HomeMy WebLinkAboutC-7463-1 - Non-Profit Special Needs Contractor Agreement Recreation Instructorm
NONPROFIT SPECIAL NEEDS
CONTRACTOR AGREEMENT
[�- RECREATION INSTRUCTOR
V This Nonprofit Special Needs Contractor Agreement ("Agreement") is made and
entered into as of this 1St day of June, 2018 ("Effective Date") by and between the City
of Newport Beach, a California municipal corporation and charter city ("City"), and
The Orange County Friendship Circle a California nonprofit corporation ("Contractor"),
to provide non-profit, special needs classes or programs ("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:
The term of this Agreement shall commence on the June 1, 2018, and shall
terminate on December 31, 2019, unless terminated earlier as provided herein.
2. COMPENSATION
2.1 Funds and fees shall not be exchanged or collected for classes, programs or
facilities if Contractor provides classes or programs free of charge. Contractor may collect
enrollment fees, if agreed upon by City in writing.
2.2 For any Program season for which Contractor collects fees, and no later than
twenty-one (21) business days after the start of such Program season, Contractor shall
remit to City:
2.2.1 Twenty percent (20%) of the amount of the total fees collected; and
2.2.2 A ten dollar ($10.00) non-resident fee for each non-resident enrolled.
2.3 City reserves the right to request registration numbers, waivers, and proof of
Class or Program enrollment for payment verification or emergency contact information
purposes.
3. DUTIES OF CITY
3.1 Registration. City shall register all participants and shall collect all enrollment
fees unless otherwise agreed upon with City pursuant to Section 2.1. Contractor shall not
accept enrollment fees directly from a participant unless City approves, in advance and in
writing, the acceptance of enrollment fees by Contractor. Contractors shall only collect
material fees that are pre -approved by City and published in advance in the Newport
Navigator and/or the OASIS News. Such material fees shall be collected by Contractor at
the first Class meeting.
3.2 Publicity. City shall provide publicity for the Class in the Newport Navigator
(published on a quarterly basis) and/or the OASIS News (published on a monthly basis).
City shall have the sole discretion to decide what information will be included in the
Newport Navigator and/or the OASIS News about the Class and Contractor. Publicity may
also include flyers created by City or Contractor. Contractor- created marketing materials
must be approved in writing by City before distribution.
3.3 Class Facility. City shall provide a location for the Class without charging
Contractor any rental fees, unless otherwise agreed by the parties. Contractor will request
dates and times for the Classes and City will inform Contractor if the facility is available. It
is Contractor's sole responsibility to request these dates/times; City will not schedule
Contractor's Classes without receiving date/time requests from Contractor. City facilities
shall only be used for Classes authorized by the City under this Agreement.
3.4 Refund Processing. If Contractor is collecting enrollment fees, refunds are
at their discretion and shall be reflected on Contractor's roster provided to the City.
Notwithstanding the forgoing, City may require Contractor to provide refunds to participants
when:
3.4.1 The participant drops the Class before the second Class meeting,-
3.4.2
eeting;
3.4.2 The participant drops a Class that is a one (1) day or more workshop
at least five (5) City business days before the workshop begins; or
3.4.3 The Class is canceled by City or Contractor. If canceled by Contractor,
all required paperwork must be received by City at least seventy-two
(72) hours before start date of Class.
3.5 Class Roster, Sign -Out and Attendance Sheets. City shall provide Class
rosters, sign -out sheets and attendance sheets to Contractor online via City's registration
system. Contractor is responsible for requesting log -in and password information from
City for use of the registration system.
4. NON-PROFIT SPECIAL NEEDS CONTRACTOR DUTIES
4.1 Contractors. Contractor hereby certifies that it, or any subcontractor,
representative, volunteer, 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.
The Orange County Friendship Circle Page 2
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 Adult, 18 years of age or older, Representatives who are 18 years of
age or older must comply with the Fingerprint and Criminal Background Check policy as
described in Section 9 of this Agreement. If a Representative is under the age of 18, a
parent authorization form must be completed and submitted to the City along with this
Agreement. All Representatives must be able to provide proof of legal right to work in the
United States.
4.2.1 Representative Approval Form. Attached as Exhibit A, and
incorporated herein by reference, is the Representative Approval
Form ("Form"). Each Representative is required to obtain the written
approval of the Recreation & Senior Services Director prior to
performing any services under this Agreement. Prior to Contractor
using any Representative to provide any services pursuant to this
Agreement, Contractor shall submit to City a completed Form for each
Representative that Contractor desires to use to provide services
pursuant to this Agreement. Contractor, at the sole discretion of City,
shall remove from the Program any Representative assigned to the
performance of services pursuant to this Agreement upon written
request of City.
