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. 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,
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
Orange County Football Academy Inc. dba Matt Leinart Flag Football D-3
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.
Orange County Football Academy Inc. dba Matt Leinart Flag Football D-4