4.2.2 Please initial the statement that applies:
I will not be using Representatives.
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
The Orange County Friendship Circle Page 3
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 16 of this Agreement. If the demand is such that an
additional Class could be offered, it shall be taken under consideration and negotiated
between City and Contractor. If Class(es) are canceled for two (2) consecutive quarters
due to lack of enrollment, the Class will not be scheduled again until City determines that
public demand has increased.
4.7 Program Dates. In advance of publication in the Newport Navigator or
OASIS News, Contractor shall collaborate with the City to schedule all Program session
dates; however, the City shall, in its sole and absolute discretion, have the final authority
to schedule, reschedule, or cancel any and all Program session dates.
4.8 Participant Roster. Contractor shall submit to the City a roster of all Program
participants no later than two (2) calendar days after the commencement of any Program
session. Contractor shall notify the City of any change to the submitted participant roster
within two (2) calendar days of such change.
4.9 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:
4.9.1 Notify City at least twenty-four (24) hours in advance,-
4.9.2
dvance;
4.9.2 Provide sufficient parking for all participants;
4.9.3 Post signs at the site to direct participants to the location of
Class; and
4.9.4 Allow access to City staff to the location when requested.
4.10 Absences. Contractor shall obtain permission from City one (1) week prior
The Orange County Friendship Circle Page 4
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.
4.10.1 City urges Contractor to obtain 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.
4.11 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.
4.12 Contractor Informational Meeting. Contractor or Contractor's authorized
Representative or employee shall attend an annual "Contractor Informational Meeting."
4.13 Camp Participant Emergency Waiver Form Requirements. All Contractors
who offer camps shall require all participants to complete and return to Contractor, or its
designee, on or before the first day of camp, a City issued "Emergency Contact Information
Form."
4.14 Sign -Out Sheets. All camp Contractors with participants ages ten (10) years
and younger shall have a parent or legal guardian sign out each said Class participant after
each Class. Sign -out sheets along with attendance sheets are available to Contractor
online through the instructor login. All camp Contractors with participants age seventeen
(17) years and younger shall retain written permission from a parent or legal guardian to
allow said participants to transport themselves home from the Class site.
4.15 Other Requirements. Contractors shall:
4.15.1 Cooperate fully with all reasonable requests from City staff;
4.15.2 Maintain the highest degree of participant safety possible, -
4.15.3 Inouries
ossible;
4.15.31njuries or Damaqes. 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;
4.15.4 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;
4.15.5 Ensure that any music or sound system is kept at levels that will not
interfere with other classes or create a public disturbance/nuisance;
The Orange County Friendship Circle Page 5
4.15.6 Close and secure the room or building at the end of each Class;
4.15.7 Turn off any lights, heat, air conditioning, or other utilities the end of
each Class,-
4.15.8
lass;
4.15.8 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;
4.15.9 Know facility rules and regulations and provide pertinent information
(e.g., refund policy) to participants;
4.15.10 Pay a twenty dollar ($20.00) lost key/replacement fee when
Contractor requests replacement key; and
4.15.11 Abide by all City policies and procedures including, but not limited
to, the requirements set forth in the Newport Navigator and OASIS
News and the current Contractor Handbook which is incorporated
herein by reference. Contractor's signature on this Agreement
signifies acknowledgement of receipt of the Contractor Handbook.
4.16 Contractor Photo ID Badge. Contractor and Representatives are required to
wear a City -provided Contractor Photo ID Badge at all times while engaging in services for
City. Contractor shall be required to pay five dollars ($5.00) for any lost or replacement
Contractor Photo ID Badge. Contractor Photo ID Badges are distributed upon execution or
renewal of the Agreement with City.
5. PROJECT ADMINISTRATOR
This Agreement will be administered by the Recreation & Senior Services
Department. City's Recreation Manager, or designee, shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project Administrator
shall represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
6. NOTICES
Unless otherwise indicated, all notices, demands, requests or approvals, including
change of address notices, to be given under the terms of this Agreement shall be given in
writing, and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-class
mail, addressed as hereinafter provided.
6.1 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn.: Recreation Manager
Recreation & Senior Services Department
The Orange County Friendship Circle Page 6
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.-
Chani Mintz, CEO
The Orange County Friendship Circle
2240 University Drive
Newport Beach, CA 92660
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 such,
Contractor shall have the sole legal responsibility to remit all federal and state income and
Social Security taxes and to provide for its own workers compensation and unemployment
insurance and that of its Representatives. Contractor also agrees to provide liability
insurance as required by City and described more fully below and in Exhibit B. City shall
not be liable for any payment or compensation in any form to Contractor other than as
provided herein. City reserves the right to employ other independent contractors and
contractors who teach the same or similar classes. City shall provide Contractor with IRS
Form 1099-MISC or other applicable IRS forms at the end of the calendar year for all fees
paid to Contractor.
7.2 Contractor agrees and acknowledges that no individual performing a Class
or Program pursuant to this Agreement, including Contractor and Representatives, 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 B, 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.
The only exception is if Representative is a volunteer under the age of 18. Contractor and
its Representatives are required to submit fees at City's cost pursuant to the administrative
The Orange County Friendship Circle Page 7
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 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.
The Orange County Friendship Circle Page 8
13. BUSINESS LICENSE
Newport Beach Municipal Code Chapter 5.04 provides that every business
operating in City must obtain a business license prior to conducting business in City and
pay the required business license tax. The City business license tax is an annual fee due
every twelve (12) months. Contractor agrees to obtain a City business license as required
by Chapter 5.04 and provide proof of compliance annually. Business license applications
are available in the Revenue Division Office at Newport Beach City Hall. In certain
circumstances, Contractor may be eligible to pay a reduced business license tax, which is
known as an "apportioned business tax". A Declaration for Apportioned Business Tax is
available in the Revenue Division Office at City Hall. A copy of the business license must
be submitted with this Agreement.
14. INDEMNIFICATION
14.1 General. Contractor shall indemnify, defend and hold harmless City, its
elected and appointed officers, employees, agents, volunteers, representatives, the City
Council, boards and commissions, and any person or entity owning or otherwise in legal control
of the property upon which Contractor performs the Class or Program contemplated hereunder
("Indemnified Parties") with respect to any loss, liability, injury or damage that arises out
of, or is in any way related to, the acts or omissions of Contractor, its employees,
representatives, officers and agents in the course of performing services under this
Agreement; however, Contractor shall not be required to indemnify City from any claim
arising from the sole negligence or willful misconduct of the Indemnified Parties.
14.2 Intellectual Property. Contractor shall defend, indemnify, and hold harmless
the Indemnified Parties from any claim of infringement or other proceedings brought against
City for any intentional or unintentional violation by Contractor of the displayed, written, or
digital materials provided by Contractor and used during the performance of this
Agreement. Such legally protected rights of third parties include but are not limited to trade
secrets, moral rights, proprietary acts, U.S. patents, trademarks, service marks and
copyrights vested or issued as of the Effective Date of this Agreement. If Contractor will be
providing a public performance of musical compositions or arrangements that are subject
to a license held by a third party, it is the responsibility of Contractor to obtain the
appropriate license to perform the material prior to the public performance.
15. TERMINATION
City has the right, at its sole discretion and with or without cause, to terminate this
Agreement at any time by giving three (3) calendar days' prior written notice to Contractor.
In the event of termination under this Section, City shall pay Contractor on a prorated basis
for any Classes or Programs that were actually taught by Contractor, if any, up to the
effective date of termination.
16. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under the Agreement, Contractor shall submit to City in writing,
all claims for compensation under or arising out of this Agreement. Contractor's acceptance
The Orange County Friendship Circle Page 9
of the final payment shall constitute a waiver of all claims for compensation under or arising
out of this Agreement except those previously made in writing and identified by Contractor
in writing as unsettled at the time of its final request for payment. Contractor and City
expressly agree that in addition to all claims filing requirements set forth in the Agreement,
Contractor shall be required to file any claim Contractor may have against City in strict
conformance with the Government Claims Act (California Govt. Code §§ 900 et seq.).
17. STANDARD PROVISIONS
17.1 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
17.2 Waiver. A waiver by City of any term, covenant, or condition in the Agreement
shall not be deemed to be a waiver of any subsequent breach of the same or any other term,
covenant or condition.
17.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and Agreements of whatsoever kind or nature are merged herein. No
verbal contract or implied covenant shall be held to vary the provisions herein.
17.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of this
Agreement shall govern.
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.
The Orange County Friendship Circle Page 10
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]
The Orange County Friendship Circle 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 - 2 o ig
By:
272
- Aaron C. Har, S iy.rQ
City Attorney
ATTEST:
Date: �. 0. Ir
By: &W / Pd
_
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: Cv , 1 `5 - 1`8
LVaetweiler
RSenior ervices Director
CONTRACTOR: THE ORANGE
COUNTY FRIENDSHIP CIRCLE, a
California n n ofit corporation
Date: �-
By:
Chan intz
Chief Executive Officer
Date: d�-
Sir k By. GSL(
Jer W r sman
Secretary
Attachments: Exhibit A — Representative Approval Form
Exhibit B — Insurance Information
The Orange County Friendship Circle Page 12
EXHIBIT B
INSURANCE REQUIREMENTS
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 thisAgreement.
2 General Liability Insurance. Contractor shall maintain commercial general
liability insurance, with coverage at least as broad as provided by Insurance
Services Office form CG 00 01, in an amount not less than one million
dollars ($1,000,000) per occurrence, preferred with a two million dollar
($2,000,000) in the aggregate... The policy shall cover liability arising from
premises, operations, personal and advertising injury, and liability assumed
under an insured contract (including the tort liability of another assumed in
a business contract) with no endorsement or modification limiting the scope
of coverage for liability assumed under a contract.
The Orange County Friendship Circle Page B-1
(a) Contractor shall have the option of purchasing liability coverage
through the City of Newport Beach's Special Event insurance program, or
through Southern California Municipal Athletic Federation ("SCMAF") or
providing its own coverage. If Contractor elects to obtain its own coverage,
said coverage must be as outlined in this Exhibit.
(b) Please initial the statement that applies:
Contractor shall provide a copy of the General Liability
Insurance with Additional Insured Endorsement that
meets the requirements contained herein.
Contractor shall utilize City -provided insurance
through Southern California Municipal Athletic
Federation ("SCMAF") and will pay all required fees
billed on a quarterly basis by City. I have reviewed the
Contractor Handbook for complete information.
Please note that SCMAF does not provide coverage for
Worker's Compensation or Automobile Insurance Liability.
3. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
1. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected and appointed officers, agents, officials, employees and
volunteers, representatives, the City Council, boards and commissions, and
any person or entity owning or otherwise in legal control of the property upon
which Contractor performs the Class or Program 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, pollution liability, and automobile liability, but not including
professional liability, shall provide or be endorsed to provide that City and its
elected and appointed officers, officials, employees, agents, and volunteers,
representatives, the City Council, boards and commissions, and any person
or entity owning or otherwise in legal control of the property upon which
Contractor performs the Class or Program shall be included as insureds
under such policies.
The Orange County Friendship Circle Page B-2
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 0413.
E. Additional Agreements Between the Parties. The parties hereby agree to the
following:
1. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this contract. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
2 City's Right to Revise Requirements. The City reserves the right at any time
during the term of the contract to change the amounts and types of
insurance required by giving Contractor sixty (60) days advance written
notice of such change. If such change results in substantial additional cost
to Contractor, City and Contractor may renegotiate Contractor's
compensation.
3. Enforcement of Contract Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of City to inform Contractor of
non-compliance with any requirement imposes no additional obligations on
City nor does it waive any rights hereunder.
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, City requires and shall be entitled
to coverage for higher limits maintained by Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance
and coverage shall be available to City.
The Orange County Friendship Circle Page B-3
5. Self-insured Retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
6. City Remedies for Non Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Contractor's right to proceed until proper evidence
of insurance is provided. Any amounts paid by City shall, at City's sole
option, be deducted from amounts payable to Contractor or reimbursed by
Contractor upon demand.
7. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies.
8. Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
The Orange County Friendship Circle Page B-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 6/15/18 Dept./Contact Received From:
Date Completed: 6/27/18 Sent to
Company/Person required to have certificate:
Type of contract:
Teri
Teri
By: Jan
Newport Jewish Center / OC Friendship Circle
Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 11/30/16-11/30/19
A.
INSURANCE COMPANY: Church Mutual Insurance Company
B.
AM BEST RATING (A-: VII or greater): A / X
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$1M/$3M
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
❑ Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
❑ Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ®No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION
DATE:
A.
INSURANCE COMPANY:
B.
AM BEST RATING (A-: VII or greater)
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
❑ Yes ❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
ADDITIONAL INSURED WORDING:
® N/A ❑ Yes ❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
® N/A ❑ Yes ❑ No
H.
HIRED AND NON -OWNED AUTO ONLY:
® N/A ❑ Yes ❑ No
I.
NOTICE OF CANCELLATION:
❑ N/A 0 Yes ❑ No
WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY:
B. AM BEST RATING (A-: VII or greater):
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
VI BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
6/27/18
Date
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes [:]No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
►ZR�M■1r,
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _•
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.